Terms of Service

Last Updated ▶ May 30, 2025

Welcome to Last Camera (the “App”), provided by Hipstamatic LLC (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the App and any services provided through it. By accessing or using the App, you agree to be bound by these Terms. If you do not agree, please do not use the App.

1. Overview

The App allows users to capture and upload images, along with associated metadata such as location, user-entered data (e.g., name, Instagram handle), timestamp, weather data, and other information (“Content”). By using the App, you grant us certain rights to use your Content as open-source artwork and as Non-Fungible Tokens (“NFTs”) on the blockchain for purposes including, but not limited to, books, exhibitions, and other commercial and non-commercial uses, as detailed below.

2. User Registration and Data Storage

Sign in with Apple: To use the App, you must register for a profile using Sign in with Apple. This creates a secure user account linked to your Apple ID.

Data Storage: All Content, including images and metadata, is stored securely on iCloud using Apple CloudKit. You acknowledge that iCloud is subject to Apple's terms and privacy policies, and we are not responsible for Apple's handling of your data.

Metadata: When you upload Content, the App may automatically collect metadata, including but not limited to:

• Location data (if enabled)
• Timestamp of the image
• Weather data at the time and location of capture
• User-entered data, such as your name and Instagram handle
You are responsible for ensuring the accuracy of any user-entered data.

3. License to Your Content

By uploading Content to the App, you grant Hipstamatic and its affiliates, partners, and licensees a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, distribute, publicly display, and create derivative works of your Content for any purpose, including but not limited to:

• Inclusion in books, exhibitions, or other media (both commercial and non-commercial)
• Creation, minting, distribution, and sale of Non-Fungible Tokens (NFTs) on blockchain platforms, including associating your Content and metadata with such NFTs
• Promotion and marketing of the App, related projects, or NFTs
• Sharing as open-source artwork under the Creative Commons Attribution 4.0 International License (CC BY 4.0) or a similar open-source license, as determined by us

This license includes all metadata associated with your Content (e.g., location, timestamp, weather data, name, Instagram handle). You represent and warrant that:

• You own or have the necessary rights to the Content you upload.
• Your Content does not infringe on any third-party rights, including intellectual property or privacy rights.
• You have obtained any necessary consents for the use of identifiable individuals or properties in your Content.
• You consent to the use of your Content for NFT creation, including the potential for your Content to be tokenized, traded, or sold on blockchain platforms.

4. Open-Source Artwork and NFTs

Open-Source Use: Your Content may be made available as open-source artwork under the CC BY 4.0 license (or similar). This allows others to use, share, and adapt your Content, provided they give appropriate credit to you (e.g., using your name or Instagram handle, as provided).

NFT Creation: We may, at our discretion, create NFTs from your Content and its associated metadata on blockchain platforms. These NFTs may be used, sold, or distributed for commercial or non-commercial purposes. You will not receive compensation for the creation or sale of NFTs, as this is included in the license granted in Section 3.

Attribution: We will include attribution for your Content when used in our projects, such as books, exhibitions, or NFTs, based on the metadata you provide (e.g., name, Instagram handle). You acknowledge that third parties using your Content under the open-source license may also provide attribution as required by the license.

No Compensation: You will not receive compensation for the use of your Content, whether for open-source purposes, NFT creation, or other commercial or non-commercial uses, as it is provided under the license described in Section 3.

5. User Responsibilities

Content Guidelines: You agree not to upload Content that is unlawful, offensive, defamatory, or violates any third-party rights. We reserve the right to remove or reject any Content that violates these Terms or is otherwise deemed inappropriate.

Accuracy of Metadata: You are responsible for ensuring the accuracy of any user-entered metadata (e.g., name, Instagram handle). We are not liable for errors or misrepresentations in metadata.

Privacy Considerations: If your Content includes location data or other personal information, you acknowledge that this data will be included with the Content and may be publicly accessible under the open-source license or as part of an NFT on a blockchain. You are responsible for disabling location services or omitting sensitive information if you do not wish to share it.

6. Privacy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the App, you consent to the collection and use of your data as described in the Privacy Policy. Note that metadata included with your Content (e.g., location, name, Instagram handle) will be shared as part of the open-source license or NFTs and may be publicly accessible.

7. Intellectual Property

Your Ownership: You retain ownership of your Content, subject to the license granted to us in Section 3.

Our Intellectual Property: The App, including its design, code, and branding, is owned by Hipstamatic and protected by intellectual property laws. You may not copy, modify, or distribute any part of the App without our prior written consent.

8. Termination

Account Termination: You may stop using the App at any time. We may suspend or terminate your access to the App if you violate these Terms.

Content After Termination: Content you have uploaded prior to termination will remain subject to the license in Section 3, including use in NFTs. You may request deletion of your Content from our servers by contacting us at support@hipstamatic.com, but Content already distributed under the open-source license or minted as NFTs cannot be retracted.

9. Limitation of Liability

To the fullest extent permitted by law, Hipstamatic shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the App, the use of your Content, or the creation and distribution of NFTs. We are not responsible for any third-party use of your Content under the open-source license or as NFTs.

10. Indemnification

You agree to indemnify and hold Hipstamatic, its affiliates, and partners harmless from any claims, losses, or damages arising from your Content, your use of the App, the creation or distribution of NFTs, or your violation of these Terms.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms in the App or via email. Your continued use of the App after such changes constitutes your acceptance of the revised Terms.

12. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of The United States and the state of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

13. Contact Us

If you have any questions about these Terms, please contact us at support@hipstamatic.com

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.