Terms of Service
Effective Date: January 1, 2025 | Last Updated: January 1, 2025
Important: Please read these Terms of Service carefully before using PLOPP Photos. By accessing or using 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
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PLOPP Photos ("we," "our," or "us") governing your access to and use of the PLOPP Photos mobile application and related services (collectively, the "App").
By creating an account, downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2. Eligibility
Age Requirements
- You must be at least 13 years of age to use this App
- If you are between 13 and 18 years old, you must have parental or guardian consent
- By using the App, you represent and warrant that you meet these age requirements
Account Authority
- You must have the legal capacity to enter into binding contracts
- You must not be prohibited from using the App under applicable laws
- If using the App on behalf of an organization, you have authority to bind that organization to these Terms
3. User Accounts
Account Creation
- You must provide accurate and complete information when creating an account
- You are responsible for maintaining the confidentiality of your account credentials
- You must notify us immediately of any unauthorized access to your account
- You are responsible for all activities that occur under your account
Account Security
- Use a strong, unique password for your account
- Do not share your login credentials with others
- We are not liable for losses resulting from unauthorized use of your account
Account Termination
- You may delete your account at any time through the App settings
- We may suspend or terminate your account for violations of these Terms
- Upon termination, your right to use the App immediately ceases
- Certain provisions of these Terms survive termination
4. Acceptable Use
Permitted Uses
You may use the App to:
- Capture, upload, organize, and manage photos of HVAC equipment
- Create and manage projects related to equipment documentation
- Share projects with authorized users
- Use AI-powered features for equipment analysis and search
- Export your data for backup or business purposes
Prohibited Activities
You agree NOT to:
- Upload illegal, harmful, threatening, abusive, or offensive content
- Violate any intellectual property rights of others
- Upload content containing viruses, malware, or harmful code
- Attempt to gain unauthorized access to the App, servers, or networks
- Reverse engineer, decompile, or disassemble the App
- Use automated scripts, bots, or scraping tools
- Interfere with or disrupt the App's functionality
- Impersonate another person or entity
- Collect or harvest personal information of other users
- Use the App for any illegal or unauthorized purpose
- Upload content depicting minors in inappropriate contexts
- Share your account access with unauthorized parties
5. User Content
Your Content Ownership
- You retain all ownership rights to photos, data, and content you upload ("User Content")
- You are solely responsible for your User Content and its accuracy
- You must have all necessary rights to upload and share your User Content
License Grant to Us
By uploading User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to:
- Store, process, and transmit your User Content to provide the App services
- Display your User Content to users you choose to share with
- Process your User Content through AI services for analysis features
- Create backups and derivative works necessary for App functionality
This license terminates when you delete your User Content or close your account, except for content shared with other users.
Content Standards
Your User Content must:
- Comply with all applicable laws and regulations
- Be relevant to HVAC equipment documentation purposes
- Not infringe on third-party rights
- Not contain malicious code or harmful materials
Content Monitoring
- We do not pre-screen User Content but reserve the right to review content
- We may remove content that violates these Terms without notice
- We may suspend or terminate accounts for repeated violations
6. Intellectual Property Rights
Our Intellectual Property
- The App, including its code, design, features, and functionality, is owned by PLOPP Photos
- Our trademarks, logos, and service marks are protected intellectual property
- You receive a limited, non-exclusive, non-transferable license to use the App
- This license does not grant you any ownership rights in the App
Restrictions
- You may not copy, modify, distribute, sell, or lease any part of the App
- You may not use our trademarks without written permission
- You may not remove any copyright or proprietary notices
7. AI Features and Third-Party Services
AI-Powered Analysis
- The App uses artificial intelligence to analyze equipment photos
- AI results are provided "as is" and may not always be accurate
- You should verify AI-generated information independently
- We are not liable for decisions made based on AI results
Third-Party Services
- The App integrates with Firebase (Google), OpenAI, and Anthropic services
- These services are subject to their own terms and privacy policies
- We are not responsible for third-party service interruptions or changes
8. Payment and Subscription Terms
If applicable to your service model:
Free Services
- The App is currently provided free of charge
- We reserve the right to introduce paid features or subscriptions in the future
- Users will be notified in advance of any pricing changes
Future Paid Features
- If we introduce paid subscriptions, pricing will be clearly disclosed
- Subscriptions will auto-renew unless cancelled
- Refunds will be handled according to applicable app store policies
9. Privacy and Data Protection
- Your use of the App is also governed by our Privacy Policy
- We collect, use, and protect your data as described in the Privacy Policy
- You consent to our data practices by using the App
- We comply with GDPR, CCPA, and other applicable privacy laws
10. Disclaimers and Warranties
"As Is" Service
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of content
No Guarantees
- We do not guarantee the App will be uninterrupted, error-free, or secure
- We do not guarantee that defects will be corrected
- We do not guarantee the accuracy of AI-generated results
- You use the App at your own risk
Data Backup
- While we implement security measures, you are responsible for maintaining backups
- Use the export feature to regularly back up your data
- We are not liable for data loss, though we strive to prevent it
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- This includes damages for lost profits, lost data, business interruption, or loss of goodwill
- Our total liability shall not exceed the amount you paid us in the past 12 months (currently $0 for free users)
Exclusions
We are not liable for:
- Loss or damage to your equipment photos or data
- Decisions made based on AI analysis results
- Third-party service failures or interruptions
- Unauthorized access resulting from your failure to secure your account
- Actions of other users, including shared project collaborators
Jurisdictional Variations
Some jurisdictions do not allow certain liability exclusions. In such cases, our liability is limited to the minimum extent required by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless PLOPP Photos, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the App
- Your violation of these Terms
- Your User Content
- Your violation of any third-party rights
- Your violation of applicable laws or regulations
13. Service Modifications and Availability
Changes to the App
- We may modify, update, or discontinue features at any time without notice
- We may limit or restrict access to certain features
- We strive to provide advance notice of significant changes
Service Interruptions
- The App may be temporarily unavailable due to maintenance or technical issues
- We are not liable for service interruptions beyond our reasonable control
- We will attempt to minimize disruptions and provide notice when possible
Discontinuation
- We reserve the right to discontinue the App permanently
- We will provide reasonable notice and data export options if discontinuing
14. Dispute Resolution
Informal Resolution
- Before filing a claim, contact us at rlopp.lsb@gmail.com to resolve the issue informally
- We commit to working in good faith to resolve disputes
Governing Law
- These Terms are governed by the laws of the United States and the state in which PLOPP Photos operates
- Any legal action must be brought in courts within that jurisdiction
Arbitration
(If applicable to your preferences):
- Disputes may be resolved through binding arbitration rather than in court
- You waive the right to participate in class actions or class arbitrations
- Exceptions apply for small claims court and intellectual property disputes
15. General Provisions
Entire Agreement
- These Terms, along with our Privacy Policy, constitute the entire agreement between you and us
- They supersede all prior agreements and understandings
Severability
- If any provision is found invalid, the remaining provisions remain in effect
Waiver
- Our failure to enforce any right or provision does not constitute a waiver
Assignment
- You may not assign these Terms without our written consent
- We may assign these Terms to affiliates or successors
No Agency
- These Terms do not create a partnership, employment, or agency relationship
Export Compliance
- You agree to comply with all applicable export and import laws
16. Changes to Terms
- We may update these Terms periodically to reflect changes in our practices or legal requirements
- Significant changes will be communicated through the App or via email
- The "Last Updated" date at the top reflects the most recent revision
- Continued use of the App after changes constitutes acceptance of the new Terms
- If you disagree with updated Terms, you must stop using the App and delete your account
17. Contact Information
If you have questions, concerns, or disputes regarding these Terms of Service, please contact us:
- Email: rlopp.lsb@gmail.com
- Support Page: PLOPP Photos Support
- Response Time: We will respond to inquiries within 5-7 business days
By using PLOPP Photos, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.