Effective date: October 3, 2026
Version: 2.3
Application: Shutter Scout (the "App")
Licensor: Steven Smith, doing business as Shutter Scout ("we," "us," "our," or "Licensor")
Contact: support@shutterscoutapp.com
IMPORTANT — PLEASE READ CAREFULLY
THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND STEVEN SMITH D/B/A SHUTTER SCOUT GOVERNING YOUR USE OF THE SHUTTER SCOUT APPLICATION AND ANY ASSOCIATED SERVICES, DATA, CONTENT, WIDGETS, NOTIFICATIONS, AND UPDATES (COLLECTIVELY, THE "APP").
BY TAPPING "I AGREE," BY INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE APP AND DELETE IT FROM YOUR DEVICE.
THE APP IS A PLANNING AND INFORMATION TOOL FOR PHOTOGRAPHERS. IT IS NOT A SAFETY DEVICE, NAVIGATION SYSTEM, EMERGENCY SERVICE, MEDICAL DEVICE, OR SCIENTIFIC INSTRUMENT.
THIS AGREEMENT CONTAINS: CRITICAL SAFETY WARNINGS AND AN ASSUMPTION OF RISK (SECTION 7); DISCLAIMERS FOR CAMERA/AUGMENTED-REALITY AND ARTIFICIAL-INTELLIGENCE FEATURES (SECTIONS 8–9); A COMPLETE DISCLAIMER OF WARRANTIES (SECTION 17); STRICT LIMITATIONS OF LIABILITY (SECTION 18); A RELEASE OF CLAIMS (SECTION 19); AND A DISPUTE-RESOLUTION SECTION WITH A BINDING ARBITRATION CLAUSE, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER (SECTION 21), INCLUDING YOUR RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS.
1. ELIGIBILITY AND AUTHORITY
You must be at least thirteen (13) years old (or the higher minimum age required in your jurisdiction) to use the App. If you are under the age of majority where you live, you may use the App only with the consent and supervision of a parent or legal guardian who agrees to be bound by this Agreement on your behalf. By accepting this Agreement you represent that: (a) you meet these requirements; (b) you have the legal capacity and authority to enter into this Agreement; and (c) you are not barred from using the App under any applicable law, including the export and sanctions laws described in Section 25.
2. LICENSE GRANT
Subject to your continuous compliance with this Agreement, Licensor grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on Apple- or Google-branded devices that you own or control, solely for your own personal, non-commercial use, and in accordance with the applicable App Store or Google Play terms of service (including the Usage Rules in the Apple Media Services Terms and Conditions).
This is a license, not a sale. Licensor and its suppliers retain all right, title, and interest in and to the App not expressly granted to you.
3. OWNERSHIP AND INTELLECTUAL PROPERTY
The App, including all software, source code, algorithms, prediction engines and scoring models, text, editorial content, briefing and field-guide writing, designs, layouts, graphics, icons, fonts, sounds, the "Shutter Scout" name, logo, and marks, and all related intellectual property, is owned by Licensor or its licensors and is protected by United States and international copyright, trademark, trade-secret, and other intellectual-property laws. © 2026 Steven Smith. All rights reserved.
Third-party data, imagery, fonts, and models incorporated into or accessed by the App remain the property of their respective owners and are used under their respective licenses and terms (see Section 15). Nothing in this Agreement transfers any ownership interest to you. Any unauthorized use of the App or its content may result in irreparable harm to Licensor for which monetary damages are inadequate, and Licensor is entitled to seek injunctive and other equitable relief in addition to all other remedies.
4. LICENSE RESTRICTIONS
You agree that you will not, and will not permit any third party to:
(a) copy, modify, adapt, translate, or create derivative works of the App except as permitted by law;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or algorithms of the App, except to the limited extent applicable law expressly permits despite this limitation;
(c) rent, lease, lend, sell, sublicense, distribute, transfer, or commercially exploit the App or provide it as a service to third parties;
(d) remove, alter, or obscure any proprietary notices, labels, or marks;
(e) use the App, its outputs, or its underlying data feeds to build, train, fine-tune, or improve a competing product, service, dataset, or machine-learning model, or to scrape, harvest, or systematically extract data or content;
(f) use the App in any manner that violates any applicable law, regulation, or third-party right, or that could damage, disable, overburden, or impair the App or any connected servers or networks;
(g) circumvent, disable, or interfere with any security, rate-limiting, or access-control feature of the App or its data providers;
(h) use the App on a device you do not own or control, or on a jailbroken or rooted device (any such use is at your sole risk); or
(i) make the App available over a network where it could be used by multiple devices at the same time, except as the platform's family-sharing features expressly allow.
5. UPDATES AND CHANGES TO THE APP
Licensor may, but is not obligated to, provide updates, upgrades, bug fixes, patches, or new versions of the App, and this Agreement governs all of them unless they come with separate terms. The App may download data, models, and configuration in the background. Licensor may modify, suspend, limit, or discontinue the App or any feature, data feed, model, alert, or service, in whole or in part, at any time, with or without notice, and without any liability to you. Features described in marketing materials, release notes, or this Agreement may change or be removed. You are responsible for keeping your device's operating system current; the App may stop working on outdated systems.
6. THIRD-PARTY DATA, FORECASTS, AND PREDICTIONS — NO WARRANTY OF ACCURACY
The App aggregates, computes, and displays information from third-party sources and from its own on-device calculations, including but not limited to: weather forecasts, cloud cover, visibility, smoke, and air quality; tide predictions and water temperature; ocean, surf, and marine conditions; space-weather and geomagnetic data (Kp index, solar wind, interplanetary magnetic field, hemispheric power, substorm signals, auroral oval probability); astronomical calculations (sun, moon, twilight, the Milky Way, stars, planets, comets, meteor showers, deep-sky objects); light-pollution estimates; sunset and sunrise color scoring ("Emberlight"); rainbow likelihood; bioluminescence potential; landmark bearings, distances, and elevations; and AI-generated written guidance.
ALL SUCH INFORMATION IS PROVIDED FOR GENERAL PLANNING AND ENTERTAINMENT PURPOSES ONLY, ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MAY BE INACCURATE, INCOMPLETE, DELAYED, OUT OF DATE, MISLABELED, OR UNAVAILABLE. Forecasts and predictions are inherently uncertain and are frequently wrong; space-weather, aurora, comet, Emberlight, and bioluminescence predictions in particular are probabilistic estimates, not promises. Third-party feeds (including but not limited to NOAA, the National Weather Service, NASA, JPL, Open-Meteo, and others) may change, fail, rate-limit, or return erroneous data outside our control. Data may be estimated, interpolated, cached, or synthesized when live sources are unavailable, and while the App attempts to label stale or fallback data, it does not guarantee it will always do so correctly. Scores, verdicts, and ratings (including any "GO," quality grades, or percentages) are opinions generated by software, not statements of fact.
You acknowledge that you must not rely on the App as your sole or authoritative source for any decision, and that you are solely responsible for independently verifying conditions through official sources before acting.
7. SAFETY — ASSUMPTION OF RISK AND CRITICAL WARNINGS
THE APP ENCOURAGES AND ASSISTS OUTDOOR, NIGHTTIME, REMOTE, COASTAL, WINTER, AND TRAVEL-BASED PHOTOGRAPHY, WHICH IS INHERENTLY DANGEROUS. YOU USE THE APP AND ENGAGE IN SUCH ACTIVITIES ENTIRELY AT YOUR OWN RISK.
By using the App, you expressly acknowledge, understand, and agree that:
(a) Night and remote-location photography involves serious risks including falls, cliffs, uneven terrain, hypothermia and exposure, heat, storms, lightning, flash floods, avalanche, wildlife, getting lost, loss of cell service, vehicle breakdown, crime, and other hazards. The App's suggestion of a location, window, target, or route does not represent that any place is safe, legal to access, open, or free of hazard.
(b) Coastal, tide, surf, and bioluminescence features direct users toward beaches, tidepools, sea stacks, jetties, and shorelines. Tides, sneaker waves, rip currents, rising water, slippery rocks, logs in surf, and unstable cliffs can cause serious injury or death. Tide predictions are estimates for reference stations and do not account for storms, surge, wind, waves, or local conditions. Never turn your back on the ocean, know your exits, and never rely on the App to keep you out of the water.
(c) Chase Mode, driving, and navigation. Some features may be used while pursuing aurora or conditions, which may involve driving. Do not operate, watch, or interact with the App while driving. Any routing, distance, bearing, or travel-time information is approximate and for planning only; it is not turn-by-turn navigation and may be wrong. Obey all traffic laws, closures, and posted signs. Never drive distracted, fatigued, or into unsafe conditions. If you use the App in a vehicle, you are solely responsible for doing so lawfully and safely, including any hands-free requirements.
(d) Eyes and equipment — the sun. Emberlight and other features relate to photographing near sunrise and sunset. Never look directly at the sun, and never view the sun through a camera viewfinder, telephoto lens, binoculars, or telescope without certified solar filters — doing so can cause instant, permanent eye damage and can destroy camera sensors. The App provides no solar-viewing safety guidance, and nothing in it is a representation that any solar, eclipse, or sun-adjacent photography is safe.
(e) Night vision, Red Light mode, and screen effects. Red Light and night-vision features change screen brightness and color; they do not make it safe to move in the dark, do not replace a proper light source, and may reduce your ability to see hazards. Screen use at night impairs dark adaptation. Some displays, animations, and radar or aurora visualizations may include motion or flashing that could affect photosensitive individuals — discontinue use if you experience discomfort, dizziness, or seizures and consult a physician.
(f) Space-weather and other alerts (including aurora, substorm, tide, king-tide, weather, lightning, and Emberlight notifications) are not emergency alerts, are not guaranteed to be generated or delivered, may be delayed, throttled by the operating system, or false, and must never be relied upon for any safety-critical, health, aviation, maritime, power-grid, agricultural, or operational purpose. Widgets and complications may display stale data.
(f-1) Lightning features are NOT a lightning-safety warning system. The lightning map layer and lightning proximity alerts exist to help you photograph storms from a safe distance — never to tell you it is safe to be outside. Detection networks miss strikes, misplace strikes, and report late; checks run on an interval, alerts are throttled, and delivery is never guaranteed; the monitored position is your last location from when the App was open, which may be far from where you are now. The absence of an alert never means no lightning. If you can hear thunder or see lightning, you are within striking distance — follow official guidance (indoors or a metal-topped vehicle, wait 30 minutes after the last thunder), and never use the App as a reason to stay exposed. You assume all risk of injury or death from lightning.
(g) Wildlife, lands, and law. You are solely responsible for complying with all laws and rules wherever you shoot, including park hours and closures, permits and commercial-photography rules, drone/UAS regulations, wildlife-protection and marine-mammal distance rules, dark-sky-site etiquette, tribal and private-property rights, fire restrictions, and trespass laws. The App marking, naming, or scoring a location is not permission to enter it.
(h) Your device. Extended use of the camera, screen (including Live View's keep-awake behavior), GPS, and sensors drains battery quickly and generates heat; cold weather can shut phones down without warning. Do not let the App leave you in the dark or without a working phone — carry independent light and navigation. You are responsible for any cellular-data, roaming, or carrier charges incurred by the App's data use, which can be significant when chasing conditions in remote areas.
(i) The App is not a substitute for official warnings, ranger guidance, park rules, weather-service advisories, tide tables, marine forecasts, avalanche bulletins, or your own judgment. You are responsible for your own safety and the safety of anyone with you, including minors and pets.
YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE APP AND ANY ACTIVITY YOU UNDERTAKE IN CONNECTION WITH IT, WHETHER OR NOT DESCRIBED ABOVE, AND WHETHER ARISING FROM THE APP BEING WRONG, LATE, UNAVAILABLE, OR MISLEADING, OR FROM ANY OTHER CAUSE.
8. CAMERA, SENSORS, AND AUGMENTED-REALITY FEATURES
Features such as Live View overlay computed sky information (for example the position and path of the moon, and landmark markers) on your device's live camera image using the compass, gyroscope, accelerometer, and GPS.
(a) Sensor error is normal. Magnetometer headings are commonly wrong by several degrees or more and are affected by tripods, vehicles, magnets, phone cases, buildings, and local anomalies. GPS elevation and position may be substantially off. Overlays, bearings, alignment moments, and "the moon will be there" indications are estimates and may be wrong even after manual calibration. Verify with your own eyes before committing to a shot, a hike, or a location.
(b) Look up from the screen. Composing through an AR overlay at night while standing on rocks, cliffs, beaches, or roadsides is dangerous. Stay aware of your surroundings, footing, traffic, water, and other people. Do not walk while watching the overlay.
(c) Camera privacy. The Live View camera image is processed on your device for display only; it is not recorded, stored, or transmitted by the App. You are responsible for complying with any laws about pointing cameras at people or property.
(d) Sensor-based features may be unavailable, degraded, or inaccurate on some devices, and may stop functioning after OS updates. They are provided under the same disclaimers and liability limits as the rest of the App.
9. ARTIFICIAL-INTELLIGENCE FEATURES
Certain features — including "Ask Scout," AI-generated briefings, summaries, field-guide and coaching text, and any other machine-generated content — use artificial-intelligence and machine-learning models, which may run on your device (including models downloaded from third-party repositories such as Hugging Face) or, where you have configured it, through a third-party AI service using your own key or endpoint.
(a) AI output can be wrong. AI-generated content may be inaccurate, incomplete, outdated, fabricated ("hallucinated"), biased, or misleading, even when it sounds confident, and may occasionally be inappropriate or offensive despite our efforts. It is generated by statistical models, not by a person, and is not reviewed by a human before you see it.
(b) No professional advice. AI output and all other App content are general information, not legal, medical, financial, safety, meteorological, or other professional advice, and no professional–client or fiduciary relationship is created. Do not rely on AI output for any decision affecting safety, health, property, finances, or legal rights — verify independently.
(c) Your responsibility. You are responsible for evaluating any AI-generated content before relying on or sharing it, and for your use of any content the App generates. To the extent Licensor holds any rights in AI output shown to you, you are granted a non-exclusive license to use it for personal, non-commercial purposes; you acknowledge similar or identical output may be generated for others.
(d) Third-party models and services. AI models and services are provided by third parties under their own licenses and terms, may change or be discontinued at any time, may have usage limits, and may process the prompts you send them (for bring-your-own-key configurations) under the third party's privacy terms, not ours.
(e) AI features are provided under the same "AS IS" disclaimers, limitations of liability, and release as the rest of the App, and may be modified, limited, or removed at any time.
10. PERMISSIONS, DEVICE FEATURES, AND NOTIFICATIONS
The App may request permissions such as location (to compute local conditions), camera (for Live View), motion/fitness or sensor access (for AR overlays), and notifications (for alerts). You may decline or revoke any permission in system settings; the App will keep working where it can, but affected features will be degraded, inaccurate, or unavailable, and Licensor has no liability for that degradation. Notification delivery depends on Apple/Google services, your settings, Focus modes, Low Power Mode, and network conditions, and is not guaranteed. Background refresh may be throttled by the operating system, causing stale data in the App and widgets.
11. FEES, PURCHASES, AND FUTURE CHANGES
The App is free to download and use for its core briefing. An optional upgrade, Shutter Scout Pro, unlocks the App's premium features (which currently include the full Today briefing, Sky Tonight, Darklight and tides, the Night Sky Planner, Live View and the alignment tools, the Emberlight forecast map, Aurora Command, Substorm and Chase Mode, Sky Cover, and all push alerts other than the free daily briefing). The specific set of features included in Pro may change over time.
Pro is offered as an auto-renewable subscription (billed monthly or yearly) or as a one-time "Lifetime" purchase, at the prices shown in the App and in the applicable store. A subscription automatically renews for the same period at the then-current price unless you turn off auto-renew within the period required by that store; your store account is charged according to its renewal terms. If a subscription includes a free trial, any unused portion may be forfeited when you purchase Pro and, unless you cancel before the trial ends, the subscription converts to paid automatically. You can manage or cancel your subscription and turn off auto-renew in your App Store or Google Play account settings. The one-time Lifetime purchase is not a subscription and does not renew.
Where you own Shutter Scout on more than one Apple platform under the same Apple ID, a Lifetime purchase made on one Apple platform unlocks Pro on the other via your private iCloud account; purchases do not transfer between Apple and Google store accounts. Per-period subscriptions apply to the platform on which they were purchased. All purchases are processed by the applicable store operator under its terms; billing, refunds, and cancellation are handled by that store, and except where the law or the store's terms require otherwise, all fees are non-refundable. Licensor reserves the right to change or remove fees, subscription terms, in-app purchases, feature tiers, or usage limits at any time on prospective effect, and nothing you pay entitles you to any particular feature's continued existence.
12. BETA AND PRE-RELEASE VERSIONS
If you receive the App or any feature through TestFlight or another beta channel, it is a pre-release version that may be unstable, may contain more errors than a released version, may write incorrect data, and may stop working at any time (including via expiration). Beta versions are provided strictly "AS IS" for testing, are subject to the additional terms of the beta platform, and may include features that never ship. All disclaimers, limitations, and releases in this Agreement apply with full force to beta versions.
13. FEEDBACK
If you submit ideas, suggestions, bug reports, screenshots, sample photos, or other feedback about the App ("Feedback"), you grant Licensor a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and incorporate that Feedback for any purpose, without compensation, attribution, or obligation to you. You represent that you have the right to grant this license. Licensor is free to use or ignore any Feedback.
14. USER CONDUCT
You agree to use the App only for lawful purposes and in accordance with this Agreement. You will not use the App to harass, stalk, or surveil any person; to trespass; to harm wildlife or protected places; or in connection with any activity that is dangerous to others. You are solely responsible for your conduct and for any content you capture or create while using the App.
15. THIRD-PARTY SERVICES, DATA, AND MODELS
The App accesses and depends on third-party services and public data feeds, including without limitation NOAA / National Weather Service and NOAA SWPC (weather and space-weather data), NOAA CO-OPS (tides and water temperature), NASA and NASA JPL (imagery and ephemerides), Open-Meteo (weather, marine, air-quality, and elevation data), COBS (comet observations), RainViewer (radar imagery), NASA/Goddard Scientific Visualization Studio (Deep Star Maps 2020 Milky Way imagery, public domain), the Yale Bright Star Catalogue (star positions and colours), OpenStreetMap contributors and map/geocoding providers, Apple and/or Google platform services (push notifications, location, maps, search), and Hugging Face (AI model downloads). Your use of these services through the App may be subject to their own terms and licenses. Licensor does not control and is not responsible for third-party services or data; their availability, accuracy, and content may change or cease at any time; and Licensor is not liable for any third-party service or any consequence of its failure, error, or discontinuation. Any links or references to third-party sites or resources are provided for convenience only and are not endorsements.
16. PRIVACY
Your use of the App is also governed by the Shutter Scout Privacy Policy, which is incorporated into this Agreement by reference and describes what limited data the App handles and how. In short, the App is designed to work without accounts and without advertising or tracking SDKs; read the Privacy Policy for the details that control.
17. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL DATA, CONTENT, FORECASTS, PREDICTIONS, SCORES, OVERLAYS, ALERTS, AI OUTPUT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR AND ITS SUPPLIERS AND DATA PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
LICENSOR DOES NOT WARRANT THAT: (a) THE APP WILL MEET YOUR REQUIREMENTS; (b) THE APP OR ANY DATA, ALERT, OR OUTPUT WILL BE ACCURATE, RELIABLE, TIMELY, COMPLETE, UNINTERRUPTED, SECURE, OR ERROR-FREE; (c) ANY DEFECTS WILL BE CORRECTED; OR (d) THE APP OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS REPRESENTATIVES, AND NO AI OUTPUT, SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION REQUIRED BY LAW.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS OWNER, FAMILY MEMBERS, HEIRS, AFFILIATES, CONTRACTORS, LICENSORS, SUPPLIERS, OR DATA PROVIDERS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST OR DAMAGED EQUIPMENT, DAMAGED CAMERA SENSORS, DEVICE DAMAGE, DATA CHARGES, TRAVEL COSTS, MISSED SHOTS OR OPPORTUNITIES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE APP, ITS DATA, ITS OVERLAYS, ITS ALERTS, ITS AI OUTPUT, YOUR RELIANCE ON ANY OF THEM, OR ANY ACTIVITY YOU UNDERTAKE IN CONNECTION WITH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) FIVE U.S. DOLLARS (US $5.00).
THESE LIMITATIONS APPLY EVEN TO CLAIMS FOR PERSONAL INJURY OR DEATH TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT FULLY APPLY TO YOU; IN SUCH CASE, THE RELEASED PARTIES' LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LICENSOR AND THAT THE APP WOULD NOT BE PROVIDED WITHOUT THEM.
19. RELEASE AND WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION OF EVERY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR ANY ACTIVITY UNDERTAKEN IN CONNECTION WITH IT, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF ANY RELEASED PARTY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." IF YOU RESIDE ELSEWHERE, YOU WAIVE ANY SIMILAR STATUTE OR DOCTRINE TO THE FULLEST EXTENT PERMITTED BY LAW.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the App; (b) your violation of this Agreement or any law or third-party right; (c) any activity you undertake in connection with the App, including where you take others with you; or (d) any injury, death, or property damage suffered by you or any third party in connection with your use of the App. Licensor reserves the right, at your expense, to assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate.
21. DISPUTE RESOLUTION — ARBITRATION, CLASS-ACTION WAIVER, GOVERNING LAW
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
(a) Informal resolution first. Before filing any claim, you agree to contact Licensor at support@shutterscoutapp.com with a written description of the dispute and give Licensor thirty (30) days to try to resolve it informally.
(b) Binding arbitration. Except as provided in (c), any dispute, claim, or controversy arising out of or relating to this Agreement or the App that is not resolved informally shall be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this clause. The arbitration shall be conducted in English, by a single arbitrator, by videoconference or documents-only where the rules allow, or in the county where you reside. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, not a court, decides all issues except that a court decides the enforceability of the class-action waiver.
(c) Exceptions. Either party may bring an individual claim in small-claims court, and Licensor may seek injunctive or equitable relief in court for infringement or misuse of intellectual property or for unauthorized access.
(d) CLASS-ACTION WAIVER. ALL PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) SHALL PROCEED IN COURT.
(e) JURY-TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
(f) 30-day opt-out. You may opt out of the arbitration and class-waiver provisions of this Section by emailing support@shutterscoutapp.com within thirty (30) days of first accepting this Agreement, with the subject "Arbitration Opt-Out" and your install date. Opting out does not affect any other part of this Agreement.
(g) Governing law and venue. This Agreement is governed by the laws of the State of Oregon, United States, without regard to its conflict-of-laws principles, and, where applicable, by the federal laws of the United States. For any matter not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Oregon. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
(h) Time limit. To the extent permitted by law, any claim must be brought within ONE (1) YEAR after it arises, or it is permanently barred.
22. TERM, TERMINATION, AND SUSPENSION
This Agreement is effective until terminated. It terminates automatically and immediately if you breach any term. Licensor may also terminate or suspend this Agreement, the App, or your access to any feature or service at any time, for any reason or no reason, with or without notice, and without liability. You may terminate at any time by deleting the App. Upon termination, the license granted to you ends, you must cease all use and delete all copies, and Sections 3, 4, 6–9, and 13–26 (and any other provision that by its nature should survive) shall survive.
23. FORCE MAJEURE
Licensor shall not be liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, severe space weather (yes, really), pandemics, war, terrorism, civil unrest, labor disputes, power or internet failures, platform or cloud outages, changes to third-party data feeds or APIs, or acts of government.
24. APPLE AND GOOGLE APP-STORE TERMS
This Agreement is between you and Licensor only — not with Apple Inc. or Google LLC (each, an "App-Store Operator"). The App-Store Operators are not responsible for the App or its content and have no obligation to furnish maintenance or support (Licensor's own obligations, if any, are as stated in this Agreement — and maintenance and support are not promised). In the event of any failure of the App to conform to an applicable warranty, you may notify Apple and Apple will refund any purchase price you paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation, and all other claims are governed by this Agreement. The App-Store Operators are not responsible for addressing any claims by you or any third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, consumer-protection claims, or intellectual-property claims. You must comply with the applicable App-Store Operator's terms of service. The App-Store Operators and their subsidiaries are third-party beneficiaries of this Agreement with the right to enforce it against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government restricted-party list.
25. U.S. GOVERNMENT END USERS; EXPORT
The App is "commercial computer software" and related documentation; U.S. Government end users acquire it with only those rights granted to all other end users. You agree to comply with all applicable U.S. and international export-control and sanctions laws and will not export, re-export, or use the App in violation of them.
26. GENERAL
Entire Agreement. This Agreement, together with the Shutter Scout Privacy Policy, constitutes the entire agreement between you and Licensor regarding the App and supersedes all prior or contemporaneous understandings, communications, and representations.
Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable (or severed if it cannot be), and the remaining provisions remain in full force.
No Waiver. Failure or delay in enforcing any provision is not a waiver of the right to enforce it later.
Assignment. You may not assign or transfer this Agreement or the license. Licensor may assign this Agreement freely, including in connection with any sale, merger, or transfer of the App.
No Third-Party Beneficiaries. Except for the Released Parties (for the disclaimers, limitations, release, and indemnity) and the App-Store Operators as stated in Section 24, there are no third-party beneficiaries of this Agreement.
Electronic Agreement. You consent to contracting electronically, and to receiving any notices about the App or this Agreement electronically, including inside the App or by update notes. Your tap of "I Agree" has the same legal effect as a handwritten signature.
Interpretation. Headings are for convenience only. "Including" means "including without limitation."
Changes to this Agreement. Licensor may revise this Agreement from time to time. Material changes will be indicated by updating the Effective Date and version above and, where appropriate, by presenting the revised Agreement in the App for re-acceptance. Your continued use after changes take effect constitutes acceptance of the revised Agreement.
27. RECORD OF ACCEPTANCE
When you tap "I Agree," the App records that you accepted this Agreement, including the Agreement version and the date and time of acceptance, keyed to an anonymous per-install identifier. This record exists so that both you and Licensor have evidence of the terms you agreed to. See the Privacy Policy for how this record is handled.
28. CONTACT
Questions about this Agreement, copyright or DMCA concerns, and legal notices may be sent to:
Steven Smith d/b/a Shutter Scout
Email: support@shutterscoutapp.com
By installing or using Shutter Scout, you acknowledge that you have read and understood this Agreement — including the assumption of risk, disclaimer of warranties, limitation of liability, release, arbitration clause, and class-action waiver — and agree to be bound by it.