Terms of Service

These Terms of Service (“Terms”) govern your use of the AspectTake mobile application (“the App”, “AspectTake”) published by Nixmio (“we”, “us”, or “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. The App

AspectTake is a camera app for iPhone that records one session into two separate, synchronized video files: a portrait 9:16 video and a landscape 16:9 video. The App runs entirely on your iOS device, stores its data locally, and does not require an account.

2. License

Subject to your compliance with these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the App on Apple devices that you own or control, in accordance with the Apple Media Services Terms and Conditions and the usage rules in Apple's App Store Terms.

3. Purchase and refunds

AspectTake is sold as a one-time paid download on the Apple App Store. There are no subscriptions, in-app purchases, or recurring charges.

• Pricing and currency are presented before purchase and are governed by Apple's App Store Terms.
• Your purchase is tied to your Apple Account. You can re-download the App on devices signed in to that account without paying again, subject to Apple's rules (including Family Sharing where enabled).
• The App verifies your purchase on your device using Apple's StoreKit framework. If the App Store reports that a purchase was refunded or revoked, the App may stop functioning until a valid purchase is restored.
• Refunds are handled exclusively by Apple. We cannot issue refunds directly. To request a refund, contact Apple using the procedure at support.apple.com/HT204084.
• We may add, remove, or change features at our discretion. If a material change significantly reduces the value of the App you already purchased, we will use reasonable efforts to notify you in the App.

4. Acceptable use

You agree not to:

• reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except where applicable law permits;
• modify, adapt, or create derivative works of the App;
• remove, obscure, or alter any proprietary notices in the App;
• use the App in any unlawful manner or in violation of any applicable law or regulation;
• use the App in a way that could damage, disable, overburden, or impair Apple's services or any third-party services the App relies on.

5. Recordings and your responsibility

You own the videos you record with AspectTake, and you are solely responsible for them. In particular, you are responsible for:

• complying with the recording, wiretapping, and privacy laws that apply where you record, including obtaining any consent required from people whose image or voice you capture;
• the content of your recordings and how you use, publish, or share them;
• respecting the intellectual-property and personality rights of others.

We have no access to your recordings and no responsibility for how they are used.

6. Saving, storage, and backups

Finished videos are saved to your Photo Library using Apple's add-only Photos permission. If saving fails, the App keeps the files locally so you can retry. Recording and saving depend on factors outside our control, including your device's free storage, thermal state, battery, permissions, interruptions such as incoming calls, and iOS itself. The App shows storage estimates and warns about low space, but these are approximations. You are responsible for ensuring sufficient storage and for backing up videos that matter to you. We do not guarantee that any recording will complete, be saved, or be preserved.

7. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY RECORDING OR DATA WILL BE PRESERVED. YOU USE THE APP AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you in full.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NIXMIO, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP. THIS INCLUDES, WITHOUT LIMITATION:

• lost, corrupted, incomplete, or unsynchronized recordings, or a recording session where one or both output files fail for any reason;
• missed moments or opportunities you intended to capture;
• loss of recordings, preferences, or any other data stored on your device;
• any damage to your device or any other person's device.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US (THROUGH APPLE) FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, IF YOU PAID NOTHING, USD 5.00.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations may not apply to you in full. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Nixmio and its affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of: (a) your use of the App; (b) your recordings and how you use or share them; (c) your violation of these Terms; or (d) your violation of any third-party right or applicable law.

10. Third-party services

The App relies on services provided by Apple Inc., including the App Store, StoreKit purchase verification, and the Photos library. Your use of those services is also subject to Apple's terms and privacy policies. We are not responsible for the acts, omissions, availability, or content of third-party services.

11. Termination

These Terms remain in effect while you use the App. You may terminate them at any time by deleting the App. We may suspend or terminate your license to use the App at any time, without notice, if we reasonably believe you have violated these Terms or if continued availability of the App becomes commercially or legally impractical. Sections that by their nature should survive termination (including Sections 5, 7, 8, 9, 13, and 14) will survive.

12. Apple-specific terms

You and we acknowledge that these Terms are between you and Nixmio, not with Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

13. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which Nixmio is established, without regard to its conflict-of-laws rules. To the extent permitted by applicable law, you agree that any dispute arising out of or in connection with these Terms or the App will be resolved exclusively in the courts of that jurisdiction. Nothing in this section deprives you of the protection of mandatory consumer-law rules in your country of residence.

14. Marketing website (aspecttake.nixmio.com)

These Terms also apply to your use of the AspectTake marketing website. The website is for general information about the App and may use cookies as described in our Privacy Policy. You agree not to misuse the website (for example by attempting to disrupt services or submitting unlawful content). Website content is provided “as is” without warranty.

15. Changes to these terms

We may update these Terms from time to time. The “Last updated” date at the top of this document indicates when the Terms were last revised. Material changes will be surfaced in the App or on this page. You are responsible for reviewing these Terms periodically; continued use of the App after changes are posted constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms, contact us at hello@nixmio.com .