Terms of Service for AITaggerPro

Effective Date: August 2025

Last Updated: September 21, 2025

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING AITAGGERPRO. By downloading, installing, or using the AITaggerPro mobile application (the “App”), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By accessing or using AITaggerPro, you agree to these Terms and all applicable laws and regulations. These Terms constitute a legal agreement between you and Rohane Hamilton (“we,” “us,” or “our”), and not with Apple Inc. (for iOS users, see Section 14). You must be at least 13 years old to use the App (or older if required in your jurisdiction). If you are between 13 and 18, you may use the App only with parental or guardian permission. By accepting these Terms, you represent that you have the legal capacity to do so.

2. License Grant and Scope

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download, install, and use AITaggerPro on devices that you own or control, strictly in accordance with these Terms. This license allows use of the App only as permitted by the Apple App Store Usage Rules and other applicable store terms. You acknowledge that the App is licensed, not sold, to you. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the App, in whole or in part. If you sell or transfer your device to a third party, you must remove the App from the device before doing so. Furthermore, you agree not to copy (except as permitted by this license and Apple's Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part of it (except as and only to the extent that such restrictions are prohibited by law). All rights not expressly granted to you in these Terms are reserved by us and our licensors.

3. Description of Service

AITaggerPro is a mobile application that provides AI-powered metadata generation for photos, designed to help with stock photography and image organization. Key features of the App include:

  • Photo Import: Import photos from your device's library into the App.
  • AI Metadata Generation: Generate AI-powered titles, descriptions, and keywords for your photos.
  • Custom Templates: Create and manage custom metadata templates for consistent tagging.
  • Export Options: Export generated metadata in various formats (including CSV) for use outside the App.
  • Local Management: Manage and store your photo metadata locally on your device.
  • Push Notifications: Receive service notifications about credit renewals, low credit warnings, and batch processing completion (when enabled).

The service is intended to improve your workflow by automating metadata creation. We continually improve the App, and features may be added, modified, or removed at our discretion (see Section 11).

4. Account Registration

Certain features of the App require an account. AITaggerPro uses secure Firebase Authentication (including “Sign in with Apple”) for account creation and login. By creating an account, you agree to:

  • Provide Accurate Information: You must provide a valid email address (collected via Sign in with Apple or other methods) and any other information we request truthfully and accurately.
  • Maintain Account Security: Keep your login credentials confidential. You are responsible for all activity that occurs under your account. Do not share your account with others.
  • Account Use: You are responsible for any actions taken using your account. If you suspect unauthorized use of your account, you must notify us immediately at our contact email.
  • One Account: You may not create multiple accounts to circumvent usage limits or for any abusive purpose. We reserve the right to suspend or terminate accounts that violate this or any other provision of these Terms.
  • Push Notifications: By enabling push notifications, you consent to receive service-related notifications about your account activity, including credit renewals, low credit warnings (when credits drop below 20%), and completion alerts for large batch operations (20+ images). You can manage notification preferences in your device's iOS Settings or within the App's settings at any time.

By creating an account, you also agree to our Privacy Policy (incorporated by reference in Section 7), which explains how we handle your personal data.

5. Subscription and Payments

AITaggerPro is free to download, but certain advanced features (like high-volume AI generations) require a subscription or purchase of credits. All subscriptions and purchases are handled through Apple's in-app purchase system. Pricing is in U.S. dollars (USD) unless otherwise noted, and may be adjusted for your region by Apple. All purchases are final and non-refundable, except as required by applicable law or stated otherwise below.

a) Free Tier

- New users receive 100 free AI generations per month to try the service. - Unused free generations do not roll over to the next month. Each month's free quota resets on the first day of that calendar month. - The free tier provides basic functionality but may have limits (such as fewer features or lower priority processing) compared to the Pro subscription.

b) AITaggerPro Subscription

- Monthly Subscription: For $9.99 per month, you receive 8,000 AI generations each billing period. These monthly generation credits reset every month and do not roll over to the next month. - Auto-Renewal: The subscription automatically renews each month unless you cancel at least 24 hours before the end of the current billing period. Your Apple App Store account will be charged for renewal (at the $9.99/month rate, or the then-current price) within 24 hours prior to the end of the current period. - Cancellation: You can manage or cancel the subscription at any time via your Apple ID account settings. If you cancel, the subscription will stop at the end of the current billing cycle. (Deleting your AITaggerPro account or the App will not automatically cancel an active subscription—you must cancel through Apple.) - We reserve the right to adjust subscription pricing or offerings, but any changes will be communicated to you with reasonable notice. If prices increase, Apple may require your confirmation to continue the subscription at the new price; if you do not agree, your subscription will not renew at the next period.

c) Extra Credits

- One-Time Purchase: If you need more AI generations in a given month, you can purchase additional Extra Credit packs. For example, you can purchase 600 extra generation credits for $3.99 (one-time purchase). - Usage of Credits: Extra credits do not expire. If you have an active subscription, the App will consume your monthly subscription generations first; once those are exhausted in a month, it will then use your purchased extra credits. - Extra credits are tied to your account and cannot be transferred. They remain available for use across multiple months until depleted.

d) Payment Terms

- Billing: All payments for subscriptions and extra credits are processed through Apple's App Store billing. We do not collect or store your payment card details. Your purchases will be charged to the payment method associated with your Apple ID. - Taxes: Prices may not include any applicable taxes. If any taxes are required by law, they may be added to the charges. Apple handles any tax collection as per App Store policies. - Refunds: As a general policy, purchases are non-refundable. However, Apple's App Store may allow refunds or cancellations in certain circumstances as required by law or under Apple's refund policies. If you believe you are entitled to a refund, you will need to request it through Apple (for example, via the App Store or Apple support). We do not have the ability to issue refunds directly for purchases made through Apple. - Changes to Offerings: We may introduce new subscriptions, modify the features of existing tiers, or discontinue offerings. Any material changes to subscriptions or credits will be communicated in the App or through the App Store. If we discontinue the subscription service entirely, you will not be charged for further renewals and any prorated unused portion of a prepaid period may be refunded as required by law.

6. User Content and Conduct

AITaggerPro involves user-provided content (your photos and metadata) and interactions with our AI services. We are committed to respecting your rights and ensuring the service is used appropriately.

a) Your Content

- Ownership: You retain all rights and ownership to the photos and any other content that you import into AITaggerPro. We do not claim any ownership over your original images or the metadata you generate using the App. - License to Process: By using the App's AI generation features, you grant us (and our third-party AI processing service providers) a limited, temporary license to process your content for the purpose of generating metadata. This means we may temporarily handle your photos (in a compressed format) and any text data you input, solely to feed them into the AI model and return the results to you. - Local and Secure Processing: Your photos are processed locally on your device whenever possible. When the App sends data for AI processing, it sends only a compressed version of the image (maximum 640 pixels on the longest side) to our secure cloud function (via OpenRouter to Google's AI model). This transmission is encrypted. We do not store your original full-resolution photos on our servers. The compressed images sent for AI processing are not kept after the metadata is generated. - Metadata and Templates: The titles, descriptions, keywords, and templates you create or that are generated by the AI are your content. You can edit, use, export, or delete this metadata freely. We do not claim ownership of the AI-generated metadata, and we provide it to you for your use. However, it is your responsibility to review and ensure that any AI-generated content is accurate and appropriate for your needs before you use it (for example, when submitting to a stock photo site).

b) Prohibited Uses

You agree not to use AITaggerPro (or any content generated from it) in ways that:

  • Illegal Purposes: Violate any applicable law or regulation, or promote any illegal activities. You must not use the App in connection with content that is unlawful, fraudulent, or malicious (for example, generating metadata for illicit images or to facilitate crime).
  • Intellectual Property Infringement: Infringe on the copyrights, trademarks, or other intellectual property or proprietary rights of others. Do not upload photos or request metadata for images that you do not have the right to use, and do not use the AI to generate text that would violate someone else's rights.
  • Inappropriate Content: Involve content that is offensive, obscene, pornographic (including any content involving minors, which will be reported to authorities), defamatory, threatening, or otherwise harmful. You also agree not to harass, bully, or impersonate others while using the App.
  • Circumventing Limits: Attempt to bypass or circumvent any usage restrictions or security measures in the App. This includes not attempting to exceed your monthly generation limits by creating multiple accounts or using automated scripts, bots, or other unauthorized methods to use the App.
  • Reverse Engineering/Hacking: Attempt to reverse engineer, decompile, or otherwise hack or interfere with the operation of the App, our servers, or the AI services. You may not probe or test the vulnerability of our system or network or breach any security or authentication measures.
  • Misleading Use: Use the App to generate metadata that is intentionally false or misleading in a manner that could deceive others. While creative uses are permitted, you should not use AI-generated metadata to defraud or misrepresent the nature of an image.
  • Sharing Accounts: Share your account credentials with others or allow multiple people to use the App under a single account. Each user should create their own account.
  • Automated Use: Use any automated system, scraper, or offline reader to access the App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period. The only exception is the use of public APIs we might provide and authorize.

Violating any of the above Prohibited Uses may result in immediate termination or suspension of your account (see Section 11) and could also result in legal action if the violation is unlawful.

7. Intellectual Property

The App, its content, and the technology behind it are protected by intellectual property laws. This section explains what we own, and how we handle the content created or used in the App.

a) App Ownership

- The App (including its software code, design, algorithms, user interface, and all original content or materials provided through the App) is owned by Rohane Hamilton and protected by copyright, trademark, and other intellectual property laws. All logos, brand names, and trademarks related to AITaggerPro are our property (or licensed to us). - You are granted a license to use the App under these Terms (see Section 2), but you are not granted any ownership rights in the App or its components. You may not use our name, logos, or trademarks without our prior written consent, except as necessary for legitimate referential use (such as truthfully describing that you use our App).

b) AI-Generated Content

- Your Use: The metadata (titles, descriptions, keywords, etc.) generated by the AI through the App is provided for your use. You are free to copy, modify, publish, or distribute the AI-generated metadata for your own purposes (for example, adding it to your photo's metadata and uploading to a stock photo marketplace). We do not claim ownership of the AI-generated text content. It is generated based on your input and for your benefit. - No Warranty of Originality: We do not guarantee that the AI-generated content will be unique or free from overlap with publicly available phrases. It is possible that similar or identical metadata may be generated for different users or images. You are responsible for reviewing the AI output. - Your Responsibility: You remain responsible for the end use of any AI-generated metadata. For instance, if you generate a description for a photo, you should ensure that description is accurate and does not violate any rules of platforms where you use it. If the AI suggests a keyword that is trademarked or otherwise sensitive, you should use discretion in using it. We are not liable for any issues arising from your use of AI-generated content.

c) Third-Party Services

- Integrated Services: AITaggerPro integrates with third-party services to function. Notably, the App uses Google's Gemini AI model accessed via OpenRouter, and it uses Google Firebase for authentication, database, and cloud functions. These third-party services each have their own terms of service and privacy policies, which govern their provision of services. By using AITaggerPro, you also agree to comply with the relevant terms of these third parties to the extent they apply. For example, using the App in a manner that violates Google's or OpenRouter's acceptable use policies is also a violation of our Terms. - No Third-Party Liability: While the App connects to these services, we (not the third-party providers) are responsible for the overall App and user experience. However, we are not responsible for the services provided by third parties. Any issues arising from the performance or availability of Firebase, OpenRouter, or the AI model are outside our direct control. We do not guarantee uninterrupted or error-free access to these services. - Acknowledgement: You acknowledge that when using the App, your internet or wireless carrier's normal rates and fees (e.g., data charges) may apply. You must also ensure that your use of the App does not violate any agreements you have with third parties, such as your wireless provider. (For example, if you are on a limited data plan, using the App extensively might lead to charges—those are your responsibility.)

8. Privacy and Data Protection

Your use of AITaggerPro is subject to our Privacy Policy (provided separately and incorporated herein by reference). By using the App, you consent to the data practices described in the Privacy Policy. We summarize key points here for convenience, but if there is any conflict or need for more detail, please refer to the full Privacy Policy.

  • Account Data: We collect and use a minimal amount of personal information needed to provide the service. This includes your email address (for account login and identification) and a unique user ID from Firebase. We do not collect sensitive personal data like your physical address or phone number through the App.
  • Photo and Metadata Processing: As noted in Section 6(a), your photos are processed locally and only compressed images are sent securely for AI processing. We remove location (GPS) data from your photos' metadata before any processing, to protect your privacy. We do not store your photos on our servers after processing; they remain on your device. Metadata templates and generation history may be stored in your account so that you can access them across sessions or devices (if you log in on a new device, for example).
  • No Advertising or Tracking: AITaggerPro does not include third-party advertising, and we do not use analytics SDKs or trackers that collect data like your precise location or device identifier for marketing purposes. We also do not profile users or sell any user data.
  • Usage Data: We track certain usage metrics internally, such as the number of AI generations you've used in a month, to enforce the free tier limits and subscription benefits. This is primarily an account usage count. We may also log events like when you last used the app or if an error occurred, to help improve the service and provide support. These logs generally do not include personal content and are mostly technical.
  • Push Notifications: When enabled, we use Firebase Cloud Messaging to deliver push notifications to your device. We send only service-related notifications (credit renewals, low credit warnings, batch completion alerts) and do not send marketing or promotional messages. You maintain full control over notification settings through your iOS device settings or the App's settings menu.
  • Data Security: We use industry-standard security measures to protect your data. All communication with our servers (for authentication, AI processing, or syncing templates) is encrypted via HTTPS. Firebase and OpenRouter are reputable providers that implement strong security protocols. However, no system is 100% secure; by using the App, you understand that there is some inherent risk in transmitting data over the internet.
  • Account Deletion: You have the right to delete your account at any time (see Section 11(a) on how to delete through the App). If you delete your account, we will remove or anonymize all personal data associated with it, including your email, templates, and usage history, except where retention is required by law or for legitimate business purposes (e.g., record of a purchase transaction).

For complete information on how we collect, use, share, and protect your data, please review the full AITaggerPro Privacy Policy. If you have questions about our data practices, you can contact us at the email provided in Section 18.

9. Disclaimers of Warranties

a) “As-Is” Service:

AITaggerPro is provided to you “as is” and “as available,” without any warranties of any kind. We make no guarantees that the App will meet your requirements or achieve any intended results, or that it will be available on an uninterrupted, secure, or error-free basis. You use the App at your own risk.

b) No Express or Implied Warranties:

To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, regarding the App and its services. This includes no warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or quiet enjoyment. We do not warrant that any content (including AI-generated metadata) is complete, reliable, or correct. You are solely responsible for how you use or rely on the information provided by the App.

c) AI Output:

You acknowledge that AI-generated suggestions (titles, descriptions, keywords) may not always be accurate or suitable. The AI might produce content that is irrelevant or erroneous for your photo, or occasionally it could generate text that might be considered offensive or insensitive. We do not warrant or guarantee the quality or appropriateness of the AI's output. You are responsible for reviewing and editing all AI-generated metadata to ensure it is appropriate for your use case.

d) Service Availability:

We strive to keep the App up and running smoothly, but downtimes can occur. We do not guarantee that the App (or any specific feature) will be available at all times or that any defects or errors will be corrected immediately. Scheduled maintenance, upgrades, or unforeseen outages may interrupt service. We will try to give advance notice (e.g., in-app notification) of major downtime when feasible.

e) No Liability for Data Loss:

While we endeavor to protect your data, we are not responsible for any loss of data or content that might occur. We encourage you to keep backups of important metadata exports or template configurations outside the App if needed.

f) Exceptions:

Some jurisdictions do not allow the exclusion of certain warranties or limitations on statutory rights of consumers. In such jurisdictions, some of the above disclaimers may not apply to you. In that case, to the extent any warranty exists under law that cannot be disclaimed, we (and not Apple, for iOS users) are solely responsible for such warranty.

g) Apple Warranty Disclaimer (for iOS users):

As required by Apple's App Store policies, we acknowledge that in the event the App fails to conform to any applicable warranty not effectively disclaimed, you may notify Apple and Apple will refund any applicable purchase price for the App to you (if you paid one – note: the App is free to download; this applies mainly to in-app purchases). To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Rohane Hamilton (the developer of AITaggerPro) be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the App. This includes, without limitation: loss of profits, loss of data, business interruption, personal injury, or property damage, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any direct damages arising from or related to these Terms or the App will not exceed the amount you have paid to us for the App or its services in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid anything (for example, if you only used the free tier), our liability is limited to the maximum extent permitted by law.

These limitations apply regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if a remedy fails of its essential purpose.

Consumer Rights: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you in its entirety. In those jurisdictions, our liability is limited to the greatest extent allowed by law. Nothing in these Terms shall limit any non-waivable consumer rights under local law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Rohane Hamilton (the developer of AITaggerPro), and our affiliates, officers, agents, partners, and employees, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs) that arise out of or relate to:

  • Your Use of the App: Any use of the App by you or through your account, including any actions taken in the App or results obtained from the App. This covers, for example, claims arising from the content you generate or publish using the App (such as metadata that is claimed to infringe someone's rights or is alleged to be defamatory).
  • Violation of These Terms: Your breach of any provision of these Terms. For instance, if you use the App in a prohibited way (Section 6(b)) or violate intellectual property rights (Section 7), and that causes us or others harm, you are agreeing to cover the cost of that harm.
  • Violation of Laws or Rights: Your violation of any law or regulation, or the rights of any third party, in connection with your use of the App. If your conduct (or content) in using the App harms someone else or breaks the law (for example, using the App to create misleading metadata that results in a legal claim), you will bear the responsibility.

We reserve the right to handle our legal defense as we see fit, including choosing our counsel, in any matter subject to indemnification by you. In such case, you agree to cooperate with us in our defense strategy and you may not settle any claim affecting us without our prior written consent.

12. Termination

These Terms are effective until terminated by either you or us. The following outlines how termination works:

a) Termination by You:

- You may stop using the App at any time. If you wish to terminate your agreement with us, you can simply cease using the service and delete the App from your devices. - If you have an account and wish to delete it entirely, you can do so within the App's Settings by selecting “Delete Account.” This process will permanently remove your account data from our systems (see Privacy Policy for details on data deletion). We recommend exporting any data you want to keep (e.g., metadata templates or history) before deleting your account, as deletion is irreversible. - If you are a subscriber and wish to cancel your subscription, you must cancel through your Apple ID account settings. (Simply deleting your account or the App will not automatically cancel an active Apple subscription.) Once canceled, you can continue to use subscription features until the end of the current billing period; after that, you will revert to the free tier unless you reactivate the subscription.

b) Termination by Us:

We may suspend or terminate your account and access to the App (or certain features of the App) immediately, without prior notice or liability, if we determine that:

  • You have violated these Terms: This includes any breach of the rules in Sections 4, 5, 6, or any other material part of these Terms. For example, misuse of the service, non-payment for the subscription, or infringement of intellectual property can all result in termination.
  • Required by Law: We are required to do so by law or a binding order of a court or government authority (for instance, if the service becomes illegal in your region, or we receive a lawful order to terminate an account).
  • Discontinuation of Service: We decide to discontinue the App or any part of it. While we currently intend to continue offering AITaggerPro, unforeseen circumstances (such as business decisions or lack of resources) might lead us to shut down the service. If we discontinue the service entirely, we will provide notice when feasible. In such an event, we may also cancel subscriptions and provide prorated refunds as appropriate.

If your account is terminated or suspended by us, we will endeavor (but are not obligated) to notify you of the reason, unless legal restrictions prevent us from doing so or if giving notice could result in harm to us or others.

c) Effects of Termination:

- Access Ceases: Upon termination of your account or these Terms for any reason, you no longer have a right to access or use the App. Your license to use the App (Section 2) also ends immediately. You must delete or uninstall any copies of the App in your possession. - Data Deletion: We may delete or anonymize all data associated with your account after termination. This typically includes your saved templates, generation history, and any account credentials. We have no obligation to retain your information after termination unless required by law. (Refer to our Privacy Policy for information on data retention and deletion.) - Surviving Terms: Certain sections of these Terms will survive termination and remain in effect even after the agreement is terminated. Surviving sections include (but are not limited to) Intellectual Property (Section 7), Disclaimers (Section 9), Limitation of Liability (Section 10), Indemnification (Section 11), Governing Law & Disputes (Section 13), and any other provision that by its nature should survive termination. - No Liability for Termination: To the maximum extent permitted by law, we will not be liable to you for compensation, reimbursement, or damages due to loss of access to the App as a result of termination, whether termination was voluntary or involuntary.

13. Modifications to Terms

We reserve the right to modify or update these Terms at any time. If we make material changes, we will take reasonable steps to inform you, such as:

  • Updating the “Last Updated” date at the top of this document (and the Effective Date if applicable).
  • Posting a notice within the App (for example, via a pop-up or banner) or on our official website (if one exists for the App).
  • In some cases, we may also send an email to the address associated with your account or require that you review and accept the new Terms before continuing to use the App.

Your Responsibility to Review: It is your responsibility to review these Terms periodically. By continuing to use the App after any changes to the Terms take effect, you indicate your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the App and, if applicable, cancel any subscriptions and delete your account.

Interim Changes: Not all changes will be material. Minor updates (such as clarifications or typographical corrections) may not be specifically communicated, so please check the Terms periodically for the latest information.

14. Governing Law and Dispute Resolution

This section outlines what laws govern these Terms and how disputes will be handled.

a) Governing Law:

These Terms and any dispute arising out of or related to them or the App shall be governed in all respects by the laws of the United States and the laws of the State of Connecticut, without regard to its conflict of law provisions. If you reside outside the United States, you understand and agree that U.S. and Connecticut law will apply to the extent permissible, and that any local consumer protection laws you have (to the extent they are mandatorily applicable) are not overridden. Nothing in these Terms affects your rights as a consumer to rely on the mandatory laws of your home country.

b) Dispute Resolution – Arbitration:

You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the App that cannot be resolved through informal negotiation shall be resolved by binding arbitration. By agreeing to arbitration, we each are giving up the right to litigate in court (including the right to a trial by jury) all disputes, except for matters that may be taken to small claims court. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Arbitration Rules, if applicable).

  • Location: The arbitration shall take place in Hartford County, Connecticut, USA, or at another mutually agreed location. We both agree to personal jurisdiction in Connecticut for the purposes of enforcing arbitration. If traveling to Connecticut is a hardship, the arbitration may be conducted via teleconference or online as appropriate, or as otherwise required by the AAA rules.
  • Procedure: The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
  • Fees: Each party will be responsible for their own filing and arbitration fees as set by the AAA's rules, except that we will pay any additional arbitration fees or costs that are required by law or that would not have been incurred if the dispute was resolved in court (for example, any extra fees charged for an in-person hearing).
  • Exception – Intellectual Property and Equitable Relief: Notwithstanding the above, we both retain the right to seek injunctive or other equitable relief in a court of law for any claim related to intellectual property (e.g., trademarks, trade secrets, copyrights or patents) or unauthorized access to or misuse of the App, because in such cases money damages may not adequately compensate for the injury. In addition, any claims that are not subject to arbitration by law (such as certain claims under specific statutes that expressly prohibit arbitration of such claims) are not covered by this arbitration agreement.

c) Class Action Waiver:

We each agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. Class arbitrations, class actions, and consolidation of arbitrations with other individuals are not allowed. An arbitrator can award relief only on an individual basis (to you or us individually) and cannot award relief that affects others. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in Section 14(b) may be null and void, in which case the dispute must be brought exclusively in court.

d) Opt-Out:

(If applicable) If you are a new user, you may opt out of the arbitration and class-action waiver provisions by sending a written notice to our contact address (Section 18) within 30 days of first accepting these Terms, stating your name, account email, and an unequivocal statement that you wish to opt out of arbitration and class action waiver. This is the only way to opt out; failure to do so within the 30-day period means you are forever waiving the right to opt out of these provisions. (Note: If you opt out, it will not affect any other provisions of these Terms.)

e) Venue:

If the arbitration agreement is found not to apply to you or to a particular claim or dispute (except for those claims noted as exempt above), in such circumstances you agree that any litigation arising out of or related to these Terms or the App shall be brought exclusively in the state or federal courts of competent jurisdiction located in Hartford County, Connecticut, USA. You and we both consent to venue and personal jurisdiction in Hartford County, Connecticut for litigation purposes.

15. Apple-Specific Terms (iOS Apps)

The following provisions apply to you if you are using AITaggerPro on an Apple iOS device (e.g., iPhone or iPad). These terms are required by Apple Inc. and are agreed between you and us (Rohane Hamilton):

  • Acknowledgment: You acknowledge that these Terms are solely between you and Rohane Hamilton, and not with Apple. We, not Apple, are fully responsible for the content, maintenance, support services, and warranty for AITaggerPro (except as otherwise provided in these Terms). Apple is not responsible for the App in any manner.
  • Scope of License: The license granted to you in Section 2 is limited to a license to use the App on any Apple-branded products that you own or control, and as permitted by the App Store Terms of Service. In addition, you agree to comply with Apple's App Store Terms (including the Usage Rules) when using the App.
  • Maintenance and Support: Apple has no obligation to provide any maintenance or support services for the App. Any maintenance or support is provided by us at our discretion. You acknowledge that we, as the App Developer, are responsible for addressing any of your support needs or issues with the App. You can reach us using the contact information in Section 18 for support inquiries.
  • Warranty: In Section 9, we have disclaimed all warranties to the extent permitted by law. In the event of any failure of the App to conform to an applicable warranty that has not been effectively disclaimed, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. Except for that, to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App, and any other claims, losses, or liabilities attributable to a failure of the App to conform to any warranty will be our responsibility (not Apple's).
  • Product Claims: You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App. This includes, but is not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) claims related to the content or operation of the App. Any such claims are governed by these Terms and will be the responsibility of Rohane Hamilton to address (to the extent required by these Terms or by law).
  • Intellectual Property Rights: In the event of any third-party claim that AITaggerPro, or your possession and use of AITaggerPro, infringes that third party's intellectual property rights, you acknowledge that Rohane Hamilton (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. We take intellectual property rights seriously and will address such claims in accordance with Section 7 and applicable law.
  • Compliance with Third-Party Terms: You must comply with applicable third-party terms of agreement when using the App. For example, if your use of AITaggerPro is dependent on your use of a Wi-Fi network or cloud service, you must not violate the terms of service of that wireless network provider or service. Similarly, any third-party software, libraries, or services included in the App (like Firebase or OpenRouter) may have their own terms; by using the App you agree to abide by those terms as well when applicable.
  • U.S. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (This is a requirement for Apple to allow you access to the App.) You also agree that you will not use the App for any purposes prohibited by United States law, including, but not limited to, developing, designing, manufacturing, or producing nuclear, missile, or chemical or biological weapons.
  • Third-Party Beneficiary: You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. This means that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. If you violate any of the Apple-specific terms, Apple shall have the right to step in and enforce the Terms as if it were a party to this agreement.

16. General Provisions

a) Entire Agreement:

These Terms (together with the Privacy Policy and any additional guidelines or rules that we post in the App) constitute the entire agreement between you and us regarding the App. They supersede all prior or contemporaneous understandings and agreements, whether oral or written, regarding its subject matter. Any additional or different terms you may propose (for example, in correspondence) are hereby rejected and will not bind us unless expressly agreed in writing by an authorized representative of ours.

b) Severability:

If any provision of these Terms is held to be illegal, invalid, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision shall be deemed severed from these Terms. All other provisions of the Terms will remain in full force and effect. In such case, we will replace the severed provision with a new provision that comes closest to the original intent and economic effect of the original provision, in a lawful manner.

c) No Waiver:

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. Similarly, if you fail to enforce any right under these Terms, it does not mean you have waived that right.

d) Assignment:

You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) to anyone else without our prior written consent. Any attempted assignment in violation of this section is void. We, however, may assign or transfer these Terms or our rights and obligations without your consent to an affiliate, a successor in interest (for example, if the app is sold or merged into another company), or any other party at our discretion. We will endeavor to notify you of any such assignment if it materially affects the service.

e) Force Majeure:

We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by events beyond our reasonable control. This includes, for example, acts of God, natural disasters, war, terrorism, civil disturbances, labor strikes, internet or electrical outages, pandemics, governmental action, or the failure of third-party service providers (such as cloud platform outages). During such events, our obligations will be suspended to the extent and for the duration that they are impacted, and we will make reasonable efforts to resume service as soon as practicable.

f) Relationship of Parties:

These Terms do not create any joint venture, partnership, employment, or agency relationship between you and us. Neither party has the authority to bind the other or act on the other's behalf.

g) Headings and Interpretation:

The section titles and headings in these Terms are for convenience only and have no legal or contractual effect. Words like “including” shall be interpreted to mean “including without limitation.”

17. Accessibility

We are committed to making AITaggerPro accessible to users with disabilities. We strive to comply with relevant accessibility standards (such as the Web Content Accessibility Guidelines (WCAG) for any in-app web content, and iOS accessibility guidelines for app UI). If you have difficulty using any feature of the App due to a disability, or if you have suggestions on how we can improve accessibility, please contact us (see Section 18). We will do our best to address your concerns and improve the App. Your feedback on accessibility is welcome and appreciated.

18. Export Compliance

You agree to use AITaggerPro in accordance with all applicable laws, including U.S. export control and economic sanctions laws. Without limitation: you represent and warrant that you are not located in a country that is subject to a United States government embargo, that you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties (such as the Specially Designated Nationals list). You also agree that you will not export, re-export, or transfer any part of the App to countries, persons, or entities prohibited by U.S. export laws. This obligation will survive any termination of these Terms or your right to use the App.

19. Contact Information

If you have any questions, concerns, or comments about these Terms or the App, you can reach out to us:

Developer: Rohane Hamilton
Address: Hartford County, Connecticut, USA
Email: aitaggerpro@gmail.com
App Name: AITaggerPro (iOS)

We aim to respond to user inquiries in a timely manner. Please be sure to include sufficient information in your message so we can assist you (for example, the issue you're experiencing or the section of the Terms you have a question about).

20. Acknowledgment

By using AITaggerPro, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. You also represent that you have the authority to accept these Terms (for example, if you are using the App on behalf of a company, you have the legal authority to bind that company to these Terms). If you do not agree with these Terms, you must not use the App.

Thank you for using AITaggerPro! We appreciate your trust and will do our best to provide a valuable and reliable service. If you have any feedback or suggestions regarding these Terms or the App itself, feel free to contact us. Your input helps us improve.