Terms of Service

1. Agreement to Terms

By downloading, installing, or using WhoTook ("the App"), you agree to be bound by these Terms of Service. If you do not agree, do not use the App.

These Terms apply to all users of WhoTook, including photographers (users who take photos) and subjects (users who appear in photos).

2. Eligibility

You must be at least 13 years old to use WhoTook. By creating an account, you confirm that you meet this age requirement. Users under 18 must have parental consent.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@whotook.app if you suspect unauthorized access to your account.

You may not create accounts for others without their permission, or create multiple accounts to circumvent restrictions.

4. Acceptable Use

You agree to use WhoTook only to:

• Photograph people in lawful settings where photography is permitted
• Notify others that they have been photographed
• Give and receive consent regarding photos you appear in

You agree NOT to use WhoTook to:

• Photograph people without a lawful basis or in places where photography is prohibited
• Stalk, harass, intimidate, or surveil any person
• Photograph people in private settings without their knowledge or consent
• Capture images in bathrooms, changing rooms, medical facilities, or other inherently private spaces
• Use the app to identify strangers for purposes of unwanted contact
• Circumvent or abuse the consent system
• Upload photos you did not personally take
• Attempt to reverse-engineer, scrape, or exploit the facial recognition system
• Use the app for any illegal purpose

5. Consent and the Consent System

WhoTook's core feature is a consent system that notifies subjects when they are photographed and allows them to approve or deny retention of those photos. You agree to honor this system in good faith.

As a photographer, you agree that:

• If a subject denies consent, the photo is permanently deleted and you will not attempt to retain copies outside the app
• You will not attempt to manipulate or deceive subjects to obtain their consent

As a subject, you understand that:

• You may approve or deny any photo you appear in
• Denial results in permanent deletion of the photo from our systems
• You may revoke biometric consent at any time through your account settings

6. Biometric Data Consent

WhoTook uses facial recognition. Before your biometric data is collected, you will be presented with a separate, explicit consent disclosure. Participation in the facial recognition system is entirely voluntary. You may use WhoTook as a photographer without enrolling in face recognition.

By enrolling in face recognition, you consent to the collection, storage, and processing of your biometric data as described in our Privacy Policy.

7. Photos and Content

You retain ownership of photos you take. By uploading a photo to WhoTook, you grant us a limited license to store, process, and display that photo solely for the purpose of operating the consent notification system.

We do not claim ownership of your photos. We do not use your photos for advertising or any purpose beyond operating the app.

You represent that you have the right to upload any photo you submit, and that doing so does not violate any applicable law or third-party right.

8. Prohibited Content

You may not upload photos that contain:

• Nudity or sexually explicit content
• Content that is abusive, threatening, or harassing toward any person
• Content that violates any applicable law
• Content that infringes any third-party intellectual property or privacy rights

We reserve the right to remove any content and terminate any account that violates these rules.

9. Termination

We may suspend or terminate your account at any time if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to other users, to us, or to third parties.

You may delete your account at any time. See our Account Deletion page for instructions. Upon deletion, your data will be removed as described in our Privacy Policy.

10. Disclaimers

WhoTook is provided "as is" without warranties of any kind, express or implied. We do not guarantee that the app will be uninterrupted, error-free, or that facial recognition will be accurate in all cases. Facial recognition technology has known limitations and may produce false positives or false negatives.

You use the app at your own risk. We are not responsible for how other users use the app.

11. Limitation of Liability

To the maximum extent permitted by law, WhoTook and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the app, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to these Terms or the app shall not exceed the amount you paid us in the past 12 months (if any).

12. Governing Law

These Terms are governed by the laws of the United States. Any disputes shall be resolved through binding arbitration or in the courts of competent jurisdiction.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes through the app or by email. Continued use of WhoTook after changes are posted constitutes your acceptance of the revised Terms.

14. Contact

Questions about these Terms?