Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Watch Identifier mobile application (the "Service", "App") operated by us ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Use of the Service

Watch Identifier grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App solely for your personal, non-commercial purposes strictly in accordance with these Terms.

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the App.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of ours or our affiliates, partners, suppliers or the licensors of the App.
• Use the Service for any illegal or unauthorized purpose, or engage in any activity thatARRIVAlates any applicable laws or regulations.

2. Image Identification Service

The App uses Google's Gemini API to provide image recognition services for watches. When you submit an image for identification:

• You grant us the right to transmit the image to Google's Gemini API for processing.
• Your use of this feature is subject to Google's terms and policies. We are not responsible for the processing of images by Google's Gemini API. Please review Google's Privacy Policy and Google Gemini API Terms of Service.
• The accuracy and availability of the identification service depend on the Gemini API and the quality of the image submitted. We do not guarantee the accuracy or completeness of any information provided by the identification service.
• You agree not to submit images that are illegal, offensive, or infringe on the rights of others.

3. No User Accounts

The App does not require user registration or the creation of an account. As such, there are no user accounts to manage or terminate in the traditional sense.

4. Intellectual Property

The Service and its original content (excluding content provided by users or third-party APIs), features, and functionality are and will remain the exclusive property of Watch Identifier and its licensors. The Service is protected by copyright, trademark, and other laws of both our country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

5. Subscriptions

Access to certain features of the App, such as unlimited watch identifications and detailed profiles, requires an active subscription. Subscriptions are managed through the Apple App Store.

• Billing: Subscriptions are billed on a recurring basis (e.g., monthly or annually) as selected at the time of purchase. Payment will be charged to your Apple ID account at confirmation of purchase.
• Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
• Management & Cancellation: You can manage and cancel your subscriptions by going to your App Store account settings after purchase. For more information, please refer to Apple's support documentation on managing subscriptions.
• Free Trials: A 7-day free trial may be available for annual subscribers. If you do not cancel before the end of the free trial period, your subscription will automatically convert to a paid subscription.
• No Refunds: Except when required by law, or as otherwise determined by Apple in its sole discretion, paid subscription fees are non-refundable.

Without an active subscription, you can view your previously saved scans, but performing new identifications will not be possible.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY SERVICES (LIKE GOOGLE GEMINI API) LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE (INCLUDING GOOGLE GEMINI API); (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. Indemnification

You agree to defend, indemnify and hold harmless Watch Identifier and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

9. App Store Terms

You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, e.g., the Apple App Store ("App Store"). You acknowledge that these Terms are between you and Watch Identifier and not with the App Store. Watch Identifier, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).

You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the App.

You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your use, you may simply discontinue using the Service and delete the App from your device.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction - e.g., California, USA], without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at: terms@watchidentifier.com