Terms of Service

1. Who we are and what this document is

GigaBack is a mobile application that helps you clean up your photo library by swiping through your own photos, month by month. In this document, "GigaBack", "we", "us" and "our" mean the publisher of the app: WISEPEAR - LABORATÓRIO TECNOLÓGICO, UNIPESSOAL, LDA, a Portuguese single-member private limited company with a share capital of €2,500, registered under NIPC 516410300, VAT number PT516410300, whose registered office is at 564 Rua Carvalhal de Cima, 4990-610 Fontão - Ponte de Lima, Portugal, represented by Marco Pereira. "You" means the person using the app.

These Terms of Service (the "Terms") form a binding agreement between you and us covering your use of the GigaBack app and of the website at gigaback.app. By installing or using GigaBack, you accept these Terms. If you do not accept them, please do not use the app.

Our Privacy Policy explains how personal data is handled. It is part of this agreement.

2. What GigaBack does, and what it does not do

GigaBack reads your device photo library, sorts it by month, detects screenshots, duplicates and burst sequences, estimates how much storage you could recover, and lets you decide photo by photo what to keep and what to discard.

All image processing happens on your device. No photo, video, thumbnail, hash or item of photo metadata is uploaded to us or to anyone else. We hold no copy of your library and could not retrieve a deleted photo for you even if you asked. GigaBack is not a cloud service, not a backup service, not a photo editor and not a gallery manager.

The app does use the network, for three things: the advertising banner shown in the free version (section 5), a small profile of counters that anchors the free daily quota, and your purchase. Our Privacy Policy describes each of them and names the providers involved.

GigaBack never deletes anything permanently by itself. When you confirm a batch, the items are handed to your operating system's own trash — "Recently Deleted" on iOS, the system trash on Android — where they normally remain recoverable for 30 days before the operating system erases them. The confirmation dialog you see at that moment is your device's, not ours.

3. Eligibility

You must be at least 13 years old, and old enough to enter into a contract where you live, to use GigaBack. If you are under the age of majority in your country, you may only use the app with the consent of a parent or guardian. GigaBack is not directed at children under 13.

You also need a device that meets the minimum requirements (iOS 16 or later, Android 10 or later) and you must grant the app access to your photo library. Without that access, the app cannot do anything useful.

4. Licence and permitted use

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use GigaBack on devices you own or control, for your own private purposes, in accordance with these Terms and with the rules of the app store you downloaded it from.

You may not:

copy, sell, rent, sub-licence, distribute or otherwise commercially exploit the app;
reverse engineer, decompile or disassemble the app, except to the extent that applicable law expressly permits it despite this restriction;
remove or alter any notice of ownership, trademark or copyright;
use the app to process photos you have no right to process;
interfere with the app's operation, circumvent the free-tier quota, tamper with the device attestation that anchors it, or tamper with the purchase verification mechanism;
interfere with the display of advertising in the free version, or generate advertising events by automated means;
use automated means to drive the app at scale.

The app, its name, its logo, its design and its source code remain ours (or our licensors'). Your photos remain entirely yours: we acquire no right whatsoever over them.

GigaBack is free to install and free to use within the following limits:

Unlimited scanning and reporting. You can scan your whole library as often as you want and see the full report: number of photos, number of screenshots, number of duplicates and estimated recoverable gigabytes. Nothing about the report is hidden behind payment.
50 swipes per day. A swipe is a keep or discard decision on a photo. Skipping a photo and undoing a decision do not count against the quota. The counter resets at midnight, in your device's local time zone. It is anchored to a profile held on our server, so clearing the app's data does not hand you a fresh fifty; the count that applies is always the higher of the local and the stored one, which also means a late or failed sync can never take swipes away from you.
Previews of the bulk features. Screenshot detection, duplicate and burst detection and the large-video list show you the counts, the sizes and a sample. Acting on them in bulk requires the purchase.
An advertising banner. The free version shows an ad banner at the bottom of the screen, on every screen, including the swipe deck. Its height is reserved so that it never pushes the interface around, it is kept clear of the keep and discard controls, and it is never an interstitial, never a video you have to sit through and never laid over one of your photos. Buying the app removes it (section 6).

We will not retroactively remove a feature that was free at the time you started using it and turn it into a paid one for you.

6. The one-time purchase

GigaBack sells one product, bought once: a single non-consumable in-app purchase. There is no subscription, no annual plan, no monthly plan, no free trial, and nothing that renews or is charged again.

It unlocks:

unlimited swipes, the daily quota ends;
the bulk actions in one tap — mass deletion of screenshots, of duplicates and of large videos;
the removal of the advertising banner. This is a benefit of the purchase in its own right, not a footnote. The banner disappears in the same moment the store confirms the purchase.

The price is the one your store shows you, in your currency, for your country, at the moment of purchase. We do not print a price in these Terms and the app never hardcodes one: it displays the localised price the store returns. If the store cannot be reached, the app tells you it cannot take the purchase right now rather than inventing an amount.

Only the store can grant the entitlement. Apple's App Store and Google Play are the sole source of truth for whether you have bought GigaBack. Nothing we hold on our own server can grant it to you or take it away from you.

About "buy once, keep forever". It means a single payment with no renewal, for as long as the app exists and is distributed and supported on your platform. It is not a promise that the app will be published forever, and it does not cover a different app or a separate future product. If we ever discontinue GigaBack, we will say so publicly and give reasonable notice.

7. No subscription, nothing to renew, nothing to cancel

Because the purchase is made once, there is nothing to cancel. Your store account is not charged again, no period expires, no trial converts into anything, and no reminder about renewal will ever reach you, because there is no renewal.

Your entitlement is attached to your store account, not to your handset. Reinstalling the app, resetting your device or moving to a new phone on the same store account does not cost you anything: use "Restore purchases" (section 8).

Uninstalling the app does not withdraw the purchase and does not, by itself, entitle you to a refund. Refunds are section 10.

8. Payment, restoring purchases, and who your contract is with

Purchases are made through Apple's App Store or Google Play, using your existing store account. We never see or receive your payment card details. Apple or Google collects the payment, acts as merchant of record for the transaction and issues your receipt. We use RevenueCat, a purchase infrastructure provider, to verify with the store that you are entitled to the paid version. See our Privacy Policy for what that involves.

Because there is no account and no login, your entitlement is attached to your store account. If you change phone, reinstall the app or wipe your device, use the "Restore purchases" button in Settings to get it back on the same store account. A purchase made on the App Store cannot be transferred to Google Play, or the reverse — that is a platform limitation we cannot work around.

If the store tells us your purchase has been refunded or revoked, the app returns to the free tier: the daily quota applies again and the banner comes back. Nothing is lost — your local data, statistics and sorting progress stay on your device.

9. Right of withdrawal for consumers in the EU and EEA

If you are a consumer resident in the European Union or the European Economic Area, you normally have 14 days to withdraw from a distance contract for digital content, without giving a reason.

However, under Article 16(m) of Directive 2011/83/EU, that right is lost for digital content supplied without a tangible medium once performance has begun, provided you gave your prior express consent to immediate performance and acknowledged that you would thereby lose your right of withdrawal. GigaBack unlocks the paid features immediately on purchase, so this exception applies: by confirming the purchase and using them straight away, you consent to immediate supply and accept the loss of the withdrawal right for that purchase.

If you have not used the paid features at all, the 14-day right still stands and you can exercise it. In practice, because Apple and Google are the sellers, you should submit the request through the store — see the next section. You can also write to us at hello@gigaback.app and we will help you route it. Nothing in these Terms removes a mandatory consumer right you have under the law of your country of residence.

10. Refunds

Refunds are handled by the app store, not by us. We cannot issue, approve or refuse a refund, and we do not hold your money at any point.

Apple: request a refund at reportaproblem.apple.com.
Google: request a refund from Google Play, in the order history for your account.

Each store applies its own policy and its own deadlines. If a store refunds you, your entitlement ends and the app returns to the free tier, banner included. If you think something went wrong with a purchase in the app itself, tell us at hello@gigaback.app — we will investigate and support your case with the store as far as we can.

11. Your photos are your responsibility — back them up

This is the most important clause in this document, so we will not bury it.

You decide what to discard. GigaBack executes your decisions. Deletion is a destructive operation. Discarded items go to your operating system's trash and are typically recoverable there for 30 days, after which the operating system removes them permanently. We have no copy of them. Nobody does.

You are responsible for keeping your own backups. We strongly recommend that you have a working, verified backup — iCloud Photos, Google Photos, a computer, an external drive — before a large cleaning session. GigaBack is not a backup tool and does not replace one.

Please also note:

Recoverable-size figures are estimates, computed by sampling, and are shown with a tilde ("~8,2 GB"). The space actually recovered depends on your operating system, on when it empties its trash and on whether the originals are stored in the cloud.
Duplicate and burst detection is heuristic. It is good, but it is not infallible: always review a group before acting on it in bulk.
If your photos are synchronised with a cloud service, deleting them on the device may also delete them from that service, according to that service's own rules. Check them.

12. Availability, updates and changes to the app

We aim to keep GigaBack working well, but we do not guarantee that it will be available without interruption or free of errors. Operating system updates, changes to store rules, changes to the photo APIs, or changes at our advertising or infrastructure providers may require us to modify or remove features.

We may update the app. Some updates are necessary to keep it compatible with your device or secure; if you do not install them, the app may stop working correctly. If we make a significant change that reduces what the purchase gives you, we will inform you and, where the law requires it, allow you to terminate.

13. Disclaimer

To the extent permitted by applicable law, the app is provided "as is" and "as available", without warranty of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the app will meet your requirements, that detection results will be complete or accurate, or that any specific amount of storage will be recovered. We do not control the content of the advertisements served in the free version, and we give no warranty about them.

Nothing here excludes or limits the statutory guarantees that consumer law gives you — in particular, in the EU, the legal guarantee of conformity for digital content under Directive (EU) 2019/770.

14. Limitation of liability

To the extent permitted by applicable law, we shall not be liable for indirect or consequential damage, loss of profit, loss of opportunity, loss of business, or loss of data or photos, arising out of or in connection with your use of the app.

Where our liability is engaged and may lawfully be capped, it is limited to the greater of (a) the amount you actually paid us for GigaBack in the twelve months preceding the event, and (b) fifty euros (50 €).

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any liability that cannot lawfully be excluded or limited. If you are a consumer, your mandatory statutory rights are unaffected.

15. Termination

You may stop using GigaBack at any time by uninstalling it. Uninstalling deletes the app's local database, including your sorting progress. It does not delete the profile of counters described in our Privacy Policy — write to us if you want that erased — and it does not remove your purchase: the entitlement stays on your store account and "Restore purchases" brings it back.

We may suspend or terminate your licence if you seriously or repeatedly breach these Terms, in particular if you tamper with the quota, with the device attestation, with the purchase verification or with the advertising. Where the breach can be remedied, we will ask you to remedy it first.

16. Changes to these Terms

We may amend these Terms, for example to reflect a change in the app, in our providers, or in the law. The date at the top of this page always shows the current version. For a significant change affecting a user who has purchased the app, we will give reasonable prior notice in the app or by a notice on this website. If you do not accept the new version, your remedy is to stop using the app; since there is no subscription, there is nothing further to terminate.

17. Governing law and disputes

These Terms are governed by Portuguese law, excluding its conflict-of-law rules. The competent courts are those of Ponte de Lima, Portugal.

If you are a consumer, this choice of law cannot deprive you of the protection of the mandatory provisions of the law of the country where you are habitually resident, and you may always bring proceedings before the courts of that country.

Before going to court, please write to us — most problems are settled in one email. If we cannot agree, you may also refer the matter to a consumer mediation or alternative dispute resolution body competent in your country. [PLACEHOLDER — name and contact details of the ADR/mediation body the publisher is affiliated with, if any.]

18. Miscellaneous

If a clause of these Terms is found invalid or unenforceable, the rest remains in force and the invalid clause is replaced by a valid one that is as close as possible to the original intention. Our failure to enforce a right does not amount to a waiver of it. You may not assign this agreement; we may assign it in the context of a transfer of the app, without reducing your rights.

Apple and Google are not parties to this agreement and are not responsible for the app or for any claim relating to it, save for their own obligations as distributors and sellers. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms for the iOS version and may enforce them against you.

19. Contact

Questions, complaints, bug reports, or a paragraph in this page that you find unclear:

hello@gigaback.app

Postal address: 564 Rua Carvalhal de Cima, 4990-610 Fontão - Ponte de Lima, Portugal.