Terms of Service

Effective Date: August 28, 2026

Last Updated: August 28, 2026

These Terms of Service ("Terms") govern your use of PhotoQuo™, including the PhotoQuo™ mobile applications, the photoquo.com website, and related services (collectively, the "Service").

By creating a PhotoQuo™ account or using the Service, you agree to these Terms. If you do not agree to these Terms, do not use PhotoQuo™.

1. About PhotoQuo™

PhotoQuo™ is a daily photo diary that allows users to capture and retain photographs and, optionally, share recent photographs with a limited number of mutually accepted friends.

PhotoQuo™ is designed for private personal use and small-circle sharing. It does not provide public user profiles, public photo sharing, followers, or a public photo feed.

We may modify, improve, add to, or discontinue features of the Service from time to time.

2. Eligibility

PhotoQuo™ is intended for users age 13 or more.

You are responsible for ensuring that your use of PhotoQuo™ complies with laws applicable to you.

3. Your Account

Some PhotoQuo™ features require an account.

You agree to provide accurate information when creating and maintaining your account and to keep your login credentials secure.

You are responsible for activity occurring through your account. If you believe your account or credentials have been compromised, you should change your credentials or contact us promptly.

You may not impersonate another person, create an account using information you are not authorized to use, or use another person's account without permission.

4. Your Photos and Other Content

You retain ownership of photographs, captions, reactions, and other content that you submit to PhotoQuo™ ("User Content").

You grant PhotoQuo™ a limited, non-exclusive, worldwide license to store, copy, process, resize, display, transmit, and otherwise use your User Content as reasonably necessary to operate, secure, maintain, and provide the Service.

This license does not give PhotoQuo™ ownership of your User Content.

If you choose to share a photo with accepted friends, you authorize PhotoQuo™ to display that content to those friends according to the sharing rules of the Service.

PhotoQuo™ does not make your photographs publicly available.

You are responsible for your User Content and for ensuring that you have the right to upload and share it.

5. Photos of Other People

PhotoQuo™ photographs may include other people.

You are responsible for using the Service appropriately and for complying with applicable privacy, publicity, recording, and other laws when photographing or sharing images of other people.

Do not use PhotoQuo™ to photograph or distribute content where doing so would violate another person's legal rights or reasonable expectation of privacy.

6. Prohibited Content and Conduct

You may not use PhotoQuo™ to upload, store, share, or distribute content that:

You also may not attempt to gain unauthorized access to PhotoQuo™ systems or other users' accounts, circumvent security or access controls, scrape or systematically extract Service data, interfere with operation of the Service, or use the Service for fraudulent or abusive purposes.

We may remove content or restrict or terminate accounts when we reasonably believe these Terms have been violated.

7. Content Moderation

PhotoQuo™ may use automated systems, manual review, or third-party services to identify content that may violate these Terms.

Content moderation systems are not guaranteed to identify every violation and may occasionally classify content incorrectly.

We may remove, restrict, or prevent sharing of content that we reasonably believe violates these Terms or applicable law.

The availability or use of content moderation does not transfer responsibility for User Content from the user to PhotoQuo™.

8. Friends and Sharing

PhotoQuo™ allows users to share certain recent content with mutually accepted friends.

Friend sharing is optional. You may use PhotoQuo™ entirely as a private photo diary without adding friends.

PhotoQuo™ does not provide public photo sharing or public user profiles.

You should not assume that content shared with friends will remain private merely because access within PhotoQuo™ is restricted. Another user may be able to photograph, screenshot, copy, or otherwise preserve content displayed to them.

PhotoQuo™ cannot control what another person does with content after that person has legitimately viewed it through the Service.

9. Location Information

PhotoQuo™ may allow location information to be associated with photographs.

Location collection is optional and depends on your device permissions and settings. If location information is available, PhotoQuo™ may store geographic coordinates and general location information associated with a photograph.

Precise location information is treated as private information and is not automatically displayed to friends.

Additional information about how PhotoQuo™ handles location and other personal information is provided in the PhotoQuo™ Privacy Policy.

10. Free and Paid Features

PhotoQuo™ may offer both free functionality and a one-time paid upgrade.

Features and limits available to free and upgraded accounts may differ, including limits relating to retained photo history, friends, or daily photo replacements.

Current limits are displayed through the Service and may be changed for future use of the Service.

A one-time upgrade is not a subscription and does not create recurring subscription charges.

Purchases made through Apple or Google may also be subject to the applicable app store's terms and payment policies.

Except where required by applicable law or applicable app-store rules, purchases are non-refundable.

11. Photo Retention and Data Loss

PhotoQuo™ is intended to maintain photographs according to the retention rules associated with your account.

Free accounts may have limited photo retention. Photographs that exceed the applicable retention period may be permanently deleted and may not become recoverable if you later purchase an upgrade.

You are responsible for maintaining separate copies of photographs or other information that you consider important.

PhotoQuo™ is not a guaranteed backup or permanent archival service.

Although we take reasonable measures to operate and protect the Service, hardware failures, software errors, network failures, security incidents, user actions, third-party failures, or other circumstances may result in loss or corruption of data.

We do not guarantee that any photograph, caption, account information, or other data will always remain available or recoverable.

12. Availability of the Service

We try to keep PhotoQuo™ available and functioning properly, but continuous availability cannot be guaranteed.

The Service may occasionally be unavailable because of maintenance, upgrades, equipment or network failures, third-party service failures, security issues, circumstances beyond our control, or other reasons.

We may modify, suspend, restrict, or discontinue all or part of the Service at any time, subject to applicable law.

13. No Guarantees

PHOTOQUO IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, CONCERNING THE SERVICE.

THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, RELIABILITY, ACCURACY, SECURITY, OR DATA PRESERVATION.

WE DO NOT GUARANTEE THAT:

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTOQUO AND ITS OWNERS, OPERATORS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PHOTOGRAPHS OR OTHER DATA, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, UNAUTHORIZED ACCESS, SERVICE INTERRUPTION, OR ACTIONS OF OTHER USERS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE LESSER OF:

  1. THE AMOUNT YOU PAID PHOTOQUO DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
  2. US $100.

These limitations apply regardless of the legal theory on which a claim is based and even if we have been advised that damages are possible.

Some jurisdictions do not permit certain limitations of liability, so these limitations apply only to the extent permitted by applicable law.

15. Third-Party Services

PhotoQuo™ depends on services and technology provided by third parties, which may include mobile operating systems, app stores, hosting providers, network providers, mapping or location services, and other infrastructure providers.

We are not responsible for the availability, operation, policies, or actions of third-party services that we do not control.

Your use of third-party services may also be governed by their own terms and privacy policies.

16. Intellectual Property

PhotoQuo™, including its software, design, branding, logos, documentation, and other materials provided by us, is owned by PhotoQuo™ or its licensors and is protected by applicable intellectual-property laws.

These Terms do not transfer ownership of PhotoQuo™ intellectual property to you.

You may use the Service only as permitted by these Terms.

17. Account Suspension and Termination

You may stop using PhotoQuo™ at any time.

Where account deletion functionality is available, you may request permanent deletion through the Service.

We may suspend, restrict, or terminate an account when reasonably necessary to:

Where appropriate and legally permitted, we may provide notice before termination.

18. Account Deletion

Account deletion is permanent.

If you request deletion, photographs and other account information may be permanently removed and may not be recoverable.

PhotoQuo™ may retain limited information when reasonably necessary or legally required for security, fraud prevention, dispute resolution, enforcement of these Terms, financial records, or compliance with applicable law.

Details regarding deletion and retention of personal information are described in the PhotoQuo™ Privacy Policy.

19. Privacy

Your use of PhotoQuo™ is also subject to the PhotoQuo™ Privacy Policy.

The Privacy Policy explains what information PhotoQuo™ collects, how that information is used, and the choices available to you.

The current Privacy Policy is available at photoquo.com/privacy.

20. Changes to These Terms

We may update these Terms as PhotoQuo™ changes or as necessary to address legal, regulatory, security, or operational requirements.

When we make material changes, we will update the date at the top of these Terms and provide additional notice when reasonably appropriate.

Your continued use of PhotoQuo™ after revised Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

If you do not agree to revised Terms, you should stop using the Service.

21. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

Any dispute arising from these Terms or the Service will be brought in a court of competent jurisdiction in Pennsylvania unless applicable law gives you the right to bring the dispute elsewhere.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

The invalid or unenforceable provision will be interpreted or limited to the minimum extent necessary to make it enforceable where permitted by law.

23. Entire Agreement

These Terms, together with the PhotoQuo™ Privacy Policy and any additional terms presented for a particular feature, constitute the agreement between you and PhotoQuo™ concerning your use of the Service.

Failure to enforce a provision of these Terms does not waive our right to enforce it later.

24. Contact

PhotoQuo™
BigWindow LLC
Lancaster, Pennsylvania, USA
legal@bigwindow.net