Terms of Service
1. Acceptance of Terms
By downloading, installing, or using Imgport ("the App"), you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not download, install, or use the App.
These Terms constitute a legally binding agreement between you and ToTheTower Labs LLC, a California company ("we," "us," or "our"). You represent that you are at least 16 years of age (or the age of majority in your jurisdiction, whichever is greater) and have the legal capacity to enter into this agreement. If you are under 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. Description of Service
Imgport is a batch image utility that runs entirely on your device. It converts photos between formats (including HEIC to JPG, PNG, and WebP), resizes and compresses images, and removes embedded metadata such as GPS location and camera details. The App processes only the photos you select, writes new output files to the destination you choose, and never modifies your originals.
The App operates fully offline — it does not have permission to access the internet and cannot transmit your photos or any other data. A subset of features ("Pro features") is available through an optional one-time in-app purchase (see Section 4).
Feature availability may depend on your device. In particular, HEIC conversion relies on your device's built-in media codecs; on devices without HEIC support, that feature is disabled and the rest of the App remains fully functional.
3. User Responsibilities
You agree to use the App only for lawful purposes. You are solely responsible for:
- The images you process. You represent that you own or have the necessary rights to any images you process with the App, and that your use does not infringe the rights of any third party or violate any applicable law.
- Verifying outputs. Image processing involves format conversion and, at your chosen settings, lossy compression. You are responsible for reviewing output files — including their quality, dimensions, and metadata state — before relying on them, and for retaining your original photos until you are satisfied with the outputs. The App never deletes or modifies your originals.
- Your device and backups. You are responsible for maintaining your device and for backing up your photos. The App is not a backup tool and keeps no copies of your images.
- Compliance with law. You may not use the App to process images whose possession or distribution is unlawful, or to remove metadata for the purpose of committing fraud, evading legal obligations, or misrepresenting the provenance of an image in violation of applicable law.
You may not reverse engineer, decompile, or disassemble the App except to the extent such restriction is prohibited by applicable law, and you may not redistribute, sublicense, or resell the App or any part of it.
4. Purchases and Billing
4.1 Pro Features
Imgport offers optional Pro features available through a one-time in-app purchase — not a subscription. Pro features currently include unlimited batch size, one-pass custom workflows, saved presets, batch output renaming, target-file-size compression, and batch metadata stripping. We reserve the right to modify which features are included in the free and Pro tiers at any time; changes will not remove Pro entitlement from users who have already purchased.
4.2 Billing
All purchases are processed through the Google Play Store. By making a purchase, you also agree to Google Play's Terms of Service. We do not directly process, store, or have access to your payment information. Completing or restoring a purchase requires your device to have internet connectivity, which is used by the Google Play Store app — the App itself holds no network permission; all other features work fully offline.
4.3 Refunds
Refund requests are handled by the Google Play Store in accordance with their refund policies. We do not process payments or refunds directly.
4.4 Restoring Purchases
Your Pro entitlement is tied to your Google account. If you reinstall the App or move to a new device, use "Restore purchases" in the App's Settings or paywall to re-activate Pro at no charge. Locally saved presets and settings are stored per-installation and do not transfer between devices or survive uninstallation.
4.5 Price Changes
We reserve the right to change the price of the Pro upgrade at any time. Price changes will not affect users who have already completed their purchase.
4.6 EU Right of Withdrawal
If you are a consumer in the European Economic Area, you have a 14-day right of withdrawal from digital purchases under the Consumer Rights Directive (2011/83/EU). By completing your purchase through Google Play, you expressly consent to the immediate supply of the digital content and expressly acknowledge that you thereby lose your right of withdrawal once the download or access begins, in accordance with Article 16(m) of the Directive. Google Play's refund policy provides additional protections beyond this statutory minimum.
4.7 California Automatic Renewal Disclosures
The Pro upgrade is a one-time purchase and is not a subscription or automatic renewal. To the extent any future offering constitutes an automatic renewal or continuous service under California Business and Professions Code §§17600–17606, we will: (a) present the automatic renewal offer terms in a clear and conspicuous manner before the subscription is fulfilled, (b) obtain your affirmative consent, and (c) provide an acknowledgment that includes the automatic renewal terms, cancellation policy, and information on how to cancel.
5. Intellectual Property
5.1 Our Rights
The App, including its software, design, text, and graphics (but excluding your images and third-party components), is owned by ToTheTower Labs LLC and protected by copyright, trademark, and other intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on Android devices that you own or control, for personal or internal business use.
5.2 Your Content
You retain all rights to your images. We claim no ownership of, and — because the App is offline — never receive, any image you process. No license to your content is granted to us by your use of the App.
5.3 Third-Party Components
The App includes open-source software components and bundled fonts, each used under its respective permissive license (MIT, BSD, Apache-2.0, or SIL Open Font License). A complete list with license texts is available in the App under Settings → Open-source components. These Terms do not modify your rights or obligations under those licenses.
5.4 Feedback
If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
6. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF DEFECTS;
- OUTPUT FILES WILL MEET YOUR REQUIREMENTS FOR QUALITY, SIZE, OR FORMAT COMPATIBILITY WITH THIRD-PARTY SOFTWARE;
- METADATA REMOVAL WILL BE COMPLETE IN EVERY CASE. The App is designed and tested to remove EXIF metadata (including GPS data) from output files, but no software can be guaranteed defect-free. If metadata removal is critical to your safety or legal position, independently verify outputs with a metadata inspection tool before sharing them.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER IN THE EU OR UK, YOU RETAIN ALL MANDATORY STATUTORY GUARANTEES UNDER YOUR NATIONAL LAW, INCLUDING CONFORMITY REMEDIES FOR DIGITAL CONTENT UNDER DIRECTIVE (EU) 2019/770.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT SHALL ToTheTower Labs LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA (INCLUDING LOSS OF OR DAMAGE TO IMAGES), LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) TEN U.S. DOLLARS ($10).
(c) THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE A CONSUMER IN THE EU OR UK, NOTHING IN THESE TERMS AFFECTS YOUR MANDATORY STATUTORY RIGHTS.
You acknowledge that the pricing of the App reflects the allocation of risk in this Section, and that these limitations are an essential basis of the bargain between you and us.
8. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ToTheTower Labs LLC and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of any applicable law or the rights of any third party; or (c) images you process with the App, including claims that such images or your use of them infringes or misappropriates the rights of any third party.
This Section does not apply to consumers in jurisdictions where such indemnification obligations are unenforceable against consumers.
9. Dispute Resolution
9.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at the email address in Section 19 and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved this way.
9.2 Binding Arbitration
IF INFORMAL RESOLUTION IS UNSUCCESSFUL, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT. The arbitration shall be conducted in the State of California, County of Sacramento, or at your election, by telephone, online, or based solely on written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Delegation: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether any claim is subject to arbitration. This delegation provision shall be governed by the Federal Arbitration Act.
The AAA Consumer Arbitration Rules are available at https://www.adr.org/industries/consumer. If the AAA is unavailable or unable to administer the arbitration, the parties shall agree on an alternative arbitration provider, or a court shall appoint one. The arbitrator shall apply California substantive law consistent with the Federal Arbitration Act (9 U.S.C. §§1–16).
We will pay all arbitration fees and costs beyond the initial filing fee required of you by the AAA Consumer Arbitration Rules, regardless of the amount of your claim. For claims of $10,000 or less, we will also pay your initial filing fee.
9.3 Class Action and Representative Action Waiver
YOU AND ToTheTower Labs LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO WAIVE ANY RIGHT TO BRING A REPRESENTATIVE ACTION UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT ("PAGA") OR SIMILAR REPRESENTATIVE ACTION STATUTES IN OTHER JURISDICTIONS. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND LITIGATED IN COURT WHILE ALL OTHER CLAIMS REMAIN IN ARBITRATION.
9.4 Mass Arbitration Procedures
If twenty-five (25) or more similar arbitration demands are filed against us within a sixty (60) day period by or with the assistance of the same law firm, organization, or group of law firms ("Mass Filing"), the following procedures shall apply: (a) the AAA (or the applicable arbitration provider) shall randomly select no more than ten (10) demands from the Mass Filing for initial bellwether proceedings; (b) all other demands in the Mass Filing shall be stayed and their filing fees held in abeyance pending resolution of the bellwether proceedings; (c) the parties shall engage in a single mediation session following resolution of the bellwether proceedings, with the results informing a global resolution of the remaining demands; (d) if mediation is unsuccessful, the remaining demands shall proceed in sequential batches of no more than ten (10) at a time. This provision does not prevent any individual claimant from filing an individual arbitration demand outside of a Mass Filing. The statute of limitations and any filing fee deadlines shall be tolled for demands that are stayed under this provision.
9.5 Exceptions
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for disputes within the court's jurisdiction; or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
9.6 Opt-Out
You may opt out of the arbitration and class action waiver provisions in Sections 9.2 and 9.3 by sending written notice to our contact email within thirty (30) days of first downloading or using the App. Your notice must include your name, address, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the courts specified in Section 14.
9.7 EU/UK Users
If you are a consumer in the European Economic Area or United Kingdom, Sections 9.2 and 9.3 do not apply to you. You retain any mandatory rights to bring proceedings in the courts of your country of residence. You may also access the European Commission's consumer dispute resolution resources at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en.
9.8 Thirty-Day Right to Cure
For any claim you have against us, you agree to provide us with written notice and a thirty (30) day opportunity to cure the issue before pursuing arbitration or litigation.
10. Time Limitation on Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO BRING A CLAIM WITHIN THIS PERIOD CONSTITUTES A PERMANENT WAIVER OF THAT CLAIM. This limitation does not apply where a longer limitations period is mandated by applicable law that cannot be shortened by agreement, including claims by EU/UK consumers subject to mandatory limitation periods under their national law.
11. Data and Privacy
The App is designed so that your photos and personal data never leave your device — it does not have permission to access the internet. Our privacy practices are described in the Imgport Privacy Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy regarding data practices, the Privacy Policy controls.
12. Third-Party Components
The App incorporates open-source software and fonts under permissive licenses (MIT, BSD-3-Clause, Apache-2.0, and SIL OFL-1.1). The complete list, with versions and license texts, is available in the App under Settings → Open-source components. Your use of those components within the App is governed by their respective licenses. The App's purchases are processed by Google Play, whose terms govern that relationship (Section 4.2).
13. Termination
These Terms remain in effect while you use the App. You may terminate them at any time by uninstalling the App. We may terminate or suspend your license if you materially breach these Terms and, where the breach is curable, fail to cure it within a reasonable time after notice.
Because the App runs entirely on your device, termination by us takes the form of license revocation; we have no technical ability to remotely disable the App or delete your data. Sections that by their nature should survive termination (including Sections 5, 6, 7, 8, 9, 10, and 14) survive.
Uninstalling the App deletes its local settings and presets. Your Pro purchase record remains with your Google account and can be restored on reinstallation (Section 4.4).
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration provisions of Section 9. Subject to Section 9, any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Sacramento County, California, and the parties consent to personal jurisdiction there.
If you are a consumer in the EU or UK, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in your local courts.
15. Export Compliance
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. You agree to comply with all applicable export and re-export control laws in your use of the App.
16. Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or failures of third-party platforms (including the Google Play Store).
17. General Provisions
- Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements on that subject.
- Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force.
- Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- No Third-Party Beneficiaries. These Terms do not create rights in any third party, except that Google is a third-party beneficiary of Section 4.2 to the extent required by Google Play's developer policies.
- Notices. We may provide notices through the App's store listing or these documents; you may provide notice by email to the address in Section 19.
- Language. These Terms are drafted in English. Any translation is provided for convenience; the English version controls to the extent permitted by applicable law.
18. Changes to These Terms
We may revise these Terms from time to time. Material changes will be reflected by an updated "Last Updated" date and, where appropriate, notice in the App or its store listing. Changes apply prospectively from their effective date. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms; if you do not agree, your remedy is to stop using and uninstall the App.
19. Contact
For questions about these Terms:
ToTheTower Labs LLC 2108 N ST #15629 Sacramento, CA, United States Email: info@tothetowerlabs.com