Welcome to Real Photos. These Terms of Service ("Terms") govern your access to and use of our mobile application, website, and related services (collectively, the "Services"). By using the Services, you agree to be legally bound by these Terms. If you do not agree, you may not use the Services.

1. OVERVIEW

Real Photos enables you to:

• Capture and verify photographs as authentic and unedited;
• Mint verified images as NFTs;
• Manage a built-in, self-custodial crypto wallet;
• Swap NFTs via a non-custodial peer-to-peer marketplace.

These services rely on blockchain and cryptographic systems that involve significant financial and operational risk.

2. ELIGIBILITY

You must be at least 18 years old and have the legal capacity to enter into this agreement. You are solely responsible for compliance with the laws applicable in your jurisdiction.

3. SELF-CUSTODIAL WALLET TERMS

Our platform provides access to a non-custodial crypto wallet:

• You are the only party with access to your private keys or recovery phrase.
• We do not store, recover, or control your wallet, funds, or NFTs.
• If you lose your keys or your device is compromised, your assets may be permanently lost.

⚠️ You are fully responsible for safeguarding your wallet credentials. Real Photos bears no liability for asset loss or security breaches.

4. NFT MINTING TERMS

You may mint verified photos as NFTs through our platform. By doing so, you represent and warrant that:

• You are the rightful owner of all rights to the content;
• The image is not AI-generated, manipulated, or deceptive;
• Minting an NFT does not legally certify authenticity beyond the scope of our platform.

We do not guarantee legal protection, resale value, or third-party recognition of NFTs minted on Real Photos.

5. NFT SWAP & MARKETPLACE TERMS

Our non-custodial NFT marketplace allows peer-to-peer swaps:

• All transactions are final, irreversible, and occur on public blockchain networks;
• We do not escrow, mediate, or verify counterparties;
• You bear all risk of fraud, misrepresentation, or technical failure.

⚠️ Exercise caution and conduct your own diligence before trading. Real Photos is not responsible for losses from any transaction.

6. APP STORE TERMS (APPLE / GOOGLE)

If you downloaded Real Photos via Apple App Store or Google Play Store:

• You acknowledge that Apple/Google is not responsible for the Services, including any losses or claims arising from use of the app.
• Real Photos alone is responsible for performance, support, and content.
• You agree to also abide by the applicable platform's own terms and policies.
• Apple and Google may be considered third-party beneficiaries of these Terms.

7. CONTENT OWNERSHIP AND LICENSE

Your Rights:

You retain full ownership of all photos and content you upload to Real Photos. You may:

• Delete your content at any time;
• Export your NFTs and crypto assets without restriction;
• Revoke our right to use your content in future commercial materials (controlled by Real.Photos);
• Request that we stop using specific works in promotional content.

Our Rights:

By posting content on Real Photos, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your work—both on-platform and in external commercial and marketing materials—while it remains publicly accessible on our platform.

We deeply respect creators' rights. If you ever change your mind, just notify us and we will promptly remove your content from our promotional use.

8. NO WARRANTIES

We provide the Services "as is" and "as available." To the fullest extent permitted by law, we make no warranties or guarantees of any kind, including but not limited to:

• Uptime, accuracy, or availability;
• Blockchain functionality, reliability, or security;
• Resale value, discoverability, or enforceability of NFTs.

9. LIMITATION OF LIABILITY

To the maximum extent allowed by law, Real Photos shall not be liable for any:

• Lost funds, NFTs, or access due to key loss or user error;
• Hacks, phishing, or social engineering attacks;
• Fraud, scams, or misconduct by third parties;
• Failures of blockchain networks or smart contracts.

Our total aggregate liability under any legal theory shall not exceed $100 USD.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Real Photos, its officers, employees, and affiliates from any claims, losses, or damages arising out of:

• Your use of the Services;
• Your uploaded content;
• Your on-chain transactions;
• Your violation of these Terms or any applicable laws.

11. ACCOUNT TERMINATION

We will only suspend or terminate accounts in rare cases involving:

• Violations of law or these Terms;
• Clear evidence of fraud, abuse, or harm to others;
• Content that jeopardizes platform safety or legality.

We will make good-faith efforts to contact you first and give you an opportunity to respond or resolve the issue. We do not take removal actions lightly.

If you believe your account was restricted unfairly, please contact info@real.photos.

12. MODIFICATIONS TO TERMS

We may update these Terms at any time. Changes will be posted on our website or in the app. Continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.

13. GOVERNING LAW AND ARBITRATION

These Terms are governed by the laws of the State of New York, excluding conflict-of-law principles.

Binding Arbitration Clause

Any dispute arising from these Terms or your use of the Services will be resolved by binding arbitration in New York County, New York, under the rules of the American Arbitration Association.

• You waive the right to a jury trial and class action claims.
• You and Real Photos agree to resolve disputes individually.

14. ENTIRE AGREEMENT

These Terms constitute the full agreement between you and Real Photos and supersede all prior agreements, representations, or understandings.

15. CONTACT

Questions or comments?
Email: info@real.photos