Terms of Service

1. About Fotollary

Fotollary analyzes a user's photo library on the device and, according to selected conditions, displays photos as home-screen or lock-screen wallpapers or in home-screen widgets.

The App includes photo-library indexing, classification of people, animals and scenes, face detection and grouping, similarity analysis, display-candidate selection, smart cropping, photo-category correction, and photo exclusion.

Photo analysis and storage of its analysis results are, in principle, performed on the user's device. The handling of photos and other user information is governed by the Fotollary Privacy Policy.

2. Accounts and Eligibility

No Fotollary-specific user account registration is required to use Fotollary.

To purchase or manage Fotollary Pro, users must satisfy the requirements imposed by Google for use of Google Play, including any Google Account requirements.

If a minor purchases a paid service, the minor must comply with applicable law and Google Play requirements and obtain consent from a parent or other legal representative where required.

3. Photos and Third-Party Rights

Users must use the App only with photos they have the right to use. Use of the App does not transfer copyright or other rights in a user's photos to us.

If a photo contains another person or otherwise involves third-party rights, the user is responsible for obtaining any permissions or taking any other steps required for the intended use.

Users must not infringe copyrights, portrait rights, privacy rights, trademarks, or other rights of third parties when using the App.

4. Automatic Analysis and Photo Selection

Fotollary uses automatic image analysis and machine-learning models to classify photos and determine display candidates, face locations, person groups, animals, scenes, similarity, crop areas, and related information.

Because these processes include statistical and automatic determinations, complete or perfectly accurate results are not guaranteed for every photo. Misclassification of people, animals or scenes, incorrect grouping of people, errors in similarity analysis, or unintended cropping may occur.

Users can use correction or exclusion functions provided by the App to adjust certain classification results or display eligibility.

5. 24-Hour Free-Use Period

Fotollary provides a 24-hour free-use period subject to the conditions displayed in the App.

This free-use period is not itself a paid Google Play subscription. The end of the free-use period does not automatically start a Fotollary Pro purchase or charge.

After the free-use period ends, if Fotollary Pro is not active, automatic photo changes for home-screen and lock-screen wallpapers and photo widgets will stop or pause. An active Fotollary Pro subscription is required to restart them.

6. Fotollary Pro

Fotollary Pro is a paid service for continued use of the App's automatic photo-change functions.

Fotollary Pro is offered through Google Play as an annual subscription. The actual price, currency, taxes, and other purchase conditions displayed in the App or by Google Play at the time of purchase apply.

Fotollary Pro becomes active after the purchase has been successfully completed and confirmed as an active purchase through Google Play.

7. Automatic Renewal

Fotollary Pro is an automatically renewing subscription. Unless the user cancels through Google Play, the subscription renews for the next subscription period after the current period in accordance with the terms displayed by Google Play.

Renewal charges are billed through the payment method registered with Google Play. Price changes and other changes to renewal conditions are handled according to Google Play rules and applicable law.

8. Cancellation

Fotollary Pro can be cancelled through the Google Play subscription-management screen.

The period for which the service remains available after cancellation and other effects of cancellation are governed by the conditions displayed by Google Play and applicable law.

9. Restore Purchase

If Google Play has a valid record of a Fotollary Pro purchase, users may use the App's Restore Purchases function or equivalent function to recheck purchase status.

Restoration may require the same Google Account used for the original purchase or other conditions required by Google Play.

10. Payments and Refunds

Fotollary Pro payments are processed through Google Play. We do not directly obtain or store users' complete payment-card information through the App.

Purchase cancellation, refunds, and other payment-related matters are handled under Google Play rules and applicable law. These Terms do not limit rights users have under applicable law.

11. Photo Access, Wallpapers, and Background Operation

Fotollary's core functions require Android permissions for access to photos and images, wallpaper functionality, and Android background-processing functionality. If required permissions are not granted, some or all functions may be unavailable.

Wallpaper, lock-screen, widget, and background-processing behavior may differ depending on the device manufacturer, Android version, OS battery-saving settings, permission settings, and other device-side specifications.

A selected rotation interval is an operational target. Due to OS background-processing restrictions and other circumstances outside our control, execution at the exact selected time or interval is not guaranteed.

12. Widget and Other Usage Limits

The number of supported widgets, available photo categories, and other specifications may be subject to limits or conditions depending on the App version. The current supported specifications are those displayed in the App.

We may change these specifications for reasonable reasons, including device or OS specifications, safety, performance, or quality considerations.

13. Prohibited Uses

Users must not engage in any of the following when using the App:

• Conduct that violates applicable law or public order and morals
• Criminal activity or conduct that facilitates criminal activity
• Infringement of copyrights, portrait rights, privacy rights, trademarks, or other rights or legitimate interests of us or any third party
• Harassment, threats, defamation, or other infringement of another person's rights
• Improper circumvention of Fotollary Pro purchase verification, the free-use period, or other App usage controls
• Unauthorized modification, analysis, or interference with the App, Google Play billing, or mechanisms used by the App
• Interference with normal operation of the App or use by other users
• Other conduct that we reasonably determine to be inappropriate

14. Local Data and Backups

Fotollary's photo index, photo-analysis results, settings, and other local data are stored on the device. Such data may be lost due to clearing app data, uninstalling the App, device failure, operating-system data deletion, or other circumstances.

If local data is lost, photos may need to be indexed or analyzed again. We do not provide a backup service for the user's original photo library.

Users are responsible for appropriately storing and backing up important photos.

15. Third-Party Services

The App uses Google Play, other third-party services, and Android functionality. Suspension, outage, specification changes, or changes to the terms of such services or functionality may make all or part of the App unavailable.

Third-party services are governed by the terms and privacy policies established by their respective providers.

16. Operation and Analysis Results

We use reasonable efforts to develop and maintain the App, but we do not guarantee:

• Identical operation on every Android device or Android version
• Identical availability of home-screen and lock-screen wallpaper functions on every device
• Perfect accuracy of automatic determinations relating to people, animals, scenes, similarity, or other matters
• That face grouping or smart cropping will always match the user's intent
• That photos will always change at the exact configured time or interval
• Continuous operation without interruption, failure, or error

17. Changes to the App

We may change the App's functions or specifications for reasonable reasons, including quality improvement, feature additions or changes, security measures, changes to Android or Google Play, or technical necessity.

Material changes to paid services or their conditions will be handled in accordance with applicable law and Google Play rules.

18. Suspension or Discontinuation

We may temporarily suspend all or part of the App when necessary due to maintenance, failures, security issues, suspension of third-party services, legal requirements, disasters, or other unavoidable circumstances.

We may also discontinue the App for reasonable reasons. If an active Fotollary Pro subscription exists, we will take necessary action in accordance with Google Play mechanisms and applicable law.

19. Our Liability

If a user suffers damage due to a cause attributable to us, we will be responsible in accordance with applicable Japanese law.

Only where the damage is caused by our ordinary negligence, and to the extent permitted by law, our liability is limited to ordinary and direct damages.

The preceding limitation does not apply where we, our representative, or our personnel act intentionally or with gross negligence, or where liability cannot be limited under the Consumer Contract Act or other mandatory law.

20. User Violations

If a dispute with a third party arises because a user violates these Terms, the user is responsible for addressing the dispute at the user's own responsibility and expense, except to the extent the cause is attributable to us.

21. Rights in the App

Copyright and other rights in the App, its software, screens, designs, names, text, and other content provided by us belong to us or the applicable legitimate rights holders.

These Terms do not transfer to us rights in the user's photos or other content in which the user owns rights.

22. Privacy

The handling of photos and other user information in Fotollary is governed by the Fotollary Privacy Policy.

23. Changes to These Terms

We may amend these Terms where the amendment is compatible with the general interests of users, or where the amendment is not contrary to the purpose of these Terms and is reasonable in light of the necessity for the amendment, the appropriateness of the amended terms, and other relevant circumstances.

If we amend these Terms, we will notify users of the amendment and its effective date through the App, the Website, or another appropriate method before the effective date. Where applicable law requires user consent to an amendment, we will obtain consent in accordance with applicable law.

24. Severability

If any provision of these Terms is determined to be invalid or unenforceable under applicable law, the remaining provisions will continue in effect to the extent permitted by law.

25. Governing Law and Jurisdiction

These Terms are governed by the laws of Japan.

If a dispute arises concerning the App or these Terms, we and the user will first seek to resolve it in good faith. If litigation becomes necessary, jurisdiction will lie with a court of Japan having jurisdiction under applicable Japanese law.

26. Controlling Language

These Terms may be translated into English or other languages for user convenience. The Japanese version is the controlling version.

If there is any inconsistency in meaning or interpretation between the Japanese version and a translation, the Japanese version prevails.

27. Contact

For inquiries regarding Fotollary or these Terms, please contact us through the contact function within the Fotollary app.