Twofold for iOS — Terms of Use

Article 1 (Definitions)

In these Terms, the following terms shall have the meanings set forth below:

• (a) "User" means any person who installs or uses the Application;
• (b) "Recordings" means the video and audio captured by the Application, including the original front-camera and back-camera recordings and the finished videos produced therefrom;
• (c) "User Content" means the Recordings together with the settings and layout choices made by the User within the Application; and
• (d) "Store" means the App Store, through which the User obtained the Application.

Article 2 (Grant of Licence)

The Developer grants to the User a personal, non-exclusive, non-transferable and revocable licence to install and use the Application on devices owned or controlled by the User. The Application is licensed, not sold, and the Developer reserves all rights in the Application that are not expressly granted to the User under these Terms.

The licence granted under this Article is further subject to the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement, and to the usage rules set forth therein.

Article 3 (User Content)

All rights in User Content belong to the User, and the User may use finished videos for any lawful purpose, including commercial purposes. The Developer claims no rights in User Content and, as set forth in the Privacy Policy, does not hold User Content.

As the Developer does not hold User Content, the Developer is unable to restore it. The original front-camera and back-camera recordings are deleted automatically on the expiry of the retention period selected by the User in the settings of the Application, and the User is responsible for saving or exporting any Recording that the User wishes to keep before such deletion.

Article 4 (Recording of Other Persons)

The User is solely responsible for the Recordings the User makes and for their subsequent use and publication. Where a Recording captures any other person, or any place, performance or work in which any other person holds rights, the User shall obtain any consent and comply with any law that applies thereto, including laws concerning privacy, portrait and publicity rights, the recording of conversations, and the recording of persons without their knowledge.

Article 5 (Prohibited Acts)

The User shall not engage in any of the following acts:

• (a) copying, redistributing, reselling or renting the Application, or presenting the Application as the User's own;
• (b) decompiling or reverse engineering the Application, except to the extent that applicable law expressly permits such acts notwithstanding a contractual provision to the contrary;
• (c) using the Application to record any person covertly or in any place where that person has a reasonable expectation of privacy, or otherwise in violation of any law or of the rights of any other person; or
• (d) obtaining, or attempting to obtain, any feature of Twofold Pro without payment therefor.

Article 6 (Twofold Pro)

Twofold Pro is a one-time in-app purchase and not a subscription. It is purchased once, remains associated with the Apple Account through which it was purchased, and entails no recurring charge. Where Family Sharing is enabled, Twofold Pro may be shared with the members of the User's family group in accordance with Apple's terms.

Recording is available free of charge, with no limit on the number or the length of Recordings. Finished videos produced without Twofold Pro carry a small "Twofold" mark. Twofold Pro removes such mark and unlocks the additional formats, resolutions, frame rates, layouts and export options described in the Application at the time of purchase. Certain of those options depend on the capabilities of the device of the User and may not be available on every device.

The price of Twofold Pro is the price displayed in the App Store for the region of the User at the time of purchase, and may be changed for future purchasers. The purchase is sold and processed by Apple; the Developer accepts no payments and does not receive the payment details of the User. The User may restore the purchase on the User's other devices from within the Application.

Refunds are handled by Apple in accordance with its own policy and not by the Developer, and any request for a refund shall be submitted to Apple through reportaproblem.apple.com. Where a purchase is refunded, the features of Twofold Pro cease to be available; finished videos already produced are not affected. The User may nonetheless contact the Developer where the purchase did not function as intended.

Article 7 (Modification and Discontinuation of the Application)

The Application is under continuous development, and the Developer may add, modify or withdraw any feature thereof; a future version may require a more recent version of the operating system. The Developer may discontinue the distribution of the Application in its entirety. A copy of the Application already installed shall remain usable for so long as the device of the User and the Store permit; provided, however, that the Developer gives no assurance that any particular feature will remain available indefinitely.

Article 8 (Disclaimer of Warranties)

The Application is provided "as is" and "as available". To the extent permitted by applicable law, the Developer makes no warranty with respect to the Application, including without limitation any warranty that the Application will operate without interruption or error or that it is fit for a particular purpose. In particular, the Developer does not warrant that any recording will be completed or preserved; a recording may be interrupted, shortened or reduced in quality by reason of the temperature of the device, its available storage, an incoming call or other interruption, or the limits of its cameras. Where the laws of the country of the User do not permit such exclusions, this Article shall apply only to the extent so permitted.

Article 9 (Limitation of Liability)

To the extent permitted by applicable law, the Developer shall not be liable for any indirect or consequential loss, loss of profit or loss of data arising from the use of the Application by the User, including the loss of any Recording, or for any claim by any third party arising from any Recording made or published by the User. The aggregate liability of the Developer for any claim in connection with the Application shall be limited to the amount paid by the User for the Application during the twelve (12) months preceding such claim.

Notwithstanding the foregoing, nothing in these Terms shall limit any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence and liability for fraud.

Article 10 (Apple)

These Terms are concluded solely between the User and the Developer, and not with Apple. Apple is not responsible for the Application or the content thereof.

• (a) Apple has no obligation to provide any maintenance or support services with respect to the Application; such support is provided by the Developer at the address set forth in these Terms.
• (b) In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the Application to the User. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Application.
• (c) Apple is not responsible for addressing any claim by the User or any third party relating to the Application, including (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation.
• (d) In the event of any third-party claim that the Application infringes the intellectual property rights of that third party, the Developer, and not Apple, shall be responsible for the investigation, defence, settlement and discharge of such claim.
• (e) The User represents that the User is 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 that the User is not listed on any U.S. Government list of prohibited or restricted parties.
• (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and shall have the right to enforce these Terms against the User.

Article 11 (Termination)

The User may terminate the agreement constituted by these Terms at any time by deleting the Application. The Developer may terminate such agreement in the event of a material breach of these Terms by the User. Those provisions which by their nature are intended to survive termination, including the Article entitled "Recording of Other Persons", the disclaimer of warranties and the limitation of liability, shall survive any such termination.

Article 12 (Governing Law and Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan, and the Tokyo District Court shall be the court of first instance for any dispute arising out of or in connection with these Terms. Notwithstanding the foregoing, where the User uses the Application as a consumer, nothing in this Article shall deprive the User of the protection afforded by the mandatory consumer protection laws of the country in which the User resides, or of any right of the User to bring proceedings in such forum as those laws may permit.

Article 13 (Amendment of these Terms)

In the event that the Developer amends these Terms, the Developer shall revise the date of last update indicated at the top of this page, and shall give notice of any material amendment within the Application or on this website before such amendment takes effect. The continued use of the Application by the User thereafter shall constitute acceptance of the amended Terms; a User who does not accept the amended Terms shall delete the Application.

Article 14 (Contact)

Inquiries concerning these Terms shall be directed to Shosin Labs at support@shosin-labs.com.