Terms of Use

Effective 5 September 2026

1. Agreement and App Store licence

These Terms of Use are between you and Neon Tiger Labs LLC, a California limited liability company, and govern your use of the Itermark iOS app (the "App") and itermark.app (the "Site"). If you do not agree, do not use the App or Site.

The App is licensed, not sold. Unless the App Store listing identifies a separate custom end-user licence agreement, Apple's standard Licensed Application End User License Agreement (the "Standard EULA") governs the App licence. These Terms supplement the Standard EULA. If they conflict on a matter the Standard EULA controls, the Standard EULA governs that matter.

2. What Itermark is

Itermark is a progress camera for projects that visually change over time. It lets you build photo timelines, align captures, review changes, and create reveal media from your own images.

Itermark is a creative documentation tool. It is not a medical, fitness, health, diagnostic, measurement, inspection, engineering, or safety service. Visual comparisons are only as reliable as the images, alignment, lighting, camera position, and information you provide.

3. Your photos and project content

Your photos, project names, notes, and other user-entered content remain yours. You are responsible for having the rights and permissions necessary to capture, import, store, edit, and share that content, including appropriate permission before photographing or publishing identifiable people or private property.

You grant Neon Tiger Labs no ownership interest in your project content. The App processes your content as needed to provide the features you request.

4. Local-first storage and private iCloud sync

Itermark stores project data and progress photos locally on your device. In Release builds, when iCloud is available, supported project records and photo data may synchronize through the private CloudKit database associated with your Apple account so your projects can appear on your Apple devices. Neon Tiger Labs does not operate an Itermark account server and does not have application-level access to your private CloudKit records. See the Privacy Policy for current data-path details.

You are responsible for maintaining access to your devices and Apple account and for keeping any exports or backups you choose to create. Uninstalling the App removes its local data from that device but does not necessarily remove synchronized records already stored in your iCloud account.

5. Free access, Premium, and purchases

Itermark may offer free features and optional Premium features. Premium may be available through auto-renewing monthly or annual subscriptions and may also be available as a one-time lifetime purchase. The products, included features, prices, introductory offers, trial eligibility, and trial duration shown in the App before purchase are the authoritative purchase terms for that transaction.

All App Store purchases are processed by Apple and charged to your Apple account. Neon Tiger Labs does not receive your payment-card credentials.

6. Subscriptions, cancellation, and refunds

• Auto-renewal: An auto-renewing subscription continues until you cancel it through your Apple account. Apple handles renewal timing, billing, price-change notices or consent where required, and subscription administration under its applicable terms.
• Trials and offers: If an introductory offer or free trial is shown to you, the eligibility, duration, conversion price, and other terms shown before confirmation govern that offer.
• Cancellation: You can manage or cancel subscriptions in your Apple account subscription settings. Cancellation ordinarily stops future renewal and does not retroactively erase a period already paid for, subject to Apple's rules and applicable law.
• Lifetime purchase: A lifetime unlock, if offered and purchased, is a one-time App Store purchase rather than an auto-renewing subscription.
• Refunds: Refund eligibility and requests are handled by Apple under its App Store rules and applicable law.

We may change future pricing, plan availability, or Premium feature bundles. Changes affecting an existing subscription remain subject to Apple's subscription rules and applicable consumer law.

7. Export, sharing, and third-party destinations

When you export, save, or share photos, reveals, videos, or project archives, the App hands the selected content to iOS or to the destination you choose. You are responsible for that content after it is sent to another app, person, or service and for complying with the destination's terms.

8. Acceptable use

You agree not to:

• Use the App or Site for an unlawful purpose or to violate another person's privacy, publicity, intellectual-property, or other rights
• Use Itermark to create deceptive media presented as a precise scientific, medical, safety, or engineering measurement when it is not one
• Attempt to access systems or data that are not intended for you
• Reverse engineer, decompile, disassemble, or attempt to derive source code except to the extent applicable law expressly permits despite this restriction
• Redistribute, sublicense, rent, lease, or resell the App except as permitted by the Standard EULA or applicable law

9. Intellectual property

Your user content remains yours. Itermark, including its software, design, copy, documentation, branding, and Site content, is owned by Neon Tiger Labs LLC or its licensors and is protected by applicable intellectual-property law. No rights are granted except the limited rights expressly provided by these Terms, the Standard EULA, and applicable law.

10. App and Site changes

We may update the App, change or discontinue features, stop offering future downloads, or stop maintaining the Site. We do not promise that every export format, reveal type, integration, Premium feature, or device capability will remain available forever. Any change affecting an active subscription is subject to Apple's rules and applicable consumer law.

11. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEON TIGER LABS LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PHOTOS, LOST PROJECTS, LOST OPPORTUNITIES, OR OTHER LOSSES ARISING FROM OR RELATED TO THE APP, SITE, OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR CLAIMS ARISING FROM THE APP, SITE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO ACCESS ITERMARK DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR US$100. Some jurisdictions do not allow certain warranty exclusions or liability limitations, so some of the above may not apply to you.

13. Governing law

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules, except to the extent mandatory consumer law in your place of residence provides otherwise. Any court proceeding must be brought in a court with lawful jurisdiction over the dispute.

14. Changes to these Terms

We may update these Terms as the product, Site, or legal requirements change. We will update the effective date and, where appropriate, provide additional notice of material changes. Continued use after revised Terms take effect constitutes acceptance to the extent permitted by applicable law. If you do not agree to revised Terms, stop using the App and Site.

15. Severability and entire agreement

If a provision is found unenforceable, the remaining provisions remain in effect to the extent permitted by law. These Terms, the Privacy Policy, the Standard EULA, and applicable App Store terms form the agreement governing your use of Itermark.

16. Contact

Questions: legal@neontigerlabs.com.