Terms of Service

1. Agreement to Terms

By downloading, installing, accessing, or using Bombajom Photos (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the App after such changes constitutes acceptance of the updated Terms.

2. Description of Service

Bombajom Photos is a mobile application that enables you to back up photos and videos from your mobile device to your Network Attached Storage (NAS) device over your local network.

2.1 What the App Does

• Connects to your storage device using standard file-sharing protocols
• Transfers photos and videos from your device to your storage
• Manages sync queues and tracks backup status
• Detects duplicate files to prevent redundant uploads
• Provides a gallery view of your photos

2.2 What the App Does Not Do

• Store your photos or videos on our servers
• Provide cloud storage services
• Access or view your photos or videos
• Require an account or registration
• Provide remote access to your NAS (local network only)

3. Eligibility and Age Requirements

You must be at least 13 years old (or 16 years old in the European Economic Area) to use the App. If you are under the age of majority in your jurisdiction, you represent that you have obtained parental or guardian consent to use the App.

By using the App, you represent and warrant that:

• You are of legal age to form a binding contract
• You have the authority to enter into these Terms
• Your use of the App will not violate any applicable law or regulation
• You will not use the App for any illegal or unauthorized purpose

4. User Responsibilities

4.1 NAS Security

You are solely responsible for the security of your NAS device and network. This includes:

• NAS Access Control: Maintaining secure credentials (strong passwords, two-factor authentication if available)
• Network Security: Securing your local network (WiFi password, firewall configuration, network segmentation)
• NAS Updates: Keeping your NAS firmware and software up to date with security patches
• Backup Strategy: Implementing appropriate backup strategies for your NAS data
• Access Management: Limiting access to your NAS to authorized users only

4.2 Network Security

You are responsible for securing your local network environment:

• Using strong WiFi passwords and encryption (WPA2/WPA3)
• Configuring your router firewall appropriately
• Keeping router firmware updated
• Monitoring network activity for unauthorized access
• Using secure network protocols (preferring encrypted connections like SMB3, HTTPS)

4.3 Device Security

You are responsible for:

• Keeping your mobile device operating system updated
• Using device lock screens (PIN, password, biometric authentication)
• Not jailbreaking or rooting your device (which may compromise security)
• Protecting your device from malware and unauthorized access

4.4 Content Responsibility

You are solely responsible for:

• The content of photos and videos you back up using the App
• Ensuring you have the right to store and backup such content
• Complying with all applicable laws regarding the content you store
• Not using the App to store illegal, harmful, or infringing content

5. Acceptable Use

You agree not to use the App in any way that:

• Violates any applicable law, regulation, or third-party right
• Infringes upon intellectual property rights of others
• Is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Attempts to gain unauthorized access to any system, network, or data
• Interferes with or disrupts the App or servers connected to the App
• Uses automated systems (bots, scrapers) to access the App
• Reverse engineers, decompiles, or disassembles the App
• Removes or circumvents any security or protection measures
• Uses the App to store or transmit malware, viruses, or harmful code

6. Intellectual Property

6.1 Our Intellectual Property

The App, including its source code, design, graphics, logos, and documentation, is owned by Bombajom and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for your personal, non-commercial use in accordance with these Terms.

Bombajom Photos is open source software. The source code is available under the applicable open source license. Your use of the App is subject to both these Terms and the open source license terms.

6.2 Your Content

You retain all ownership rights to your photos, videos, and other content. The App does not claim any ownership rights to your content. By using the App, you grant us only the limited rights necessary to provide the service (e.g., transferring files to your NAS).

7. Service Availability and Modifications

We strive to provide a reliable service, but we do not guarantee that the App will be available at all times or free from errors. The App may be unavailable due to:

• Scheduled maintenance
• Unscheduled maintenance or technical issues
• Network connectivity issues on your end
• NAS device unavailability
• Force majeure events

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

8. Disclaimers

8.1 No Warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY
• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the App will meet your requirements, operate without interruption, be error-free, or that defects will be corrected.

8.2 Data Loss

We are not responsible for any loss, corruption, or damage to your photos, videos, or other data. You are solely responsible for:

• Maintaining backups of your data
• Verifying that backups are successful
• Protecting your NAS device and data
• Recovering from data loss

8.3 Third-Party Services

The App may integrate with or use third-party services (such as Sentry for error monitoring). We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOMBAJOM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF DATA, PHOTOS, VIDEOS, OR OTHER CONTENT
• LOSS OF PROFITS OR REVENUE
• LOSS OF USE OR BUSINESS INTERRUPTION
• COST OF SUBSTITUTE SERVICES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR NAS OR DATA
• DAMAGES RESULTING FROM NETWORK SECURITY BREACHES

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP (IF ANY) OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Bombajom, its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the App
• Your violation of these Terms
• Your violation of any law or regulation
• Your infringement of any third-party rights
• Your content (photos, videos, or other data)
• Security breaches of your NAS or network

11. Termination

11.1 Termination by You

You may stop using the App at any time by uninstalling it from your device. You may also delete all app data through the App's settings.

11.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including if you:

• Violate these Terms
• Use the App in an illegal or unauthorized manner
• Engage in fraudulent, abusive, or harmful activity
• Infringe upon intellectual property rights

11.3 Effect of Termination

Upon termination:

• Your right to use the App will immediately cease
• You may delete the App from your device
• All app data stored on your device may be deleted
• Your photos and videos on your NAS are not affected (they remain on your NAS)

Sections of these Terms that by their nature should survive termination shall survive termination, including but not limited to: Intellectual Property, Disclaimers, Limitation of Liability, and Indemnification.

12. Subscriptions and Refunds

12.1 Subscription Terms

Bombajom Photos offers subscription plans (Pro and Family) with monthly, annual, and lifetime billing options. Subscriptions provide access to premium features as described in the App.

• Free Trial: New users receive a 14-day free trial with full access to all Pro features. No payment is required during the trial. After the trial expires, existing synced photos remain viewable but new sync and backup functionality is paused until you subscribe.
• Auto-Renewal: Monthly and annual subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period, and you retain access to premium features until then.

12.2 Refund Policy

Refunds are handled by the platform through which you purchased your subscription:

• Apple App Store: Refund requests are handled by Apple in accordance with Apple's refund policy. To request a refund, visit reportaproblem.apple.com.
• Google Play Store: Refund requests are handled by Google in accordance with Google Play's refund policy. Google Play offers automatic refunds within 48 hours of purchase for subscriptions.
• Web (Stripe): For subscriptions purchased through our website, you may request a refund within 14 days of purchase by contacting support@bombajom.com. Refunds are processed to the original payment method within 5-10 business days.

12.3 Lifetime Licenses

Lifetime licenses are one-time purchases that grant permanent access to premium features for the purchased tier. Lifetime licenses are non-transferable and are tied to your account. Refund requests for lifetime licenses follow the same platform-specific policies described above.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

If you have a dispute with us, you agree to first contact us at support@bombajom.com to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, you agree to resolve the dispute through binding arbitration or small claims court, as applicable.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Export Restrictions

The App may be subject to export control laws and regulations. You agree to comply with all applicable export control laws and not to export, re-export, or transfer the App to any country or person prohibited by such laws.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bombajom regarding the App and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us: