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End User License Agreement — Version 2.3.0 | Last updated: February 22, 2026

IMPORTANT — READ CAREFULLY BEFORE USING THIS SOFTWARE.

This End User License Agreement (“Agreement”) is a legal agreement between you (“User”, “you”) and Dustin Paulson (“Licensor”, “we”, “us”) for the DKPhotoSorter desktop application (“Software”).

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software.

1. License Grant

Subject to the terms of this Agreement and payment of the applicable license fee, the Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:

  1. Install and use the Software on up to three (3) computers that you own or control, for personal or internal business purposes.
  2. Make one (1) backup copy of the Software for archival purposes.

This license is for the individual purchaser only and may not be shared, sublicensed, rented, leased, or transferred to any other person or entity without prior written consent from the Licensor.

2. Restrictions

You may NOT:

  1. Modify, reverse engineer, decompile, or disassemble the Software, except to the extent permitted by applicable law;
  2. Distribute, sublicense, sell, resell, rent, lease, or lend the Software or your license to any third party;
  3. Remove or alter any proprietary notices, labels, or branding in the Software;
  4. Use the Software to provide a hosted or managed service to third parties (e.g., SaaS or bureau service);
  5. Use the Software for any unlawful purpose or in violation of any applicable laws or regulations.

3. Third-Party Services and API Keys

The Software integrates with the following third-party services:

(a) Google Gemini API (default)

The Software uses Google's Gemini API to analyze photo content. You must provide your own Google API key (available free at aistudio.google.com/apikey). Your use of the Gemini API is governed by the Gemini API Additional Terms of Service and the Google APIs Terms of Service. You are solely responsible for all API usage charges incurred through the Software.

IMPORTANT: On Gemini's free tier, Google may use submitted content (including photo thumbnails) to improve Google products, and human reviewers may view your API inputs. On paid tiers, Google does not use your content for training. The free tier is not available for users in the EU/EEA, UK, or Switzerland — a paid (billing-enabled) API key is required in those regions.

FUNCTIONAL LIMITATIONS: Gemini's free tier imposes strict daily API call limits set by Google (currently ~25 calls/day for gemini-2.5-flash, approximately 17 photos). These limits are subject to change by Google at any time without notice. To process larger photo collections, users must enable billing on their Google AI Studio / Google Cloud account. The Licensor has no control over Google's quotas or rate limits.

The Licensor is not affiliated with Google and has no control over Google's pricing, availability, or policies.

(b) OpenAI API (alternative)

The Software can alternatively use OpenAI's API to analyze photo content. You must provide your own OpenAI API key and maintain an active OpenAI account. Your use of the OpenAI API is governed by OpenAI's Terms of Use. You are solely responsible for all API usage charges incurred through the Software. The Licensor is not affiliated with OpenAI and has no control over OpenAI's pricing, availability, or policies.

(c) GeoNames Database

The Software includes a bundled GeoNames geographical database for offline reverse geocoding (converting GPS coordinates to city/state/country names). This data is licensed under Creative Commons Attribution 4.0 International (CC-BY 4.0). See: geonames.org

(d) OpenStreetMap Nominatim / Overpass API

The Software uses OpenStreetMap's free services for forward geocoding (Home Address / Tag City lookup, 1–2 calls per session) and landmark verification (Overpass API). These services are provided under the OpenStreetMap Foundation's usage policies and the Open Database License (ODbL). The Licensor does not guarantee the availability or accuracy of these services.

The Licensor is not responsible for any costs, service interruptions, data processing, or policy changes by these third-party providers.

4. Data and Privacy

The Software processes your photos locally on your computer. However, certain data is transmitted to external services:

  1. Resized photo thumbnails (not originals) are sent to your selected AI provider's servers (Google or OpenAI) for content analysis. See Section 3 for data handling differences between Gemini's free and paid tiers.
  2. GPS reverse geocoding is performed offline using the bundled GeoNames database — no photo coordinates are sent externally. Only your typed Home Address / Tag City text is sent to OpenStreetMap Nominatim for forward geocoding. GPS coordinates may be sent to the Overpass API for landmark verification.

For full details on data handling, see the Privacy Notice included with the Software. By using the Software, you acknowledge and consent to this data processing. If you process photos containing images of other people, you are responsible for ensuring you have the right to do so under applicable privacy laws.

The Licensor does not collect, store, or have access to your photos, API keys, GPS data, or any other personal information. All processing occurs between your computer and the third-party services (Google, OpenAI, OpenStreetMap, or Gumroad as applicable).

5. Intellectual Property

The Software and all copies thereof are the intellectual property of and are owned by the Licensor. The structure, organization, and code of the Software are valuable trade secrets and confidential information of the Licensor. The Software is protected by copyright law and international treaty provisions.

This Agreement does not grant you any rights to trademarks or service marks of the Licensor.

6. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

THE LICENSOR DOES NOT WARRANT THAT:

  • THE SOFTWARE WILL MEET YOUR REQUIREMENTS;
  • THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
  • THE RESULTS OBTAINED FROM THE SOFTWARE WILL BE ACCURATE OR RELIABLE;
  • PHOTO CLASSIFICATIONS, FOLDER NAMES, OR LOCATION DATA WILL BE CORRECT.

AI-powered photo analysis and geocoding are inherently imperfect. The Software includes safeguards (GPS cross-verification, confidence thresholds, name normalization) but cannot guarantee 100% accuracy. You should review the sorting results and use the built-in Undo feature if corrections are needed.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF DATA, PHOTOS, OR FILES;
  • LOSS OF PROFITS OR REVENUE;
  • BUSINESS INTERRUPTION;
  • COST OF SUBSTITUTE GOODS OR SERVICES;
  • AI PROVIDER API CHARGES (GOOGLE OR OPENAI) INCURRED THROUGH USE OF THE SOFTWARE;

WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE LICENSE.

8. Refund Policy

If you are not satisfied with the Software, you may request a full refund within thirty (30) days of your original purchase date. To request a refund, contact dkphotosorter@gmail.com with your proof of purchase. Refunds will be processed using the original payment method. If you purchased the Software through a third-party marketplace, that marketplace's refund policy may apply instead of or in addition to this policy.

9. Open Source Components

The Software includes third-party open source components, each licensed under its own terms as described in the file THIRD_PARTY_LICENSES.txt included with the Software. Nothing in this Agreement limits your rights under those open source licenses, and nothing in those licenses limits the Licensor's rights under this Agreement with respect to the proprietary portions of the Software.

10. Updates and Support

The Licensor may, at its sole discretion, provide updates, patches, or new versions of the Software. This Agreement applies to all such updates unless a separate agreement accompanies them. The Licensor is under no obligation to provide support, maintenance, updates, or upgrades.

11. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies in your possession.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to conflict of law principles. Any disputes arising under this Agreement shall be resolved in the courts of the State of North Dakota.

13. Export Compliance

You agree to comply with all applicable export control laws and regulations. You may not export or re-export the Software to any country, person, or entity prohibited by applicable law.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and the Licensor regarding the Software and supersedes all prior agreements, proposals, or representations, whether written or oral.

15. Severability

If any provision of this Agreement is held to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact

For questions about this Agreement, contact:
dkphotosorter@gmail.com
dkphotosorter.com