These Terms of Service (“Terms”) are a legal agreement between you and Modest Foundry (“FlickrVault”, “we”, “us”) and govern your use of the FlickrVault desktop application and the website at flickrvault.modestfoundry.com (together, the “Service”). By downloading, installing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 16 years old (or the age of digital consent in your country, if higher) to use the Service. By using it, you confirm that you meet this requirement and that you can form a binding contract with us.
2. What FlickrVault is
FlickrVault is a desktop application that backs up photos and videos from Flickr to your own computer. It can back up:
- your own Flickr account, including private photos and albums;
- another user’s public photos; and
- public photos found through search across Flickr.
Photos are downloaded directly from Flickr to your device and never pass through our servers. FlickrVault is an independent product and is not affiliated with, or endorsed by, Flickr or SmugMug, Inc.
3. Your Flickr account and authorization
- You connect FlickrVault to Flickr using Flickr’s official sign-in (OAuth). We never see or store your Flickr password.
- You grant FlickrVault read-only access to your photos. FlickrVault cannot modify or delete anything in your Flickr account.
- The authorization token is stored on your device and can be revoked at any time, either from within FlickrVault or from your Flickr account settings.
- Your use of Flickr remains subject to Flickr’s own Terms of Service and the Flickr API Terms. You agree not to use FlickrVault in any way that would breach them.
4. Credits, free allowance, and purchases
- Credits. Backing up one original photo costs one credit. Browsing albums and reading metadata are free. Re-downloading the same photo within 7 days does not cost an additional credit.
- Free allowance. Each Flickr account receives a one-time allowance of 1,000 free credits. Deleting and re-creating an account with the same Flickr identity does not re-grant this allowance.
- Credit packs. Additional credits are sold as one-time packs — for example 1,000 credits for $2.99, 5,000 for $7.99, and 15,000 for $19.99 (prices in USD). FlickrVault is pay-as-you-go: there is no subscription, and purchased credits do not expire.
- Payment. When purchasing is enabled, payments are processed by Paddle, which acts as the merchant of record and handles applicable taxes. Your purchase is also subject to Paddle’s terms.
- Changes. We may change prices and pack sizes from time to time. Changes do not affect credits you have already purchased.
Note: purchasing may be rolled out after launch. Until then, paid credit packs are shown for information only.
5. Refunds
Credits are digital goods delivered immediately. We offer a full refund within 14 days of purchase if you have not used any of the credits from that purchase; once any credit from a purchase has been used, that purchase is non-refundable. Your free allowance is never refundable — only credits you have paid for can be. Duplicate, erroneous, or unauthorized charges are always refundable. If a purchase is refunded, the corresponding credits are removed from your balance. Nothing in these Terms limits any statutory rights you may have. See our full Refund Policy for details and how to request a refund (payments and refunds are handled by Paddle).
6. Acceptable use
You agree not to:
- use the Service for any unlawful purpose, or to infringe anyone’s rights;
- attempt to circumvent credit limits, the free allowance, or any security or access controls;
- abuse, overload, or interfere with the Service, Flickr’s API, or Flickr’s infrastructure;
- reverse-engineer the Service except to the extent permitted by law; or
- resell or commercially redistribute the Service without our permission.
7. Other people’s photos, copyright, and licensing
FlickrVault can download public photos that belong to other people. You are solely responsible for how you find, download, store, and use those photos.
To help you act responsibly, FlickrVault:
- respects each photo’s download permission (photos whose owner disabled downloads are skipped);
- can filter results to Creative-Commons and public-domain licenses; and
- records each photo’s license, author, and source URL alongside the download.
Recording a license does not grant you any rights. You must comply with each photo’s license and with applicable copyright law, including any attribution, non-commercial, or no-derivatives conditions. We are not responsible for your use of third-party content.
By using FlickrVault to download any photo, you accept these Terms. You are solely responsible for ensuring that each download — and your subsequent use of the photo — complies with the copyright laws that apply to you, with the photo owner’s rights and the photo’s licence and terms on Flickr, and with Flickr’s own Terms of Service. Any legal liability arising from the photos you download, or from how you use them, rests with you alone, and not with FlickrVault or Modest Foundry. If you are a rights holder and believe your work has been infringed, see our Copyright & Reporting Infringement page.
8. Intellectual property
The Service, including the FlickrVault software, name, logo, and website, is owned by Modest Foundry and protected by intellectual-property laws. These Terms do not grant you any rights in our trademarks or branding. Photos you back up remain the property of their respective owners.
9. Third-party services
The Service relies on third parties — including Flickr / SmugMug (photos and API), Cloudflare (hosting and analytics), and Paddle (payments). Your use of those features may be subject to the relevant third party’s terms, and we are not responsible for their services.
10. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that it will back up every photo — its operation depends on Flickr’s API and availability, which are outside our control. FlickrVault is a backup tool and is not a substitute for keeping your own additional copies of important data.
11. Limitation of liability
To the maximum extent permitted by law, Modest Foundry will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us in the 12 months before the claim, or (b) USD 20. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless Modest Foundry from any claims, damages, or expenses arising from your misuse of the Service or your violation of these Terms or of any third party’s rights, including in connection with photos you download.
13. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate access if you breach these Terms or misuse the Service. Sections that by their nature should survive termination (including §§7–12) will survive.
14. Changes to the Service and to these Terms
We may update the Service and these Terms from time to time. We will post the revised Terms here with a new “Last updated” date and, for material changes, provide notice in-app or by email. Continued use after changes take effect means you accept the revised Terms.
15. Governing law
These Terms are governed by the laws of Taiwan (Republic of China), without regard to conflict-of-laws rules. Where required, mandatory consumer-protection laws of your country of residence still apply.
16. Contact
Modest Foundry Email: [email protected]