1. About these Terms
These Terms of Use ("Terms") govern your access to and use of the Burst Cam mobile application and any related materials (collectively, the "Service"), provided by the publisher of the Service ("Publisher", "we", "us", or "our").
By installing, opening, or using the Service, you ("you" or "User") agree to be bound by these Terms. If you do not agree, do not install or use the Service.
2. The Service
Burst Cam is an iOS application that captures timed bursts of photos using your device camera and saves them to your device photo library. The Service runs entirely on your device. No backend stores your photos, settings, or personal data.
3. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, if higher) to use the Service. By using the Service you represent that you meet this requirement and that your use complies with all laws applicable to you.
4. License
Subject to your compliance with these Terms, you are granted a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on Apple-branded devices that you own or control, solely for your personal, non-commercial use, in accordance with the Apple Media Services Terms and Conditions and the Usage Rules in Apple's App Store Terms.
All other rights are reserved.
5. Purchase, Pricing, Refunds
The Service is distributed through the Apple App Store. Certain features are unlocked via a one-time in-app purchase. All purchases are processed by Apple and are subject to Apple's terms and refund policy. Pricing is shown in your local currency at the time of purchase and may vary by storefront, taxes, and currency fluctuations.
Refund requests must be submitted to Apple via reportaproblem.apple.com. The Publisher has no ability to issue refunds for purchases made through Apple.
6. Acceptable Use
You agree not to:
- Use the Service to capture, store, or distribute material that is unlawful, infringing, defamatory, harassing, or invasive of another person's privacy.
- Use the Service to capture images of any person, location, or property where doing so violates applicable law (including, without limitation, recording, wiretap, voyeurism, and privacy laws).
- Reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent such restriction is prohibited by applicable law.
- Circumvent or attempt to circumvent any in-app purchase, license check, or technical protection measure.
- Resell, sublicense, rent, lease, or otherwise commercially exploit the Service.
- Use the Service in any manner that could damage, disable, overburden, or impair any device or network.
You are solely responsible for ensuring that your use of the Service complies with all laws applicable to you, including in any location where you capture photos.
7. Your Content
Photos captured with the Service ("Your Content") are saved directly to your device photo library. The Publisher does not receive, host, store, or process Your Content. You retain all rights in and to Your Content, and you are solely responsible for it.
8. Intellectual Property
The Service, including all software, designs, icons, marks, text, graphics, and other materials, is owned by the Publisher and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in or to the Service except for the limited license expressly granted in Section 4.
9. Third-Party Services
The Service operates on top of the iOS operating system and the Apple App Store. Your use of these is subject to Apple's terms. The Publisher is not affiliated with, endorsed by, or sponsored by Apple.
10. Updates and Changes
Updates, bug fixes, new features, or changes to existing features may be released at the Publisher's discretion. Updates may be required for the Service to continue functioning correctly. These Terms may also be modified from time to time; the updated version will be posted at https://burst.camera/terms with a revised "Last updated" date. Material changes take effect upon posting and your continued use of the Service after the change constitutes your acceptance of the revised Terms.
11. Termination
You may terminate these Terms at any time by uninstalling the Service. Your right to use the Service may be suspended or terminated if you breach these Terms. Sections 7, 8, and 12–17 survive termination.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS GIVEN THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE PRESERVATION AND BACKUP OF PHOTOS CAPTURED WITH THE SERVICE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PUBLISHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
THE PUBLISHER'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS (USD 50).
14. Indemnification
You agree to indemnify, defend, and hold harmless the Publisher from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with (a) your use or misuse of the Service, (b) your violation of these Terms, or (c) your violation of any rights of another person, including capturing or sharing photos in violation of privacy or other laws.
15. Disputes
The parties will attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service informally by contacting hello@burst.camera before initiating any formal proceeding. If a dispute cannot be resolved informally within sixty (60) days, it shall be resolved on an individual basis only; you and the Publisher each waive any right to participate in a class, collective, or representative action to the maximum extent permitted by law.
16. Consumer Rights
If you are a consumer in the European Union, the United Kingdom, or another jurisdiction whose mandatory consumer-protection laws grant you rights that cannot be waived by contract, those rights are not affected by these Terms. Statutory consumer rights and the courts of your country of residence remain available to you.
17. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Publisher regarding the Service.
Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign these Terms. The Publisher may assign them at its discretion.
Apple End-User License. You and the Publisher acknowledge that these Terms are concluded between you and the Publisher only, and not with Apple. Apple is not responsible for the Service or its content. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
18. Contact
Questions about these Terms? Email hello@burst.camera.