Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) are a legal agreement between you and Michael Johanson, an individual developer in Arizona, United States (“I,” “me,” “my”). I am an individual, not a company. These Terms govern your download, installation, and use of the DiaViewer app for Apple TV, including all updates and the Photo Wall unlock (the “App”). The Privacy Policy is part of these Terms.

By downloading, installing, accessing, or using the App, or by making an in-app purchase, you agree to these Terms. If you don't agree, don't download or use the App.

You must be old enough to enter into a binding contract where you live. If you aren't, a parent or legal guardian must agree to these Terms for you, and is responsible for your use of the App.

2. What DiaViewer is, and isn't

DiaViewer is a viewer. It displays photos and videos from a PhotoPrism server that you run, or that someone has given you access to. DiaViewer does not host, store, back up, sync, edit, organize, or upload your photos or videos, and it is not a photo storage service. The App is designed to read your photos and videos, not to change or delete them.

• No accounts. There is no account with me. You sign in only to your own server.
• No user content. You don't upload, post, submit, or share content with me or with other users through the App.
• One purchase. The only thing for sale is the Photo Wall unlock, a one-time in-app purchase. There are no subscriptions, and I don't sell physical goods or services.
• No advertising or promotions. The App contains no advertising, and there are no promotions, contests, or sweepstakes (see Section 9).

3. Independent app; not affiliated with PhotoPrism

DiaViewer is an independent app. It is compatible with PhotoPrism, but it is not affiliated with, sponsored by, endorsed by, or otherwise connected to PhotoPrism UG or the PhotoPrism project. “PhotoPrism” is a trademark of PhotoPrism UG, and I use the name only to identify the server software DiaViewer works with.

PhotoPrism UG is not responsible for DiaViewer and does not support it, so please don't contact them about it. I don't provide support for PhotoPrism itself, including its installation, configuration, security, or data. Your use of PhotoPrism is governed by its own license and terms.

PhotoPrism can change at any time in ways that affect DiaViewer. I don't promise that DiaViewer works, or will keep working, with any particular version of PhotoPrism or with your server.

Apple, Apple TV, tvOS, and App Store are trademarks of Apple Inc. Apple is not a party to these Terms, except as described in Section 17.

4. License to use the App

If you comply with these Terms, I grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App in object code form on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions (the “Usage Rules”), including Family Sharing where it applies. The App is licensed, not sold. I reserve all rights not expressly granted to you.

You may not, and may not allow anyone else to:

• copy, modify, translate, adapt, or create derivative works of the App, or any part of it;
• decompile, disassemble, reverse engineer, or try to derive the source code of the App, except to the extent applicable law expressly permits this despite this restriction;
• rent, lease, lend, sell, resell, sublicense, distribute, or otherwise transfer the App or any rights in it, except as the Usage Rules allow;
• remove, alter, or obscure any copyright, trademark, or other proprietary notice;
• bypass, disable, or interfere with the in-app purchase, the Photo Wall preview, or any other feature that limits use of the App;
• use the App to access any server, account, or content you aren't authorized to access;
• use the App in violation of any law or of anyone's rights, including privacy, publicity, and intellectual property rights;
• use the App to develop a competing product or service.

The App is designed for personal and household use. You may also use it in a business, office, shop, event, or other public or commercial setting, but you do so entirely at your own risk, and you alone are responsible for obtaining any rights, licenses, and consents needed to display what you show there.

5. Ownership

DiaViewer, including its code, design, graphics, text, and the DiaViewer name and logo, is my work and is protected by copyright and other intellectual property laws. Your photos are always yours (see Section 6). PhotoPrism and Apple trademarks belong to their owners, and the Hanken Grotesk and Yellowtail fonts are used under their open-source licenses.

Feedback. If you send me suggestions or ideas, I'm free to use them without owing you anything, and you give me a permanent, royalty-free right to do so.

6. Your photos, your server, and your responsibility

6.1 Your content stays yours. I claim no ownership of, or license to, the photos, videos, metadata, and other content on your server (“Your Content”). The App never sends Your Content to me.

6.2 You are solely responsible for:

1. Your Content, including having all rights, licenses, and permissions needed to store, access, and display it, including the consent of people who appear in it;
2. your server, including its installation, configuration, operation, software updates, security, availability, the accounts and permissions on it, and backups;
3. your network and internet connection, including whether your server can be reached from the internet, and any data charges;
4. how the App connects to your server. An https:// address is encrypted. An http:// address, or one entered without either prefix, is not, which means your password, photos, and videos travel across your network unencrypted;
5. your credentials and the server account you sign in with, including everything that account can see. A separate, read-only account that can see only content you're comfortable displaying is strongly recommended;
6. your Apple TV and who can use it. DiaViewer keeps you signed in, so anyone who can use your Apple TV can open the App and view whatever your server account can reach;
7. what appears on your screen and who can see it, including guests, children, and anyone who can see the screen from inside or outside your home. This includes content that is private, sensitive, explicit, or unsuitable for the people present, and captions or details that reveal names, descriptions, places, dates, or camera information;
8. complying with the laws that apply to Your Content and to displaying it.

6.3 DiaViewer is not a backup. Keep your own, independent backups of everything on your server.

6.4 Copies on your Apple TV. The App stores your credentials and temporary copies of photos and videos on your Apple TV, as described in the Privacy Policy. You are responsible for removing them, including by resetting the Apple TV before you sell, give away, or return it.

6.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I AM NOT RESPONSIBLE OR LIABLE FOR: ANY LOSS, DELETION, CORRUPTION, ALTERATION, DISCLOSURE, EXPOSURE, INTERCEPTION, UNAUTHORIZED ACCESS TO, OR MISUSE OF YOUR CONTENT OR YOUR CREDENTIALS; ANY CONTENT THE APP DISPLAYS, OR WHO SEES IT; ANY EMBARRASSMENT, DISTRESS, INVASION OF PRIVACY, OR HARM TO REPUTATION OR RELATIONSHIPS RESULTING FROM WHAT IS DISPLAYED; OR ANY FAILURE, BREACH, OR COMPROMISE OF YOUR SERVER, NETWORK, OR DEVICES; HOWEVER CAUSED.

7. Use at your own risk

You understand and accept that:

• Displays. DiaViewer keeps your Apple TV awake and prevents its screensaver while the App is open. Showing images for long periods can cause image retention or permanent burn-in on some televisions and displays, especially OLED and plasma screens, and uses electricity. You're responsible for your display's settings and for how long you run slideshows.
• Bandwidth. Slideshows download photos and videos continuously and can use a lot of network data and put load on your server. You're responsible for any data charges, caps, or slowdowns.
• Motion. Pan & Zoom, Photo Wall, and video playback involve motion. If you're sensitive to motion or flashing images, use the Static style or stop using the App.
• Metadata. Captions and details show whatever your server returns. I don't check them and I'm not responsible for their accuracy.
• Display. Photos and videos may appear cropped, scaled, blurred, reordered, or skipped, and some formats may not play.
• Reliability. The App may contain errors, may not work with your server, network, or Apple TV, and may stop working at any time, for example after an update to tvOS or PhotoPrism.

8. In-app purchase

8.1 What's for sale. The only thing for sale in DiaViewer is Photo Wall, a one-time, non-consumable in-app purchase that unlocks the Photo Wall slide style. There are no subscriptions or recurring charges.

8.2 Apple processes it. Purchases are made through Apple's App Store and are subject to Apple's Media Services Terms and Conditions. The price is shown in the App Store in your local currency before you buy, may include taxes, may differ by country or region, and may change over time. Apple handles payment and billing, and I don't receive or have access to your payment information.

8.3 Refunds. Refunds are handled only by Apple, under Apple's policies. You can request one at reportaproblem.apple.com. I can't issue refunds. As between you and me, all purchases are final, except as required by law.

8.4 What you get. The purchase gives you a license to use the Photo Wall feature under these Terms. It is not a sale of ownership, has no cash value, and can't be transferred, resold, or exchanged, except that it can be shared through Apple's Family Sharing under Apple's rules.

8.5 Restoring. If you reinstall the App or use another Apple TV signed in to the same Apple Account, your purchase is normally restored automatically. If it isn't, use Restore purchases in the App's Settings.

8.6 Free preview. I may offer a free, time-limited preview of Photo Wall, and may change or end it at any time.

8.7 Changes. I may change, update, or improve Photo Wall and the rest of the App. I don't promise that Photo Wall or the App will stay available, supported, or compatible with future versions of tvOS, Apple TV hardware, or PhotoPrism.

9. No promotions, contests, or sweepstakes

I don't offer, run, sponsor, or endorse any promotions, contests, sweepstakes, giveaways, prize drawings, referral programs, or similar offers in connection with DiaViewer. Any such offer that claims to come from me or to be connected with DiaViewer is not authorized by me. Don't respond to it or give it any personal or payment information. Apple is not a sponsor of, or involved in, any such activity.

10. Third-party services

The App relies on software and services I don't control, including Apple's tvOS, StoreKit, and App Store, your photo server, and your network and internet providers. They are governed by their own terms and privacy policies. I'm not responsible for them, for their availability, or for anything they do or fail to do. You must comply with any third-party terms that apply when you use the App, such as your internet service agreement.

11. Updates, availability, and termination

I may update the App, change or remove features, or add limits at any time, without notice. Some updates may be required to keep using the App, and all updates are governed by these Terms. I'm not obligated to provide updates, bug fixes, maintenance, or support, and I may stop offering or supporting the App, or remove it from the App Store, at any time without liability to you. Removing the App from the App Store doesn't remove copies already on your Apple TV, but they may stop working over time.

These Terms stay in effect until they end. Your rights under them end automatically, without notice, if you breach them. You can end them at any time by deleting the App. When they end, you must stop using the App and delete all copies. Sections 5, 6, 7, and 13 through 22, and any other terms that by their nature should survive, survive the end of these Terms.

12. Support

Support is provided by email at support@mikejohanson.com, at my discretion. I'll try to help, but I don't guarantee a response, a response time, or a fix. As between Apple and me, I, not Apple, am responsible for any maintenance and support of the App (see Section 17).

13. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE PHOTO WALL UNLOCK, AND ANY SUPPORT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND. I EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. I DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS; WILL WORK WITH YOUR SERVER, ANY VERSION OF PHOTOPRISM, YOUR NETWORK, OR YOUR DEVICES; WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR WILL PROTECT, PRESERVE, OR KEEP PRIVATE YOUR CONTENT OR CREDENTIALS; OR THAT ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU GET FROM ME CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK AS TO THE QUALITY, PERFORMANCE, AND USE OF THE APP. IF APPLICABLE LAW DOES NOT ALLOW AN IMPLIED WARRANTY TO BE DISCLAIMED, THAT WARRANTY IS LIMITED TO THIRTY (30) DAYS FROM THE DATE YOU FIRST DOWNLOAD THE APP OR MAKE THE IN-APP PURCHASE, AS APPLICABLE, TO THE EXTENT THAT LAW PERMITS.

14. Limitation of liability

The disclaimers and limitations in Sections 6, 13, and 14 are an essential part of the bargain between you and me and reflect a reasonable allocation of risk. I could not offer the App at its price without them.

15. Your legal rights as a consumer

If you are a consumer, the law where you live may give you rights that these Terms can't take away, and Sections 6, 13, 14, and 16 don't affect them. For example:

• in the European Union and the United Kingdom, digital content you pay for must be as described, of satisfactory quality, and fit for purpose, and you're entitled to a remedy if it isn't;
• in the United Kingdom, if digital content I supply damages your device or other digital content because I didn't use reasonable care and skill, you may be entitled to a repair or compensation;
• in Australia, the consumer guarantees under the Australian Consumer Law apply.

Nothing in these Terms excludes or limits my liability for death or personal injury caused by my negligence, for fraud or fraudulent misrepresentation, for my gross negligence or willful misconduct where the law doesn't allow that liability to be limited, or for any other liability that can't be excluded or limited under applicable law. Where the law that applies to you doesn't allow an exclusion or limitation in these Terms, that exclusion or limitation applies only to the extent the law permits.

Where the law implies a guarantee that can't be excluded but allows liability for breaching it to be limited, my liability is limited, at my option, to supplying the App again or paying the cost of having it supplied again.

16. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold me and my successors and assigns harmless from and against all claims, demands, and actions brought by third parties, and the resulting liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

1. your misuse of the App;
2. Your Content, including its display by the App and anyone who sees it;
3. your server, network, and devices;
4. use of the App on your Apple TV by anyone else;
5. your breach of these Terms; or
6. your violation of any law or of anyone's rights, including privacy, publicity, and intellectual property rights.

This doesn't apply to the extent a claim results from my own breach of these Terms, negligence, or willful misconduct, or is a claim that the App itself infringes someone's intellectual property rights, which is my responsibility under Section 17.

I may take exclusive control of the defense of any matter you must indemnify, at your expense, and you will cooperate with that defense. You won't settle any such matter without my prior written consent, and I won't settle one in a way that requires you to pay money or admit fault without yours.

17. Terms required by Apple

This Section applies if you got the App from Apple's App Store. If it conflicts with anything else in these Terms, this Section controls.

1. Acknowledgement. These Terms are between you and me only, and not with Apple Inc. (“Apple”). I, not Apple, am solely responsible for the App and its content. Nothing in these Terms is intended to set usage rules for the App that conflict with the Apple Media Services Terms and Conditions.
2. Scope of license. The license in Section 4 is a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing, volume purchasing, or Legacy Contacts.
3. Maintenance and support. I am solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. You and I acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty. I am solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will, as between Apple and me, be my sole responsibility.
5. Product claims. You and I acknowledge that I, not Apple, am responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit my liability to you beyond what is permitted by applicable law.
6. Intellectual property rights. You and I acknowledge that, in the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, I, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address. Questions, complaints, or claims about the App should be directed to me at the contact details in Section 22.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App, such as your internet service agreement.
10. Third-party beneficiary. You and I acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

18. Resolving disputes

18.1 Talk to me first. Before either of us goes to court over any dispute, claim, or controversy between you and me arising out of or relating to these Terms, the Privacy Policy, or the App (a “Dispute”), we'll first try to resolve it informally. To start, email support@mikejohanson.com with your name, the email address you're using, a description of the Dispute, and the relief you want. If we haven't resolved it within 30 days after I receive your email, either of us may take it to court as Section 19 describes. Any statute of limitations is paused during those 30 days.

18.2 Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

19. Governing law and venue

These Terms, and any Dispute, are governed by the laws of the State of Arizona, United States, and applicable U.S. federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, in any form enacted, do not apply.

Any Dispute must be brought only in the state courts of Arizona, including their small claims courts, or the United States District Court for the District of Arizona, and you and I consent to the personal jurisdiction of, and venue in, those courts. If you are a consumer living outside the United States, this doesn't deprive you of the protection of the mandatory laws of the country where you live, or of any right under those laws to bring proceedings in your local courts.

20. Changes to these Terms

I may change these Terms at any time by posting the updated version on this page and changing the “Last updated” date. Changes take effect when posted and don't apply to Disputes that arose before the change. For significant changes, I'll try to give notice, for example in the App's release notes or on this website. If you keep using the App after a change takes effect, you accept the updated Terms. If you don't agree, stop using the App and delete it.

21. General

• Entire agreement. These Terms, including the Privacy Policy, are the entire agreement between you and me about the App, and replace any earlier agreements about them. If Apple's standard Licensed Application End User License Agreement also applies to your copy of the App, these Terms are an additional agreement between you and me, and they control where the two conflict, to the extent the law permits.
• Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms stay in full effect.
• No waiver. My not enforcing a provision is not a waiver of my right to enforce it later.
• Assignment. You may not assign or transfer these Terms or your rights under them. I may assign or transfer these Terms, in whole or in part, without your consent, including to a successor or to a company I form or control.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and me.
• Events outside my control. I'm not responsible for any delay or failure caused by events beyond my reasonable control, including failures of Apple, PhotoPrism, internet or power providers, natural disasters, or acts of government.
• Export and local laws. You must comply with all U.S. export control and sanctions laws and with the laws of the place where you use the App. I make no representation that the App is appropriate, lawful, or available for use in any particular location.
• Notices. I may give you notice by posting it on this website or in the App. You may give me notice by email to support@mikejohanson.com. You agree that electronic communications satisfy any requirement that a communication be in writing.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If these Terms are translated, the English version controls.
• California users. Under California Civil Code § 1789.3, California users are entitled to this notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Contact

Questions, complaints, and claims about the App or these Terms should be sent to: