Terms of Service

Agreement to these Terms

These Terms of Service (“Terms”) are an agreement between you and Bitten Development Agency LLC, an Arizona limited liability company (“Ourside,” “we,” “us,” or “our”). They govern your use of the Ourside iPhone app, its widgets and notifications, this website, and the related services we provide (together, the “Service”).

By creating an account or using the Service, you agree to these Terms and confirm that you have read our Privacy Policy, which explains how we handle your information. If you don’t agree, please don’t use the Service.

Who can use Ourside

You must be at least 13 years old to create an account. If you are under the age of majority where you live, a parent or legal guardian must agree to these Terms for you, and they are responsible for your use of the Service.

You can’t use the Service if you are barred from doing so under applicable law, or if we have previously closed your account for breaking these Terms.

Your account

You sign in with Sign in with Apple. You are responsible for keeping your Apple Account secure and for activity on your Ourside account. Tell us right away at legal@tryourside.com if you think someone else is using it.

You can delete your account at any time in Settings → Account → Delete Account. Deleting your account removes your photos, people, and pictures from our servers, as described in the Privacy Policy. Deleting your account does not cancel an Ourside Plus subscription. Cancel it through Apple as described in section 5.

The service

Ourside uses AI to make a new picture of you and the people and pets you add, and shows it in the app and on your Home Screen widget. Adding people and pets, and the daily Topic of the Day picture, are free. Some features, such as additional widgets and groups or a longer history, require Ourside Plus.

We are always improving Ourside, so features may change, and we may add or remove them. We aim to deliver a picture every day, but we don’t promise that the Service will always be available, on time, or free of errors. A picture may be late, missing, or skipped, for example when a provider is down or a picture doesn’t pass our quality checks.

Ourside Plus

Ourside Plus is an auto-renewing subscription sold and billed by Apple through the App Store. The price and billing period are shown in the app before you buy. Payment is charged to your Apple Account when you confirm your purchase.

Some plans start with a free trial, shown in the app before you subscribe. You aren’t charged during the trial. Unless you cancel at least 24 hours before it ends, the subscription begins and your Apple Account is charged the plan’s price when the trial ends. Apple decides who can get a trial; it is usually once per Apple Account.

Your subscription renews automatically for the same period and price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the current period ends. If the price changes, Apple will tell you in advance and, where required, ask for your consent.

You can manage or cancel your subscription in Ourside (Settings → Manage Subscription) or on your iPhone in Settings → your name → Subscriptions. Canceling stops future renewals. Ourside Plus stays active until the end of the period you already paid for. Refunds are handled by Apple under its App Store terms, so we can’t issue them ourselves.

Your photos and people

You own your content

You keep all rights to the photos, names, and other content you add to Ourside (“Your Content”). You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and display Your Content, and to make pictures from it, only to provide the Service to you. This license ends when you delete that content or your account, except for copies kept for a limited time in backups and logs as described in the Privacy Policy.

We don’t use Your Content to train AI models, and we don’t use it for advertising.

AI processing

Pictures are made with AI. Before you add any photos, the app asks you to agree to send the photos and names you add to our AI providers to make and check your pictures. The Privacy Policy names those providers and explains what we send.

People in your pictures

You promise that:

• you have the right to use every photo you add;
• everyone you add is happy to be in your pictures;
• if you add a child, you are their parent or guardian or have their parent’s or guardian’s permission; and
• you will remove someone, and their photos, if they ask you to.

Generated pictures

The pictures Ourside makes for you are yours to keep, save, and share. To the extent we have any rights in them, we assign those rights to you. You give us the same license over them as over Your Content, so we can store them and show them to you.

AI pictures can be imperfect. People may not look exactly like themselves, and other users may get pictures with similar scenes or topics. Generated pictures show imagined scenes. Don’t present them as real events or use them to mislead anyone about what a real person did or said. You are responsible for how you use and share your pictures.

Acceptable use

When you use Ourside, you agree not to:

• add photos of anyone without their permission, or of a child without a parent’s or guardian’s permission;
• upload content that is illegal, sexual, hateful, harassing, or violent, or that infringes anyone’s rights;
• use pictures to deceive, impersonate, defame, or harass anyone;
• try to get around our safety and quality checks, usage limits, or subscription features;
• access the Service by automated means, or reverse engineer, scrape, or overload it, except as the law expressly allows;
• try to access other people’s accounts or data, or probe or break our security; or
• use the Service for any unlawful purpose or in violation of these Terms.

Our intellectual property

Apart from Your Content and your pictures, the Service, including the app, its design, the Ourside name and logo, and our software, belongs to us and our licensors and is protected by law. These Terms don’t give you any right to use our trademarks.

If you send us ideas or feedback, we may use them without any obligation to you.

Third-party services

Ourside relies on other companies, including Apple for sign-in, purchases, and notifications, and the providers listed in our Privacy Policy. Their own terms and privacy policies apply to your use of their services, and we aren’t responsible for them.

Apple and the App Store

Your license to use the Ourside app is governed by Apple’s Licensed Application End User License Agreement (the “Standard EULA”). These Terms add to the Standard EULA and cover the Service. If they conflict about your license to the app itself, the Standard EULA controls.

You also acknowledge that:

• these Terms are between you and us only, not Apple, and we, not Apple, are responsible for the app and its content;
• Apple has no obligation to provide maintenance or support for the app;
• if the app fails to meet any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the fullest extent permitted by law, Apple has no other warranty obligation for the app;
• we, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection claims, and claims that it infringes someone’s intellectual property;
• you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and you are not on any U.S. Government list of prohibited or restricted parties; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Suspension and termination

You can stop using Ourside and delete your account at any time. We may suspend or close your account, or limit features, if you break these Terms, if your use puts the Service or other people at risk, or if the law requires it. When we can, we’ll tell you first and give you a chance to fix the problem. We may also stop offering the Service. If we do, we’ll give you reasonable notice.

Sections 7, 9, and 13 through 19, and any other terms that by their nature should last, survive the end of these Terms.

Disclaimers

THE SERVICE AND ALL PICTURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON’T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PICTURE WILL BE ACCURATE OR MEET YOUR EXPECTATIONS.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR OURSIDE PLUS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$50.

Some places don’t allow these limits, so they may not fully apply to you. Nothing in these Terms limits liability that can’t be limited by law.

Indemnity

To the extent permitted by law, you will defend and hold us harmless from third-party claims, and related costs and reasonable attorneys’ fees, arising from Your Content, from your use of pictures, or from your breach of these Terms.

Disputes and arbitration

Talk to us first

Most problems can be solved quickly. Before starting a formal dispute, email legal@tryourside.com with your name, the email address on your account, a description of the problem, and what you’d like us to do. We’ll do the same if we have a dispute with you. Both sides agree to try in good faith to resolve it within 60 days.

Binding individual arbitration

If we can’t resolve it, you and we agree that any dispute, claim, or controversy arising from or relating to these Terms or the Service will be resolved by binding individual arbitration, not in court. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, in effect when the arbitration starts, before a single arbitrator. The Federal Arbitration Act governs this section.

The arbitration may take place by video, by phone, based on written submissions, or in person in the county where you live. Fees are paid as the AAA Consumer Arbitration Rules provide. If you show that the costs of arbitration would be prohibitive compared to the costs of going to court, we will pay as much of them as the arbitrator finds necessary to prevent that. The arbitrator may award the same individual relief a court could, but only to you individually.

Exceptions

Either side may bring an individual claim in small claims court if it qualifies. Either side may also ask a court to stop infringement or misuse of intellectual property.

No class actions and no jury

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE BOTH WAIVE THE RIGHT TO A JURY TRIAL.

If a court decides that this class action waiver can’t be enforced for a particular claim, that claim (and only that claim) will be decided by a court under section 17, not in arbitration.

Your right to opt out

You can opt out of this arbitration agreement by emailing legal@tryourside.com within 30 days of first accepting these Terms. Include your name, the email address on your account, and a clear statement that you want to opt out of arbitration. Opting out doesn’t affect any other part of these Terms.

Governing law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs section 16. For any dispute not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Arizona.

If you are a consumer in a country that gives you the right to bring claims in your local courts or under your local law, nothing in these Terms takes that right away.

Changes to these Terms

We may update these Terms as the Service changes or the law requires. We’ll change the date at the top of this page, and for material changes we’ll give you reasonable notice in the app or by email before they take effect. If you keep using the Service after an update takes effect, you accept the updated Terms. If you don’t agree, you can stop using the Service and delete your account.

Changes to section 16 won’t apply to a dispute we already knew about before the change took effect.

General

• Entire agreement. These Terms, the Privacy Policy, and the Standard EULA are the whole agreement between you and us about the Service.
• Severability. If any part of these Terms can’t be enforced, the rest stays in effect.
• No waiver. If we don’t enforce a part of these Terms right away, we can still enforce it later.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition, or sale of assets, or to an affiliate.
• Events outside our control. We aren’t responsible for delays or failures caused by events beyond our reasonable control.
• Export. You agree to follow U.S. and other applicable export and sanctions laws when using the app.
• Notices. We may send you notices in the app or to the email address on your account, which may be an Apple private relay address. You can send notices to the address below.

Contact

Questions about these Terms: