Terms of Use

Version 2026-10-14.2. Last updated 14 October 2026.

1. About these terms

These terms are a contract between you and us. "We" and "us" mean the UK company that provides Failshot. Our contact details are in section 26.

These terms cover the Failshot apps for iPhone, Android and Mac, our website at failshot.app, email alerts, the web vault and Failshot for organisations. In these terms, "Failshot" means all of these together.

Our Privacy Policy explains how we handle personal data. An organisation that uses Failshot for organisations also agrees our Organisation Terms with us.

You accept these terms when you tick the box in the app and continue. If you don't accept them, don't use Failshot.

The current version is always at failshot.app/terms. If you sign in, we also email you a record of the version you accepted and when. These terms are available in English only.

Some sections apply only in certain situations. Section 20 applies if you use Failshot for a business. Section 21 applies if you got Failshot from Apple's App Store, and section 22 if you got it from Google Play. Section 23 applies only if you live in the United States.

2. Who can use Failshot

You may use Failshot only if:

• you're 18 or over;
• you can make a binding contract with us; and
• the law doesn't stop you using it, including sanctions and export laws of the UK, the EU, the UN and the United States.

You may install and turn on Failshot only on:

• a phone or Mac that you own, or have on a contract in your own name, and use yourself; or
• a device that an organisation owns or issues, where the organisation has authorised you to manage it with Failshot, has agreed our Organisation Terms, and has told everyone who uses the device that Failshot is on it before they use it.

Apart from an organisation's device as described above, you must not use Failshot on a phone or computer that belongs to someone else, or that someone else mainly uses, even if you know its passcode or password.

3. What Failshot does

What Failshot can do depends on your device:

• iPhone. You turn Failshot on and lock your phone while Failshot is open. If the phone is then unlocked and opens into Failshot, Failshot takes photos with the front camera. If you leave Failshot instead of locking the phone, it can't photograph anyone, and it tells you your phone isn't protected. Apple doesn't let any app see the Lock Screen or use the camera in the background, so on iPhone Failshot can't photograph a wrong passcode.
• Android. While Failshot is on, it photographs whoever unlocks the phone, with the front camera. It also takes a photo when someone enters a wrong PIN, pattern or password at the lock screen. It uses Android's device admin permission only to be told about wrong attempts, and about the unlock that follows one. It can't lock, wipe or change your phone.
• Mac. Failshot for Mac runs in the menu bar. While it's on, it photographs whoever unlocks the Mac, with the built-in camera. macOS doesn't let apps see the lock screen, so Failshot can't photograph a wrong password typed there.
• Switching off. Only you can switch Failshot off or see its photos: with your face or fingerprint on a phone, with Touch ID on a Mac, or with your own six-digit Failshot PIN. The device's own passcode or password is never enough. A wrong Failshot PIN takes another photo. If a new face or fingerprint is added to the device, Failshot asks for your PIN instead.
• Lockdown (iPhone and Android). Switching Failshot off then takes your face or fingerprint (if you've set one up), your Failshot PIN and the answer to a secret question, and every wrong try is photographed.

The photos. Each time, Failshot takes a photo as soon as the camera is ready. If that photo isn't clear, for example because the camera is covered or it's too dark, it tries again at random moments for a few seconds, and keeps the first clear photo, or the brightest one if none is clear. To decide, it checks on the device how bright each photo is; that check measures brightness only. If it's dark, the screen may light up to light the face (on Android, only while Failshot is on screen). If Failshot can't take a usable photo, for example because its camera access has been switched off, an email alert, if you use them, still tells you about the unlock and why there's no photo. On Android, switching off camera access stops Failshot until it's opened again: it emails you once that this has happened, and until then it can't photograph anyone, and it can only record an unlock that follows a wrong PIN, pattern or password.

Your own unlock. When you confirm it's you, Failshot deletes the photos of that unlock. It keeps them if a wrong Failshot PIN was entered first, or if an alert about that unlock has already been sent, so you can check them. On Android, a wrong PIN, pattern or password at the lock screen is photographed even if it was you, but Failshot holds back the alert about it, so it isn't sent if you then prove it's you. You can delete any photo yourself.

Never hidden. Failshot has no hidden mode, and it never takes photos in secret:

• On iPhone, a notice on the Lock Screen says Failshot is on. It stays on unless you switch it off, which takes your face or fingerprint or your Failshot PIN, and you can't switch it off while the phone shares photos with an organisation. Whether or not the notice is on, Failshot only takes photos on its own screen, after someone unlocks the phone into it, and iPhone shows its camera indicator while the camera is in use.
• On Android, a notification shows that Failshot is on whenever it is. Android requires it while Failshot can use the camera, and Failshot doesn't take photos without it. You can make it silent and hide it from the lock screen, which takes your fingerprint, face or Failshot PIN, but not while the phone shares photos with an organisation.
• On a Mac, the menu bar shows whether Failshot is on, and the camera light comes on whenever it takes a photo.

Optional features. These are off until you turn them on:

• Email alerts send you the photos and the time when someone else unlocks your device, or gets it wrong, and doesn't prove it's you. If there's no usable photo, the alert says why. Alerts also tell you if Failshot's camera access is switched off while it's on (on Android, that stops Failshot until it's opened again, and until then it can only record an unlock that follows a wrong PIN, pattern or password). You need to sign in to use them.
• The web vault keeps encrypted copies of photos online for a limited time, so you can see them in a browser if your device is lost or taken (section 11).
• Failshot for organisations lets an organisation's security team see photos from devices it owns or issues (section 12).

What Failshot doesn't do. Failshot doesn't detect, recognise or identify faces, and doesn't create face templates or any other biometric data. It doesn't record sound, video or your screen, and doesn't collect your location. It has no advertising and no tracking. Face ID, Touch ID and fingerprint checks are done by your device's operating system, which tells Failshot only whether the check passed.

Taking photos, Lockdown, email alerts and the web vault need Failshot Pro (section 8). Features may change over time (section 16).

4. Using Failshot lawfully and fairly

Failshot is for finding out who has got into, or tried to get into, your own phone or Mac. It's never a way to watch someone else: it must never be used to watch, track or control another person, or to collect information about them.

You must not:

• install or turn on Failshot on any device that section 2 doesn't allow, including a partner's, ex-partner's, family member's, child's, flatmate's, colleague's or employee's phone or computer;
• use Failshot to monitor, follow, stalk, harass, intimidate or control anyone;
• disguise the app or its icon, cover the camera's light or indicator, or use another app, a modified operating system or any other method to hide Failshot, or the fact that it's on, from the people who use your device. Switching off the iPhone Lock Screen notice in Failshot's own settings is allowed on your own phone;
• install Failshot on a device that a child uses, or use it in a way aimed at photographing children;
• use Failshot to monitor staff or colleagues. An organisation may use Failshot only through Failshot for organisations, on devices it owns or issues, after telling the people who use them (section 12);
• run Failshot photos through face recognition or face search services;
• publish or share photos to shame, threaten or embarrass anyone;
• break any law that applies to you, including laws on privacy, data protection, surveillance, harassment and photographing people;
• create or join a Failshot organisation unless you're acting for a genuine organisation that has agreed our Organisation Terms, or give an organisation's invite code to anyone outside that organisation;
• sign in with an email address that isn't yours, or use our sign-in or alert emails to send messages to people who haven't asked for them;
• try to get into anyone else's account, vault or photos, or to break or get around Failshot's security, encryption, rate limits or other protections;
• attack, overload or disrupt our service, or access it by any automated means other than the Failshot apps and website; or
• copy, change or reverse engineer Failshot, except as section 13 allows.

If you find a security weakness in Failshot, please tell us at support@failshot.app, and don't access or change any data that isn't yours.

5. The people Failshot photographs

Failshot photographs whoever is using your phone or Mac at the moments described in section 3. That can include someone who did nothing wrong, such as a friend who picked up your phone to pass it to you, a child, or you.

The photos are yours to look after, and you're responsible for them:

• Delete what you don't need. If a photo shows someone who used your device with your permission or by accident, delete it. Don't keep photos for longer than you need them.
• Keep them private. Share photos only where it's lawful and necessary, for example with the police, your insurer or a lawyer.
• Never share intimate images. If a photo shows someone undressed or in an intimate situation, delete it straight away. In the UK and many other places, sharing an intimate image of someone without their consent is a crime.
• Be careful what you conclude. A photo is not proof of what someone did. The time shown comes from your device's clock.
• Respect requests. If someone asks you to delete a photo of them, consider it fairly.

In the UK and the EU, data protection law doesn't usually apply to purely personal or household activities. It may apply to you if you use Failshot for work, share photos beyond your household, or use Failshot in other ways. If it does, you may have legal duties to the people photographed, such as telling them, keeping photos secure and deleting them when you no longer need them. In some places and situations, the law may also require you to tell people that they may be photographed, particularly if you've switched off the Lock Screen notice, and the notice may not be enough on its own. You're responsible for meeting these duties. We can't give you legal advice.

We can't see the photos on your device or in your vault. If someone contacts us about a photo they think you've taken, we may explain how Failshot works and, where we can identify your account, pass their request on to you.

6. Reporting misuse

If you think Failshot is being used to watch you or anyone else, or that our service holds unlawful content, tell us at support@failshot.app. Please include:

• what you think is wrong, and why;
• anything that helps us find the account involved, such as the email address it uses or an organisation's name;
• your name and email address, unless your report is about child sexual abuse material; and
• a statement that you believe your report is accurate and complete.

People, not algorithms, review every report. We'll look into it promptly and fairly, tell you what we decide, and may act under section 17. We don't scan or monitor content, and we can't see vault photos because they're encrypted, so we act on accounts rather than on individual photos. If we restrict someone's account, we'll tell them why, and they can reply to ask us to reconsider.

If Failshot is on a phone or computer you use and you didn't agree to it, you can remove it like any other app. On Android, first switch off its device admin permission in your phone's security settings. If you feel unsafe, contact the police or a support service before you do.

The address above is also our point of contact for users and for authorities, including under the EU Digital Services Act. We handle reports in English.

7. What Failshot can't promise

We work hard to make Failshot reliable, but no app can photograph every unlock or attempt. Failshot may not take a photo, or a usable one, for example if:

• your device's operating system, its battery or manufacturer settings stop it, or a permission it needs is switched off;
• on iPhone, the phone is unlocked without opening into Failshot;
• on a Mac, someone types a wrong password at the lock screen, which Failshot can't see;
• someone avoids Failshot in a way we haven't foreseen;
• the camera is covered, the light is poor, or the person isn't facing the screen; or
• the phone restarts, runs out of storage or battery, or an update changes how it works.

Email alerts and the web vault need an internet connection and rely on other services, including your email provider. An alert or upload may be delayed, filtered as spam, or not arrive.

Failshot is a tool for your own use. It isn't an alarm, a monitoring service, a tracking service or insurance, and it can't find, lock or wipe a lost device; use your device's own tools for that. We don't watch alerts, we never act on them, and we won't contact the police or anyone else for you. If you're in danger, or think a crime is happening, call the emergency services.

Failshot doesn't replace your device's own security. Keep a strong passcode or password, and keep it to yourself.

This section describes the limits of the technology. It doesn't take away your legal rights, including your right to digital content that's as described, fit for purpose and of satisfactory quality (sections 9 and 18).

8. Failshot Pro and payment

What's included. Failshot Pro includes switching Failshot on, Lockdown, email alerts and the web vault. The app shows what's included before you subscribe.

Price. In the App Store and Google Play, Failshot Pro costs £4.99 a month or £29.99 a year in the UK; elsewhere, the price is set in local currency, and Apple or Google shows you the price, including any tax, before you confirm. In the Mac and Windows apps you download from failshot.app, it costs £5.99 a month or £35.99 a year, VAT included, shown before you pay. You pay from the start: there's no free trial.

Early-bird price. If you subscribe in an app downloaded from failshot.app by the end of 31 October 2026 (UK time), you pay £3.99 a month or £23.99 a year, VAT included, for as long as your subscription continues without a break. If you cancel and later subscribe again, the price in force at that time applies. Price changes (below) don't apply to an early-bird price while it continues.

Automatic renewal. Your subscription renews automatically at the end of each month or year, at the price in force at the time, until you cancel. You're charged at or shortly before each renewal. On the App Store, your subscription renews unless you cancel at least 24 hours before the end of the current period.

How to cancel. You can cancel at any time:

• on iPhone: open Settings, tap your name, then Subscriptions, then Failshot, then Cancel Subscription;
• on a Mac: in the App Store, open your account settings, then manage your subscriptions;
• on Android: open the Google Play Store app, tap your profile picture, then Payments and subscriptions, then Subscriptions, then Failshot, then Cancel subscription;
• if you subscribed in an app downloaded from failshot.app: in Failshot, open Settings, then Subscription, then Manage, and cancel there.

Deleting the app, or your Failshot account, doesn't cancel your subscription. When you cancel, you keep Failshot Pro until the end of the period you've paid for.

When Failshot Pro ends. If your subscription ends, Failshot stops taking photos, sending email alerts and uploading to the web vault. Photos already on your device stay until you delete them. Photos already in your vault stay until they expire, after 7, 30 or 90 days as you chose, and you can still see and delete them. Your vault account stays until you delete it.

Who you pay. In the App Store or Google Play, Apple or Google takes the payment and manages renewals, cancellations and refunds under its own terms. In the apps you download from failshot.app, you pay us by card; our payment provider, Stripe, takes the payment and keeps your card details, and Stripe's own terms apply to the payment. We never see your full card details. One subscription covers every device you sign in to with the same email, however you paid.

Refunds. For the App Store, ask Apple at reportaproblem.apple.com. For Google Play, ask Google within 48 hours of the purchase; after that, contact us and we can refund you through Google Play. For a subscription you paid us for by card, contact us at support@failshot.app. Your legal rights to a refund aren't affected (section 9). If you're entitled to a refund and can't get it from Apple or Google, contact us and we'll arrange it.

Price changes. We may change our prices, for example because of changes in tax or costs. A new price never applies to a period you've already paid for. Before a higher price applies to your subscription, you'll be told in advance and, where the law or the store's rules require, asked to agree. If you don't want to pay it, you can cancel before it applies.

Organisation plans. Plans for organisations are sold directly by quote and invoice, under our Organisation Terms.

9. Cancelling, and your consumer rights

14 days to cancel. If you're a consumer in the UK or the EU, you can normally cancel a contract you make online within 14 days, without giving a reason. For digital content that you ask to receive straight away, the law ends that right once supply begins, if you agreed to that and acknowledged that you'd lose the right. Failshot Pro also includes ongoing services, such as email alerts and the web vault, so we don't rely on that rule for your subscription. Instead:

• the 14 days start when you subscribe;
• if you cancel within them, you'll get a refund of what you've paid, less a proportionate amount for any paid time you've already used, as the law allows; and
• to cancel in this period, use Apple's or Google's process, cancel in Failshot if you paid us by card, or contact us.

New UK subscription rules. New UK rules on subscription contracts are expected to come into force in 2027. They will give you further rights, including reminders before a free trial ends and before some renewals, and a further 14 days to cancel after a free trial turns into a paid subscription or after an annual subscription renews. When they're in force, you'll have those rights, and nothing in these terms limits them.

Your other rights. As a consumer you have other legal rights that these terms don't affect. In the UK, for example, digital content must be as described, fit for purpose and of satisfactory quality, and services must be provided with reasonable care and skill. If they're not, you may be entitled to a repair or replacement, a price reduction or a refund. Citizens Advice can tell you more at citizensadvice.org.uk. If you live in the EU, you also have the rights that the law of your country gives you.

10. Your account

You can use Failshot without an account. You need one for email alerts, the web vault and Failshot for organisations.

You can sign in with Apple, with Google, or with a link we email to you. Your account is linked to a verified email address. Use an address that's yours, and keep your email account secure, because anyone who controls it may be able to sign in as you.

For email alerts on their own, your account is held on your device as a sealed token, and we don't keep an account record. If you use the web vault or Failshot for organisations, we keep an account record on our servers. Our Privacy Policy explains what's in each.

Your sign-in on a device lasts about 13 months. After that, sign in again.

Deleting your account. In the app, go to Account, then Delete account, or see failshot.app/delete-account. Deleting your account:

• signs you out and stops email alerts;
• deletes your web vault and every photo in it, and removes you from any organisation you've joined;
• deletes any organisation for which you're the only admin, including its access to photos; and
• removes Failshot's access to your Apple account, if you used Sign in with Apple.

It doesn't delete photos on your devices, emails already in your inbox, or your subscription. Delete those photos in Failshot, and cancel your subscription with Apple or Google (section 8).

11. The web vault

The web vault is optional, and part of Failshot Pro. Once you've set it up and turned on saving photos to the vault, Failshot uploads photos at the same time as it would send an email alert, so you can see them at failshot.app/vault in a browser. It doesn't upload photos of an unlock you've confirmed was yours, and if you confirm it was you after they've been uploaded, it deletes them from the vault.

Encryption. Failshot encrypts each photo, and its details such as the time, on your device before uploading it. We store only encrypted data that we can't read. Only your vault key can open it, together with the key of any organisation you've joined (section 12).

Your keys. To set up the vault, you choose a vault password of at least 12 characters and add a second step to sign in: a passkey or an authenticator app code. You also get a recovery key and recovery codes. Keep them safe and separate from each other, for example in a password manager, and don't share them.

If you lose them. If you forget your vault password, you can use your recovery key to set a new one. If you lose both your vault password and your recovery key, nobody can open your vault photos again, including us. We can't make an exception, even if you prove who you are, because we don't have your keys. You can reset your vault, but that deletes every photo in it. You'll be asked to accept this when you set up the vault.

How long photos are kept. Vault photos are deleted automatically 30 days after they're uploaded, unless you choose 7 or 90 days. A change applies to photos uploaded after you make it. You can delete photos at any time, and deleting your vault or your account deletes all of them. The vault isn't a backup: save a copy of any photo you need to keep for longer, for example to give to the police.

Security emails. We email you about important changes to your vault's security, such as when it's set up, when your password, passkeys, authenticator or recovery details change, when your recovery key or a recovery code is used, when sign-in is locked, and when your vault is reset or deleted. We also send reset links. These emails are part of the service, so you can't turn them off while you have a vault.

Signing in. After repeated wrong attempts, we lock sign-in for a while to protect your vault. A session lasts up to 12 hours, and you need your password again if you reload the page.

If we stop offering the vault. We'll give you at least 30 days' notice by email, unless we have to stop sooner for legal or security reasons, so you can save any photos you want to keep.

12. Failshot for organisations

An organisation, such as an employer, can use Failshot for organisations on devices it owns or issues, under our Organisation Terms, which it agrees with us.

If you join an organisation. You join in the app with an invite code from the organisation. Before you join, the app shows you the organisation's name and what it will see. Once you've joined:

• photos from that device are also encrypted for the organisation, and its security team can see them;
• the organisation's admins get an email when a new photo is shared, without the photo;
• the app shows that photos are shared with the organisation's security team, and on iPhone the Lock Screen notice can't be switched off; and
• you can leave in the app at any time, although your organisation's own policies may require you to stay joined while you use its device.

Photos shared with an organisation are kept for your vault's period: 30 days after upload unless 7 or 90 days is chosen. Deleting a photo from your vault removes it for the organisation too. Your organisation's policies may set rules about this.

The organisation decides how the photos it receives are used, and is responsible for them under data protection law. We handle them only on its instructions. Ask your organisation how it uses them.

If you're an organisation's admin. You must be authorised to act for the organisation, including to accept the Organisation Terms. Keep your own vault secure, because the organisation's key is protected by your vault key. If every admin loses access to their vault, the organisation can't open its photos, and we can't restore that access.

Only organisations that have agreed our Organisation Terms may use these features, and only on devices they own or issue. Nobody may use them to receive photos from a personal phone or computer, or from a device used by a partner, a family member or anyone who isn't using it for the organisation.

13. Your licence to use Failshot

We give you a personal, non-exclusive, non-transferable licence to download, install and use the Failshot app on the devices section 2 allows, and to use our online services, for the purposes these terms allow. If you got the app from the App Store, section 21 also applies.

You may not copy, change, translate, sell, rent, lend, sublicense or distribute Failshot, or build a product that copies it. You may not reverse engineer, decompile or disassemble Failshot, except where the law allows you to, and only as far as it allows.

Some parts of Failshot, such as fonts, are open-source. Their own licences apply to them, and nothing in these terms limits your rights under those licences.

Your licence ends if these terms end (section 17).

14. Who owns what

We, or our licensors, own Failshot, including its software, design and text, and the Failshot name and logo. These terms don't give you any rights in them except the licence in section 13.

We don't own your photos. You give us permission to transmit and store them, encrypted in the case of the vault, only so we can provide the features you choose. That permission ends when they're deleted.

Feedback. If you send us ideas or suggestions, we may use them without paying you or owing you anything. Please don't send us anything confidential.

15. Other companies' services

Failshot works with services provided by other companies, including Apple, Google, your email provider, your mobile network and your password manager. Their own terms and policies apply to their services, and you must follow any of their terms that apply when you use Failshot, such as your mobile network's terms on data use. We're not responsible for how their services work, but this doesn't change our responsibility for Failshot under these terms.

16. Changes to Failshot and to these terms

Updates. We update Failshot to fix problems, improve security, keep it working with new versions of iOS and Android, and comply with the law. Some updates may be needed to keep using it, so keep the app up to date.

Changes that affect you. If we change Failshot in a way that has more than a minor negative effect on a feature you've paid for, we'll tell you at least 30 days in advance where we can. You can then end your subscription and get a refund for any period you've paid for and won't use.

Changes to these terms. We may change these terms to reflect changes in the law or regulators' guidance, changes to Failshot such as new features, changes to how Apple or Google run their stores, or to make them clearer. If a change matters, we'll tell you in the app, and by email if you have an account, before it takes effect, and the app will ask you to accept the new terms before you carry on. If you don't accept them, you can stop using Failshot, cancel your subscription and delete your account. If the change is to your disadvantage and you stop using Failshot because of it, you can get a refund for any period you've paid for and won't use. Small changes that don't affect your rights, such as correcting mistakes, take effect when we publish them.

If we stop offering Failshot. We may stop offering Failshot, or a feature, for example if it's no longer viable or Apple or Google no longer allow it. We'll give you at least 30 days' notice where we can, and you'll get a refund for any period you've paid for and won't be able to use.

17. Suspending or ending your use

You can stop using Failshot at any time. Delete the app, cancel your subscription with Apple or Google, and delete your account if you have one. On Android, you may need to switch off Failshot's device admin permission in your phone's security settings before you can delete the app.

We may suspend or end your access to our online services (sign-in, email alerts, the web vault and organisation features), and end your licence to use the app, if:

• you seriously or repeatedly break these terms, particularly section 4;
• we reasonably believe you're using Failshot to watch, harass or harm someone, or for fraud or another crime;
• the law requires us to, or a court, a regulator, Apple or Google requires us to; or
• your use puts the security of Failshot, or other people, at serious risk.

Before we act, we'll tell you why and, where the problem can be put right, give you a reasonable chance to do so. We won't give you advance notice where that would be unlawful, put someone at risk, or harm an investigation. In those cases we'll tell you as soon as we can.

If we end your access because you seriously broke these terms, we won't refund any period you've paid for, unless the law requires us to. If we end it for any other reason, you'll get a refund for any period you've paid for and won't be able to use.

When these terms end, you must stop using Failshot and delete the app. Sections that by their nature should continue, such as sections 5, 14, 18, 19, 23 and 24, continue to apply.

18. Our responsibility to you

What we're responsible for. If we break these terms or fail to use reasonable care and skill, we're responsible for loss or damage you suffer that's a foreseeable result. Loss or damage is foreseeable if it's obvious it will happen, or if, when you accepted these terms, both we and you knew it might happen. We're not responsible for loss or damage that isn't foreseeable.

What we don't limit. Nothing in these terms limits or excludes our liability for:

• death or personal injury caused by our negligence, or by the negligence of our staff or contractors;
• fraud or fraudulent misrepresentation;
• breaking your legal rights as a consumer, such as your rights to digital content that's as described, fit for purpose and of satisfactory quality, and to services provided with reasonable care and skill;
• breaking data protection law; or
• anything else the law doesn't allow us to limit or exclude.

Damage to your device. If Failshot damages your device, or other digital content you own, because we didn't use reasonable care and skill, we'll either repair the damage or pay you fair compensation. We won't be responsible for damage you could have avoided by installing a free update we told you to install, or by meeting the minimum system requirements we told you about.

Personal use. Failshot Pro is for personal use. If you use it for a business, we're not responsible to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Events outside our control. We're not responsible for delays or failures caused by events outside our reasonable control, such as changes Apple or Google make to their operating systems or stores, failures of the internet or mobile networks, or major power cuts. If that happens, we'll tell you as soon as we can and take steps to limit the effect. If a feature you've paid for stops working for a long time because of it, you can cancel and get a refund for the time you can't use it.

Your vault keys. We're not responsible for vault photos you can't open because you've lost both your vault password and your recovery key, as we have no way to recover them. We are responsible if photos are lost because we broke these terms or failed to use reasonable care and skill.

This section applies if you're a consumer. If you use Failshot for a business, section 20 applies instead. If you live in the United States, section 23 also applies.

19. If your misuse leads to a claim against us

If you break section 4, or the law, when you use Failshot, someone may make a claim against us because of it, for example a person you photographed. If that happens, you're responsible for the losses, damages and reasonable legal costs it causes us, to the extent your breach caused them. You're not responsible for anything we caused.

If you use Failshot for a business, or live in the United States, section 20 or section 23 also applies.

20. If you use Failshot for a business

This section applies if you use Failshot for the purposes of a trade, business, craft or profession, including on a device an organisation has issued to you. It applies instead of sections 9 and 18, which are for consumers. If an organisation has agreed our Organisation Terms, they govern our relationship with that organisation.

• Failshot is provided as it is, and to the fullest extent the law allows, all terms implied by law are excluded.
• We're not liable to you for any loss of profit, revenue, business, goodwill, anticipated savings or data, or for any indirect or consequential loss.
• Our total liability to you, in contract, tort (including negligence) or otherwise, for all claims in any 12-month period is limited to the greater of £100 and the total you paid for Failshot in that period.
• Nothing in this section limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, under data protection law to you as an individual, or for anything else the law doesn't allow to be limited.
• You will indemnify us, which means you'll pay us for, any loss, damages and reasonable legal costs we incur from a claim by anyone else arising from your breach of section 4 or the law, except to the extent we caused it.
• The courts of England and Wales have exclusive jurisdiction over any dispute.

21. If you got Failshot from the App Store

These terms are the licence agreement for the Failshot app that Apple's App Store terms refer to. You and we agree that:

• These terms are between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your licence to use the app is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions. It may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing. Section 2 also applies.
• We alone are responsible for providing maintenance and support for the app, as these terms say or as the law requires. Apple has no obligation at all to provide maintenance or support for the app.
• We alone are responsible for any product warranties, whether express or implied by law, to the extent they're not effectively disclaimed. If the app fails to conform to any applicable warranty, you may tell Apple, and Apple will refund the purchase price of the app, if any, to you. To the maximum extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are our responsibility.
• We, not Apple, are responsible for dealing with any claims by you or anyone else about the app or your possession or use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. These terms don't limit our liability to you beyond what the law allows.
• If anyone claims that the app, or your possession and use of it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
• You confirm that you're not located in a country that is subject to a US Government embargo or that the US Government has designated as a "terrorist supporting" country, and that you're not listed on any US Government list of prohibited or restricted parties.
• Questions, complaints or claims about the app should be sent to us (section 26).
• You must comply with any third-party terms that apply when you use the app, such as your mobile network's terms.
• Apple and Apple's subsidiaries are third-party beneficiaries of these terms. When you accept these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

22. If you got Failshot from Google Play

These terms are between you and us, not Google. Google isn't responsible for the app, its content, its support or these terms, and has no liability under them. Google Play's own terms apply to your use of Google Play and to purchases you make through it, including how you cancel a subscription and ask Google for a refund. Section 8 explains how to cancel, and how to get a refund from us through Google Play.

23. If you live in the United States

This section applies if you live in the United States. It applies in addition to the rest of these terms, and where they conflict, this section applies.

23.1 Disclaimer. To the fullest extent the law allows, Failshot is provided "as is" and "as available". Apart from the promises in these terms, we make no warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that Failshot will photograph every unlock or attempt, or that it will be uninterrupted or error-free.

23.2 Limits on liability. To the fullest extent the law allows, we won't be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data or goodwill, arising from or relating to Failshot or these terms. To the fullest extent the law allows, our total liability for all claims arising from or relating to Failshot or these terms is limited to the greater of US$100 and the amount you paid for Failshot in the 12 months before the event giving rise to the claim. These limits don't apply to liability that the law doesn't allow to be limited.

23.3 Claims caused by your misuse. To the extent the law allows, you'll defend and indemnify us against any claim by anyone else that arises from your breach of section 4, or from your breaking any law or anyone's rights. That means you'll pay our losses, damages and reasonable legal costs from the claim. This doesn't apply to the extent the claim was caused by our negligence or misconduct. We'll tell you about any such claim, and we may take part in the defence with our own lawyers at our own cost.

23.4 Disputes: please read this carefully. It requires you and us to settle most disputes by binding individual arbitration, and it stops you and us from bringing class actions. You can opt out within 30 days (see 23.4(i)).

• (a) Talk to us first. Before starting arbitration or a small claims case, you or we must send the other a written notice of the dispute, with the name and contact details of the person making the claim, a description of the dispute and what is wanted. Send yours to support@failshot.app. We'll send ours to the email address on your account, if we have one. We'll both try in good faith to settle the dispute for 60 days after the notice is received. Any time limit for the claim is paused during those 60 days.
• (b) Arbitration. If the dispute isn't settled, any dispute, claim or controversy between you and us arising from or relating to these terms, Failshot or our Privacy Policy will be resolved by binding individual arbitration, not in court. You and we each give up the right to a trial by jury and the right to have the dispute decided by a judge.
• (c) Exceptions. Either of us may instead bring an individual claim in small claims court if it qualifies and stays there. This section doesn't stop you from bringing a matter to the attention of a government agency. It doesn't apply to any dispute that federal law, including the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, says cannot be required to be arbitrated. If the law doesn't allow a claim for public injunctive relief to be arbitrated or waived, that claim may be brought in court after the arbitration of all individual claims, and will be paused until then.
• (d) Rules and costs. The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and, where they apply, its Mass Arbitration Supplementary Rules, in force when the arbitration starts (see adr.org). If the AAA can't or won't administer it, we'll agree another provider, or a court will appoint one. We'll pay all filing, administration and arbitrator fees, except that if you start the arbitration you'll pay the consumer filing fee the rules require (no more than US$225 under the AAA's current fee schedule), which we'll repay to you if your claim is for US$10,000 or less. Each of us pays our own lawyers' fees, unless the arbitrator awards them under the law that applies to the claim. The arbitrator may award fees and costs against a party whose claim or defence was frivolous or brought for an improper purpose, as the rules allow.
• (e) Hearings. Claims of US$25,000 or less are decided on written submissions, unless you ask for a hearing or the arbitrator decides one is needed, as the AAA's rules provide. Hearings take place by video or phone, unless we both agree, or the arbitrator decides, that one should be in person, in which case it will take place in the county where you live. The arbitrator applies the law that applies under section 23.5, may award any individual remedy a court could, and must give a written decision. The decision binds only you and us, and any court with jurisdiction may enter judgment on it.
• (f) No class actions. You and we may each bring claims only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims, or preside over any form of class or representative proceeding, and may award relief only in favour of the individual party seeking it and only to the extent needed for that party's individual claim. If a court decides that this paragraph (f) can't be enforced for a particular claim or remedy, that claim or remedy (and only that one) will be decided by a court, after the arbitration of any individual claims, and it must not be arbitrated as a class.
• (g) Mass arbitration. If 25 or more similar claims are brought against us by, or with the help of, the same or coordinated lawyers or organisations, the AAA's Mass Arbitration Supplementary Rules apply, and the claims will be administered in batches as those rules provide. Any time limit for a claim is paused while it waits to be administered. Nothing in this paragraph limits any party's right to pursue an individual claim.
• (h) Changes. If we change this section 23.4 after you've accepted it, we'll tell you at least 30 days before the change takes effect. You may reject the change by emailing support@failshot.app within those 30 days, in which case the version you last accepted continues to apply to you. A change never applies to a dispute that either of us had already notified to the other before the change took effect.
• (i) Opting out. You can opt out of arbitration and the class action waiver by emailing support@failshot.app within 30 days after you first accept these terms, with your name, the email address on your account (if any) and a clear statement that you want to opt out of arbitration. You only need to do this once: if you opt out, you stay opted out under later versions of these terms. Opting out doesn't affect any other part of these terms.
• (j) Who decides. The arbitrator decides whether a dispute falls within this section 23.4. A court, not the arbitrator, decides whether this section 23.4 is valid and enforceable, and any dispute about paragraphs (c), (f), (g), (h) or (i).
• (k) Courts. Any dispute that isn't arbitrated, including if you opt out, will be decided only by the state or federal courts for the county where you live, and you and we consent to their jurisdiction.
• (l) Severance. If any part of this section 23.4, other than paragraph (f), is found unenforceable, the rest of it still applies. This section 23.4 continues to apply after these terms end.

23.5 Governing law. The Federal Arbitration Act governs section 23.4. Apart from that, these terms are governed by the laws of the US state where you live, without regard to conflict of laws rules. Nothing in these terms takes away any protection your state's law gives you that can't be given up by contract.

23.6 California. Under California Civil Code section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23.7 New Jersey. If you live in New Jersey, sections 18, 19, 23.1, 23.2 and 23.3 apply only to the extent New Jersey law allows, and nothing in them limits your rights under the New Jersey Consumer Fraud Act or the Truth-in-Consumer Contract, Warranty and Notice Act.

24. Complaints, law and courts

Complaints. If you're unhappy with Failshot, please tell us first at support@failshot.app, and we'll try to put things right. When we tell you the outcome of a complaint, we'll also tell you about any alternative dispute resolution that's available to you. For complaints about personal data, see our Privacy Policy.

Law. If you live outside the United States, these terms are governed by the law of England and Wales. If you live in Scotland, Northern Ireland or the EU, you also keep the protection of the mandatory laws of where you live.

Courts. You can bring a claim against us in the courts of England and Wales. If you live in Scotland, you can also bring it in the Scottish courts, and if you live in Northern Ireland, in the courts of Northern Ireland. If you live in the EU, you can bring it in the courts of the country where you live. Section 20 applies if you use Failshot for a business, and section 23 if you live in the United States.

25. Other important terms

• Transfer. We may transfer our rights and obligations under these terms to another organisation, for example if Failshot is sold. We'll tell you, and we'll make sure the transfer doesn't reduce your rights. If you're unhappy with it, you can end your subscription and get a refund for any period you've paid for and won't use. You may transfer your rights only if we agree in writing.
• Who else can enforce these terms. Apple and its subsidiaries can enforce them as section 21 says. Otherwise, nobody else has any rights under these terms, including under the Contracts (Rights of Third Parties) Act 1999.
• If part of these terms is invalid. If a court decides that part of these terms is unlawful or unenforceable, the rest stays in force.
• Delay. If we don't insist straight away that you do something, we can still insist later.
• Messages. We'll contact you in the app or, if you have an account, by email. You can contact us by email.

26. Contact us

Questions, complaints or claims about Failshot should come to us, not to Apple or Google.

• Help, complaints and reports: support@failshot.app
• Privacy: privacy@failshot.app