Short, in plain language, and honest about the parts that matter: the app is licensed to you, the photographs are yours, and there is no service behind it holding either.
These Terms of Service ("Terms") are a binding agreement between you and the individual developer and publisher of Tember ("Tember", "we", "us"), and govern your use of the Tember app for iOS, our website at tember.app, and any related offerings (together, the "Services"). By downloading or using the Services you accept these Terms. If you do not accept them, do not use the Services.
Our Privacy Notice explains how we handle personal information and forms part of these Terms.
You must be old enough to form a binding contract where you live, or use the Services with the consent and supervision of a parent or guardian who accepts these Terms on your behalf. You must not use the Services if you are barred from doing so under applicable law.
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use one copy of the app on Apple-branded devices that you own or control, for your own personal or internal business use, as permitted by the App Store Terms of Service.
You may not resell, rent, lease, redistribute, or make the app available to others; remove or alter any proprietary notice; or ship the app, or any part of it, inside another product.
These Terms are between you and us only, not with Apple, and Apple is not responsible for the app or its content. The following apply because the app is distributed through the App Store:
Every negative you shoot, every photograph you import, and every develop you print belongs to you. We claim no ownership and no licence over your content, no right to reproduce it, and no right to use it for promotion — nor could we exercise such a right, because your content never reaches us.
You are responsible for your content and for having the rights to any photograph you import, including any permission needed from people appearing in it.
Tember stores negatives and develops on your device only. There is no cloud copy, and we cannot recover anything. If your device is lost, damaged, reset, or the app deleted, that content is gone. Keep your own backups — export to your photo library and back up your device.
You agree not to:
Every Tember look is an original, built and measured by us. Where we mention a classic film — Kodak Portra, Kodachrome, Gold, Fujifilm Velvia, Pro 400H, Provia, CineStill, Ilford Delta and others — we do so descriptively, to describe the character that inspired the look.
Those names are trademarks of their respective owners. Tember is an independent app, not affiliated with, sponsored by, or endorsed by any film manufacturer, and no Tember look is represented as a scientific reproduction of any film stock.
The app, its interface and design, the Tember name and wordmark, and the profiles behind the film looks are owned by us and protected by intellectual property laws. Nothing in these Terms transfers those rights to you, and nothing in them takes your photographs from you.
If you send us ideas, bug reports or suggestions, we may use them without restriction or obligation to you. We will not treat feedback as confidential, so please do not send us anything you consider secret.
Exporting a photograph through the iOS share sheet hands it to whichever app or service you choose. From that point it is governed by that third party's terms and privacy policy, not ours. Our website may link to third-party sites we do not control.
These Terms apply while you use the Services. You may end them at any time by deleting the app. We may suspend or end your licence if you materially breach these Terms, or if we discontinue the app. Sections that by their nature should survive termination — ownership, disclaimers, liability, disputes — will survive.
The services are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or compatible with every future version of iOS or every device.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of the above may not apply to you. Nothing in these Terms limits rights you have under consumer law that cannot be limited.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or lost photographs, however caused. Our total liability arising out of or relating to the services will not exceed the greater of the amount you paid us in the twelve months before the claim, or USD 50.
Because negatives and develops live only on your device, please keep your own backups — see section 06.
You agree to indemnify and hold us harmless from any claim, demand, loss or expense (including reasonable legal fees) arising out of your misuse of the Services, your violation of these Terms, or your infringement of any third party's rights.
Talk to us first. Most problems are settled by email. Before starting formal proceedings, please contact support@tember.app and give us 30 days to resolve the matter.
[If counsel advises requiring arbitration for U.S. users, set out here: the arbitration provider and rules, the seat, who pays fees, a class-action waiver, a small-claims carve-out, and a 30-day opt-out. Arbitration clauses are heavily regulated and must be drafted by counsel — do not ship this section as a placeholder.]
Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect its intellectual property.
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law rules, and the state and federal courts located in Texas will have exclusive jurisdiction — except that if you are a consumer resident in the EEA, the UK or another territory with mandatory consumer protections, you keep the benefit of those protections and may bring proceedings in your local courts.
We may update these Terms as the app changes. The "last updated" date above always reflects the current version, and material changes will be noted in the app's release notes. Continuing to use the Services after a change means you accept the updated Terms; if you do not, delete the app.
These Terms, together with the Privacy Notice, are the entire agreement between us about the Services. If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delay caused by events beyond its reasonable control.
Apple handles the money, your device handles the negatives, and we handle neither.
The individual developer of Tember, Texas, United States. Write to support@tember.app. See also the Privacy Notice.
These Terms are drafted in Tember's voice for a no-data app and are not legal advice. They have not yet been reviewed by counsel — a Texas attorney's review before launch is the standing recommendation, and section 17's optional arbitration provisions in particular must come from counsel if wanted.