Terms and Conditions

We’re Qeepa (“we”, “us”, or “our”), the trading name of Julian Stephens, a sole trader based in Sydney, under ABN 87196498634, and these Terms and conditions (our “Terms”) form a legally binding agreement between you and us.

Qeepa is sold through our reseller, Lemon Squeezy (qeepa.lemonsqueezy.com), which acts as the merchant of record for your purchase and handles payment processing, invoicing, and sales tax on our behalf. Your transaction with Lemon Squeezy is also subject to Lemon Squeezy’s buyer terms. We remain the licensor of the App under our Software Licence.

About Our Services

Qeepa is a photo management tool that allows you to rate and sort through your photos.

Key Definitions

“Services” means all products and services provided by us that link to these Terms, including our website; our application (“Qeepa”, our “App” or “Application”); and the content provided, generated, or made available for or in relation to our Services (our “Materials”).

“You” (“your”, the “customer”, or the “user”) means any individual using our Services, including any employees, agents, contractors, or other persons accessing our Services with your authorisation.

“Using our Services” means interacting with our Services in any way, including: accessing, browsing, providing or transmitting any other information, content, materials, or instructions through our Services, integrating with our Services, or doing so directly or through automated tools, scripts, software, or third-party applications.

Agreement to These Terms

By using our Services, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced and expressly incorporated within, and you consent to electronic communications and contracting as permitted under applicable laws. If you do not agree, you may not use our Services.

By using our Services, you acknowledge and agree that:

• you have the legal capacity to enter into these Terms or, if you are under the age of majority where you live, a parent or guardian has agreed to them on your behalf; and if you are representing an organisation or other legal entity, you have the authority to bind that entity;
• the information you provide to us is, and will remain, accurate, complete, and current;
• and you are not located in, ordinarily resident in, or organised under the laws of any jurisdiction subject to comprehensive sanctions or embargoes, and you are not a blocked, denied, or otherwise restricted party under applicable sanctions or export control lists.

If you do not meet these requirements, you must not use our Services.

Conditions of Use

By using our Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• Modify, copy, prepare derivative works of, decompile, or reverse engineer any Materials, software, or content provided through our Services, without prior written permission from us.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notations on any Materials, software available through our Services.
• Transfer, distribute, or “mirror” any part of our Services’ Materials to another server or person without explicit authorisation from us.
• Use our Services in a manner that knowingly or negligently disrupts or abuses our networks or any other services provided by us.
• Transmit, distribute, or post any harassing, indecent, obscene, fraudulent, or unlawful material through our Services.
• Use our Services in violation of any applicable local, state, national, or international laws or regulations.
• Engage in unauthorised advertising or spam activities using our Services.
• Harvest, collect, or gather user data without the explicit consent of the user or in violation of our Privacy Policy.
• Use our Services in a manner that infringes, misappropriates, or violates the privacy rights, intellectual property rights, or other rights of our company or any third party.
• Use automated scripts or technologies, including bots or data mining tools, to access, scrape, or extract data from our Services without explicit consent from us.
• Attempt to gain unauthorised access to any portion of our Services or any related systems or networks.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services, or which, in our judgement, exposes our company or any of its users to any liability or detriment of any kind.
• Access, use, export, re-export, transfer, or otherwise make available our Services or any underlying software, technology, or content in violation of any applicable export control, trade, or economic sanctions laws.
• Hide or misrepresent your identity, including by using false names, impersonating others, or concealing your status as a sanctioned or restricted party.
• Take advantage of any feature or functionality that a reasonable person would consider to be an obvious omission, bug, or error.
• Attempt to circumvent or bypass any functionalities, restrictions, usage limits, paywalls, geo-restrictions, or access features of our Services.

Failure to comply with these limitations may result in the suspension or termination of your access and rights to our Services, as well as any other legal remedies available to us.

Changes to Our Terms

We reserve the right to amend, remove, or vary these Terms at any time. Non-material changes may be effective immediately. For material changes, we may require you to re-accept the Terms to continue using our Services. We will provide you with reasonable notice as legally required, by any reasonable means, and such changes will become effective after the notice period. Changes required by applicable law or emergency may take effect immediately regardless of materiality.

Your continued access to or use of our Services after the effective date of any modifications constitutes your acknowledgment of and agreement to be bound by the revised Terms.

Your Statutory Rights

Every clause in these Terms applies in full, except where a mandatory provision of applicable law requires otherwise. Nothing in these Terms limits, excludes, or modifies any mandatory rights, protections, or remedies you may have under the laws that apply to you.

Right of Withdrawal

Where statutory conditions are met, you have the right to change your mind about a purchase within the withdrawal period specified below. For consumers in the European Union and European Economic Area, this is known as the “Right of Withdrawal” under EU consumer protection law. For consumers in the United Kingdom, this is known as the “Right to Cancel” under UK consumer law.

Our withdrawal period, how it is calculated, and the procedure for exercising your Right of Withdrawal are explained below.

Who the Right of Withdrawal Applies to

The Right of Withdrawal applies exclusively to natural persons who act as consumers for purposes outside their trade, business, craft, or profession, and have their habitual residence in a Member State of the European Union or the European Economic Area or the United Kingdom, and enter into a contract with us at a distance (including online).

This right does not apply to persons acting in a professional or commercial capacity, or to consumers residing outside the EU/EEA/UK.

Exceptions

The Right of Withdrawal does not apply to contracts for:

• services fully performed with your prior express consent and your acknowledgement that you will lose the Right of Withdrawal upon full performance;
• or digital content delivered without a tangible medium, where performance has begun with your prior express consent and your acknowledgment that you will lose the Right of Withdrawal.

When the Withdrawal Period Expires

You may withdraw from the contract within 14 days from the day the contract is entered into.

How to Exercise Your Right of Withdrawal

You must inform us of your intention to withdraw by an unequivocal statement. You can do this by contacting us via the details at the base of these Terms, or by making an unequivocal statement in any other suitable way. If the withdrawal period expires on a non-working day, your deadline is extended until the next working day.

Waiver of the Right of Withdrawal

Where our Services constitute digital content or services that begin immediately upon signup, we will ask for your express consent to begin performance and your acknowledgement that you will lose your Right of Withdrawal. This consent will be obtained before performance begins and confirmed to you on a durable medium.

The Cost of Cancelling Purchased Services

If you request that we begin providing the services before the 14-day withdrawal period ends, and you later cancel within that period, you must pay for the services provided up to the date of cancellation. This amount will be calculated proportionally based on the total agreed price.

If the services are fully performed within the withdrawal period, and you have expressly requested early performance and acknowledged that you will lose your Right of Withdrawal once the services are fully delivered, the Right of Withdrawal will no longer apply.

Effects of Withdrawal

If you exercise your Right of Withdrawal, we will reimburse all payments received from you, less any amount proportionate to the Services already provided up to the point you informed us of your withdrawal. We will process this refund without undue delay and in any event within 14 days from the day we are informed of your decision to withdraw. Refunds will be made using the same payment method you used unless you expressly agree otherwise.

Notice to Australian Consumers

If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement. Where permitted by section 64A of the Australian Consumer Law, our liability for failure to comply with a non-excludable consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

One-Time Purchases

Some of our Services are offered as a one-time purchase rather than a recurring subscription. Where you make a one-time purchase, the full price is payable at the time of purchase, and your access to the Service begins once payment has been successfully processed. A one-time purchase grants you a personal, non-exclusive, and non-transferable licence to access and use the Service in accordance with these Terms. It does not transfer ownership of the Service, or any intellectual property in it, to you, and all rights not expressly granted to you are reserved by us.

Where the Service is the App, your purchase is a one-time purchase you own forever, with no subscription required, as detailed in our Software Licence. The App keeps working even if you are offline, if our servers are unreachable, or if we stop operating — your access only ends in the limited circumstances described in the Licence, such as a refunded or disabled licence key. We are under no obligation to release, maintain, or continue any particular future feature or version, and where we release a new version, we may offer some or all of it separately, subject to the Licence’s “What updates are included” section.

We will not intentionally remove your access to the features available to you at the time of your purchase, except where required by these Terms, the Licence, or applicable law. Beyond this, your purchase is not conditional on the release of any future feature, functionality, or version, and we make no commitment and accept no obligation in relation to any public statement we may have made about future development. Except where applicable law provides otherwise, or under our Money-Back Guarantee, payments for one-time purchases are non-refundable once access to the Service has been provided.

Money-Back Guarantee

We offer a one month money-back guarantee on your first purchase with us (the “Guarantee”). If you are not satisfied with our Services, you may request a full refund within one month of your initial purchase by contacting us using the details at the base of these Terms.

The Guarantee applies once per customer and to your first purchase only. Subsequent purchases, upgrades, add-ons, third-party charges, and any non-refundable taxes or transaction fees are not eligible.

We may refuse a refund where we reasonably suspect fraud, abuse of the Guarantee, or breach of these Terms.

Refunds will be processed to the original payment method within a reasonable time. Once a refund is issued, your access to paid features will end and any associated licence rights will terminate immediately.

Service Updates and Changes

We may update, modify, or improve our Services from time to time. These updates may include technical adjustments, security enhancements, performance improvements, changes to features, or adaptations required to comply with legal or regulatory requirements. We reserve the right to implement updates at any time and for any reason, whether temporarily or permanently, with or without notice, and without liability to you or any third party, to the maximum extent permitted by applicable law.

You acknowledge that our Services may contain errors, bugs, or interruptions. We have no obligation to provide notice of, or correct, update, modify, maintain, or repair any aspect of our Services, except as required by applicable law.

Discontinuation

We reserve the right to suspend or discontinue all or part of the Services where reasonably necessary for legal, security, operational, or business reasons. If you have paid for ongoing access to a Service that is discontinued, we will notify you at least 30 days in advance by email or other durable medium. You will receive a proportionate refund.

Temporary Interruptions

We aim to keep the Services available and reliable. However, the Services may occasionally be unavailable due to scheduled maintenance, updates, technical issues, or circumstances beyond our reasonable control. We are not liable for any loss or damage arising from temporary interruptions to the Services, to the maximum extent permitted by applicable law.

Automatic App Updates

The App checks for updates automatically; this cannot be turned off in the App’s own settings. When a check happens, the App shares its version number, your macOS version and processor architecture, and your IP address with our update service, and downloads any available update from our GitHub Releases. These updates may be required to ensure security, performance, or continued compatibility.

Beta Versions and Experimental Features

We may, at our discretion, give you access to experimental features, pre-release functionality, or developmental tools that have not been released to our general customer base (“Experimental Features”). Experimental Features are provided on an “as is” basis for evaluation purposes and may be incomplete, unstable, or changed or removed without notice.

We make no commitment to incorporate any Experimental Feature into our commercially available Services and provide no assurances, express or implied, regarding its reliability, availability, or performance.

Intellectual Property

We retain sole ownership of all intellectual property (“IP”) rights in and to our Services, our Materials, and any proprietary rights inherent in and to our Services. These rights are protected by international intellectual property laws and treaties and apply worldwide.

Nothing in these Terms shall be interpreted as transferring to you any rights, interest, or title in our company or Services, except as explicitly stated in these Terms.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use our Services solely for your personal or internal business purposes.

All rights not expressly granted to you are reserved by Qeepa and its licensors.

Use of Our Brand and Materials

Photos and other files you export from the App are yours, and you are free to publish, share, or distribute them without any attribution to us.

You may refer to our company name and brand in a factual and truthful manner. You must not use our name, logo, trademarks, or other brand assets in any way that implies endorsement, sponsorship, or affiliation with us without our prior written consent.

Copyright Infringement Notice

We respect the intellectual property rights of others, and we ask that everyone using our Services does the same. If you believe that your work has been reproduced on our Services in a way that constitutes copyright infringement, please let us know using the contact details at the base of these terms.

By submitting a copyright infringement claim, you acknowledge that making a false claim could make you liable for any resulting damages under applicable law. If you’re unsure whether your claim is valid, we recommend that you seek legal advice before proceeding.

For more information about Australia’s copyright law, please visit https://www.copyright.org.au/.

User-Generated Content

Your photos, files, and any other content you manage within the App stay on your device. We never receive, access, or store them, and we claim no rights of any kind over them.

“User-Generated Content” in this section refers only to feedback, ideas, suggestions, feature requests, support messages, or reviews that you actively submit to us, such as through the App’s feedback form or by emailing us — not to your photos or files.

By submitting User-Generated Content to us, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of it, in a manner that is consistent with your privacy preferences and our Privacy Policy. This includes, without limitation, the right to use feedback, ideas, suggestions, and feature requests to develop, improve, and promote our Services without any obligation or compensation to you.

You retain your intellectual property ownership rights over your User-Generated Content. By submitting User-Generated Content, you represent and warrant that you own or have the necessary rights, licenses, and permissions to grant the license above, and that your content does not infringe, misappropriate, or violate the rights of any third party.

We reserve the right to review, edit, refuse, or remove any User-Generated Content at our sole discretion and without notice.

Accuracy of Materials

We aim to ensure that all information found on our Services is accurate and up to date. However, occasional errors, inaccuracies, or omissions may occur. We reserve the right to correct such errors and update information at any time. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Product Presentation

We make reasonable efforts to ensure that product images and descriptions on our Services accurately represent the products offered. However, due to technical factors such as differences in device displays, lighting conditions, browser settings, and screen resolutions, minor variations in color or appearance may occur. Such minor visual differences that do not affect the product’s conformity with the contract or its intended use do not constitute a defect.

App Presentation

We make reasonable efforts to ensure that feature descriptions, screenshots, and other representations of our Services are accurate at the time of publication. However, as our Services are subject to ongoing updates and improvements, certain features, interfaces, or functionality may change over time and may differ from published descriptions.

Feature Availability

Feature listings on our Services reflect current availability at the time of publication. We make reasonable efforts to remove or update feature listings that are no longer available, but occasional discrepancies may occur. The display of a feature does not constitute a guarantee of ongoing availability.

Artificial Intelligence (AI) Policy

From time to time, our team may use Artificial Intelligence (“AI”) to support the provision, improvement, or operation of our Services. Where we do so, we process data and deploy such systems in accordance with applicable laws and regulatory requirements.

We use AI for:

• Customer support.
• Content generation.
• Data entry and administrative tasks.

By using our Services, you acknowledge and agree to our use of AI.

Our Commitment to the Responsible Use of AI

When AI is involved, we put humans in charge of the important decisions. We protect the information that flows through our systems and regularly check our tools for errors, bias, or unintended side effects.

Where an automated decision has or is likely to have a significant effect on your individual rights, we will: (a) provide you with clear information about our automated decision making process, including the logic involved and potential consequences; (b) establish an appropriate legal basis, obtain your explicit consent where required; and (c) enable you to request a human review, contest the decision, and receive an explanation of the outcome.

We do not, and will not, use AI technologies for:

• any purpose that violates applicable laws or regulations;
• any use that poses an unacceptable or disproportionate risk to the rights or safety of any natural person;
• social scoring or influencing behavior in harmful or exploitative ways;
• real-time biometric identification in publicly accessible spaces for surveillance, except where expressly permitted by applicable law for legitimate public safety purposes;
• emotion recognition or biometric categorisation in employment, education, or any other context where such use could result in discrimination or unfair treatment, unless expressly permitted by applicable law;
• systems intended to deceive or manipulate individuals through subconscious techniques or by exploiting age, disability, or other vulnerabilities;
• or any application that infringes upon your fundamental human rights, dignity, or freedoms as recognised by international standards.

Links

We may provide links to third-party websites, applications, or resources (“Linked Sites”) for your convenience. However, we don’t control, review, monitor, or endorse these Linked Sites or their content, and we can’t make any promises about their availability, accuracy, reliability, or suitability. When you access and use Linked Sites, you’re doing so at your own risk, and we won’t be responsible for any damages or losses that arise from your use of or reliance on any Linked Site.

We reserve the right to remove or disable links to any Linked Site at any time without notice or liability. When you access any Linked Site, you acknowledge that you’re leaving our platform and that different terms of use and Privacy Policies may apply to your use of those Linked Sites.

Events Outside Our Control (Force Majeure)

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by circumstances outside our reasonable control (“Force Majeure Events”). Force Majeure Events include, but are not limited to, acts of God, natural disasters, internet outages, cyberattacks, strikes, and failures of third-party services.

Upon the occurrence of a Force Majeure Event, we will use commercially reasonable efforts to promptly notify you through any reasonable means about the nature of the event and its expected impact on our Services, to the extent practicable under the circumstances. Any delay or failure to provide such notification due to the Force Majeure Event itself shall not constitute a breach of this agreement or result in any additional liability to us. The affected obligations will be suspended for the duration of the Force Majeure Event, and any performance deadlines will be automatically extended by a period equal to the duration of the delay plus a reasonable period for resuming activities.

Disclaimer of Warranties

Our Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we make no warranties or representations of any kind, express or implied, and we disclaim all implied warranties and conditions, including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that our Services will be uninterrupted, error-free, timely, secure, free of viruses or other harmful components, or that any defects will be corrected; that the Services will meet your requirements or expectations; or that any information or content available through the Services is accurate, complete, or reliable.

Limitation of Liability

The following limitations apply to the maximum extent permitted by applicable law. Where any limitation is partially or wholly unenforceable, it applies to the maximum extent that is enforceable.

In no event will we, our affiliates, suppliers, licensors, agents, officers, directors, or employees be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, savings, reputation, use, or data, arising out of or in connection with these Terms or your use of (or inability to use) our Services, regardless of whether the claim is brought in contract, tort (including negligence), breach of statutory duty, indemnity, equity, or otherwise, and even if we have been advised of the possibility of such damages.

Our total aggregate liability to you arising out of or in connection with these Terms or your use of our Services, regardless of the cause of action, will not exceed the greater of (a) the total amounts paid by you to us preceding the event giving rise to the claim, or (b) $20 AUD.

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, some of the above limitations may not apply to you in their entirety, and our liability is limited to the maximum extent permitted by applicable law.

Indemnification

This section does not apply to you if you use our Services as a consumer, for purposes outside your trade, business, or profession.

If you use our Services for business purposes, you agree to indemnify us against third-party claims, and the reasonable losses and costs arising from them, to the extent they are caused by your breach of these Terms, your violation of applicable law, or your infringement of a third party’s rights. Your liability under this section is reduced to the extent a claim was caused or contributed to by our own act or omission.

We will notify you promptly of any claim covered by this section and let you take part in its defence. This section does not affect any non-excludable statutory rights you may have.

Dispute Resolution

By accepting these Terms, you agree that any disputes, claims, or issues related to these Terms, our Services, or your use of them (collectively, “Disputes”) will be governed by the laws of Australia (“Governing Law”), without regard to conflict of law principles, and resolved in accordance with this section.

Before commencing litigation, you must first provide written notice of the Dispute to us using the contact details at the base of these terms, including a detailed description of the nature of the Dispute and the relief sought. We will attempt to resolve the Dispute informally through negotiation within 30 days from the date of your written notice. If the Dispute cannot be resolved within this period, either party may proceed with litigation.

Injunctive Relief

Notwithstanding the other terms in this section, we have the right to seek injunctive relief against any unauthorised use or abuse of our Services, unauthorised disclosure of confidential information, or intellectual property infringement, and the right to pursue an enforcement action without first engaging in the dispute resolution process described in this section.

Individual Disputes Only

To the extent permitted by applicable law, you agree to resolve any and all Disputes on an individual basis and not as part of a class, representative, or consolidated action.

Miscellaneous

Severability

If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed removed to the extent necessary, and the remaining provisions shall remain in full force and effect.

If the removal of a provision materially affects the balance of rights and obligations under these Terms, we may amend the affected provision to the extent necessary to make it lawful, while preserving its original purpose as closely as possible.

Waiver

No waiver of any breach, default, or right under these Terms shall be effective unless expressly made in writing and signed by an authorised representative of the waiving party. Our failure or delay in exercising any right or remedy under these Terms shall not operate as a waiver, impair future rights to strict performance, or affect any other available rights or remedies.

Entire Agreement

These Terms, together with our Privacy Policy and any mandatory pre-contractual information, form the agreement between you and us regarding our Services. They replace any prior discussions or communications relating to the same subject matter.

Nothing in these Terms limits or excludes any rights you have under applicable consumer protection, unfair commercial practices, or data protection laws. If any information we provide to you before entering into the contract is required by law to form part of the contract, it will remain binding.

We may update these Terms in accordance with the “Changes to Our Terms” section. We are not bound by any other term or condition you propose in any correspondence, purchase order, or document, regardless of whether we expressly object to it. Any other changes must be agreed in writing.

Notices

You may contact us at any time using the contact details at the base of these Terms. Where these Terms require notice in writing, email is sufficient unless mandatory law requires another method. A notice is considered received when it is sent, provided there is no indication that delivery has failed.

Assignment

You may not transfer your rights or obligations under these Terms to another person without our prior written consent, unless such transfer is permitted by applicable law.

We may transfer our rights and obligations under these Terms to another company, including in connection with a merger, acquisition, corporate reorganisation, or sale of assets. If we do so, we will ensure that your rights under these Terms are not reduced as a result of the transfer. Where required by law, we will inform you of such transfer.

Interpretation

In these Terms, “including” means “including but not limited to.”

The authoritative version of these Terms is the original English (UK) version, which shall prevail over any translation in the event of a conflict. Any translations are provided purely for convenience, and we are not responsible for errors or inconsistencies in them.

Headings in these Terms are for convenience only and do not affect the interpretation of any provision.

Survival

Any provision of these Terms that by its nature or express terms should survive the expiration or termination of these Terms will survive, including any accrued rights and obligations.

Contact Information

Please direct all communications regarding these Terms to:

Qeepa
qeepaphotos@gmail.com