Terms and Conditions

Last updated: January 27, 2026

1. Introduction and Acceptance

Welcome to Fovea! These Terms and Conditions (“Terms”) govern your access to and use of the Fovea photo culling application for macOS (“App”) and our website at https://get-fovea.app (“Website”), collectively referred to as the “Service.”

The Service is provided by Nathan Darma, operating as Fovea (“Company,” “we,” “our,” or “us”), located in Australia.

By downloading, installing, or using Fovea, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

---

2. Definitions

• “App” means the Fovea macOS application.
• “Content” means any photos, images, or other files you process using the App.
• “Device” means your Mac computer on which you install the App.
• “License” means the limited right to use the Service as described herein.
• “Service” means the App, Website, and all related services provided by Fovea.
• “Subscription” means a paid plan providing access to premium features.
• “You” or “User” means the individual or entity using the Service.

---

3. Eligibility

You must be at least 18 years old to use the Service. By using Fovea, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• Your use of the Service does not violate any applicable law or regulation

---

4. License Grant

4.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Use the App for its intended purpose of photo culling and organisation

4.2 License Restrictions

You may NOT:

• Copy, modify, or distribute the App or any part thereof
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, lend, sell, or sublicense the App
• Remove or alter any proprietary notices or labels
• Use the App for any unlawful purpose
• Attempt to circumvent any licensing or security mechanisms
• Use the App in a manner that could damage, disable, or impair the Service

4.3 Intellectual Property

All rights, title, and interest in and to the Service, including all intellectual property rights, remain with us. Fovea, our logo, and other marks are our trademarks. You may not use our trademarks without our prior written consent.

---

5. Purchases and Subscriptions

5.1 App Store Purchases

Fovea is distributed through the Apple App Store. All purchases are processed by Apple in accordance with Apple’s terms and conditions. By purchasing, you also agree to Apple’s Terms of Service.

5.2 Pricing

• Prices are displayed in your local currency via the App Store
• All prices include applicable taxes
• We reserve the right to modify pricing with reasonable notice

5.3 Subscription Terms (if applicable)

• Subscriptions automatically renew unless cancelled
• Cancel at least 24 hours before the renewal date
• Manage subscriptions through your Apple ID settings

5.4 Refunds

Refund requests are handled by Apple in accordance with their refund policies. We do not directly process refunds. Visit Apple Support for refund requests.

5.5 Free Trials

• If offered, free trials provide temporary access to premium features
• Unless cancelled, trials automatically convert to paid subscriptions
• Each user is eligible for one free trial only

---

6. Your Content and Data

6.1 Ownership

You retain full ownership of all photos and Content you process using Fovea. We claim no ownership or rights to your Content.

6.2 Local Processing

All photo processing occurs locally on your device. We do not upload, store, access, or transmit your photos. Your Content never leaves your Mac.

6.3 Your Responsibility

You are solely responsible for:

• Backing up your photos and Content
• Ensuring you have the rights to process any Content
• Any decisions made based on the App’s suggestions or AI recommendations

6.4 No Liability for Content Loss

While we design Fovea to work safely with your photos, we are not responsible for any loss, corruption, or damage to your Content. Always maintain separate backups.

---

7. AI and Automated Features

7.1 AI-Powered Suggestions

Fovea includes AI-powered features that provide suggestions for photo selection and culling. These features:

• Process images locally on your device
• Provide suggestions only; final decisions are yours
• May not be 100% accurate

7.2 No Guarantee of Accuracy

AI-generated suggestions are provided “as is.” We do not guarantee their accuracy, and you should review all suggestions before acting on them.

---

8. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal activity
• Process Content that you do not have the right to use
• Attempt to gain unauthorised access to the Service or related systems
• Interfere with or disrupt the Service
• Use the Service to develop competing products
• Violate any applicable laws or regulations

---

9. Updates and Changes

9.1 App Updates

We may release updates to the App from time to time. These updates may:

• Add new features or functionality
• Fix bugs or security issues
• Modify or remove existing features
• Be required for continued use of the Service

9.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Updating the “Last updated” date
• Posting notice on the Website
• Notifying you through the App (for significant changes)

Continued use of the Service after changes constitutes acceptance of the updated Terms.

---

10. Disclaimers and Limitation of Liability

10.1 “As Is” Provision

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability
• Continuous or uninterrupted availability

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or AUD $100, whichever is greater
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any loss of data, profits, revenue, or business opportunities

10.3 Australian Consumer Law

If you are a consumer under the Australian Consumer Law, you may have certain rights and remedies that cannot be excluded. Nothing in these Terms excludes or limits any consumer guarantees or other rights you may have under Australian law.

---

11. Indemnification

You agree to indemnify, defend, and hold harmless Fovea and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content

---

12. Termination

12.1 By You

You may stop using the Service at any time by uninstalling the App.

12.2 By Us

We may terminate or suspend your access to the Service:

• Immediately, if you breach these Terms
• At our discretion, with or without notice
• If required by law

12.3 Effect of Termination

Upon termination:

• Your license to use the App ends immediately
• You must stop using and delete the App
• Sections that by their nature should survive (e.g., disclaimers, limitations of liability) will continue to apply

---

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

13.2 Dispute Resolution

Before initiating any legal proceedings, you agree to first:

1. Contact us at [email protected] to attempt to resolve the dispute informally
2. Allow 30 days for us to respond and attempt resolution

13.3 Jurisdiction

Any legal proceedings shall be brought exclusively in the courts of New South Wales, Australia.

---

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control.

---

15. Apple-Specific Terms

If you downloaded Fovea from the Apple App Store, the following additional terms apply:

• These Terms are between you and Fovea, not Apple
• Fovea, not Apple, is responsible for the App and its content
• Apple has no obligation to provide maintenance or support for the App
• In the event of any failure to conform to any applicable warranty, you may notify Apple for a refund; Apple has no other warranty obligation
• Apple is not responsible for addressing any claims by you or third parties relating to the App
• Apple is a third-party beneficiary of these Terms

---

16. Contact Us

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

• Email: [email protected]
• Website: https://get-fovea.app/contact

Nathan Darma
Operating as Fovea
Australia

---

Summary of Key Points