1. About these Terms
1.1These Terms of Service ("Terms") govern your use of the Photons mobile application (the "App") and the website at https://photonsapp.com (the "Website"), together the "Services", provided by [Company legal name], [Address], Poland, [KRS / CEIDG number], NIP [Tax ID], email [Contact email] ("we", "us").
1.2By downloading or using the App, or by using the Website, you agree to these Terms. If you do not agree, do not use the Services.
1.3If you obtained the App from Google Play, the Google Play Terms of Service also apply to your download and any purchase. If you obtained the App from the Apple App Store, Apple's Licensed Application End User License Agreement (the "Apple EULA") also applies. If these Terms and the Apple EULA conflict regarding the App, these Terms prevail to the extent permitted by Apple's rules, except for the provisions in section 10, which Apple requires. [Valid only if these Terms are uploaded as the custom EULA; see the internal note.]
1.4These Terms are available free of charge on the Website in a form you can save and print.
2. The Services
2.1The App calculates and displays information about the position of the Sun and Moon, including sunrise and sunset times, golden hour, blue hour, the directions of sunrise, sunset, moonrise and moonset, moon illumination and possible alignments with a chosen subject, and shows this information on a map and over the camera image.
2.2Calculations are made on your device. Maps, place search, place names and time zones are provided by your phone platform's map service (Apple on iPhone) and require an internet connection.
2.3Technical requirements: an iPhone with iOS 17 or later, or an Android phone with [Android minimum version] or later. The AR view requires a working camera, gyroscope and compass.
2.4The Website provides information about the App, a blog (the "Journal") and a contact form. The App is available for download from the Apple App Store and Google Play.
2.5We may update, change or discontinue features. If you have paid for the App or a feature, we will not remove its core functionality during the period you paid for, except where required by law, security or the app store's rules, and the statutory rules on digital content updates apply to consumers.
2.6Feedback you send us (by email or through the contact form) may be used to improve the Services without obligation to you. We will not publish your name with your feedback without your permission.
3. Licence
3.1We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control (for App Store downloads, as permitted by the Apple EULA), for personal or professional photography planning.
3.2You may not: copy, modify or create derivative works of the App; reverse engineer, decompile or disassemble it, except where the law expressly allows this; remove copyright notices; rent, lease, sell or sublicense the App; or use it to build a competing product.
3.3All rights in the App, the Website, the Photons name and logo, the design and the content of the Journal belong to us or our licensors. These Terms do not transfer any ownership.
4. Price and purchases
4.1[Pricing TBD. Choose one before release:]
- [Free: The App is provided free of charge.]
- [Paid / in-app purchases: The App or some features are paid. Prices are shown in the App Store or Google Play before purchase. Payment, billing, renewals and refunds are handled by Apple or Google under their store terms. Subscriptions renew automatically unless cancelled in your Apple Account or Google Play settings before the end of the current period (on the App Store, at least 24 hours before).]
4.2Consumers in the EU: when you buy digital content that is supplied immediately, you are asked to consent to immediate supply and acknowledge that you lose the 14-day right of withdrawal once supply begins (Art. 38(1)(13) of the Polish Consumer Rights Act). Refunds requested through Apple or Google are handled by them.
5. Planning aid, safety and accuracy
5.1Planning aid only. The App's results are mathematical predictions. Sun positions are calculated to an accuracy of about 0.01° and Moon positions to about 0.02°, under standard atmospheric conditions. Times are displayed to the minute. Real observations can differ because of weather, air temperature and pressure, terrain and buildings on the horizon, your elevation, the accuracy of your device's location and compass, magnetic interference, and the limits of the method. The alignment finder measures from the mathematical horizon and does not take elevation, terrain or the height of the subject into account. Near the poles, some golden or blue hour periods may not be listed.
5.2Do not rely on the App for navigation, safety, aviation, maritime or any purpose where an error could cause harm. It is not a navigation instrument.
5.3Eye safety. Never look directly at the Sun, with the naked eye, through a camera's optical viewfinder, binoculars, or a telephoto lens, without a certified solar filter. Looking at the Sun can cause permanent eye damage. The AR view shows the Sun's position on screen so you do not have to look at it.
5.4Out in the field. You are responsible for your own safety and for following the law when you go out to photograph: check weather and conditions, plan for darkness, tell someone where you are going, respect private property, access rules, protected areas, wildlife and local regulations, including rules for drones. Do not use the App while driving.
5.5Battery and data. The AR view uses the camera and sensors and can drain the battery faster. Map features use mobile data under your carrier's terms.
6. The Website and the Journal
6.1Journal articles are general photography guidance. Times, angles and dates given as examples are approximate and for illustration.
6.2You may share links to the Website and quote short excerpts with attribution. Republishing whole articles or images requires our written permission.
6.3When you use the contact form, do not send unlawful content, malware, spam, or other people's personal data without a legal basis.
6.4The Website may link to third-party sites. We are not responsible for their content or practices.
7. Acceptable use
You must not use the Services to break the law, to infringe others' rights, to interfere with the Services or their security, to scrape the Website at a scale that burdens it (search engines and AI crawlers following our robots.txt are welcome), or to misrepresent your affiliation with us.
8. Liability
8.1Nothing in these Terms excludes or limits our liability where the law does not allow it, including liability for intentional damage, gross negligence, or death or personal injury caused by negligence, or your statutory rights as a consumer, including the rules on conformity of digital content with the contract (Chapter 5b of the Polish Consumer Rights Act).
8.2Subject to 8.1, and for users who are not consumers: (a) the Services are provided "as is"; (b) we are not liable for lost profits, missed shots, travel costs, lost data or indirect damage; and (c) our total liability is limited to the amount you paid us for the App in the 12 months before the claim, or EUR 50 if you paid nothing.
8.3For consumers, we are liable for damage caused by our breach of these Terms in accordance with the Polish Civil Code, subject to 5.1-5.2, which describe the nature of the Services.
9. Complaints
9.1If the App or Website does not work as described, write to [Contact email] with a description of the problem and, for the App, your device model and system version.
9.2We reply within 14 days. Consumers may also use out-of-court complaint and redress procedures, including the help of a municipal or district consumer ombudsman (rzecznik konsumentów), the Trade Inspection (Inspekcja Handlowa) or consumer organisations. Information is available at uokik.gov.pl.
9.3Payment and refund issues for store purchases are handled by the store: Apple for the App Store (reportaproblem.apple.com), Google for Google Play.
10. Apple-specific terms
This section applies only if you obtained the App from the Apple App Store.
10.1These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the App and its content.
10.2Apple has no obligation to provide maintenance or support for the App.
10.3If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App.
10.4We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection claims.
10.5In case of a third-party claim that the App infringes intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
10.6You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
10.7Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
11. Termination
You can stop using the Services at any time by deleting the App. We may suspend or end your access to the Website if you seriously breach these Terms. Sections 3.3, 5, 8 and 12 survive termination.
12. Law and disputes
12.1These Terms are governed by Polish law. If you are a consumer living in another EU country, you keep the protection of the mandatory laws of your country of residence.
12.2Disputes with non-consumers are decided by the court with jurisdiction over our registered office. Consumers may bring proceedings in the courts provided by law, including those of their place of residence.
13. Changes to these Terms
We may change these Terms for important reasons, such as changes in the law, in the app stores' rules or in the Services. We will publish the new version on the Website with its date at least 14 days before material changes take effect, and mention the change in the App's release notes. If you do not agree, you can stop using the Services.
14. Contact
[Company legal name] · [Address] · [Contact email]