MarkShot

Terms of Use

The terms that apply when you use MarkShot, including subscriptions, AI extraction, and the App Store terms required by Apple.

Last updated: 16 August 2026

1. Agreement

These Terms of Use ("Terms") form an agreement between you and Shotaro Shibata, trading as Photo&Code, an individual developer based in Tokyo, Japan ("Photo&Code", "we", "us", or "our"). They govern your use of the MarkShot application ("MarkShot" or the "App").

By downloading, accessing, or using MarkShot, you agree to these Terms. If you do not agree to them, please do not use the App.

2. About MarkShot

MarkShot lets you save, organise, and revisit content such as photos, videos, web pages, links, text notes, and related information. It may also offer categories, reminders, location information, metadata display, iCloud storage and backup, and AI extraction from web pages.

Features may be added, changed, or removed as MarkShot develops.

3. Eligibility

You may use MarkShot only if you are legally permitted to do so under the laws that apply to you.

If you are a minor in your country or region, you may use MarkShot only with the consent of a parent or legal guardian, where such consent is required.

4. Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use MarkShot on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

This licence does not allow you to use MarkShot on an Apple-branded product that you do not own or control, or to make it available over a network where it could be used by more than one device at a time, except as those Usage Rules permit.

All rights not expressly granted are reserved.

5. Your Content

You keep ownership of the photos, videos, notes, links, and other content that you save or create in MarkShot ("User Content").

We do not claim ownership of your User Content, and using MarkShot transfers no ownership to us. We do not use your User Content for advertising, profiling, or AI model training.

You are responsible for making sure you hold the rights you need to save, use, copy, or otherwise process any content you add to MarkShot. Being able to save something in MarkShot does not give you the right to redistribute, publish, or otherwise exploit third-party content in ways that would infringe the rights of its owner.

6. Your Responsibilities

You are responsible for your use of MarkShot and for the content you save with it.

You agree not to use MarkShot:

  • for unlawful purposes;
  • to infringe the copyright, trademark, privacy, publicity, or other rights of another person;
  • to interfere with or disrupt the operation or security of MarkShot;
  • to attempt to gain unauthorised access to systems or services related to MarkShot;
  • to circumvent security or access-control features; or
  • in any other way that breaks applicable laws or regulations.

7. Web Content and External Services

MarkShot lets you save links to websites and other online content. Those sites and services are operated by third parties and are not under our control.

We do not guarantee the availability, accuracy, legality, safety, or continued existence of any third-party website or its content. Web pages may be changed, moved, restricted, or deleted at any time by whoever operates them.

Your use of third-party websites and services may also be subject to the terms and privacy policies of those third parties.

8. AI Extraction

MarkShot offers an optional feature that uses artificial intelligence to read a web page, summarise it, and pick out details such as dates and addresses. It is switched off until you turn it on.

How it works. For a page to be read, its text is sent from your device to our relay and on to OpenAI. What is transmitted, what we keep, and for how long are set out in the MarkShot Privacy Policy.

Only use it on pages you may send. By using the feature you confirm that you are entitled to send the text of the page for processing. Do not use it on material you are not permitted to disclose — for example content behind a confidentiality obligation, or a page containing another person's personal information that you have no right to share.

Results are generated automatically and may contain errors, omissions, outdated information, or readings that differ from the original source. An AI-generated summary or extracted detail is not a substitute for the original source. When accuracy matters, review the original web page or other source material.

We do not guarantee the accuracy, completeness, reliability, or suitability of AI-generated content for any particular purpose. You should not rely on it alone when making significant legal, medical, financial, safety-related, or other important decisions.

9. Storage on Your Device and in iCloud

MarkShot stores User Content on your device. If you choose to use iCloud, some data is also stored in your own iCloud account through services provided by Apple.

We have no access to User Content held in your iCloud account and cannot view, retrieve, modify, restore, or delete it on your behalf.

The availability and operation of iCloud are controlled by Apple and are subject to Apple's own terms, policies, system requirements, storage limits, and service availability.

10. Backups and Data Loss

MarkShot is designed to help you keep hold of content that matters to you, but no software or storage system can guarantee that data is preserved permanently.

User Content may be lost, damaged, corrupted, or become inaccessible because of, among other things:

  • device failure or loss;
  • operating system updates or failures;
  • application errors or unexpected behaviour;
  • iCloud errors, outages, synchronisation problems, or storage limits;
  • user error or accidental deletion;
  • changes to third-party services; or
  • other technical circumstances beyond our reasonable control.

We do not operate a service that keeps a recoverable copy of your MarkShot library. As a result, we may be unable to restore User Content that has been lost or deleted. You are responsible for keeping your own backups of content that is important to you.

To the maximum extent permitted by applicable law, we are not responsible for loss, corruption, deletion, or inability to access User Content arising from your use of MarkShot.

11. Subscriptions and In-App Purchases

MarkShot offers a paid subscription, and may offer other in-app purchases.

Where to find the terms of your plan. The name of the subscription, the length of each billing period, the features it includes, and the price — including the price per period — are shown in the App and on the App Store product page before you confirm a purchase.

How billing works. Purchases made through the App Store are processed by Apple and are subject to Apple's payment terms and policies.

  • Payment is charged to your Apple Account when you confirm the purchase.
  • The subscription renews automatically unless auto-renewal is turned off at least 24 hours before the end of the current period.
  • Your account is charged for renewal within the 24 hours before the end of the current period, at the price of the plan you selected.
  • You can manage your subscription and turn off auto-renewal at any time in your Apple Account settings. Deleting the App does not cancel your subscription.
  • Where a free trial is offered, any unused part of it is forfeited when you buy a subscription covering the same period.
  • Prices may change. Where Apple requires it, an increase takes effect only after notice and, where required, your consent; otherwise you may cancel before the change takes effect.

Refunds. Refunds for App Store purchases are handled by Apple in accordance with Apple's policies, and we are generally not able to issue them ourselves. Your statutory rights, including any right of withdrawal you have under the law of your country, are unaffected.

If your subscription ends. Content you have already saved stays on your device and in your iCloud account. Ending a subscription does not delete your library, although features and limits that form part of the paid plan will no longer apply.

12. Intellectual Property

MarkShot — including its software, design, interface, graphics, logos, trademarks, documentation, and other materials we provide — is protected by applicable intellectual property laws.

Apart from the limited licence in Section 4, no rights in MarkShot or in our intellectual property are transferred to you. You may not copy, modify, distribute, sell, sublicense, reverse engineer, or otherwise exploit MarkShot except where applicable law expressly permits it.

This section does not affect your ownership of your own User Content.

13. Changes to MarkShot

We may modify, update, improve, replace, or suspend features of MarkShot from time to time. Where reasonably practicable, we will give reasonable notice of significant changes that would materially affect users.

You are responsible for keeping copies or backups of important User Content, and should not rely on MarkShot as the only permanent home for irreplaceable information.

14. Suspension, Termination, and Discontinuation

You may stop using MarkShot at any time by deleting it from your device. If you hold a subscription, cancel it separately through your Apple Account settings — deleting the App does not cancel it.

We may suspend or terminate your licence to use MarkShot, with notice where reasonably practicable, if you materially breach these Terms or use MarkShot in a way that is unlawful or that harms other users, third parties, or the operation and security of the App.

Discontinuation. We may stop distributing, supporting, or operating MarkShot at any time. Where reasonably practicable, we will give advance notice of a discontinuation that would materially affect users, so that you can back up or export content that matters to you. Discontinuation does not by itself delete content already held on your device or in your iCloud account, but features that depend on services we operate — including AI extraction — will stop working.

What survives. Sections 5, 10, 12, 15, 16, 17, 21, and 22 survive any termination or discontinuation.

15. Disclaimer of Warranties

To the extent permitted by applicable law, MarkShot is provided on an "AS IS" and "AS AVAILABLE" basis.

We do not warrant that MarkShot will:

  • always be available or uninterrupted;
  • operate without errors or defects;
  • be compatible with every device or operating system version;
  • preserve all User Content permanently;
  • meet every user's particular requirements; or
  • produce complete or accurate results from every feature.

We will make reasonable efforts to maintain and improve MarkShot, but software and digital services inherently carry technical risks and limitations. This section does not affect warranties that applicable law does not allow us to exclude.

16. Limitation of Liability

To the maximum extent permitted by applicable law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data, arising out of or relating to your use of, or inability to use, MarkShot.

Where the law permits, this includes losses arising from:

  • loss, corruption, or deletion of User Content;
  • inability to access saved content;
  • errors, omissions, or inaccuracies in AI-generated summaries or extracted details;
  • third-party websites, content, or services;
  • iCloud or other Apple services;
  • device or operating system failures; or
  • interruption, modification, suspension, or discontinuation of MarkShot.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to MarkShot and these Terms will not exceed the greater of (a) the amount paid for MarkShot in the twelve months before the event giving rise to the liability, and (b) JPY 5,000.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that applicable law does not permit us to exclude. Your statutory rights as a consumer are not affected by these Terms.

17. Indemnity

To the extent permitted by applicable law, and except where you are acting as a consumer and applicable law does not allow it, you agree to indemnify us against claims, damages, losses, and reasonable costs arising from content you save in MarkShot in breach of these Terms, or from your unlawful use of the App.

18. Apple App Store Terms

The following terms apply when you obtain MarkShot from the Apple App Store. They are required by Apple, and where they conflict with the rest of these Terms, this section prevails for App Store users.

Acknowledgement. These Terms are between you and Photo&Code only, and not with Apple. Photo&Code, not Apple, is solely responsible for MarkShot and its content.

Scope of licence. The licence granted in Section 4 is a non-transferable licence to use MarkShot on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

Maintenance and support. Photo&Code is solely responsible for providing any maintenance and support for MarkShot. Apple has no obligation whatsoever to furnish any maintenance or support services.

Warranty. Photo&Code is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If MarkShot fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of MarkShot to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to MarkShot, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Photo&Code's sole responsibility.

Product claims. Photo&Code, not Apple, is responsible for addressing any claim by you or any third party relating to MarkShot or your possession and use of it, including product liability claims, any claim that MarkShot fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

Intellectual property claims. If a third party claims that MarkShot or your possession and use of it infringes that third party's intellectual property rights, Photo&Code, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.

Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer contact. Questions, complaints, or claims about MarkShot should be directed to Photo&Code using the details in Section 23.

Third-party terms. You must comply with any applicable third-party terms of agreement when using MarkShot.

Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple has the right — and is deemed to have accepted the right — to enforce these Terms against you as a third-party beneficiary.

19. Privacy

How we handle information in connection with MarkShot is described separately in the MarkShot Privacy Policy.

The Privacy Policy explains, among other things, how MarkShot stores content on your device and in iCloud, how location information is handled, and exactly what is transmitted when you use AI extraction.

20. Changes to These Terms

We may update these Terms to reflect changes to MarkShot, to the law, or to our business practices. When we do, we will change the "Last updated" date at the top of this page.

If a change materially affects your rights or obligations, we will give additional notice where that is reasonable or legally required. Your continued use of MarkShot after revised Terms take effect counts as acceptance of them, to the extent applicable law allows.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of Japan, without regard to its conflict-of-law principles.

The Tokyo District Court has exclusive jurisdiction as the court of first instance over any dispute arising out of or relating to these Terms or to MarkShot.

Nothing in this section deprives you of the protection of the mandatory consumer protection rules of the country or region where you habitually reside, or of any right you have under that law to bring proceedings in the courts of that country.

22. General

Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions stay in full force.

No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.

Assignment. You may not assign or transfer these Terms. We may assign them in connection with a transfer of MarkShot or of our business, provided your rights under these Terms are not reduced.

Entire agreement. These Terms, together with the MarkShot Privacy Policy, are the entire agreement between you and us regarding MarkShot, and replace any earlier terms.

Language. These Terms are written in English. Any translation is provided for convenience only; if the two conflict, the English version prevails.

Feedback. If you send us suggestions or feedback about MarkShot, we may use them without obligation or payment to you. Please do not send confidential information as feedback.

23. Contact Us

Questions about these Terms or about MarkShot are welcome.

Email is the fastest way to reach us, and we answer in English or Japanese.