Terms of Service

Welcome to Photo Pool, a product of Treebeard Labs ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Photo Pool mobile application (the "App") and our website at photopools.com (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Description of Service

Photo Pool is an AI-powered photo and video organization service that helps you automatically curate and share memories from trips and events. The Service includes:

• Automatic AI analysis and curation of photos and videos
• Smart organization by date, location, and content
• Collaborative albums with day stories
• Optional public sharing via secure links
• Cloud storage and synchronization

2. Account Terms

2.1 Account Creation

• You must sign in using Apple Sign-In or Google Sign-In to use the Service.
• You are responsible for maintaining the security of your account credentials.
• You must provide accurate and complete information when creating your account.
• You must be at least 13 years old to use the Service. Minors may use the Service with parental consent (for example, through Apple Family Sharing or similar family account features).

2.2 Account Responsibilities

• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account.
• One person or legal entity may maintain only one free account.

3. Acceptable Use Policy

You agree not to use the Service to:

• Upload, share, or store content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or racially or ethnically objectionable.
• Upload content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Upload content containing viruses, malware, or other harmful code.
• Violate any applicable laws or regulations.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks.
• Reverse engineer, decompile, or disassemble any portion of the Service.

4. Content Ownership and Licensing

4.1 Your Content

• You retain all ownership rights to the photos, videos, and other content you upload to the Service ("Your Content").
• You represent and warrant that you own or have the necessary rights to upload and share Your Content.
• You are solely responsible for Your Content and the consequences of sharing it.

4.2 License to Us

By uploading Your Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and analyze Your Content to provide and improve the Service.
• Generate AI-powered descriptions, categorizations, and quality assessments.
• Create thumbnails and optimized versions for display and performance.
• Display Your Content to you and other event members you've invited.
• Display Your Content via public share links when you enable sharing.

This license ends when you delete Your Content or close your account, except where we need to retain it for legal compliance or legitimate business purposes.

4.3 Our Content

The Service, including its design, features, software, and documentation, is owned by Treebeard Labs and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

5. Paid Services

5.1 Free Trial

We offer a free trial that includes a limited number of albums. After the trial, you must purchase a plan to continue creating new albums.

5.2 Pricing Plans

• Per-Album: One-time purchase per album with capacity limits.
• Annual Plans: Yearly subscriptions with higher limits and unlimited albums.
• Family Plans: Shared subscriptions for multiple users via family sharing features.

Current pricing is available in the App and on our website. We reserve the right to change prices with notice to existing subscribers.

5.3 Payment Terms

• Payments are processed through third-party payment processors (such as Apple's in-app purchase system or Google Play).
• Subscriptions automatically renew unless canceled at least 24 hours before the renewal date.
• Refunds are subject to the refund policies of your payment platform or app store.
• You are responsible for all taxes associated with your purchase.

5.4 Cancellation

You may cancel your subscription at any time through your app store account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

6. Service Availability and Changes

• We strive to provide reliable access to the Service but do not guarantee uninterrupted availability.
• We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice.
• We may perform scheduled maintenance that temporarily limits access to the Service.
• We are not liable for any loss or damage resulting from Service unavailability or changes.

7. Termination

7.1 By You

You may close your account at any time by contacting us at hello@treebeardlabs.com. Upon account closure, we will delete Your Content in accordance with our Privacy Policy, except where we must retain it for legal compliance.

7.2 By Us

We may suspend or terminate your access to the Service if:

• You violate these Terms or our Acceptable Use Policy.
• Your use of the Service poses a security or legal risk.
• You fail to pay for paid services.
• We are required to do so by law.

We will provide reasonable notice before termination except in cases of serious violations or legal requirements.

8. Disclaimers and Limitations of Liability

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8.2 AI Accuracy

While our AI analysis aims to be accurate, we do not guarantee the accuracy, completeness, or reliability of AI-generated descriptions, categorizations, or quality assessments. You should review AI selections before sharing.

8.3 Data Loss

While we implement industry-standard backup procedures, you are solely responsible for maintaining copies of Your Content. We are not liable for any loss or corruption of Your Content.

8.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREEBEARD LABS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, OR USE.
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
• DAMAGES EXCEEDING THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Treebeard Labs, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your Content.
• Your violation of these Terms.
• Your violation of any rights of another person or entity.

10. Governing Law and Disputes

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court. You waive any right to participate in class actions.

11. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page.
• Notify you via email or in-app notification.
• Post the updated Terms at photopools.com/terms.

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

12. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Treebeard Labs regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer these Terms without our consent. We may assign these Terms to any affiliate or in connection with a merger or sale.
• Force Majeure: We are not liable for delays or failures due to causes beyond our reasonable control.

13. Contact Us

If you have questions about these Terms, please contact us: