Halation Terms of Service

1. Relationship to Apple's terms

These Terms are the Custom EULA between you and the Developer governing your use of the app, made as permitted under Apple's Media Services & Content Terms (including the "Usage Rules" therein, the "Apple Terms"). These Terms do not conflict with the mandatory provisions of Apple's standard EULA; matters not covered here are governed by the Apple Terms. Apple is not a party to these Terms.

2. Definitions

• The app: the iOS camera app "Halation" developed by the Developer (Bundle ID: com.filmcam.ios), including its updates, upgrades and bundled components.
• Developer / we: superwatermelon (an individual developer).
• You / user: a natural person who obtains the app through the Apple App Store and installs or uses it on an Apple device that you own or control.
• Your content: photos and other content you take, process or save using the app.

3. The app

The app uses your device's camera for framing and capture, and develops captured images locally on your device in the style of the selected film, saving the results to the photo library you authorize. The app requires no account, connects to no network, and contains no advertising, in-app purchases, or third-party analytics or tracking components. Its handling of personal information (none) is described in the Privacy Policy.

All film names in the app are invented and do not correspond to any manufacturer's products; the film simulations (color, grain, halation) are artistic recreations.

4. Grant of license

The app is licensed, not sold, to you. Subject to your compliance with these Terms and the Apple Terms (including the Usage Rules), the Developer grants you a personal, limited, non-transferable, non-exclusive, revocable license to install and use the app on Apple-branded devices that you own or control. You may photograph and develop images for any lawful purpose.

The Developer reserves all rights not expressly granted to you.

5. Restrictions

Without the Developer's written permission, you may not:

• make the app available over a network for simultaneous use on multiple devices, or rent, lend, resell, redistribute or sublicense the app;
• reverse engineer, decompile or disassemble the app, attempt to derive its source code, modify it or create derivative works, except to the extent expressly permitted by applicable law and not waivable;
• remove, obscure or alter any proprietary notices, copyright statements or rights notices on the app;
• use the app for any unlawful purpose, to infringe others' lawful rights, or in a way that harms network security;
• sell or transfer your device without first deleting the app (as required by Apple's Usage Rules).

6. Your content

Photos and other content you take, process and save using the app belong to you, and the Developer claims no rights over them. All capture and processing happens locally on your device; the Developer never obtains, uploads or stores any of your content.

You are responsible for taking, keeping, using and sharing your content. Ensure your actions are lawful and respect others' portrait rights, privacy and personal information rights, and copyrights — photographing people without consent or photographing restricted or classified locations is at your own responsibility.

7. Data and privacy

The Developer takes your privacy seriously. Unlike Apple's standard EULA, which permits collection of non-identifying technical data for updates, this app collects no technical data or personal information at all — the Developer cannot collect, use or transmit any of your data. The app's handling of personal information (none) is described in the Privacy Policy, which forms part of these Terms.

8. Fees and refunds

The app is distributed through the Apple App Store. Any fees for obtaining the app (if applicable) are charged and settled by Apple under the Apple Terms; refunds follow Apple's refund policy. The Developer charges you nothing separately.

9. Maintenance, support and complaints

The Developer (not Apple) is responsible for maintenance, warranty and support of the app. For any questions, suggestions or complaints, contact the Developer at support@photooapp.com and we will respond within a reasonable time. Apple provides no maintenance or support for the app; if you contact Apple about its performance or support, Apple will, where possible, direct you to the Developer.

10. Terms relating to Apple

You acknowledge and agree that:

1. the Developer (not Apple) is solely responsible for the app and its content;
2. if the app fails to conform to any warranty in these Terms or at law, you may notify Apple, and Apple will refund the purchase price of the app (if applicable) under its policy; to the maximum extent permitted by law, Apple has no other warranty obligations whatsoever with respect to the app;
3. the Developer (not Apple) is responsible for addressing any claims by you or any third party relating to the app, including product liability, consumer protection, regulatory compliance, and intellectual property infringement claims;
4. Apple is a third-party beneficiary of these Terms and, upon your acceptance, has the right to enforce the license terms of these Terms against you;
5. your use must comply with the Usage Rules in the Apple Terms;
6. Apple is not responsible for any third-party intellectual property infringement claims relating to the app.

11. Compliance representations

You represent and warrant that you are not located in any country or region subject to a U.S. government embargo or sanctions, and are not on any U.S. government restricted list such as the Specially Designated Nationals List, the Denied Persons List or the Entity List; and that you will use the app in compliance with U.S. and other applicable export control laws.

12. Warranty disclaimers

The app is provided "AS IS" and "AS AVAILABLE", with all faults. To the maximum extent permitted by law, the Developer makes no warranties, express, implied or statutory, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, uninterrupted operation and non-infringement. You bear the entire risk of using the app and the entire cost of any servicing or repair.

The film simulations in the app — including color, grain and halation effects — are artistic recreations, and are not a promise or warranty that results will match any real film or any manufacturer's products. Results also depend on your device hardware, lighting conditions and OS version.

13. Limitation of liability

To the maximum extent permitted by law:

• the Developer is not liable for any indirect, incidental, special or punitive damages (including lost profits, data or business interruption) arising from use of, or inability to use, the app, under any theory of liability (contract, tort including negligence, or otherwise);
• the Developer is not liable for damage caused by force majeure, your device malfunction, iOS changes or restrictions, or your breach of these Terms;
• the Developer's total aggregate liability to you (if any) shall not exceed the amount you actually paid for the app.

These limitations do not exclude consumer rights that mandatory law grants you (including liability for personal injury to the extent it cannot be excluded), nor your statutory refund rights against Apple.

14. Use by minors

The app is a pure utility camera app with no social features, chat, advertising or paid content, and provides no services targeted at minors. Minors should use it with the consent and guidance of a parent or guardian, and should be encouraged to photograph and share lawfully and respectfully.

15. Termination

These Terms take effect when you accept them and remain in effect until terminated. You may terminate at any time by stopping use and uninstalling the app; if you materially breach these Terms, they and the license in Section 4 terminate automatically, and you must immediately stop using and delete the app. Sections 6 and 10 through 13 and 17 through 19 survive termination.

16. Amendment

The Developer may revise these Terms due to feature updates, legal requirements or App Store policy changes. Revised Terms are published at filmcam.photooapp.com/en/terms with an updated effective date; changes materially adverse to you will be announced in advance through an in-app notice or other reasonable means. Continuing to use the app after a revision takes effect means you accept the revised Terms; if you do not accept them, stop using and uninstall the app.

17. Notices

Notices to you may be given by publication on this page, in-app notice, or through contact details you have provided, and are deemed delivered upon publication or dispatch. Notices to the Developer should be sent to support@photooapp.com.

18. Governing law and disputes

These Terms, their formation, validity, interpretation, performance and dispute resolution are governed by the laws of the People's Republic of China (for this section, excluding Hong Kong, Macao and Taiwan). Disputes arising from or relating to these Terms shall first be resolved through friendly negotiation; failing that, either party may file suit with a people's court of competent jurisdiction at the Developer's place of domicile, without prejudice to consumers' statutory right to seek remedies at their place of residence.

19. Miscellaneous

• Entire agreement: these Terms (including the Privacy Policy) constitute the entire agreement between the parties regarding the app and supersede all prior oral or written understandings;
• Severability: if any provision is held invalid or unenforceable, the remaining provisions remain in effect;
• No waiver: the Developer's failure or delay in exercising any right is not a waiver of it, and partial exercise does not preclude further exercise;
• Assignment: you may not assign your rights or obligations under these Terms without the Developer's written consent;
• Headings: section headings are for convenience only and do not affect interpretation.