Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Dimitrios Apostal, an individual (the sole developer of Pholara), based in New Hampshire, USA ("we", "us", "our"), governing your use of the Pholara web application and the pholara.com website (the "Service"). By using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

Pholara is a photo editor that runs entirely in your web browser. It is currently offered free of charge and without an account. RAW and image files you open are decoded and edited on your own device; we do not host, receive, or process your files. We may add, change, or remove features, and we may modify or discontinue the Service, at any time.

How we handle the limited data the Service involves is described in our Privacy Policy, which you should read alongside these Terms.

You keep all rights to the photos and files you open in the Service. Because everything happens on your device, we never receive a copy of your content and claim no rights to it. You are responsible for the files you process and for having the rights to do so.

Keep your own backups. The Service edits your files in your browser and stores work-in-progress in your browser's local storage. Browser storage can be cleared by you, your browser, or your operating system, and software can contain bugs. Always keep your original files safe elsewhere; do not rely on the Service as your only copy.

You agree to use the Service lawfully and not to misuse it. In particular, you agree not to:

• use the Service to process content you have no right to, or in any way that infringes others' intellectual-property, privacy, or other rights;
• use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• attempt to disrupt, overload, attack, or gain unauthorized access to the Service, its hosting, or other users' systems;
• introduce malware, or attempt to use the Service's file-parsing to attack your own or others' systems;
• remove, obscure, or alter any proprietary notices, or misrepresent the Service as your own product; or
• use the Service in a way that violates the open-source licenses of its bundled components (see section 6).

Because the Service runs on your device and we never see your files, we do not and cannot monitor or moderate the content you process; responsibility for it rests with you.

The Pholara application, its source code, design, and the Pholara name and logo are our proprietary property or that of our licensors, and are protected by intellectual-property laws. Subject to these Terms, we grant you a personal, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. Except for the open-source components described below and any rights expressly granted here, no other rights are granted to you.

The Service includes third-party open-source software and data, each provided under its own license. Those components are listed, with their licenses and attributions, in the in-app "Open Source Licenses" notice (available from the same menu as these Terms).

Nothing in these Terms limits, overrides, or adds restrictions to any rights you have under the open-source license of any such component. To the extent these Terms conflict with an applicable open-source license as it applies to that component, that license governs for that component.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL CORRECTLY DECODE, RENDER, EXPORT, OR PRESERVE ANY PARTICULAR FILE.

You specifically acknowledge that the Service parses and processes complex, untrusted image files entirely on your device, and that this can fail in ways that may corrupt, alter, or lose an in-progress edit or an exported file. You assume the risk of using the Service on your files and are responsible for keeping backups of your originals.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you; in that case those exclusions apply to the maximum extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF DATA, FILES, PROFITS, GOODWILL, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM (WHICH, FOR THE FREE SERVICE, IS ZERO) OR ONE HUNDRED U.S. DOLLARS (USD 100).

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (such as for death or personal injury caused by negligence, or for fraud).

In plain terms: the Service is free, you use it at your own risk, and the most we could ever owe you is USD 100.

To the extent permitted by law, you agree to be responsible for, and to hold us harmless from, claims and losses arising out of your misuse of the Service or your violation of these Terms or of any law or third-party right.

We may update these Terms from time to time. When we do, we will change the effective date above, and for material changes we will make the update prominent. Your continued use of the Service after an update means you accept the revised Terms.

You may stop using the Service at any time. We may suspend or end your access to the Service if you violate these Terms or to comply with the law. The sections that by their nature should survive termination (including content ownership, disclaimers, limitation of liability, and governing law) will survive.

These Terms are governed by the laws of the State of New Hampshire, United States, without regard to its conflict-of-laws rules, and you and we submit to the courts located there for any dispute, except where mandatory consumer-protection law in your country of residence gives you the right to rely on your local law and courts.

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service, and supersede any prior or contemporaneous statements. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours in connection with a merger, acquisition, or sale of assets.

Questions about these Terms? Get in touch:

Support: support@pholara.com