This User Agreement (“Agreement”) governs your access to and use of the Cluo mobile application (“App”) and related features offered by the operator of Cluo (“we,” “us,” or “our”). By downloading, installing, or using the App, you agree to this Agreement. If you do not agree, do not use the App. This document is not legal advice; where required by law, mandatory consumer rights may apply in addition to the terms below.
1. The App and what this Agreement covers
Cluo is an iPhone application that lets you arrange and explore personal photos in a spatial, orbital presentation—including 3D scene visualization, capture and editing flows, previews, and optional in-app virtual currency for premium actions within the App. This Agreement sets the rules for using the App. It is a user agreement between you and us regarding the App; it is not a substitute for Apple’s own terms that apply to App Store purchases and platform use.
2. Eligibility
You must be legally able to enter a binding contract in your place of residence. If you use the App on behalf of an organization, you represent that you are authorized to bind that organization. The App is intended for users who meet the minimum age required by Apple and applicable law in your region.
3. License to use the App
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on supported iPhone devices that you own or control, solely for your personal, non-commercial use unless we expressly agree otherwise in writing.
You must not: copy, modify, or create derivative works of the App except as permitted by law; reverse engineer, decompile, or attempt to extract source code except where such restriction is prohibited by law; rent, lease, lend, sell, sublicense, or distribute the App; circumvent technical protections; use the App to build a competing product; or use automated means to access the App in a way that imposes an unreasonable load on our systems.
4. Your content and intellectual property
You retain ownership of photos and other content you provide through the App (“User Content”). To operate the App on your device, you grant us a limited license to process User Content locally and as needed to provide the features you invoke (for example, displaying images in the 3D scene or in previews). You represent that you have the rights needed for your User Content and that it does not violate third-party rights or applicable law.
We do not claim ownership of your User Content. The App, its design, branding, and software (excluding your User Content) are protected by intellectual property laws and remain our property or our licensors’ property.
5. Virtual currency and in-app purchases
The App may offer virtual currency or other digital items consumable within the App. Purchases are processed by Apple through the App Store. Payment processing, billing, refunds, and subscription rules (if any) are governed by Apple’s terms and policies. Virtual currency has no real-world monetary value, is non-transferable except as allowed within the App, and may not be redeemed for cash. We may change prices, bundles, or availability with reasonable notice where required by law.
6. Acceptable use
You agree not to use the App to: violate any law; harass, harm, or impersonate others; upload unlawful, infringing, or harmful content; interfere with security or integrity of the App; or misuse camera, microphone, photo library, or tracking permissions beyond what the App reasonably requires for its features.
7. Privacy
Our collection and use of personal information are described in the Privacy Policy, which is incorporated into this Agreement by reference. Where the App requests access (for example, to the camera, microphone, photo library, or app-tracking authorization on iOS), we use such access only as disclosed and as needed for the stated features.
8. Third parties
The App runs on Apple’s iOS and may rely on Apple frameworks and services. Your use of those platforms is also subject to Apple’s applicable terms. We are not responsible for third-party services or content outside our reasonable control.
9. Updates and changes
We may release updates, patches, or modifications to the App. Some updates may be required for continued use. We may also modify this Agreement; we will post the updated Agreement with a new effective date where practicable. Your continued use after the effective date of changes constitutes acceptance unless applicable law requires a different process.
10. Disclaimers
To the maximum extent permitted by applicable law, the App is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.
Some jurisdictions do not allow certain warranty exclusions; in those jurisdictions, our warranties are limited to the extent permitted by law.
11. Limitation of liability
To the maximum extent permitted by applicable law, in no event will we or our affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses, arising from your use of or inability to use the App.
Our aggregate liability for claims relating to the App shall not exceed the greater of (a) the amount you paid us directly for the App or in-app items in the twelve (12) months before the claim, or (b) where no such payment exists, fifty U.S. dollars (USD $50), except where such a cap is prohibited by law.
12. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless us and our affiliates from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your User Content, your misuse of the App, or your violation of this Agreement or applicable law.
13. Regional consumer notices
Nothing in this Agreement is intended to limit rights you may have under mandatory laws in your country or state of residence, including:
United States — California: California residents may have specific rights regarding personal information under the California Consumer Privacy Act, as amended (“CCPA/CPRA”). See our Privacy Policy for more detail.
Canada: Canadian privacy laws may grant you rights regarding personal information; our Privacy Policy describes how to exercise applicable requests.
Singapore: If you are in Singapore, the Personal Data Protection Act 2012 (“PDPA”) may apply to our handling of personal data as described in our Privacy Policy.
Australia: If you are in Australia, the Privacy Act 1988 (Cth) and Australian Privacy Principles may apply; our Privacy Policy outlines relevant practices and contact options.
If a court or regulator finds any part of this Agreement unenforceable, the remainder stays in effect to the fullest extent permitted.
14. Governing law and disputes
Unless mandatory local law requires otherwise, this Agreement is governed by the laws of the State of California, United States, excluding conflict-of-law rules. Subject to mandatory consumer protections in your jurisdiction, you agree that courts in California have exclusive jurisdiction for disputes, except that either party may seek injunctive relief in any court of competent jurisdiction.
If you are a consumer in the European Economic Area, United Kingdom, or another region with non-waivable dispute or jurisdiction rules, those rules may apply despite the foregoing where required.
15. Termination
You may stop using the App at any time by uninstalling it. We may suspend or terminate access if you materially breach this Agreement or if we are required to do so by law. Provisions that by their nature should survive (including license limitations, disclaimers, liability limits, indemnity, and governing law) will survive termination.