×



We would love to hear your feedback. CONTACT US For questions & comments:

[email protected] [email protected]

  Your Name:
  Your e-Mail Address:
  Subject of your Message:
  Your Message:

Effective Date: June 21, 2021

Photo Transfer App - Terms of use

 

Mobileware Studio SL, NIF: B02821767
C / Comte Borrell, 306, 3, 1
Barcelona, España
[email protected]
Commercial registry data: Mercantile Register of Barcelona, Volume 47556, Sheet 159, Page 555489

 

This site and the mobile applications and services available in connection with this site and mobile application (the "App") are made available to you by Mobileware Studio, SL. ("Mobileware Studio", "We") subject to these Terms of Service, including those set forth in the Privacy Policy (the “Terms”).

The Application allows users to transfer photos and videos directly from one mobile device to another device or computer using a Wi-Fi network, a USB cable or bluetooth communication. In this mode of transfer (via Wi-Fi network, USB or bluetooth), the files transferred are not stored on any intermediary server at any point – all transfers are executed directly device to device.

The App also allows users to transfer from and to different cloud services providers: Google Drive, Dropbox, OneDrive and Flickr. In this mode the files transferred are sent directly from the mobile device to the Cloud Service provider selected and authorized by the user. No intermediary servers are used at any point.

The “Send to someone” feature inside of the app allows the users to send photos from one person to another via a shared link. In this mode the app will store files selected by the user in our private online file repository. The files are encrypted and are only available to the people the user decides to share with. In this mode the user is solely responsible for maintaining the confidentiality of the private link the app generates to share files. Only people with the link will have access to the files. The user is entirely responsible for the distribution of that link. Files are stored in our file repository for a maximum period of 14 days after which files are automatically deleted and no longer available for retrieval. The shared link can be accessed a maximum of 10 times after which the link automatically expires. For more information about this feature visit: http://phototransferapp.com/help/send-to-someone-learn-more/

By accessing, using or downloading any materials from the App, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at Terms of Use. We and our third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this App at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this App. The App is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this App. BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF. 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.

Registration


To use some services available on the App, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the App’s registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that we may use your User Data to provide services on the App for which you have expressed interest. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the App. In consideration of your use of the App, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

Payments


If you choose to buy a PRO Subscription to access all features in the app, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, in-app purchase using your iTunes account, or any other payment method made available by us) (“Payment Method”). You will immediately be charged for these fees after you tap to buy access to the PRO Subscription. You agree to pay all fees incurred in connection with your subscription.

Fees and Renewals


You may elect buy a PRO Subscription to access all features of the app and pay membership fees on a annual basis. All subscription fees are payable in advance. Subscription fees will be billed automatically to the Payment Method at the start of the annual period, as applicable, and will auto-renew until your subscription is terminated. The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize us to charge your Payment Method for the appropriate subscription charges and fees and for any other purchases you elect to make via the App. We reserve the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on this App. If you upgrade your subscription or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. In the case of acquiring a Lifetime plan, the user will pay only once and will enjoy the PRO functionalities forever. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY SUBSCRIPTION PERIOD.

Cancellation


You may cancel your PRO Subscription by visiting the subscription management options within iOS. The cancellation of a subscription will go into effect at the end of your current billing cycle, and you will have the same level of access to the App through the remainder of such billing cycle. When your PRO subscription ends, your account will enter free mode. No refunds or credits will be provided by us upon cancellation. You can renew your Subscription at anytime, provided that additional fees may apply if you decide to upgrade to a PRO subscription at a later date.

User Conduct


You are solely responsible for maintaining the confidentiality of the password associated with the accounts you use in within the app and for restricting access to your passwords and to your mobile device, tablet or computer while logged into the App. You accept responsibility for all activities that occur under your account or from your mobile device, tablet or computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the App or its contents. You agree to immediately notify us of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to us. 

You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the App are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the App. We do not control or monitor the Content posted to the App by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the App. 

You agree to not use the App to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Mobileware Studio official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the App or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the App. 

You acknowledge, consent and agree that we may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of us, its users and the public. Subject to the foregoing, we will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information. 

The App is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the App, use of the App or access to the App.

Proprietary Rights


You acknowledge and agree that the App, any necessary software used in connection with the App (if any) and any Content available on the App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or Content available on the App (other than Content that you may submit), in whole or in part. 

We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App. 

The term “Photo Transfer App”, the Photo Transfer App logo and other Mobileware Studio logos and product and service names are the exclusive trademarks of, and are owned by, Mobileware Studio, SL., and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners. 
We reserve all rights not expressly granted hereunder.

Disclaimer of Warranties and Liability


THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE APP IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. MOBILEWARE STUDIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE AND NONINFRINGEMENT. MOBILEWARE STUDIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED. 

YOU EXPRESSLY AGREE TO RELEASE MOBILEWARE STUDIO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH THE USE OF THE APP, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH THE USE OF THE APP, CAUSED BY THIRD PARTIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY MOBILEWARE STUDIO, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP, (d) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MOBILEWARE STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, (f) ANY DAMAGE CAUSED BY THIRD PARTIES OUTSIDE THE COMPANY.

Indemnity


You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App, your use of the App, your connection to the App, your violation of the Terms, or your violation of any rights of another person or entity.

Termination


You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the App (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the App. Termination of your account may include (x) removal of access to all offerings within the App, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the App. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the App.

To unsubscribe, see CANCELLATION section.

In case of contractual resolution, the User undertakes to cease the use of the Platform. In addition, access to the User Account and all its contents will be disabled and its content deleted, unless it is kept in the backups (which are used exclusively for data recovery or back-up tasks and legal defense tasks of mobileware Studio, SL interests through the platform.

Data protection


The provider is deeply committed to compliance with personal data protection regulations and guarantees full compliance with the obligations laid down, as well as the implementation of the security measures provided for in the European Data Protection Regulation and Spanish data protection regulations. For more information, see our Privacy Policy.

Intellectual property.


Users of the application acknowledge that: (i) Mobileware Studio SL is the exclusive owner of the application, its source code, copyrights, know-how and intellectual property rights related to the Mobileware Studio SL application, with the provision of the photography service through the Mobileware Studio SL platform, the use and promotion of the application; and, (ii) these terms and conditions do not imply, under any circumstances, the recognition in favor of users of any rights in the Mobileware Studio SL platform or the intellectual property rights that are inherent to them.

Mobileware Studio SL owns or licensees all intellectual and industrial property rights included in the Platform as well as the contents accessible through it, especially but not only, the texts, images, photographs, graphic design, navigation structure, information, source code, databases and any other content contained on the Platform.

The authorization to the User for the access and use of the Platform and the services offered therein does not imply any transfer of intellectual or industrial property rights in it, nor of such content, except as will be said below.

Mobileware Studio SL grants the User a limited license to access and make personal use of the Platform and the services offered therein and to download the mobile application. Such license only grants the intellectual property rights necessary for the purpose of complying with these Terms of Use (right of use and unique reproduction of the mobile application on a device plus a single backup), is non-exclusive, for everyone and its duration is limited only to the validity of the User's contractual relationship with Mobileware Studio SL under these Terms of Use (to which your respect for your part such conditions are conditions said license).

Upon notice by any Mobileware Studio SL User, person or entity, Mobileware Studio SL reserves the right to act expeditiously by removing from the platform any content that infringes the intellectual property or copyright rights of any person. For this purpose, a complaint of infringement of copyright or intellectual property rights must be referred to [email protected]. The complaint must contain sufficient information to identify the rights that are considered infringed, what is the content of Mobileware Studio SL, which violates these rights, the identity of the complainant, the ownership of the complainant over the alleged rights and any other data or circumstance that may be required by Mobileware Studio, SL. Complaints about inappropriate content or information will also be reported to the User in question.

The User who proceeds to share User Content through the Platform, warrants (a) that he/she freely licenses Mobileware Studio SL and the users of the Platform the only intellectual property rights necessary for the purpose of the Platform and also for advertising, promotional, disclosures and/or identification of the Platform (rights of public communication, reproduction on the Platform and transformation for the sole purposes of adapting/editing the content to the platform) on a non-exclusive basis, for everyone and for the maximum legal duration of the rights granted (b) that holds the necessary rights to do so and (c) that will exempt Mobileware Studio SL from any responsibility for the content and legality of the published information and will indemnify you in case of breach of this warranty.

Update and modify the Terms.


Mobileware Studio SL reserves the right to modify these Terms at any time in accordance with this provision. Changes to these Terms will be posted on the Platform with the "Last Updated" date updated at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the notification email. If you do not terminate your Agreement prior to the date the revised Terms take effect, your continued access to or use of the Platform will constitute acceptance of the revised Terms.

Language


These conditions are written in English which is the language governing the contractual relationship between Mobileware Studio SL and Users. If Users do not know or do not understand the English language, they assume responsibility for seeking a translation of them in the language that is of their knowledge and understanding.

APPLICABLE LAWS


These Terms and Conditions shall be governed by Spanish law, which applies in matters not provided in these Conditions in matters of interpretation, validity and execution. Likewise the parties submit to the jurisdiction of the Courts of the city of Barcelona. 

The European Commission recently made available to European Union consumers the Online Dispute Resolution platform in order to amicably settle disputes arising in the e-commerce space (Article 14, Section 1, Regulation (EU) 524/2013), for which Users of the Platform have the right to file claims at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES.

Mobileware Studio SL
NIF: B02821767
C/ Comte Borrell, 306, 3, 1
Barcelona, Spain
[email protected]

Mobileware Studio strives to respond to support requests within 48 hours after the request is placed.
If you have any questions regarding these Terms, please contact us by email at [email protected].