Terms of Service.

01About these terms

These Terms of Service ("Terms") apply to every app published by Skylarks (skylarks.io), the independent app studio of Przemek Skowronek, based in Poland ("Skylarks", "we", "us"), currently Fadeless, Lumen, SMUDGE, VOID, Stride and Pizzapp, on iPhone, iPad, Mac and Apple Watch, and to the skylarks.io website.

By downloading or using our apps, you agree to these Terms and to Apple's Licensed Application End User License Agreement (the "Apple Standard EULA"). If these Terms and the Apple Standard EULA conflict, these Terms apply, except where the Apple Standard EULA gives you more rights. Our Privacy Policy explains how we handle your data.

These Terms are between you and Skylarks only, not with Apple. Skylarks, not Apple, is solely responsible for our apps and their content.

02Your license

We give you a personal, non-exclusive, non-transferable license to use our apps on Apple devices that you own or control, as allowed by the Usage Rules in the App Store Terms of Service. Where an app supports Family Sharing, family members can use it under the same rules. You may not rent, lend, sell, redistribute or sublicense our apps.

03Free features, subscriptions and purchases

Our apps are free to download. Some features are free with limits, such as a watermark, a cleanup allowance or ads. Other features require a paid upgrade, offered as an auto-renewable subscription, a one-time lifetime purchase or another one-time purchase. What each option includes and its price are shown in the app before you pay.

• Payment. Payment is charged to your Apple Account when you confirm the purchase. Apple processes all payments.
• Auto-renewal. Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before it ends. Your Apple Account is charged for renewal within 24 hours before the end of the current period.
• Free trials. If a subscription includes a free trial, it converts to a paid subscription when the trial ends unless you cancel at least 24 hours before. Any unused part of a trial ends when you buy a subscription.
• Managing and cancelling. Manage or cancel subscriptions in Settings > your name > Subscriptions on iPhone and iPad, or in your App Store account settings on Mac. Paid features stay active until the end of the period you paid for.
• Lifetime purchases. A lifetime purchase is a one-time payment that unlocks the listed features for as long as we offer and support the app. There is nothing to cancel.
• Restoring. You can restore purchases on your other devices signed in with the same Apple Account, using Restore Purchases in the app.
• Price changes. We may change prices. Apple will tell you about subscription price changes and, where required, ask for your consent before they apply.
• Refunds. Refunds are handled by Apple at reportaproblem.apple.com, under Apple's policies. We cannot issue refunds ourselves.
• Consumers in the EU and UK. Paid features are digital content supplied immediately after purchase. By completing a purchase, you agree to immediate supply and acknowledge that you lose your right of withdrawal once it starts, except where Apple's policies or the law give you more rights.

04Your content

Your photos, videos, recipes, presets, workouts and other content remain yours. Our apps process your content on your device, and we do not receive it or claim any rights to it.

You are responsible for the content you edit, save and share, and for having the right to do so. That includes respecting the privacy, image rights and copyright of others when you edit or share photos and videos of other people.

Some apps can delete photos and videos, such as VOID. Deletions happen only after you confirm them, and deleted items stay in Recently Deleted in the Photos app for 30 days. You are responsible for choosing what to delete, and we recommend keeping a backup of photos and videos that matter to you.

05AI and automated results

Some apps use machine-learning models that run on your device to restore, enhance, colorize, detect or analyse photos and videos. These results are automatic estimates:

• Restored faces and colors are generated by models and can differ from the real person, place or object. Compare results with the original and keep what looks right to you.
• Detection can miss faces, heads or licence plates, or cover the wrong area, especially in small, dark, blurry or fast-moving footage. Check every result before you share it. If you need guaranteed anonymisation, for example for legal, regulatory or safety reasons, review every photo and frame yourself.
• Suggestions such as similar, duplicate or blurry photos are recommendations only. You make the final decision.

Do not use automated results as evidence of what a person or event looked like, or to identify people.

06Health and fitness

Stride and any other fitness features are for general fitness and timing only. They are not medical devices and do not give medical advice. Heart rate and other readings come from your devices and may be inaccurate. Talk to a doctor before you start a new exercise program, listen to your body, and stop if you feel pain, dizziness or shortness of breath. You exercise at your own risk.

07Recipes and food

Pizzapp and any other food features give calculations, recipes and nutrition estimates as guidance only. Results depend on your ingredients, equipment and environment. Follow food safety practices, check ingredients for allergens, and take care with hot ovens, steels and stones. Nutrition values are estimates and are not dietary or medical advice.

08Games and online play

Online play, such as duels in Lumen, runs on Apple Game Center, and Apple's terms for Game Center also apply. Play fairly: do not cheat, exploit bugs, use automated tools or harass other players. Your Game Center display name is visible to the players you play with. We may limit features for anyone who breaks these rules.

09Advertising

Free, ad-supported versions of some apps show ads provided by third parties, such as Google AdMob. We are not responsible for the content of ads or for the products, services or websites they link to. Upgrading or buying Remove Ads, where offered, turns ads off.

10Acceptable use

When using our apps and website, you agree not to:

• use them for anything illegal, or to harm, harass or violate the rights of others;
• copy, modify, reverse engineer, decompile or disassemble them, except where the law allows it;
• bypass or interfere with purchases, limits, watermarks, ads or security features;
• extract the machine-learning models or other assets inside our apps;
• use them to create or share content that is unlawful, deceptive or that misrepresents real people.

11Intellectual property

Our apps, including their design, code, models, text, graphics and names, belong to Skylarks or its licensors and are protected by law. Some apps include open-source components, which are licensed under their own terms. If you send us feedback or ideas, we may use them to improve our apps without owing you anything.

12Third-party services

Our apps work with services from third parties, such as Apple (App Store, Photos, Apple Health, Game Center), Google (AdMob), Mixpanel and RevenueCat. Your use of those services may also be subject to their own terms and privacy policies. You must comply with any applicable third-party terms, such as your mobile data or network provider's terms, when using our apps.

13Updates and availability

We may update our apps, add or remove features, change system requirements or stop offering an app. Some features need a recent version of iOS, iPadOS, macOS or watchOS. We will try to give notice before removing a paid feature you rely on, but we do not guarantee that any app or feature will always be available.

14Warranty

Our apps are provided "as is" and "as available". To the extent permitted by law, we do not promise that they will be error-free, uninterrupted or suitable for a particular purpose. Nothing in these Terms limits warranties or rights that you have as a consumer under the law and that cannot be excluded.

If an app fails to conform to any warranty that applies, you may notify Apple, and Apple will refund the purchase price for that app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for our apps. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are the sole responsibility of Skylarks.

15Limitation of liability

To the extent permitted by law, Skylarks is not liable for indirect, incidental, special or consequential damages, or for the loss of data, photos, videos, profits or goodwill, arising from your use of our apps. This includes photos or videos you chose to delete or to share. Our total liability for any claim is limited to the amount you paid for the app concerned in the 12 months before the claim.

These limits do not apply to liability for death or personal injury caused by our negligence, for fraud, for intentional misconduct or gross negligence, or to any other liability that cannot be limited by law.

16Product claims and support

Skylarks, not Apple, is responsible for addressing any claims by you or any third party relating to our apps or your use of them, including product liability claims, claims that an app fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.

If a third party claims that an app or your use of it infringes their intellectual property rights, Skylarks, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.

Skylarks, not Apple, provides maintenance and support for our apps. Apple has no obligation to provide any maintenance or support. For help, see the support page of each app or email contact@skylarks.io.

17Legal compliance

You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

18Apple as third-party beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

19Ending these terms

You can stop using our apps at any time by deleting them. Your license ends automatically if you break these Terms. When it ends, you must stop using the app and delete it. Sections that by their nature should continue, such as those on intellectual property, warranty and liability, continue after these Terms end.

20Governing law and disputes

These Terms are governed by the laws of Poland. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring claims in the courts of that country. Otherwise, disputes are decided by the competent courts in Poland. Before going to court, please contact us. Most problems can be solved by email.

21Changes to these terms

We may update these Terms when our apps or the law change. We will change the "Last updated" date at the top of this page, and for important changes we will also tell you in the app or on our website. If you keep using our apps after a change, the updated Terms apply.

22Contact

Skylarks, Przemek Skowronek, Poland
Email: contact@skylarks.io