Terms of Use

1. Agreement

These terms are an agreement between you and Norihiro Mukai ("Scraps," "we," or "us"). By using Scraps, you agree to these terms and Apple's Standard EULA. If you are not old enough to enter a binding agreement where you live, a parent or guardian must agree for you.

2. Who can use Scraps

Scraps is not designed or marketed for children. If you are a minor who does not have legal capacity to agree where you live, use Scraps only with the involvement and consent of a parent or legal guardian. Scraps is offered in the United States. It is not offered to, directed at, or marketed to users in the European Economic Area, the United Kingdom, or Switzerland.

3. Your photos and creations

You keep ownership of your photos and pages. Scraps does not acquire ownership of your content. You represent and warrant that you have every right, license, consent, and permission needed to import, edit, and share your content—including appropriate permission from people shown in a photo—and that your use will not violate copyright, trademark, privacy, publicity, contractual, or other rights.

Scraps does not review, clear, license, or verify your content or the people and property shown in it. You are solely responsible for deciding whether a creation may lawfully and appropriately be used or shared.

4. Acceptable use

You may not use Scraps to violate law or another person's rights. In particular, do not use it to:

• harass, threaten, defame, exploit, or impersonate another person;
• create or share unlawful, abusive, or non-consensual intimate content;
• infringe copyright, trademark, privacy, publicity, or other rights; or
• perform surveillance, biometric identification, or identity recognition.

5. On-device storage and backups

The app keeps an editable draft locally. Scraps does not provide cloud backup or account recovery. You are responsible for exporting pages you want to keep. Deleting the app or its local draft may permanently remove editable work that has not been exported. We do not guarantee that drafts, source photos, exports, or editing state will be preserved, recoverable, compatible with future app or operating-system versions, or free from corruption. Keep independent copies of anything important.

6. Cutout results

Automated cutouts can be incomplete or include unwanted pixels, especially with hair, transparency, reflections, shadows, low contrast, or overlapping objects. Review results before publishing or relying on them. We do not guarantee accuracy, completeness, suitability, non-infringement, or any particular result. Scraps is a creative tool, not an identity, safety, emergency, medical, financial, or legal decision system, and must not be used where an error could harm a person, property, or legal rights.

7. App, operating-system, and third-party changes

We may fix, change, suspend, or discontinue features at any time. Availability and performance may also depend on Apple devices, iOS, the App Store, open-source components, and third-party websites or services that we do not control. We are not responsible for third-party content, availability, security, terms, or changes. We will not intentionally claim access to content stored only on your device; because we do not receive local drafts, we cannot restore them for you.

8. No warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCRAPS IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," AT YOUR SOLE RISK. NORIHIRO MUKAI DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP OR ANY RESULT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE, ACCURATE, OR PRESERVED, OR THAT DEFECTS WILL BE CORRECTED. NO STATEMENT OR SUPPORT RESPONSE CREATES A WARRANTY.

Some jurisdictions do not allow certain warranty exclusions, so some or all of this section may not apply to you. Nothing in these terms excludes a warranty or consumer right that cannot lawfully be excluded.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORIHIRO MUKAI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF CONTENT, DATA, CREATIONS, PROFITS, REVENUE, BUSINESS, GOODWILL, OR OPPORTUNITY; COST OF SUBSTITUTE SERVICES; OR CLAIMS ARISING FROM YOUR CONTENT, SHARING, RELIANCE ON A CUTOUT, OR INABILITY TO USE THE APP, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED THAT SUCH LOSS WAS POSSIBLE.

To the maximum extent permitted by law, the total cumulative liability of Norihiro Mukai for all claims arising out of or relating to Scraps will not exceed the greater of (a) the amount you paid specifically for Scraps during the 12 months before the event giving rise to the claim or (b) US $50. These limitations apply even if a remedy fails of its essential purpose.

Nothing in these terms limits liability for fraud, willful misconduct, gross negligence, personal injury, or any other liability to the extent it cannot legally be limited. Some jurisdictions do not allow exclusions or limits of certain damages, so the above limits may not fully apply to you.

10. Your responsibility for third-party claims

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Norihiro Mukai from third-party claims, demands, proceedings, damages, judgments, losses, liabilities, costs, and reasonable legal fees arising from or relating to: (a) your content or creations; (b) your import, editing, use, or sharing of content; (c) your violation of these terms or applicable law; or (d) your infringement or violation of another person's intellectual-property, privacy, publicity, contractual, or other rights. This obligation does not apply to the extent a claim results from our willful misconduct, gross negligence, or violation of law.

11. Suspension and termination

Your right to use Scraps ends automatically if you materially violate these terms or Apple's Standard EULA. Sections concerning ownership, responsibility for content, warranty disclaimers, liability limits, indemnity, governing law, and interpretation survive termination to the extent permitted by law.

12. Apple

Warranty disclaimers, liability limits, maintenance and support obligations, intellectual-property claims, and Apple's third-party-beneficiary rights are also governed by Apple's Standard EULA. Apple is not responsible for providing maintenance or support for Scraps. If these supplemental terms conflict with the Standard EULA, the Standard EULA controls for the iPhone app.

13. Governing law and forum

These terms are governed by the laws of Japan, without regard to conflict-of-laws rules. Disputes arising from these terms will be brought in the Tokyo District Court, Japan, except where the consumer protection law that applies to you gives you non-waivable rights or another permitted forum.

14. Interpretation

If any provision is found unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. These terms and the Standard EULA are the entire agreement concerning the subjects they address, except for rights that applicable law does not allow the parties to change or waive.

15. Contact

Questions about these terms can be sent to support@scrapsphoto.com or through our Support page.