Terms of Use

Effective [EFFECTIVE DATE]

These terms are an agreement between you and [OWNER LEGAL NAME] ("we", "us"), the maker of Postale. They cover your use of the Postale app and the service behind it. Please read them with the Privacy Policy, which is part of them.

Apple's standard licence agreement for apps from the App Store (apple.com/legal/internet-services/itunes/dev/stdeula) also applies to Postale. Where it and these terms differ, these terms apply, as far as the law allows.

What Postale does

Postale looks through the photographs on your iPhone, notices the days worth keeping, and issues each one as a Card: an illustrated Cover on the front, and the day itself (its photographs, its figures, its Trail) on the back. Postale has no accounts. Your Cards are kept on your iPhone and in your own iCloud.

Your photographs and the illustration

To paint a Card's Cover, Postale sends one photograph of the day, the Cover photograph, to our server, which sends it to OpenAI, whose image model paints it in Postale's house style. The Privacy Policy says exactly what is sent, how it's stripped first, and how long each party keeps it.

By issuing a Card, you agree that its Cover photograph is sent to OpenAI to be illustrated, as the Privacy Policy describes. This includes your first three Cards: when you tap Let's go during setup, Postale picks a photograph for each of three days it found, sends them to be illustrated, and keeps the three Cards for you.

• Your photographs stay yours. You give us permission to copy, send and process a Cover photograph only to paint its Cover and deliver it to you, and only for as long as that takes.
• Only send what you're allowed to. Choose Cover photographs that you took, or that you have the right to use, and that don't break the law. Think of the people in them.
• Some photographs can't be painted. OpenAI may refuse a photograph it judges against its rules. We may refuse one too. A refused Illustration isn't counted against you.
• Your Covers are yours. As between you and us, you may keep, share and print the Covers and Cards Postale makes for you, for your own personal use. An illustration painted by a machine may resemble others, and we can't promise that nobody else holds rights in something it depicts.

Free cards

Your first three Cards are Free cards. They're yours to keep, with or without Membership. Free cards are counted per Apple Account, and per iPhone, so that each person gets three.

Membership

Membership is a subscription that lets you keep issuing Cards after your Free cards. You buy it through Apple's App Store.

• Plans. Membership is offered yearly and monthly. The price and length of each plan are shown in the app, in your currency, before you pay.
• Free trial. The yearly plan may start with a free trial. Its length, and the date and amount of your first payment, are shown before you start it. If you don't cancel before the trial ends, the yearly plan begins and you're charged. Apple allows one free trial per Apple Account.
• It renews automatically. Payment is taken from your Apple Account when you confirm the purchase, or when the trial ends. Your subscription renews automatically for the same period at the then current price unless you cancel it at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the period ends.
• Cancelling. Cancel at any time in the Settings app on your iPhone: tap your name, then Subscriptions, then Postale. Cancelling stops the next renewal; Membership lasts until the end of the period you've paid for. Deleting the app doesn't cancel Membership.
• Refunds. Apple handles payments and refunds. Ask Apple at reportaproblem.apple.com. Your legal rights as a consumer aren't affected.
• Price changes. If a plan's price changes, Apple tells you before it applies and, where the law or Apple's rules need it, asks you to agree.

Fair use

Each Cover costs us money to paint, so Issuing has limits, which the app shows you when you meet them:

• a found day can be issued within a week of the day, while it's fresh; Back issues (days from before you installed Postale) can be issued later, a few in each month;
• each day gets one Illustration and one retry;
• there is a monthly limit on Illustrations for each Apple Account;
• Issuing can be paused for everyone for a while, for example when demand is unusually high. A pause doesn't use up a found day's week.

We may change these limits to keep Postale running fairly. We won't take away a Card you've kept.

Using Postale properly

Please don't:

• try to get around the limits, the Free cards or Membership, for example with a modified app or many Apple Accounts;
• use Postale's server other than through the Postale app, or try to overload, probe or break it;
• use Postale to make anything unlawful, or anything that harms or harasses another person.

We may stop serving an install that does these things.

Changes to Postale and to these terms

Postale will change as we improve it. We may add or remove features, or stop the service, and we'll tell you in the app in good time before any change that takes away something you've paid for. If these terms change, we'll update the date at the top and tell you in the app if the change matters. If you don't agree, you can stop using Postale and cancel Membership.

Responsibility

We make Postale with care, but it's provided as it is. Detection is a judgement: it won't notice every day that matters to you, and an Illustration won't always be to your taste. Keep your own copies of your photographs; Postale doesn't back them up.

Nothing in these terms limits our responsibility where the law doesn't allow it to be limited, including for death or personal injury caused by our negligence, or for fraud, and nothing affects your statutory rights as a consumer. Otherwise, we aren't responsible for losses we couldn't reasonably have foreseen, or that come from something outside our control. [LIABILITY CAP: the owner's decision, with legal advice.]

Apple

These terms are between you and us, not Apple. Apple isn't responsible for Postale or its content, and has no duty to provide maintenance or support for it. Apple and its subsidiaries may enforce these terms as a third party. If Postale fails to match any warranty that applies, you may tell Apple, and Apple will refund the app's purchase price, if any; Apple has no other warranty duty for it. We, not Apple, deal with any claim about Postale, including product liability, a failure to meet legal or regulatory requirements, consumer protection law, or a claim that Postale infringes someone's intellectual property.

The law

These terms are governed by the law of [GOVERNING LAW]. If you live in the UK or the EU, you also keep the protection of the mandatory law of the country where you live, and you may bring a claim in its courts.

Contact

[OWNER LEGAL NAME], [ADDRESS]. [CONTACT EMAIL].