Terms of Service

These Terms of Service govern your use of TagSmith, a desktop application, and TagSmith Credits, an optional purchased add-on, both developed and sold by Dane Hartman, an individual ("we," "us," or "our"). By downloading, installing, or using TagSmith, you agree to these terms.

1. The TagSmith App

TagSmith itself is free to download and use, with no license key or account required. We grant you a personal, non-exclusive, non-transferable license to install and use TagSmith on any computers you personally own or control. You may not sell, sublicense, rent, reverse-engineer for redistribution, or redistribute the software as your own.

2. TagSmith Credits (optional paid feature)

TagSmith Credits is an optional, consumable credit balance you can purchase to use cloud-based landmark identification without supplying your own Google API key. Credits are sold in fixed-size packs, do not expire, and are not a subscription. One credit is consumed each time a cloud identification request completes with a usable result, regardless of whether a landmark was actually found. A purchased license and its credit balance may be used on any devices you personally own or control – we don't bind a license to a single machine.

3. Free trial credits

We may offer a small number of free trial credits, granted once per device using a one-way hash of a hardware identifier so the same device can't repeatedly re-claim the trial. Free trial credits are provided as-is with no guarantee of ongoing availability and may be changed or withdrawn at any time.

4. Acceptable use

You may use TagSmith to process photo and video files you own or otherwise have the right to use, and you are solely responsible for ensuring that use doesn't infringe on any third party's rights. You may not attempt to circumvent TagSmith Credits' metering or license checks, or use the underlying cloud identification service outside of the TagSmith app itself.

5. Payments

Purchases of TagSmith Credits are processed by Paddle.com Market Limited ("Paddle"), which acts as the Merchant of Record for the transaction. Your purchase is subject to Paddle's own terms and conditions in addition to these terms. We do not receive or store your payment card details.

6. Disclaimer of warranties

TagSmith and TagSmith Credits are provided "as is" without warranty of any kind. We do not warrant that the software or service will be error-free, uninterrupted, or fit for any particular purpose. Metadata is written to your files directly – always keep your own backups of anything irreplaceable. Your use of the software is at your own risk.

7. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of TagSmith or TagSmith Credits, even if advised of the possibility of such damages. Our total liability to you will not exceed the amount you paid us in the twelve months before the claim arose.

8. Changes to these terms

We may update these terms from time to time. Continued use of the software or service after changes are posted here constitutes acceptance of the revised terms.

9. Governing law

These terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles.

10. Contact

Questions about these terms? Email us at support@tagsmith.app.