These Terms of Use ("Terms") are a binding agreement between you and Boketto Studio LLC, an Illinois limited liability company ("Boketto," "we," "us," "our"), governing your use of the Boketto iOS application and any related services we make available (collectively, the "App"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.
You represent that (a) you are not located in a country that is subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
The App is anonymous. We do not require you to create an account or provide personal information to use it. Your use of the App is associated only with your installation on your device.
You are responsible for the device you use to access the App, including the security of that device, the operating-system updates installed on it, and any wireless or data charges your carrier may impose.
Subject to your compliance with these Terms, Boketto grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use a copy of the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use, and as further limited by the Apple Media Services Terms ("Usage Rules"). This is a license, not a sale. All rights not expressly granted are reserved.
You may not:
The App requests permission to access your Photos library so that it can analyze color and quality on your device and rank photos to match a target palette. You are responsible for ensuring that you have the right to grant the App access to the photos in your Photos library.
Boketto does not transmit your image bytes to Boketto's servers or to any third party as part of the App's normal operation. Details are described in our Privacy Policy.
The App may offer one or more auto-renewing subscriptions (collectively, "Boketto Pro") that unlock or extend features. The specific subscription title, billing period, and price are displayed in the App's paywall before you confirm a purchase.
By starting a subscription, you authorize Apple to charge the payment method on file for your Apple ID. The following terms apply to all subscriptions purchased through the App:
If you uninstall the App without cancelling, your subscription continues to renew until cancelled in the App Store.
The App uses third-party services to function, including Apple In-App Purchase / StoreKit (payments), RevenueCat (subscription management), PostHog (product analytics, if you consent), Sentry (crash reporting), and UserJot (feedback board, when you choose to open it). Your use of those services is governed by their own terms.
The App does not require you to submit content to Boketto. If you voluntarily provide ideas, suggestions, feature requests, bug reports, or other feedback (whether via email, the feedback board, App Store reviews, or otherwise), you grant Boketto a worldwide, royalty-free, irrevocable, perpetual license to use that feedback for any purpose, without restriction or compensation.
Content you post to our public feedback board (UserJot) is governed by UserJot's terms; you should not post confidential or sensitive personal information there.
The App, including its source code, design, user interface, graphics, text, and underlying technology, is owned by Boketto and its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. "Boketto" and the Boketto logo are trademarks of Boketto Studio LLC. Other names and marks are the property of their respective owners.
If you believe that material accessible through the App infringes your copyright, please send a notice meeting the requirements of 17 U.S.C. § 512(c) to [email protected].
We may, from time to time, release updates, bug fixes, and new versions of the App, and may change or discontinue features at any time without notice. Where Apple's update mechanism requires it, you may need to install an update to continue using the App.
You agree not to use the App to:
We may, without notice, suspend or terminate your access to the App if we reasonably believe you have violated these Terms.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOKETTO AND ITS LICENSORS DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, 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, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ITS RESULTS — INCLUDING RANKINGS, PALETTE MATCHES, OR ANY AESTHETIC JUDGMENTS — WILL MEET YOUR EXPECTATIONS. RESULTS ARE GENERATED BY AUTOMATED ALGORITHMS AND ARE FOR YOUR PERSONAL USE.
THE APP IS NOT INTENDED FOR USE IN ANY HIGH-RISK ACTIVITY OR ENVIRONMENT WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOKETTO OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL BOKETTO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US (OR TO APPLE FOR THE APP) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY U.S. DOLLARS (USD $50).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the smallest extent permitted by law.
You agree to defend, indemnify, and hold harmless Boketto and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your use of the App, (b) your violation of these Terms, or (c) your violation of any law or the rights of any third party.
These Terms apply for as long as you use the App. You may terminate them at any time by uninstalling the App and cancelling any active subscription. We may suspend or terminate your access at any time if we reasonably believe you have violated these Terms or if we discontinue the App. Sections that by their nature should survive termination (including Sections 7, 8, 11, 12, 13, 17, and 18) will survive.
You may not use, export, or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed country, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Department of Commerce Denied Persons List or Entity List.
These Terms, and any dispute arising out of or relating to them or the App, are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles. Subject to the arbitration agreement in Section 17, any action that may be brought in court must be filed in the state or federal courts located in Cook County, Illinois, and you and Boketto consent to the personal jurisdiction of those courts.
Please read this Section carefully. It affects your legal rights.
You and Boketto agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that (a) either party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and (b) either party may seek injunctive relief in court to protect intellectual-property rights.
The arbitration will take place in Cook County, Illinois, or, at your election, in your county of residence within the United States. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class action waiver. You and Boketto 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 or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.
Opt-out. You may opt out of this Section 17 by sending written notice to [email protected] within 30 days of first accepting these Terms. The notice must include your name and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
If any provision of this Section 17 is found unenforceable, the unenforceable provision will be severed and the remainder of the Section will remain in effect, except that the class action waiver is non-severable: if it is found unenforceable, the entire Section 17 will be unenforceable.
You acknowledge and agree that:
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top and, if changes are material, provide a more prominent notice in the App. Your continued use of the App after a change takes effect constitutes acceptance of the revised Terms.