PicDiary Your personal photo journal

Terms & Conditions

Effective date:

What This Is About

These Terms and Conditions (hereinafter “Terms”) govern the conditions under which you use the PicDiary application (hereinafter “the App”) and its associated services. I’ve tried to keep them as clear and honest as possible, rather than hiding them behind legalese.

The App is provided by me, Benedikt Kehl-Waas, as an individual. My full provider details can be found in the Imprint. Where I write “I”, “me”, or “my” below, I mean myself as the provider; “you” means you as the user of the App.

By downloading, installing, or using the App, a contract is formed between you and me on the basis of these Terms. If you do not agree to these Terms, please do not use the App.

What the App Can Do

PicDiary is a diary for your smartphone. Among other things, it lets you:

  • record one diary entry per day with up to five pictures, a headline, and text;
  • attach voice notes (audio recordings) to your entries and optionally have them converted into text;
  • view your entries in a calendar overview or as a story;
  • receive a daily reminder for your entry;
  • export your entries in various formats;
  • have yourself reminded of past diary entries in the App, on the home screen (via widget), or by notification;
  • optionally create an account to back up your entries and synchronize them across multiple devices.

I keep developing the App. Individual features may therefore change, be added, or be removed. Information about this is documented transparently in the changelog of the respective version.

Account and Registration

You don’t need an account to use PicDiary. Once you download the App, you can get started right away; your entries then stay exclusively on your device. An account is optional and comes with one benefit: your entries are backed up in the cloud and can be synchronized across multiple devices, or transferred to a new device if your old one is lost or replaced.

Registration requires a valid email address and a secure password. Please keep your login details confidential — you are responsible for the activity that takes place through your account. How I handle your data is described in my Privacy Policy.

In-App Purchases and Subscriptions

PicDiary can be used free of charge. You can unlock additional premium features through in-app purchases, namely as a:

  • monthly subscription,
  • yearly subscription, or
  • one-time payment.

The applicable prices are shown to you before purchase directly in the App. By completing a purchase, you agree to the price and the terms shown at that time. Purchases can be restored if you use the App on another device.

I may change the prices for the App in the future. However, a price change applies only to new purchases and newly concluded subscriptions. It has no effect on a subscription that is already running: there, the price at which you concluded the subscription continues to apply. Should I exceptionally wish to change the price of a running subscription, this will only happen in accordance with the rules and consent procedure of the respective app store (App Store or Google Play Store), which obtains your active consent for it; without your consent, the previous price remains in effect or the subscription expires at the previous price.

I may offer a free trial period for subscriptions, available once per person. How long the trial runs is shown before purchase in the App Store or Google Play Store. Unless you cancel at least 24 hours before the end of the trial, the subscription automatically converts into a paid subscription. If you take out a paid subscription while still in the trial, the unused portion of the trial is forfeited.

You can cancel a subscription at any time in the account settings of the respective app store. After it expires, premium features are no longer available to you; a canceled subscription can be reactivated at any time.

Payment, Withdrawal, and Refunds

The purchase contract for a premium feature is concluded with the respective app store (Apple or Google), which distributes the content as the seller; I then provide you with the purchased features within the App. The payment itself is therefore handled by Apple (App Store) or Google (Google Play Store) — not by me. Their terms additionally apply, and refunds or the exercise of any right of withdrawal also run through the respective store according to its rules.

Because the premium features are digital content that is made available immediately, a particularity applies to the statutory right of withdrawal: by making the purchase, you expressly agree that I begin providing the digital content immediately and before the 14-day withdrawal period expires, and you acknowledge that your right of withdrawal thereby lapses once provision has begun. As a rule, the respective app store obtains this consent for you during the purchase process.

Your mandatory consumer rights under Austrian and EU law remain unaffected by this.

Special Provisions for the App Stores

You obtain PicDiary through the Apple App Store or the Google Play Store. In addition to these Terms, the following provisions required by the stores apply; in the event of a conflict, they take precedence over these Terms.

  • Contracting parties: These Terms are concluded solely between you and me, not with Apple or Google. I alone am responsible for the App and its content.
  • License: I grant you a non-exclusive, non-transferable right to use the App on any devices that you own or control, in accordance with the usage rules of the respective store terms.
  • Responsibility: I alone am responsible for maintenance and support of the App; Apple and Google have no such obligation. I am also responsible for any warranty and product-liability claims, for compliance with statutory requirements, for third-party claims (for example regarding the infringement of third-party rights), and for handling complaints about the App — not the respective store. Apple and Google provide no warranty for the App.
  • Apple as third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and are entitled to enforce them against you once you accept them.
  • Export control and sanctions: You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country, and that you are not listed on any relevant prohibited or sanctioned-party list.

Your Responsibility When Using the App

You alone are responsible for what you record in PicDiary. Please use the App only for your own lawful content, and not for content that infringes the rights of third parties or violates applicable law.

Even though an account backs up your entries, I strongly recommend that you additionally make regular backups of your important content yourself. No technical system is fully protected against data loss.

Availability and Warranty

I do my best to make sure PicDiary works reliably and as error-free as possible, but I can’t guarantee this for every situation and every device. The App is provided to you in its currently available state. In particular, I do not warrant that it will be available without interruption, that it will work with any and all hardware and software, or that it will fulfill each of your individual purposes.

To the extent you pay for premium features, the statutory warranty rights for consumers under Austrian and EU law apply (in particular under the law on warranties for digital services). I do not restrict these rights through the notices above.

Liability

For personal injury — damage arising from injury to life, body, or health — I am liable to you in all cases in accordance with the statutory provisions. This liability is not limited by the rules below.

For other damage — in particular damage to property and financial loss — I am liable in accordance with the statutory provisions in cases of intent and gross negligence. For slight negligence, my liability in this area is excluded to the extent permitted by law; in particular, in cases of slight negligence I am not liable for lost profit or for indirect and consequential damage.

For loss of data, in cases of slight negligence I am liable only to the extent that the loss would also have occurred had you maintained a proper backup of your content, carried out regularly. I expressly draw your attention elsewhere in these terms to the recommendation that you additionally create your own backup copies.

Mandatory statutory liability provisions remain unaffected by these rules and take precedence over them — in particular the consumer-protection provisions of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG), under which any exclusion or limitation of liability for personal injury and for damage caused intentionally or through gross negligence is invalid as against consumers, as well as the provisions of the Austrian Product Liability Act (Produkthaftungsgesetz, PHG).

The App and my website may contain links to third-party services whose content I have no influence over. The respective provider is responsible for that content. I recommend that you read the terms and privacy notices of the services you visit via such links.

Data Protection

How I process your personal data is explained in detail in my Privacy Policy. It is part of your use of the App; please read it before using PicDiary.

Termination and Suspension

You can stop using the App at any time, cancel your subscription in the app store, and delete your account in the App. What happens to your data when you delete your account is described in my Privacy Policy.

I may restrict or terminate access to an account if you significantly or repeatedly breach these Terms, or if this is required for legal reasons. To the extent circumstances allow, I will notify you in advance.

Minimum Age

PicDiary is not intended for children under the age of 14. By using it, you confirm that you are at least 14 years old.

If you are not yet of legal age, you may only conclude paid in-app purchases or subscriptions with the consent of the person who is your legal guardian. The free use of the App is not affected by this.

Changes to These Terms

I may adjust these Terms if the legal situation changes, the App develops further, or the services associated with it change.

Minor changes — such as linguistic clarifications, corrections, or adjustments to new or optional features that do not affect your essential rights and obligations — take effect once published in the App.

For material changes affecting your rights or obligations, I will notify you in advance in good time and in an appropriate manner — for example through a notice in the App, on the next app start, or in the app store’s release notes. If you do not agree to such a material change, you may object to it; in that case you can stop using the App and, where applicable, cancel your subscription and delete your account. If you continue to use the App after a material change takes effect without objecting to it, this is deemed acceptance of the change — I will point this out separately as part of the notification. Your mandatory consumer rights remain unaffected.

Governing Law and Consumer Protection

These Terms and your use of the App are governed by Austrian law, excluding its conflict-of-law rules. If you are a consumer in the European Union, you additionally benefit from all mandatory provisions of the law of the country in which you are resident — these Terms do not restrict such rights.

If you are a consumer, you may bring claims against me at your place of residence and will only be sued by me at your place of residence, to the extent mandatory statutory provisions so provide.

Dispute Resolution

If you have a concern or complaint about the App, please get in touch with me directly first. Most things can be sorted out quickly. Simply reach out to me by email (see “Contact”).

I am neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Severability

Should any provision of these Terms be invalid or unenforceable, the remainder shall remain unaffected. If you are a consumer, the statutory provision applies in place of an invalid provision; there is no validity-preserving reduction to your detriment.

Contact

If you have any questions about these Terms and Conditions, you can reach me by email at: benedikt@picdiary.app