ImageKit – Terms & Conditions

Last updated: March 2026

END USER LICENCE AGREEMENT (EULA)
ImageKit
Last updated: 14 March 2026

PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING IMAGEKIT. BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION.
This Agreement is a legal agreement between you (“User,” “you,” or “your”) and Marc Keegan (ABN: 32 861 188 199) (“Developer,” “we,” “us,” or “our”), a sole trader operating under marckeegan.com, for the use of ImageKit, a mobile application available on the Apple App Store (the “App”).

1. Licence Grant
Subject to your compliance with this Agreement and payment of any applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on any Apple-branded device that you own or control, solely for your personal or internal business purposes, in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions.

2. Subscription and Payment
2.1 Subscription Plans
The App is offered on a subscription basis. Access to certain features requires purchase of a subscription plan. Details of available subscription plans, pricing, and billing cycles are set out within the App and on the App Store listing.
2.2 Free Trial
We may, at our discretion, offer a free trial period. At the end of any free trial, your subscription will automatically convert to a paid subscription unless cancelled before the trial period expires.
2.3 Billing and Renewal
Subscriptions are billed in advance on a recurring basis (monthly or annual, depending on the plan selected). Your subscription will automatically renew at the end of each billing period unless you cancel it at least 24 hours before the renewal date. Payment will be charged to your Apple ID account at confirmation of purchase.
2.4 Cancellation
You may cancel your subscription at any time through your Apple ID account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for any unused portion of a subscription period, except as required by applicable law, including the Australian Consumer Law.
2.5 Price Changes
We reserve the right to change subscription pricing at any time. We will provide reasonable notice of any price changes. Continued use of the App after a price change constitutes your acceptance of the new pricing.

3. Restrictions on Use
You must not:
•Copy, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the App or any part of it;
•Rent, lease, loan, sell, sublicence, distribute, or otherwise transfer the App or your rights under this Agreement to any third party;
•Remove, alter, or obscure any proprietary notices, labels, or marks on the App;
•Use the App for any unlawful purpose or in violation of any applicable laws or regulations;
•Attempt to gain unauthorised access to any portion of the App or its related systems;
•Use the App to process or store material that infringes any third-party intellectual property rights.

4. Intellectual Property
The App and all content, features, and functionality thereof — including but not limited to all software, code, text, graphics, logos, and user interfaces — are owned by the Developer or its licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
This Agreement does not transfer any ownership of intellectual property to you. You receive only the limited licence rights expressly granted in this Agreement.

5. User Content
The App allows you to create, upload, and edit images and associated content (“User Content”). You retain all ownership rights in your User Content. By using the App, you grant us a limited, non-exclusive licence to process your User Content solely as necessary to provide the App’s functionality.
You are solely responsible for all User Content and represent and warrant that you have all rights necessary to use such content within the App and that your User Content does not infringe any third-party rights.

6. Privacy and Data Collection
The App collects minimal personal data as described in our Privacy Policy, available at marckeegan.com. The App may collect anonymised usage analytics to improve our services. We do not sell your personal data to third parties.
By using the App, you consent to data handling practices described in our Privacy Policy. Our privacy practices comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

7. Third-Party Services
The App may integrate with or rely upon third-party services (including Apple’s frameworks and APIs). Your use of such third-party services is subject to their respective terms and conditions and privacy policies. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services.

8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any defects will be corrected.
Nothing in this Agreement excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable Australian legislation that cannot be excluded, restricted, or modified by agreement.

9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.
Where liability cannot be excluded under Australian Consumer Law, our liability is limited, at our election, to: (a) resupply of the service; or (b) payment of the cost of having the service resupplied.

10. Apple Inc. as Third-Party Beneficiary
You acknowledge and agree that Apple Inc. (“Apple”) is a third-party beneficiary of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
This Agreement is between you and the Developer only, and not with Apple. The Developer, not Apple, is solely responsible for the App and its content. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

11. Term and Termination
This Agreement is effective from the date you first download or use the App and continues until terminated. We may terminate this Agreement immediately and without notice if you breach any provision of this Agreement. Upon termination, you must cease all use of the App and delete all copies from your devices.
The Developer may discontinue the App or any feature thereof at any time. Sections 4, 8, 9, and 13 shall survive termination of this Agreement.

12. Updates and Modifications
We may, from time to time, release updates or new versions of the App. We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time with or without notice. We are not obligated to provide any updates, upgrades, or new versions.
We may modify this Agreement at any time by posting a revised version within the App or on our website. Your continued use of the App following notification of changes constitutes your acceptance of the updated Agreement.

13. Governing Law and Dispute Resolution
This Agreement is governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes arising out of or relating to this Agreement or the App.
Nothing in this clause limits any rights you may have under the Australian Consumer Law or other applicable consumer protection legislation.

14. General Provisions
14.1 Entire Agreement
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and the Developer regarding your use of the App and supersedes all prior agreements and understandings.
14.2 Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
14.3 Waiver
Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed in writing by us.
14.4 Assignment
You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. We may assign this Agreement without restriction.

15. Contact Information
If you have any questions about this Agreement, please contact:
Marc Keegan
Website: marckeegan.com
Location: Sydney, New South Wales, Australia

© 2026 Marc Keegan. All rights reserved.

Contact
If you have any questions regarding these Terms and Conditions you may contact:

ImageKit Support
support@imagekitapp.com