PickEpic™ Terms of Use (EULA)
Effective Date: November 25, 2025
These Terms of Use form a legally binding agreement between you ("User" or "you") and AurumSpire LLC ("AurumSpire", "we", "us", or "our") regarding your use of the PickEpic iOS application and any related services (collectively, the "App"). By installing or using the App, you agree to these Terms. If you do not agree, do not install or use the App.
1. Acknowledgement and Relationship with Apple
This agreement is between you and AurumSpire LLC, not Apple Inc. ("Apple"). AurumSpire, not Apple, is solely responsible for the App and its content.
Your use of the App must comply with Apple's Media Services Terms and Conditions and Apple's standard end user license terms.
Apple has no obligation to provide any maintenance or support services for the App and is not responsible for any claims by you or any third party relating to the App.
2. License Grant and Restrictions
Subject to your compliance with these Terms, AurumSpire grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions.
You agree that you will not, and will not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works of the App, except as permitted by these Terms or applicable law.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent that applicable law expressly allows this despite this limitation.
- Rent, lease, lend, sell, redistribute, or sublicense the App or any part of it.
- Remove, alter, or obscure any proprietary notices or labels on or in the App.
- Use the App in any manner that violates applicable law, infringes the rights of others, or violates these Terms.
3. Eligibility
By using the App, you represent and warrant that:
- You are at least 13 years old. If you are under the age required to enter a binding contract in your jurisdiction, your parent or legal guardian has reviewed and accepted these Terms on your behalf and is responsible for your use of the App.
- You have the legal capacity and authority to agree to these Terms.
- You are not barred from using the App under any applicable law.
4. User Content and Photos
The App allows you to select, upload, or otherwise make available photos and related data so that the App can analyze and provide feedback ("User Content").
You retain all rights in your User Content. These Terms do not transfer ownership of your photos to AurumSpire. However, by submitting or using User Content in connection with the App, you grant AurumSpire a worldwide, non-exclusive, royalty-free license to host, store, process, display, and use your User Content solely to:
- Provide the App and its features to you, including AI-powered analysis and photo critique.
- Maintain, secure, and improve the App.
- Enforce these Terms and comply with legal obligations.
You represent and warrant that you own your User Content or have all necessary rights to submit it and to grant the license above, and that your User Content does not violate any law or the rights of any person or entity.
5. AI-Powered Features and Third-Party Services
The App offers optional AI-powered features such as Photo Critique, Shot Selector, and Photo Insights.
When you use these features:
- Your selected photos are processed locally on your device for certain functions using Apple frameworks.
- For cloud-based analysis, your selected photos are sent from your device to our backend and then to third-party AI services, such as Google Gemini, to generate scores, descriptions, and feedback.
- We do not store your photos on our servers beyond the temporary period needed to perform the analysis. We retain only derived data such as scores, feedback text, and hashed or temporary identifiers, as described in our Privacy Policy.
By using AI-powered features, you authorize AurumSpire and our service providers to process your User Content for these purposes.
6. Subscriptions, Trials, and Payments
Some features of the App are available only through paid subscriptions or in-app purchases ("Paid Services").
- Purchases are processed by Apple using your Apple ID account. AurumSpire does not receive your full payment card details.
- We use RevenueCat to manage and verify your subscription status and entitlements based on transaction data provided by Apple.
- Subscriptions may renew automatically at the end of each billing period unless you cancel at least 24 hours before the current period ends. Auto-renewal settings are managed through your Apple ID account settings.
- You can view, manage, or cancel your subscriptions at any time in the Apple ID account settings on your device. Deleting the App does not cancel an active subscription.
- Refunds for purchases are handled by Apple under its policies. You must contact Apple Support to request a refund.
7. Usage Limits and Fair Use
To protect service availability, maintain quality for all users, and prevent abuse, we apply usage limits to certain features of the App, including AI-powered analysis. Limits may differ between free and paid tiers.
You agree that:
- You will use the App only within reasonable, human-scale usage patterns.
- You will not attempt to circumvent usage limits or automated protections, including by using automated scripts, bots, or other tools that simulate human activity.
We may temporarily or permanently restrict, throttle, or suspend your access to some features if we reasonably believe that your usage exceeds fair use thresholds, is automated or abusive, or threatens service stability or security.
8. Prohibited Conduct and Content
You agree not to use the App to:
- Upload, generate, or share content that is illegal, harmful, abusive, harassing, defamatory, hateful, discriminatory, sexually explicit, exploitative, or otherwise objectionable.
- Infringe or violate the intellectual property, privacy, publicity, or other rights of any person or entity.
- Upload content that includes explicit or illegal material involving minors, or any content that violates criminal laws or third-party content policies.
- Probe, scan, or test the vulnerability of the App or any related system or network, or circumvent technological protections, authentication, or usage limits.
- Interfere with or disrupt the operation of the App or any servers or networks that support the App.
- Use the App to develop, train, or improve a competing product or service that replicates core functionalities of the App without our prior written consent.
9. Maintenance and Support
AurumSpire is solely responsible for providing any maintenance and support services for the App, if we choose to provide such services. Apple has no obligation to provide maintenance or support services for the App.
10. Warranty and Refund Responsibility
To the extent any warranties are not excluded under applicable law, AurumSpire, not Apple, is responsible for addressing such warranties. If the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price for the App to you, if applicable. To the maximum extent permitted by law, Apple will have no other warranty obligation regarding the App.
11. Product Claims
AurumSpire, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including:
- Product liability claims.
- Claims that the App fails to conform to any applicable legal or regulatory requirement.
- Claims arising under consumer protection or similar legislation.
Apple has no responsibility for such claims.
12. Intellectual Property Rights
All intellectual property rights in and to the App, including all software, code, text, graphics, logos, and other content, are owned by AurumSpire or its licensors and are protected by copyright and other intellectual property laws.
If a third party claims that the App or your possession and use of the App infringes that party's intellectual property rights, AurumSpire, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
13. Legal Compliance and Export Control
By using the App, you represent and warrant that:
- You are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist-supporting" country.
- You are not listed on any United States government list of prohibited or restricted parties.
14. Disclaimers and No Professional Advice
Except where prohibited by law or where specific warranties are required by applicable consumer protection laws, the following disclaimers apply.
The App and all related services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory. Without limiting the foregoing, AurumSpire disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that:
- The App will be uninterrupted, secure, or free of errors.
- Defects will be corrected.
- Any scores, feedback, ratings, or other results obtained through the App are accurate, complete, or suitable for your intended use.
All feedback, ratings, and recommendations provided by the App are generated automatically and are for informational purposes only. They do not constitute professional photography advice, business advice, legal advice, or any other form of professional advice. You are solely responsible for your decisions and how you use any information obtained through the App.
15. Limitation of Liability
To the maximum extent permitted by law, AurumSpire LLC and its owners, officers, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages, or loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the App.
To the extent permitted by law, our total aggregate liability for all claims arising out of or relating to the App or these Terms will not exceed the greater of the total amount you paid for the App and Paid Services in the twelve months preceding the event giving rise to the claim, or fifty United States dollars (USD 50).
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, such as liability for death or personal injury caused by negligence, or for fraud.
16. Termination
These Terms remain in effect until terminated by you or by AurumSpire.
You may terminate these Terms at any time by deleting the App from your devices and ceasing all use of the App.
We may suspend or terminate your access to the App or terminate these Terms at any time, with or without notice, if we reasonably believe that you have violated these Terms or any applicable law, your use of the App may cause harm, legal liability, or disruption, or we cease providing the App or substantially all of its features.
17. Privacy
Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, store, and share information about you and your use of the App.
By using the App, you acknowledge that you have read and understood our Privacy Policy and agree to our data practices as described there.
18. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide notice within the App or by other appropriate means. Your continued use of the App after the updated Terms become effective constitutes your acceptance of the changes.
19. Third-Party Terms and Services
Your use of the App may also be subject to the terms and conditions of third-party services, including:
- Apple's Media Services Terms and Conditions.
- Google's terms and privacy policies for the Gemini services used to provide AI analysis.
- RevenueCat's terms and privacy policies for subscription management.
20. Apple as Third-Party Beneficiary
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary, to the extent they relate to Apple's rights and interests.
21. Governing Law and Dispute Resolution
Except where prohibited by applicable law, these Terms and any dispute arising out of or relating to them or to the App are governed by the laws of the Commonwealth of Pennsylvania, United States of America, without regard to conflict of law principles.
Subject to mandatory consumer rights, you agree that any disputes will be brought exclusively in the state or federal courts located in Pennsylvania, and you consent to the personal jurisdiction of those courts.
22. Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. AurumSpire may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
These Terms, together with the Privacy Policy and any additional terms presented within the App, form the entire agreement between you and AurumSpire regarding the App.
23. Contact Information
If you have any questions, complaints, or claims regarding the App or these Terms, please contact:
AurumSpire LLC
Email: support@aurumspire.com
Bryn Mawr, PA, USA