Terms of Service

1. Eligibility and your account

Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements, that any information you provide (including your shipping name and address) is true, accurate, current, and complete, and that your use of the Services will not violate any applicable law or regulation.

Your account. When you first use the App, an account is created for you automatically — no username or password is required. You may optionally secure your account with Sign in with Apple; we strongly recommend doing so, because without it your account and books may not be recoverable if you lose, reset, or replace your device, and we may be unable to restore access. You are responsible for all activity that occurs under your account and for maintaining the security of the device(s) and Apple ID used to access it.

Accurate shipping information. Your printed book will be shipped to the name and address you provide. You are responsible for keeping your shipping address accurate and current through the App before your book prints. We are not responsible for books shipped to an address you provided incorrectly or failed to update.

2. The service: how njuta works

njuta operates on a seasonal cycle. Seasons follow the meteorological calendar: Winter (December 1 – end of February), Spring (March 1 – May 31), Summer (June 1 – August 31), and Autumn (September 1 – November 30).

During a season, the App scans and curates the photos on your device — entirely on your device, as described in our Privacy Policy — and presents a preview of your season's book so far. Subscribing to a season (called "claiming") entitles you to one printed book for that season, produced from the photos you approve and shipped to the address you provide, as described in Section 4.

The Services currently ship physical books to United States addresses only. The specific features and functionality of the Services are dynamic and may change from time to time; we reserve discretion over the operation of the Services, subject to Section 15.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or would subject us to any registration requirement.

3. Curation

njuta's defining feature is automatic curation: software running on your device selects, ranks, and arranges photos into your book. You acknowledge and agree that:

• Curation is automated and inherently subjective. The selection reflects algorithmic judgments about image quality, variety, people, and moments. It may include photos you would not have chosen and omit photos you would have. That is why the App gives you review, swap, and set-aside tools — the final contents of your book are yours to approve and adjust, and the book that prints is the version you approved (or, if you make no changes during the adjustment window, the version the App last prepared and you last saw or had the opportunity to see, per Section 4).
• Curation quality depends on your library. The book can only be as good as the photos on your device during the season. Blurry sources print blurry; low-resolution photos may be excluded or print at reduced quality.
• No guarantee of completeness. The App may be unable to consider photos that lack required metadata, were received through certain third-party apps, are stored outside your device's photo library, or become unavailable during the season.

We make no representation or warranty that any particular photo will be included in, or excluded from, any preview or book, except as you expressly adjust through the App's tools before your book is finalized.

4. The season lifecycle: claim, wrap, adjustment window, auto-ship

(a) Claiming a season. When you claim a season, you pay the seasonal subscription price (currently $39, plus any applicable taxes), provide your shipping address, and your current book — the photos you have approved as of that moment — is uploaded to our servers so a printable book exists for you regardless of your later activity.

(b) During the season. If you open the App after claiming and your book changes (through new photos, swaps, or re-curation), the updated book is synced to our servers. Our servers always hold your latest approved version.

(c) Season wrap. When the season ends, the App re-curates the complete season the next time you open it, and we notify you that your season has wrapped.

(d) The adjustment window. For five (5) days after the season ends, you may review your wrapped book and make any swaps or adjustments you wish. Adjusting is optional.

(e) Automatic finalization and shipping. When the adjustment window closes, your book is automatically locked, finalized, printed, and shipped to your address on file — whether or not you opened the App or made any changes. If you never reopened the App after claiming, the book that prints is the most recent version synced to our servers. By claiming a season, you expressly consent to this automatic finalization and shipping. Once your book is locked, no further changes can be made to it, and the order cannot be canceled (see Section 10 for our damaged/defective policy).

(f) Insufficient photos. If your photo library does not contain enough suitable photos for a season, the App may inform you that a book cannot yet be formed. We reserve the right to decline or defer a claim, with a full refund of any amount charged, if a printable book cannot reasonably be produced for that season.

(g) Shipping timeline. Books are printed in a single production run after the adjustment window closes. Estimated production and delivery timelines are shown in the App and are estimates, not guarantees (see Sections 9 and 22).

5. Price and payment

Price. The subscription price is $39 per season (one printed book per season), plus applicable sales tax, in US dollars. Shipping to US addresses is included unless otherwise stated at checkout. We may change the price prospectively; any price change will be communicated to you in advance in accordance with applicable law and will apply only to seasons that begin after the notice, giving you the opportunity to cancel before the new price takes effect.

Payment processing. Payments are processed by Stripe, including payments made via Apple Pay. We accept the payment methods presented at checkout (including major credit and debit cards). By providing a payment method, you represent that you are authorized to use it, and you authorize us (through Stripe) to charge it as described in these Terms. You agree to keep your payment information current. Because your books are physical goods, payment is processed outside of Apple's in-app purchase system.

Errors. We reserve the right to correct pricing or billing errors even if payment has already been requested or received, and to refuse or cancel any order placed at an obviously erroneous price, with a refund of any amount charged.

Failed payments. If a charge fails, we (through Stripe) may retry it. If payment for a season cannot be collected, we may suspend that season's book from production and/or treat the subscription as paused for that season until payment succeeds.

6. Subscription, automatic renewal, and cancellation

(a) Continuous subscription. Claiming a season starts a continuing seasonal subscription. Unless you cancel, your subscription automatically renews each season, and your saved payment method will be automatically charged $39 (plus applicable tax) on or about the first day of each new season (for example, September 1 for Autumn, December 1 for Winter), without further action by you. Each seasonal charge entitles you to that season's printed book, produced and shipped through the lifecycle described in Section 4.

(b) Your consent. By claiming a season and saving your payment method, you expressly consent to these recurring charges and to the automatic production and shipping of each season's book, until you cancel. We will provide you with an acknowledgment of these automatic renewal terms and will send a receipt for each seasonal charge.

(c) How to cancel. You may cancel your subscription at any time, in the App (You → subscription), or by emailing hello@njutabook.com. Cancellation is simple and immediate for future seasons: cancellation stops all future seasonal charges. Cancellation does not refund a season already charged, and a book already paid for will complete its lifecycle and ship unless you cancel that order before your book is locked, in which case Section 10(d) applies.

(d) Notice of changes. If we materially change the subscription terms (including price), we will notify you in advance, before the change applies to a renewal, so you can cancel first.

(e) Uncurated seasons. If a season is charged and you never open the App during it, your book still forms, finalizes, and ships per Section 4 — hands-off operation is a feature of the Services, not an error. If no printable book can be produced for a charged season (Section 4(f)), we will refund that season's charge.

7. Your photos: ownership, license, and responsibilities

(a) You own your photos. As between you and us, you retain all right, title, and interest, including all intellectual property rights, in and to your photos. Nothing in these Terms transfers ownership of your photos to us.

(b) The license you grant us. Solely to operate the Services and produce your books, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, crop, scale, color-adjust, incorporate into your book layout, review (including human review as described in our Privacy Policy), print, and ship the photos you approve for your book, and to retain your finished book files as described in our Privacy Policy. This license is granted only for these purposes; it does not permit us to use your photos for marketing, advertising, model training, or any other purpose without your separate express consent. The license ends when the corresponding content is deleted from our systems under the retention terms of our Privacy Policy, except as needed to complete an order already in production.

(c) Your representations. For every photo you approve for a book, you represent and warrant that: (i) you own the photo or have all rights, licenses, consents, and permissions necessary to have it printed, including under copyright; (ii) you have obtained any permission needed from identifiable people depicted (or their parent/guardian, for minors) for inclusion in your printed book; and (iii) the photo and its inclusion do not violate any law or the rights of any third party, including privacy, publicity, and intellectual property rights.

(d) You are responsible for your originals. The Services are not a backup service. Except for the finished book files we retain as described in our Privacy Policy, you are solely responsible for maintaining your own photo library and backups. We shall have no liability for any loss of, or damage to, photos stored on your device or in your own accounts.

8. Content standards and our right to decline to print

We print personal memories, and nearly everything qualifies. However, you may not submit for printing, and we will not print, any photo that:

• constitutes or depicts child sexual abuse material (which we will report to the National Center for Missing & Exploited Children and law enforcement as required by law);
• is sexually explicit or pornographic;
• is unlawful to reproduce, possess, or distribute, or that infringes a third party's intellectual property rights (for example, a photograph of someone else's copyrighted work submitted for the purpose of reproducing that work);
• depicts credible threats or incitement of violence; or
• our print partner is prohibited from printing under applicable law or its own policies.

Review and refusal. As described in our Privacy Policy, print files are reviewed before production for print quality and for the standards above. We reserve the right, in our reasonable discretion, to exclude a photo from printing (in which case we may substitute the next photo from your approved swap pool or print the book with the remaining photos), to decline to print a book, or to suspend or terminate an account, for violation of this Section. If we decline to print your entire book under this Section for reasons other than your violation of law or these Terms, we will refund that season's charge. Our review is limited and discretionary; we assume no obligation to review, and no responsibility for, the content of your photos, which remains solely yours under Section 7.

9. Shipping and delivery

(a) Where we ship. Books currently ship to United States addresses only.

(b) Timelines are estimates. Production and delivery timelines shown in the App or on the Site are good-faith estimates. Books are produced in seasonal batch runs; printing and carrier transit times may vary, and delays caused by our print partner, carriers, weather, or events outside our reasonable control (Section 22) do not entitle you to a refund, though we will always work with you in good faith to resolve delivery problems.

(c) Delivery and risk of loss. Delivery is complete when the carrier delivers the book to the shipping address you provided. If a book is returned to us as undeliverable due to an address error you made, we may charge reasonable reshipment costs. If tracking shows delivery to your provided address but you did not receive the book, contact us and we will work with you in good faith, but we are not responsible for theft or loss occurring after carrier-confirmed delivery.

(d) Lost in transit. If tracking shows your book was lost in transit and never delivered, we will reprint and reship it at no cost to you as your exclusive remedy, or refund the season's charge at our option if reprinting is not reasonably possible.

10. Damaged, defective, or lost books; refunds

(a) Custom goods. Every book is a one-of-a-kind product manufactured from your photos for you. For that reason, books cannot be returned for a refund based on preference — including dissatisfaction with which photos the curation selected or you approved, or with the appearance of your own source photos as printed.

(b) Our quality promise. If your book arrives physically damaged, or with a manufacturing or printing defect (for example, binding failure, misprinted or missing pages, or printing that materially deviates from the finalized book file), contact us at hello@njutabook.com within 30 days of delivery, with photos of the issue. We will, at our option, reprint and reship the book at no cost or refund the season's charge. This is your exclusive remedy for damaged or defective books.

(c) Not defects. Reasonable variations inherent in photographic printing — including modest color, brightness, and contrast differences between a backlit screen and printed paper, and trimming variances within standard print tolerances — are not defects. Quality limitations originating in your source photos (blur, noise, low resolution) are not defects.

(d) Cancellation before lock. If you cancel a claimed season's order before your book is locked (i.e., before the adjustment window closes), we will refund that season's charge. After lock, the book is in production and the order cannot be canceled or refunded except under subsection (b).

(e) Statutory rights. Nothing in this Section limits any non-waivable rights you have under applicable consumer protection law.

11. Intellectual property; feedback

(a) Our IP. We own or license all intellectual property rights in the Services, including the App, its software and algorithms, the Site, our book designs, layouts, and cover designs, and all associated text, graphics, and interfaces (collectively, "njuta Content"), and the njuta name, logo, and other trademarks (the "Marks"). Except for the limited rights expressly granted in these Terms, no right, title, or interest in the njuta Content or Marks is transferred to you. For clarity: your photos are not njuta Content and remain yours (Section 7); the physical book you purchase is yours to keep, use, display, and give away.

(b) Feedback. If you send us questions, comments, suggestions, ideas, or other feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Feedback for any purpose without compensation or attribution. Feedback does not include your photos.

(c) Copyright complaints. If you believe material on the Services infringes a copyright you own, notify us at hello@njutabook.com with: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and its location; (iv) your contact information; (v) a statement of your good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information is accurate and you are the owner or authorized to act for the owner.

12. Mobile application license; Apple terms

(a) License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use, in accordance with these Terms and Apple's usage rules. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, or attempt to derive the source code of the App; (2) modify, adapt, or create derivative works of the App; (3) remove, alter, or obscure any proprietary notices; (4) use the App to build a competing product or service; or (5) use the App for any unlawful purpose or in violation of these Terms.

(b) Apple. The App is distributed through the Apple App Store, and the following applies: (1) these Terms are between you and us, not Apple, and we — not Apple — are solely responsible for the App and its content; (2) Apple has no obligation to furnish maintenance or support for the App; (3) in the event the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price of the App (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our responsibility; (4) Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability, legal or regulatory compliance, and consumer protection claims; (5) in the event of a third-party claim that the App infringes intellectual property rights, we — not Apple — are responsible for its investigation, defense, settlement, and discharge to the extent required by these Terms; (6) you represent that you are not located in a country subject to a US government embargo or designated as "terrorist supporting," and are not on any US government list of prohibited or restricted parties; and (7) Apple and its subsidiaries are third-party beneficiaries of this Section 12 and, upon your acceptance of these Terms, may enforce it against you.

13. Acceptable use

You may use the Services only for their intended purpose: making seasonal photo books from your own library for personal, non-commercial use. You agree not to:

• access or use the Services in violation of any applicable law or regulation, or for any fraudulent or unauthorized purpose;
• circumvent, disable, probe, or interfere with security-related features of the Services, or attempt to access accounts, data, systems, or non-public areas of the Services that are not yours;
• upload or transmit viruses, malicious code, or any material designed to interrupt, damage, or limit the functioning of the Services;
• interfere with, disrupt, or place an undue burden on the Services or connected networks, including through automated scripts, scraping, or bulk requests;
• submit false claims (including false damage or non-delivery claims), abuse our support channels, or engage in payment fraud or chargeback abuse;
• impersonate any person, misrepresent your affiliation with any person or entity, or use another person's account or payment method without authorization;
• resell, sublicense, or commercially exploit the Services, or use the Services to produce books for resale;
• use the Services to violate the rights of any third party, including privacy, publicity, and intellectual property rights; or
• harass, threaten, or abuse our employees, contractors, or partners.

Violation of this Section is a material breach of these Terms and may result in suspension or termination under Section 14, and, where appropriate, referral to law enforcement.

14. Term, termination, and account deletion

(a) Term. These Terms apply from your first use of the Services and remain in effect while you use them.

(b) Termination by you. You may stop using the Services at any time, cancel your subscription at any time (Section 6(c)), and delete your account at any time in the App (You → Delete account). Account deletion permanently removes your data as described in our Privacy Policy. Deleting the App from your device does not by itself cancel your subscription — cancel first, or contact us.

(c) Termination or suspension by us. We may suspend or terminate your access to the Services, decline orders, or terminate your account if you materially breach these Terms (including Sections 8 and 13), if required by law, or if providing the Services to you creates legal risk or operational abuse — using reasonable judgment and, where practicable, notice. If we terminate your account without cause, we will refund any season you have paid for whose book has not yet shipped.

(d) Effect of termination. Sections that by their nature should survive termination (including Sections 7(b) as needed to complete in-production orders, 10, 11, and 16–20, 25) survive. A book already paid for and locked at the time of termination will, unless the termination is for your violation of Section 8, be printed and shipped.

15. Modifications and availability of the Services

We may change, add to, or remove features of the Services, and may modify or discontinue the Services in whole or in part, at any time. If we discontinue the subscription service entirely, we will not charge you for future seasons, and any season you have paid for will either be fulfilled or refunded. We cannot guarantee the Services will be available at all times; maintenance, technical problems, and other events may cause interruptions, delays, or errors, and — except for our obligations regarding paid orders stated in these Terms — we will not be liable for any modification, suspension, or discontinuance of the Services or for Service unavailability.

16. Disclaimer of warranties

17. Limitation of liability

18. Indemnification

You agree to defend, indemnify, and hold harmless Njuta LLC and its members, managers, officers, employees, agents, and partners from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) the photos you approve for printing, including any claim that a photo or its printing infringes or violates a third party's rights (including copyright, privacy, and publicity rights) or that you lacked consent from a person depicted; (2) your breach of these Terms or of your representations and warranties in them; (3) your violation of applicable law; or (4) your misuse of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

19. Dispute resolution; arbitration; class action waiver

(a) Informal resolution first. Before initiating arbitration or any proceeding, you and we each agree to first attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or the Services (each, a "Dispute") informally for at least thirty (30) days, beginning when one party sends written notice of the Dispute to the other (to us: hello@njutabook.com or the mailing address in Section 26).

(b) Binding arbitration. If a Dispute is not resolved informally, it shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Rules; if the arbitrator determines your costs of arbitration are excessive compared to litigation, we will pay the arbitration fees and expenses the arbitrator deems appropriate. The arbitration may be conducted by document submission, by phone, online, or — if in person — in the county where you reside or another mutually agreed location. The arbitrator must follow applicable law, shall issue a written decision on request, and judgment on the award may be entered in any court of competent jurisdiction.

(c) Exceptions. Notwithstanding subsection (b), either party may: (i) bring an individual claim in small claims court if it qualifies; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access or abuse of the Services; and (iii) California residents retain the right to seek public injunctive relief to the extent required by law.

(d) Class action waiver. ALL DISPUTES SHALL BE ARBITRATED OR LITIGATED ONLY ON AN INDIVIDUAL BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION (EXCEPT AS SUBSECTION (c)(iii) REQUIRES), OR ANY OTHER REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. If this class action waiver is found unenforceable as to a particular Dispute, then this entire Section 19 (other than this sentence and subsection (f)) shall be null and void as to that Dispute, which shall proceed in court under Section 20.

(e) Your right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing hello@njutabook.com with the subject line "Arbitration Opt-Out," your name, and the email or account identifier associated with your account, within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms or your ability to use the Services.

(f) Time limit. To the extent permitted by law, any Dispute must be commenced within one (1) year after the cause of action accrues, or it is permanently barred.

20. Governing law

These Terms and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and by the Federal Arbitration Act with respect to Section 19. Any Dispute that proceeds in court rather than arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to personal jurisdiction and venue there, except that you may bring a qualifying claim in your local small claims court. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms.

21. Electronic communications, transactions, and signatures

Using the Services, sending us emails, and completing in-app flows constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, receipts, and other communications we provide to you electronically — in the App, on the Site, or by email — satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices, policies, and records of transactions. You waive any requirement for an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted by law.

22. Force majeure

We will not be liable for any delay or failure to perform (including delayed production or delivery of books) resulting from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic, labor disputes, carrier or supplier failures or delays, materials shortages, power or internet outages, war, terrorism, civil unrest, or governmental action. Our performance will be excused for the duration of the condition, and we will resume performance as soon as reasonably practicable. If a force majeure event prevents delivery of a paid book for more than sixty (60) days beyond the estimated timeline, you may cancel that order for a full refund of that season's charge.

23. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

24. Changes to these Terms

We may update these Terms from time to time to reflect changes to the Services, our practices, or applicable law. The updated version will be indicated by an updated "Last updated" date. For material changes, we will provide advance notice (for example, by email or in-app notice) before the changes take effect, and — for changes affecting subscription terms — before they apply to a renewal, so you can cancel first. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of them. If you do not agree to updated Terms, you must stop using the Services and may cancel your subscription.

25. Miscellaneous

These Terms, together with the Privacy Policy and any policies posted by us on the Services, constitute the entire agreement between you and us regarding the Services. Our failure to enforce any right or provision is not a waiver of it. If any provision of these Terms is held unlawful, void, or unenforceable, it shall be deemed severed (or, where possible, reformed to the minimum extent necessary to be enforceable) and shall not affect the validity of the remaining provisions, except as Section 19(d) provides. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets; you may not assign these Terms without our prior written consent, and any purported assignment without consent is void. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms or your use of the Services. Headings are for convenience only. You agree these Terms will not be construed against us by virtue of our having drafted them.

26. Contact us

To resolve a complaint regarding the Services or to receive further information regarding their use, contact us at: