Legal

End User License Agreement & Terms of Use

Effective: May 13, 2026 · Last updated: May 25, 2026

These terms ("Terms") govern your use of PhotoCaptioner AI ("the App"), a macOS application developed by Gottschalk Group LLC ("the Developer", "we", "us"). By installing or using the App you agree to these Terms.

These Terms supplement, and do not replace, Apple's standard Licensed Application End User License Agreement (the "Apple EULA") which applies to all apps distributed through the Mac App Store. Where these Terms and the Apple EULA conflict, the term more protective of you, the user, prevails. The Apple EULA is available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.

1. License grant

We grant you a non-exclusive, non-transferable, personal license to install and use the App on any Mac you own or control, in accordance with the Apple EULA and these Terms. You may not redistribute, sublicense, sell, rent, lease, lend, or otherwise transfer the App to any third party. You may not reverse engineer, decompile, or disassemble the App except to the extent that such activity is expressly permitted by applicable law.

2. In-app purchase, free tier, and pricing

The App is free to download. You may caption up to 25 photos without any purchase ("Free Tier"). Cache hits — re-captioning a photo the App has already processed — count toward the Free Tier, because the same compute occurred to produce the original caption.

To caption more than 25 photos, you may purchase a one-time, non-consumable In-App Purchase ("Pro Unlock") for $24.99 USD (or local equivalent set by Apple). The Pro Unlock removes the Free Tier limit and is associated with your Apple ID. Pro Unlock applies to all devices signed in with the same Apple ID, subject to Apple's family-sharing settings.

The App is not a subscription. There is no recurring charge from us. All purchases are processed by Apple via StoreKit; we never see your name, billing details, or Apple ID.

3. Bring-your-own-key compute model

PhotoCaptioner AI uses Google's Gemini API to generate captions and optionally the Google Places API for location-aware captions. You must obtain and supply your own Google Gemini API key (required). The Google Places API key is optional and enables nearby-place lookups for geotagged photos. The App stores those keys only in the macOS Keychain on your device.

Because the API calls are made directly from your Mac using your keys, you are responsible for any Google charges incurred by your usage. We do not bill or charge for AI compute; Google bills you directly under your Google Cloud / AI Studio account. We have no visibility into your usage, your bill, or your Google account.

If you do not enter API keys, the App falls back to a local on-device classifier (Apple's MobileNetV4). Captioning quality is significantly lower in this mode, and this fallback also counts toward the Free Tier.

4. AI-generated content

Captions and related text produced by the App are generated by artificial intelligence models operated by Google. AI output:

  • may be inaccurate, incomplete, or misleading, including incorrect identification of places, people, or events;
  • may occasionally produce content that you find inappropriate, offensive, or harmful, despite content-safety filters;
  • is not a substitute for human judgment and should be reviewed before being saved into your photos or shared with others.

You are solely responsible for reviewing, editing, and choosing whether to save AI-generated content. The Developer makes no representation or warranty that any AI-generated caption is accurate, suitable for any purpose, or free of harmful content.

If you encounter objectionable AI output, you can report it from within the App (caption editor → "Report"). Reports help us tune the safety prompts but do not create any contractual right.

5. Photos, metadata, and privacy

The App writes captions and (optionally) related metadata back into the EXIF/IPTC fields of your image files, or to sidecar XMP files for proprietary RAW formats. Original files are preserved alongside captioned copies. We do not upload your photos to any server we operate. See the Privacy Policy for the full data-flow description.

You are responsible for the legal right to process the photos you submit to the App. Do not use the App to caption photos you do not have the right to modify.

6. Refunds

All sales are processed by Apple. Refunds are governed solely by Apple's policies. To request a refund, use Apple's standard refund process at https://reportaproblem.apple.com. We do not have the ability to issue refunds directly.

7. Updates and changes

The App is provided as it exists on the date you download it. We may, but are not obligated to, release updates that add features, fix bugs, or change behavior. We may discontinue support for older macOS versions in future updates. The Pro Unlock entitles you to all future updates that remain available on the Mac App Store; it does not entitle you to support, custom features, or any specific roadmap item.

8. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF AI-GENERATED CONTENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH ANY SPECIFIC HARDWARE OR SOFTWARE CONFIGURATION.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DEVELOPER'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you. Nothing in these Terms limits any consumer rights you have that cannot be limited under applicable law.

10. Third-party services

The App relies on third-party services that have their own terms:

Your use of those services is governed by their respective terms. We are not responsible for outages, billing, or policy changes by Google or Apple.

11. Termination

These Terms apply until terminated by either you or the Developer. You may terminate by uninstalling the App. We may terminate at any time, including by removing the App from the Mac App Store, if you breach these Terms or for any lawful reason. The disclaimers, limitation of liability, and Apple-rights sections survive termination.

12. Apple's third-party-beneficiary rights

You acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. This clause is included to satisfy Apple's requirements for apps distributed through the Mac App Store; nothing in this clause limits the Apple EULA.

13. Governing law

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles. Any dispute arising from these Terms shall be resolved in the courts of that jurisdiction, subject to any mandatory consumer-protection law that grants you the right to bring suit in your own jurisdiction.

14. Severability and entire agreement

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. These Terms, together with the Apple EULA and the Privacy Policy, constitute the entire agreement between you and the Developer regarding the App.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected in the "Last updated" date at the top, and substantial changes will be noted in App Store release notes. Continued use of the App after a change indicates acceptance of the updated Terms.

16. Contact

Questions about these Terms can be sent to: contact@gottschalkgroupllc.com

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