Terms of Service & Disclaimer

Last updated: June 23, 2026

These Terms of Service ("Terms") govern your access to and use of the Nestria website (www.nestria.io) and Android applications published by Nestria ("we", "us", or "our"), including My Smart Gallery (collectively, the "Services"). By downloading, installing, or using our apps, or by visiting this website, you agree to these Terms. If you do not agree, do not use the Services.

1. About Nestria

Nestria develops and publishes Android applications. We are an independent software publisher. Our apps are designed to run primarily on your device. We do not operate a user account system and we do not collect personal data through our applications, as described in our Privacy Policy.

2. License to use our apps

Subject to these Terms and the applicable Google Play terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use our apps for personal, non-commercial purposes on devices you own or control.

You agree not to:

  • Reverse engineer, decompile, or disassemble the apps except where permitted by law
  • Remove or alter copyright, trademark, or proprietary notices
  • Use the apps for any unlawful purpose or in violation of third-party rights
  • Attempt to interfere with the proper functioning of the apps or our website

3. No professional advice

Our apps and website are provided for general information and personal productivity purposes only. They do not constitute legal, financial, medical, or other professional advice. You are solely responsible for decisions you make based on information displayed in our apps, including photo organization, storage management, and cloud sync settings.

4. Third-party services

Some Nestria apps integrate with or connect to third-party services you choose to use, such as Google Drive, OneDrive, or other cloud storage providers. Those services are governed by their own terms and privacy policies. We are not responsible for third-party services, their availability, security practices, data handling, or any loss arising from your use of them.

Our apps are distributed through Google Play, which is operated by Google LLC. Your use of Google Play is subject to Google's terms and policies.

5. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Nestria disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we do not warrant that:

  • The Services will be uninterrupted, error-free, secure, or free of viruses or harmful components
  • Any defects or bugs will be corrected within a particular timeframe
  • Cloud sync, backup, or storage features will work at all times or without data loss
  • Results obtained from using the apps will be accurate, complete, or reliable
  • The apps will be compatible with all devices, Android versions, or cloud providers

You use the Services at your own risk. You are responsible for maintaining appropriate backups of your data and for verifying that cloud sync and storage settings meet your needs.

6. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NESTRIA AND ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, data, photos, files, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE APP GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT, OR (B) TEN SWISS FRANCS (CHF 10), except where such limitation is prohibited by law.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

7. Data loss and backups

You acknowledge that software may contain bugs and that device failures, cloud outages, user error, or sync conflicts can result in partial or total loss of data, including photos and app settings. You are solely responsible for maintaining your own backups and for reviewing sync behavior before deleting files from your device or cloud storage. Nestria is not liable for any loss, corruption, or deletion of your data.

8. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Nestria from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

9. Changes to the Services and Terms

We may update, modify, suspend, or discontinue any part of the Services at any time without prior notice. We may also revise these Terms from time to time. The "Last updated" date at the top of this page indicates when changes were made. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

10. Termination

You may stop using the Services at any time by uninstalling our apps. We may terminate or restrict your access to the Services if you violate these Terms, to the extent permitted by law.

11. Governing law

These Terms are governed by the laws of Switzerland, without regard to conflict-of-law principles, except where mandatory consumer protection laws of your country of residence provide otherwise.

12. Contact

Questions about these Terms? Contact us at contact@nestria.io.

See also our Privacy Policy for information about how we handle data.