Terms of Service

§1 Scope and Service Description

Out Of Auto Mode (hereinafter "App") is a web app by Daniels Digital Solutions UG (haftungsbeschränkt), Lindenweg 27, 67346 Speyer, Germany (hereinafter "Operator"). The App helps beginner and hobby photographers understand and confidently use their camera settings. It provides scene-based recommendations for ISO, aperture, shutter speed, and other settings based on the user's chosen lighting, subject, desired effect, and optionally their camera model.

These Terms apply to all services provided by the Operator through the App to users (hereinafter "User"). Deviating or supplementary terms of the User only become effective if the Operator expressly agrees to them in writing.

The App is an ongoing online service. Access to its features — including paid unlocks — is tied to the availability and continued operation of the App. No permanent usage rights independent of the App are granted.

§2 Recommendation Disclaimer

The recommendations provided by Out Of Auto Mode are educational aids and general guidance values. They do not replace professional photography training, individual consultation, or the camera manufacturer's operating manual. Use of the recommendations is at the user's own risk.

The Operator accepts no liability for damages resulting from the application of recommendations, including but not limited to incorrect exposures, missed shots, or equipment damage.

§3 Trademark Disclaimer

Out Of Auto Mode is an independent project. The Operator is not affiliated with, authorized by, sponsored by, or endorsed by Canon Inc., Nikon Corporation, Sony Corporation, Fujifilm Corporation, or any other camera manufacturer. All brand and product names mentioned are the property of their respective owners and are used solely for identification and description.

§4 Copyright and Intellectual Property

All content of the App — including texts, recommendation algorithms, menu path database, designs, and code — is protected by copyright and owned by the Operator unless otherwise indicated.

Users who submit content through the community contribution feature (e.g., camera menu paths) grant the Operator a non-exclusive, perpetual, worldwide license to use, edit, and publish these contributions within the App.

§5 Paid Digital Products

5.1 Camera Unlock

The Camera Unlock is a one-time paid purchase (currently €4.99) that gives the User access to enhanced features for a specific camera model within the App. It is not the acquisition of a permanent usage right independent of the App. The unlock is valid for the duration of the App's operation pursuant to §8 of these Terms.

Each Camera Unlock applies to a single camera model. Additional camera models require separate unlocks.

5.2 AI Credits (future)

The Operator plans to introduce AI Credits that can be purchased by the User and redeemed for AI-powered features (e.g., image analysis) within the App. Detailed terms will be added to these Terms before the feature becomes available.

AI Credits do not expire as long as the App is in operation. In the event of discontinuation of the App pursuant to §8, the refund provisions stated therein apply.

5.3 Right of Withdrawal

For paid digital products, the mandatory pre-contractual information requirements under §312d BGB (German Civil Code) and the EU Consumer Rights Directive apply.

As the products offered are digital content not supplied on a physical medium, the right of withdrawal expires pursuant to §356(5) BGB once the Operator has begun performance of the contract and the User has (a) expressly consented to the Operator commencing performance before the withdrawal period has expired, and (b) acknowledged that they lose their right of withdrawal upon commencement of performance.

5.4 Refund Policy

Once a digital product has been activated, withdrawal is no longer possible if the User has expressly consented to immediate performance and waived their right of withdrawal before purchase.

If a purchased digital product is technically defective and does not function as described, please contact us at ooam@daniels-digital-solutions.biz for a resolution.

§6 Liability

The Operator's liability is limited to intent and gross negligence. For slight negligence, the Operator is only liable in case of breach of essential contractual obligations (cardinal duties). In such cases, liability is limited to the foreseeable, contract-typical damage.

The above limitations of liability do not apply to damages arising from injury to life, body, or health, or to claims under the Product Liability Act.

§7 Termination

The User may delete their account at any time without stating reasons. Deletion can be initiated via the account settings in the App or by email to ooam@daniels-digital-solutions.biz.

The Operator may terminate the usage relationship with individual Users with four (4) weeks' notice to the end of the month. The right to extraordinary termination for good cause (e.g., violation of these Terms, abuse of the App) remains unaffected.

In case of termination by the Operator without good cause, the User receives a refund for paid products pursuant to §8 paragraph 4.

§8 Availability, Changes, and Discontinuation of Service

Availability. The Operator strives for the highest possible availability of the App but cannot guarantee uninterrupted availability. Maintenance, technical disruptions, force majeure, or third-party decisions (e.g., hosting providers) may lead to temporary restrictions or outages.

Changes. The Operator reserves the right to develop, modify, or discontinue features of the App. Material changes that significantly restrict the functionality of paid products will be communicated to affected Users at least four (4) weeks in advance by email.

Discontinuation of Service. The Operator reserves the right to discontinue operation of the App in whole or in part. Notice will be given at least three (3) months before the planned discontinuation date. Notification will be sent by email to the User's registered email address and by a prominent notice within the App.

Refund upon Discontinuation. In the event of a complete discontinuation of the service, the following provisions apply:

• Camera Unlock: Users who purchased a Camera Unlock within the last twelve (12) months before the announcement of discontinuation will receive a pro-rated refund. The amount is calculated as follows: Purchase price × (12 − months since purchase) ÷ 12. Purchases made more than 12 months ago are excluded from refund.
• AI Credits: Unused AI Credits will be fully refunded at the original purchase price, regardless of purchase date.
• Refunds will be processed via the same payment method used for the original purchase, unless expressly agreed otherwise with the User. The Operator will process refunds within thirty (30) days after the discontinuation date.

Data upon Discontinuation. In the event of discontinuation, the Operator will provide Users with the ability to export their stored user data during the notice period.

§9 Data Protection

The processing of personal data is carried out in accordance with the Operator's privacy policy, available at out-of-auto-mode.app/en/privacy, as well as in accordance with the GDPR and the German Federal Data Protection Act (BDSG).

§10 Changes to These Terms

The Operator may amend these Terms with effect for the future, insofar as this is reasonable for the User taking into account the Operator's interests, in particular if the amendment does not affect material provisions of the contractual relationship or if the amendment is necessary to adapt to a changed legal situation or to close gaps that have subsequently arisen.

Changes will be communicated to the User at least six (6) weeks before the planned effective date in text form (e.g., by email). If the User does not object within six weeks of receiving the notification, the amended Terms are deemed accepted. The Operator will separately inform the User in the amendment notification about the significance of the deadline, the right to object, and the legal consequences of silence.

If the User objects to the amendment, the contractual relationship continues under the existing terms. The Operator reserves the right in this case to terminate the contractual relationship with ordinary notice as of the planned effective date of the amendment.

§11 Jurisdiction and Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from or in connection with these Terms is, to the extent legally permissible, the registered office of the Operator (Speyer). For consumers, the statutory place of jurisdiction applies.

The EU online dispute resolution platform is available at: https://ec.europa.eu/consumers/odr. The Operator is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§12 Severability Clause

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the economic objective that the parties intended with the invalid or unenforceable provision.