Article 1. Agreement and scope
These Terms of Service (the "Terms") are an agreement between Marginal Gains, Inc. (the "Company") and each person or entity using Suihei (the "User"). By downloading, installing, purchasing, or using the App, the User agrees to these Terms and the Privacy Policy. If the User does not agree, the User must not use the App.
Where a distribution store or an authorized sales page presents additional conditions, those conditions also apply. If mandatory law gives the User rights that cannot be waived by contract, those rights are not limited by these Terms.
Article 2. The App
Suihei is a macOS application that analyzes the tilt of photographs, applies roll rotation and inscribed cropping, allows manual refinement, and exports corrected copies. No account is required for the core App.
Core image processing is performed on the User's device and can operate without an internet connection. A connection may be required to download the App, purchase or restore an entitlement, open an external page, or receive support and updates.
Article 3. License
Subject to these Terms and payment of any applicable fee, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to use the App on devices the User owns or controls. For an App Store copy, use by other accounts associated through Family Sharing or volume purchasing is permitted only to the extent allowed by Apple's Usage Rules.
The App is licensed, not sold. The Company and its licensors reserve all rights not expressly granted. An entitlement obtained through one distribution channel does not unlock a technically separate build from another channel unless the Company expressly states otherwise before purchase.
Article 4. Free exports and purchase
Version 1 includes up to 300 cumulative exports without charge. After the free allowance is exhausted, viewing and editing remain available, but additional exports require an export entitlement.
Unlock Export for version 1 is offered as a one-time purchase, not an automatically renewing subscription. The price shown by the relevant store or authorized sales page at the time of purchase applies. Taxes, exchange rates, and local store pricing may vary. Purchase processing, cancellation, and refunds follow the rules of the payment provider and applicable law.
The free-export count is maintained on the device using system storage intended to reduce accidental or abusive resets. The Company does not guarantee that free allowance state can be recovered after device failure, storage corruption, or unsupported system modification.
Article 5. Nature of automated results
Tilt estimation and cropping are automated image-analysis results. They may be inaccurate, inconsistent, or different from the User's creative intent. The User is responsible for reviewing output before publication, delivery, printing, or other use.
Supported file formats, color behavior, image quality, and preservation of metadata such as EXIF depend on the relevant format, operating system, and App specifications. Complete support for every file or metadata field is not guaranteed.
Article 6. Images and data
The User must have the rights and permissions needed to process each input image, including copyright, privacy, and portrait rights. Rights in input and output images remain with the User or their rightful owner. The Company acquires no ownership in those images through use of the App.
The App is designed not to modify source image files and instead to export copies to a destination selected by the User. The User remains responsible for maintaining appropriate backups of important data.
Article 7. User responsibilities
- Use the App only in compliance with law, these Terms, and applicable store rules.
- Confirm that the App, operating system, and hardware are appropriate before using output in professional or time-critical work.
- Protect devices, backups, license information, and access to purchases.
- Do not submit confidential images or data to support unless the Company has requested them through an appropriate channel.
Article 8. Prohibited conduct
- Using the App for unlawful activity or to violate another person's intellectual property, privacy, portrait, publicity, or other rights.
- Copying, redistributing, renting, selling, sublicensing, or making the App available over a network except as expressly permitted by these Terms or applicable store rules.
- Reverse engineering, decompiling, disassembling, bypassing license controls, or attempting to derive source code, except to the extent such restriction is prohibited by law.
- Interfering with the App, purchase systems, security, distribution, support, or other Users.
Article 9. Intellectual property
The App, its software, design, documentation, text, graphics, trademarks, and other materials are owned by the Company or its licensors and are protected by applicable intellectual-property laws. These Terms do not transfer ownership of those materials to the User.
Article 10. Changes, updates, and availability
The Company may provide fixes, compatibility updates, or changes to the App and may discontinue distribution or support when reasonably necessary. Features may change to address law, security, platform requirements, technical constraints, or product development. The Company will give reasonable notice when a change materially affects a paid entitlement where practicable.
The Company does not promise indefinite compatibility with every future operating system, device, image format, or third-party service.
Article 11. Disclaimer of warranties
To the maximum extent permitted by law, the App is provided "as is" and "as available" without warranties of accuracy, uninterrupted availability, merchantability, fitness for a particular purpose, non-infringement, or suitability of any correction or output for a professional deliverable. Nothing in this Article excludes a warranty that cannot lawfully be excluded.
Article 12. Limitation of liability
To the maximum extent permitted by law, the Company is not liable for indirect, incidental, special, consequential, or lost-profit damages arising from the App, an incorrect correction, unavailable output, data loss, or interruption. Except for damage caused by the Company's intentional misconduct or gross negligence, the Company's aggregate liability is limited to the amount the User paid for the App during the 12 months before the event giving rise to the claim.
These limits do not apply where prohibited by applicable consumer or other mandatory law. In particular, these Terms do not exclude or limit liability in a manner invalid under the Consumer Contract Act of Japan or equivalent mandatory protections in the User's country or region.
Article 13. App Store terms
For an App Store copy, these Terms are between the Company and the User, not Apple. The Company, not Apple, is responsible for the App, support, product claims, legal compliance, and third-party intellectual-property claims. Apple has no obligation to provide maintenance or support.
If the App fails to conform to an applicable warranty, the User may notify Apple and Apple may refund the purchase price, if any, as provided by Apple's rules. To the maximum extent permitted by law, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the App Store provisions after the User accepts them.
The User represents that the User is not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and is not listed on a United States Government prohibited or restricted parties list.
Article 14. Changes to these Terms
The Company may update these Terms when reasonably necessary because of changes to law, the App, distribution, or business operations. Material changes will be announced on the Site or in the App before taking effect where required. Continued use after the effective date constitutes acceptance only to the extent permitted by applicable law.
Article 15. Language and severability
The Japanese version is the governing text. Translations are provided for convenience, and the Japanese version prevails to the extent permitted by law. If any provision is unenforceable, the remaining provisions remain effective.
Article 16. Governing law, jurisdiction, and contact
These Terms are governed by the laws of Japan, without depriving a consumer of mandatory protections in the consumer's country or region. The Osaka District Court has exclusive jurisdiction as the court of first instance, except where mandatory law provides otherwise.
Provider: Marginal Gains, Inc., Taiga Building 10F, 3-6-2 Bingomachi, Chuo-ku, Osaka 541-0051, Japan. Questions and complaints are accepted through the Contact page on this Site.