Terms of Use

1. Eligibility

When you use the App, Chunky Time is made available only in its mobile application form. Your use of the App is subject to these Terms. TinyCone’s Privacy Policy explains what information we collect and how we use and protect it.

Age Limitations

The App is rated for general audiences. If you are under the minimum legal age required to provide consent where you live, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf and is responsible for supervising your use of the App. If you are a parent or guardian permitting a child to use the App, you represent that you have the authority to agree to these Terms on the child's behalf. By using the App you represent that you meet these requirements and that you are not barred from using the App under any applicable law.

2. Using the App

Subject to these Terms, TinyCone grants you a non-transferable, non-exclusive, revocable, limited license to use and access one copy of the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions and the Apple Standard EULA.

You agree not to, and agree not to permit anyone else to:

• license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the TinyCone and the App, or any content displayed on the App without TinyCone’s authorization
• copy, alter, modify, translate, or create derivative works of any part of the App;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent that applicable law expressly permits this despite this limitation;
• rent, lease, lend, sell, redistribute, or sublicense the App;
• remove, obscure, or alter any proprietary notices in the App;
• use the App to store, organize, or distribute content that is unlawful, including child sexual abuse material or content that infringes another person’s rights;
• circumvent, disable, or interfere with any security, purchase verification, or usage-limiting feature of the App, including any mechanism that enforces subscription entitlements; or
• access the App through any technology or means other than the technology provided on the App, or other authorized means TinyCone may designate;
• use or launch automated systems (including but not limited to “robots” or “spiders”) to access the App in a manner not humanly possible, or in a way that spams, degrades, or disrupts the App’s functions
• collect or harvest any personally identifiable information, including account names from the App;
• use the communication systems provided by the App for any solicitation purposes;

3. Your photos and content

Your photos, videos, albums, captions, and any other content you bring into the App (“Your Content”) belong to you. We do not claim ownership of Your Content.

Chunky Time is designed to work on your device. The App accesses your photo library only after you grant permission through iOS, and it processes and organizes Your Content locally on your device. We do not upload Your Content to our servers, and we do not view, sell, or share Your Content. See our Privacy Policy for details on what limited information we do collect.

You are responsible for backing up Your Content. The App is not a backup service. Deleting the App, resetting your device, or losing your device may result in the loss of albums, organization, or other data the App stores locally, and we cannot recover it for you.

4. Intellectual property

Except as expressly set out in these Terms, all intellectual property rights in and to the App or Chunky Time’s site remain the sole property of TinyCone and its licensors. TinyCone owns all data, content, software, inventions, ideas, and other intellectual property that it develops in connection with the App. If you send us feedback, suggestions, or ideas about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you. The App, including its software, design, layouts, text, graphics, and the Chunky Time name and logo, is owned by us and our licensors and is protected by copyright, trademark, and other laws. These Terms grant you no right to use our trademarks or branding without our prior written permission.

5. Subscriptions

The App offers optional auto-renewing Subscriptions (“Chunky Time Plus”) that unlock additional features. Subscriptions are sold and processed by Apple through your Apple Account — we never receive or store your payment card details.

Plans and Pricing

We currently offer two Subscriptions plans: (i) Chunky Time Plus Weekly (billed weekly) and (ii) Chunky Time Plus Yearly (billed yearly).

Prices are shown in the App in your local currency before you confirm any purchase, and the price shown at the point of purchase controls. Prices may vary by region, may differ between users as part of pricing experiments, and are subject to change. TinyCone reserves the right to change its prices and plans at any time. Any price change will be communicated to you in advance and, where required, will take effect only after you consent or on your next renewal following notice.

Automatic Renewals

Unless otherwise stated at the time of purchase, any Subscription you purchase will automatically renew at the end of each Subscription period for successive periods of the same duration as your initial Subscription. We'll notify you before auto-renewal of your subscription. You can cancel your subscription at any time (see below).

At each renewal, we will charge the payment method associated with your account the applicable renewal price, plus any applicable taxes and fees, unless you cancel your Subscription before the renewal date. The renewal price will be the then-current price for your Subscription plan, unless otherwise stated at the time you purchase or renew your Subscription. We will provide any advance notice of a renewal or price change that is required by applicable law.

How auto-renewal works

• Payment is charged to your Apple Account at confirmation of purchase.
• Your subscription renews automatically for the same period unless auto-renew is turned off at least 24 hours before the end of the current period
• Your Apple Account is charged for renewal within 24 hours before the end of the current period, at the then-current price for your plan.
• You can manage your subscription and turn off auto-renew in your device’s Settings → your name → Subscriptions at any time after purchase.
• Turning off auto-renew stops future charges; it does not cancel the current period, and the current period is not refunded on a pro-rata basis.

Free Trials and Pilots

TinyCone may offer you a free trial or pilot to allow you to try the App and its features. TinyCone reserves the right to set eligibility requirements and the duration for free trials and pilots.

If you have access to a free trial or pilot, your access to features made available as part of that free trial or pilot will cease if you do not enter into a paid Subscription prior to the end of the trial/pilot period. When you purchase a Subscription to the same content while a free trial is offered, any unused portion of that free trial is forfeited.

If you use a free trial or pilot during an active Subscription you purchased, at the end of that trial / pilot you will be charged the relevant subscription fee for the next billing cycle to your selected payment period, unless you cancel your Subscription prior to the end of that free trial.

Billing and Payment

By purchasing a Subscription, you expressly authorize us and our third-party payment provider to charge your selected payment method for all amounts due under your initial Subscription period and subsequent autorenewal periods.

You are responsible for maintaining a valid payment method. If a payment cannot be processed, we or our payment provider may retry the payment, request that you provide an alternative payment method, or suspend or terminate access to paid features, subject to applicable law. Your Subscription may remain active while a payment is being retried. You remain responsible for amounts properly incurred before cancellation or termination.

Cancellation and refunds

You can cancel a Subscription and stop future renewals at any time through your Apple Account subscription settings at any time after purchase [open Settings, tap your name, select Subscriptions, choose the item, and tap Cancel Subscription].

Your cancelled subscription will terminate at the end of your then-current billing cycle and you will not be entitled to a refund of any fees already paid (except where required by law) and any outstanding fees will become immediately due and payable. Halting auto-renewal and cancelling your Subscription stops future charges; it does not cancel the current period, and the current period is not refunded on a pro-rata basis.

Because Apple is the merchant of record for in-app purchases, all billing and refunds are handled by Apple under the Apple Media Services Terms and Conditions. We cannot issue refunds directly. You can request a refund from Apple at reportaproblem.apple.com.

Nothing in this section limits any statutory cancellation or refund right you have under the consumer protection laws of your country or state.

Restoring purchases

If you delete and then reinstall the App or set up a new device, use the “Restore Purchases” option in the App to reactivate an active subscription linked to the same Apple Account.

6. Changes to the App

TinyCone reserves the right at any time to modify, add, or remove features of the App over time, and we may release updates. Unless otherwise indicated, any future release, update, or changed functionality of the App shall be subject to these Terms of Use.

If we materially reduce a core feature that your paid subscription provides, we will give you reasonable notice and you may cancel your subscription as described above. We may also discontinue the App entirely; if we do so while you hold an active subscription, we will stop future renewals. You agree that TinyCone will not be liable to you or to any third party for any modification, suspension or discontinuation of the App and its services.

7. Third-party services

The App relies on services provided by Apple and on third-party analytics and crash-reporting providers. Your use of those services is subject to the terms and conditions of those third-party services or affiliate services. We are not responsible for third-party services or for any content or links the App may surface from them. TinyCone makes no representations or warranties as to third-party services, and expressly disclaims all liability arising from your use of third-party services to the extent permitted by law.

8. Privacy

Our Privacy Policy explains what information we collect and how we use it. The Privacy Policy applies to the data that TinyCone collects, uses, transfers, stores, or discloses about your use of the App.

9. Termination

If you violate these Terms and/or break the rules or the law, we have the right to remove you from the App and terminate any Subscription(s).

You may end this agreement at any time by deleting the App from your devices (this does not, on its own, cancel a subscription — see “Cancellation and refunds”).

We may suspend or terminate your license immediately if you materially breach these Terms, including the restrictions in Section 2. If TinyCone reasonably believes and determines that you or your use of the App violates these Terms, TinyCone may take one or more of the following actions: (i) suspend or terminate any Subscription, (ii) suspend your access to the App, (iii) terminate your access to the App, (iv) permanently ban you from using the App, and/or (v) disclose the prohibited activities and related information to appropriate third parties, such as government authorities or law enforcement.

In the event of termination of your subscription of any Subscription due to a violation by you, you will not receive any refund and will pay any outstanding fees for the remaining period of that Subscription.

Survival of Terms

Sections titled “Termination,” “Billing and Payment,” “Limitation of Liability,” “Intellectual Property,” “Disclaimer of Warranties,” “Changes to the App,” and “Miscellaneous” inclusive will survive any expiration or termination of these Terms.

10. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY AUTOMATIC ORGANIZATION, GROUPING, OR SUGGESTION WILL BE ACCURATE, OR THAT DATA STORED LOCALLY BY THE APP WILL NOT BE LOST.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum period permitted by law.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TINYCONE AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PHOTOS, PROFITS, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US OR APPLE FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS (US$50).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability consumer rights, fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence, where such limitation is not permitted by law.

12. Indemnification

You agree, as permitted by law, to indemnify and hold harmless TinyCone from any claims, damages, liabilities, and reasonable legal fees arising out of your misuse of the App, your violation of these Terms, or your violation of any law or the rights of a third party.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

13. Miscellaneous

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. If a change is material, we will give you notice in the App or by other reasonable means before it takes effect. Continuing to use the App after a change takes effect means you accept the revised Terms.

Compliance with Applicable Law

You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. TinyCone agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the App.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law

These Terms are governed by the laws of the State of Virginia, USA, without regard to its conflict-of-laws rules. You and TinyCone agree to the exclusive jurisdiction of the state and federal courts located in the City of Richmond, Virginia for any dispute not subject to small-claims court.

If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction whose law grants you the protection of your local courts and mandatory consumer laws, nothing in this section deprives you of that protection.

Notices

All required notices to you will be sent via the Chunky Time app or through other legally permissible means.

Assignment

You may not assign these Terms or any of your rights under these Terms without TinyCone’s written consent except to any successor by way of a merger, acquisition, or change of control. TinyCone may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.

Severability

If a particular provision of these Terms is found to be invalid or unenforceable, it will not affect the validity or enforceability of other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.

Waivers

Our failure to enforce a provision is not a waiver of it. TinyCone’s express waiver or failure to enforce any provision of these terms shall in no way be construed to be a present or future waiver of such provision nor affect our ability to enforce any provision thereafter.

Headings and Boxes

Headings used in these Terms and any explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any part of them.

Apple App Store Terms

The following applies because you obtained the App through the Apple App Store:

These Terms are between you and TinyCone only, not with Apple. TinyCone, not Apple, is solely responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services for the App.If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, including maintenance or support services for the App.

TinyCone, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation. In the event of a third-party claim that the App infringes that party’s intellectual property rights, TinyCone, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.

Entire Agreement

These Terms and other policies or terms referenced constitute the entire agreement between you and TinyCone with respect to the App. These Terms supersede any prior representations, agreements, or understandings between you and TinyCone, whether written or oral, with respect to the App, including previous versions of the Terms.

Contact Us

Questions about these Terms? Email us at team@chunkytime.app, or write to TinyCone LLC, 8401 Mayland Dr Ste A, Richmond, VA 23294-4648, USA.