1. Who you are agreeing with
These Terms of Service (the “Terms”) are an agreement between you and Cloudbeat Inc., a company registered in Canada (“we”, “us”, “our”). The “App” means the Privately iOS application and any associated software, including its Share Extension and any backup files it produces.
2. License
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on any Apple-branded device that you own or control, in accordance with the Apple Media Services Terms and the Apple App Store EULA.
You may not (and may not let anyone else): (a) decompile, reverse-engineer, or disassemble the App, except where this is permitted by law that cannot be excluded; (b) rent, lease, lend, sell, sub-license, or commercially redistribute the App; (c) circumvent or attempt to circumvent any technical protection or licensing mechanism; (d) use the App for anything illegal, harmful, or that infringes the rights of others.
3. Your content is yours
Photos, videos, albums, and any other content you import into the App (“Your Content”) are and remain yours. We do not claim any ownership over Your Content.
Because Your Content is encrypted on your device with a key that never leaves your device, we have no access to it. This means:
- We cannot view, recover, decrypt, repair, restore, or hand over Your Content — to you or to anyone else.
- You are solely responsible for keeping a backup. The App provides an encrypted backup feature; we strongly recommend using it.
- If you forget your PIN and have not enabled Face ID reset, and you have no backup, Your Content is permanently lost. We cannot help you recover it.
4. Subscriptions, trial, and billing
Privately is offered as an auto-renewing subscription, with an introductory free trial. Subscription plans, durations, and prices are displayed in the App Store and inside the App at the time of purchase. By starting a subscription, you agree to the price and plan shown to you at that moment.
- Pricing.The current price is the one shown to you in the App Store and on the App’s subscription screen, including any local-currency equivalent and applicable taxes. Apple may localise prices by region. Prices may change from time to time; any change will only take effect for new purchases or new renewal periods, and where required by law we will notify you in advance and ask for your renewed consent.
- Free trial. An introductory free trial may be offered to eligible new subscribers, as determined by Apple. If you do not cancel at least 24 hours before the trial ends, your subscription will automatically convert to a paid subscription at the price shown to you at sign-up.
- Auto-renewal. Your subscription automatically renews for the same period unless you cancel at least 24 hours before the end of the current period. Renewal is charged to your Apple ID at the price shown at the time of renewal.
- Managing or cancelling. You can manage and cancel your subscription at any time in Settings → [your name] → Subscriptions on iOS. Uninstalling the App does not cancel your subscription.
- Refunds. All payments are processed by Apple. Refund requests are handled by Apple in accordance with its policy: support.apple.com/HT204084.
- Expired subscription. If your subscription expires, the App switches to read-only mode: existing content stays accessible, but new imports and certain features are disabled until you re-subscribe.
5. Acceptable use
Your responsibility. Because Your Content stays on your device under encryption that we cannot break, the legal responsibility for what you choose to store is entirely yours. You alone are responsible for ensuring that Your Content, and your use of the App, comply with the laws of the jurisdiction in which you reside and the jurisdiction in which the content was created.
Hard prohibitions.Regardless of the App’s technical isolation, you must not use the App to store, transmit, or share:
- child sexual abuse material, or any other content that sexually exploits or endangers minors;
- non-consensual intimate imagery;
- content that you do not have the legal right to possess in your jurisdiction.
What we can and cannot do.We have no technical ability to access, decrypt, scan, moderate, or remove Your Content — that is a feature, not a limitation, and it is what makes Privately a private vault. We will, however, suspend or terminate your license to use the App, and refuse refund or reactivation, if we are presented with a credible report or valid legal order indicating that you are using the App in violation of this section. We will cooperate with valid legal process directed at conduct of this kind to the extent required by law.
6. Account and security
The App does not have a server-side account. Authentication is local: a PIN you set, optionally combined with Face ID. You are responsible for keeping your PIN, your device, and your backups secure. Anyone with your unlocked iPhone and PIN can access Your Content.
7. Updates
We may release updates to the App that fix bugs, add features, or change behaviour. Some updates may be required for the App to keep working. By using the App you consent to receive these updates from the App Store.
8. Privacy
How we treat the limited data we do collect is described in our Privacy Policy, which is part of these Terms.
9. Disclaimers
The App is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.
We do not warrant that the App will be uninterrupted, error-free, or free of harmful components. We do not warrant that the encryption, backup, or restore features will preserve Your Content in every circumstance, including device failure, file corruption, software bugs, or user error.
10. Limitation of liability
To the fullest extent permitted by applicable law, in no event will Cloudbeat Inc. or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, lost photographs, or device repair / replacement costs, arising out of or in connection with your use of (or inability to use) the App, even if we have been advised of the possibility of such damages.
Our total cumulative liability arising out of or relating to these Terms or the App will not exceed the greater of (a) the amount you paid us for the App in the twelve months before the event giving rise to the claim, and (b) US$50.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limits above apply only to the extent permitted.
11. Termination
You may stop using the App at any time by deleting it. We may suspend or terminate your license if you materially breach these Terms or use the App in a way that creates legal risk for us. On termination, the rights granted to you in section 2 cease; sections 3, 9, 10, and 12 survive.
12. Governing law and disputes
These Terms are governed by the laws of Canada, without regard to conflict-of-laws rules. The exclusive jurisdiction for any dispute arising out of or relating to these Terms is the competent courts of Canada, except that consumers resident in the EU, UK, or another jurisdiction with mandatory consumer protections may bring proceedings in their place of residence as permitted by law.
13. Apple-specific terms
You acknowledge that these Terms are between you and Cloudbeat Inc. only, and not with Apple. Apple is not responsible for the App or its content. To the maximum extent permitted by law, Apple has no warranty obligation whatsoever with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple is a third-party beneficiary of these Terms and may enforce them against you.
14. Changes to these Terms
We may update these Terms from time to time. We will indicate the effective date at the top of this page. If a change materially reduces your rights, we will give reasonable advance notice (in the App or by email if you have written to us). Your continued use of the App after a change takes effect means you accept the updated Terms.
15. Contact
Questions about these Terms? Write to support@getprivately.app.