Terms of Service

These terms are a contract between you and Jorge Gonzalez Cardelus, an individual developer operating the Albi app and this website (“Albi”, “we”, “us”). By creating an account or using Albi, you accept them. If you do not accept them, do not use Albi.

Our Privacy Policy forms part of this agreement and explains what we do with your personal data.

You must be at least 13 years old. Every account passes an age check before it can be used; accounts that resolve to under 13 are blocked and cannot be reinstated by re-answering the question.

If you are under the age of majority where you live, you may only use Albi with the involvement of a parent or guardian, who accepts these terms on your behalf.

You must give accurate information when signing up, keep it accurate, and not create an account on someone else’s behalf without their permission.

You are responsible for what happens under your account and for keeping your sign-in credentials secure. Tell us at chiteki.albi@gmail.com if you think someone else has access to it.

Do not share your account, sell it, or transfer it to anyone else, and do not use automated means to create accounts.

Everything you put into Albi — nooks, things to do, comments, messages, photos and videos — stays yours. We claim no ownership of it.

To be able to run the service, you give us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, resize and transmit your content, strictly for the purpose of operating, securing and improving Albi. This licence exists only so the app can show your content to the people you shared it with; it ends when you delete the content or your account, except for copies we are legally required to keep and for content already delivered to other people.

You also give the people you share a nook with the ability to see and interact with what you put in it, according to the visibility you chose. Content shared to World can be seen by anyone on Albi.

You confirm that you have the rights to everything you upload, and that sharing it through Albi does not break anyone else’s rights — including the rights of people who appear in your photos.

Do not use Albi to:

• post content that is illegal, or that sexualises, endangers or exploits children;
• harass, threaten, bully, impersonate or incite violence or hatred against anyone;
• share someone else’s private information, or photos of them taken or shared without their agreement;
• infringe copyright, trade marks or other intellectual property rights;
• post spam, run scams, or advertise commercially without our permission;
• distribute malware, probe or attack our infrastructure, evade rate limits, or scrape the service;
• reverse engineer the app or access it through anything other than the interfaces we provide, except where that restriction is prohibited by law;
• evade a suspension, a block, or the age check.

Any account, nook, thing, comment or message can be reported from inside the app. Reports are reviewed, and content that breaks these terms can be hidden and the account behind it suspended.

Serious or repeated breaches, and anything involving the safety of a child, can result in immediate and permanent removal without prior notice. Where we suspend or remove your content or account, we will tell you why unless doing so would be unlawful or would compromise an investigation, and you can contest the decision by writing to chiteki.albi@gmail.com.

You can also block anyone. Blocking is one-sided: the blocked person is not told, and nothing they send reaches you.

Albi is an independent project in active development, currently in beta. Features can change, be added, or be removed, and the service can be unavailable for maintenance or for reasons outside our control.

We may stop offering Albi altogether. If we do, we will give reasonable notice in the app and a window in which to export or save your content, unless we are prevented from doing so.

Albi is provided free of charge. Storage is subject to a per-account quota; if you reach it, uploads are refused until you free space or we raise the limit.

You can delete your account from the app at any time. Your content is hidden immediately, and you have 30 days to change your mind before it is permanently erased. See the Privacy Policy for exactly what happens.

We can suspend or terminate your access if you break these terms, if we are legally required to, or if keeping your account open would create a risk to other people. The sections of these terms that by their nature should survive — content licences already granted to other users, disclaimers, limits of liability, and governing law — do survive.

You get Albi through Apple’s App Store or Google Play, and their own terms apply to that download alongside these.

Where you obtained the app from the App Store, the following applies: this agreement is between you and us only, not Apple, and Apple is not responsible for the app or its content. Apple has no obligation to provide any maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever. Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, failure to conform to legal requirements, or consumer protection claims, nor for the investigation, defence or settlement of any third-party intellectual property infringement claim. You confirm that you are not located in a country subject to a US Government embargo or designated as “terrorist supporting”, and that you are not on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

Albi is provided “as is” and “as available”. To the fullest extent permitted by law, we make no warranties of any kind, whether express or implied, including as to merchantability, fitness for a particular purpose, or non-infringement, and we do not warrant that the service will be uninterrupted, error-free, or that content will never be lost.

Keep your own copies of photos that matter to you. Albi is not a backup service.

We do not control what other users post. You may encounter content you find objectionable; report it and we will review it.

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, or goodwill, arising out of your use of Albi.

Since Albi is provided free of charge, our total aggregate liability to you is limited to one hundred euros (€100).

Nothing in these terms limits liability that cannot be limited by law — including liability for death or personal injury caused by negligence, for fraud, or for a breach of the mandatory statutory rights you have as a consumer. If you are a consumer in the EU or the UK, those rights are unaffected by anything here.

If you are using Albi other than as a consumer, you agree to indemnify us against claims, losses and reasonable legal costs arising from content you posted or from your breach of these terms.

We may update these terms as Albi changes. The effective date at the top always reflects the current version. For material changes we will give notice in the app before they take effect; continuing to use Albi afterwards means you accept the new terms. If you do not, delete your account.

These terms are governed by the laws of [governing jurisdiction — to be confirmed], and the courts of [venue — to be confirmed] have non-exclusive jurisdiction over any dispute.

If you are a consumer resident in the EU or the UK, this choice of law does not deprive you of the protection of the mandatory rules of the country where you live, and you may bring proceedings there. Consumers in the EU may also use the European Commission’s online dispute resolution platform.

Before starting any formal dispute, please email chiteki.albi@gmail.com — almost everything is faster to fix directly.

Questions about these terms, or about a decision we made on your account, go to chiteki.albi@gmail.com.