Terms of Service

1. About these Terms

These Terms of Service (“Terms”) govern your use of the Android app MyWalls / Wallpapers 4K: HD Backgrounds (Google Play package com.smartappcraft.mywalls.live.wallpapers, including earlier or alternative store listing names of the same app), its online gallery and related services (together, the “App”).

The App is provided by Lukasz Czwarno, trading as Smart App Craft, Owocowa 2, 05-827 Grodzisk Mazowiecki, Poland, email [email protected] (“we”, “us”, “our”).

By downloading, installing or using the App, you agree to these Terms. If you do not agree, please do not use the App. Our Privacy Policy explains how we process personal data. The Google Play Terms of Service also apply to your use of Google Play.

In these Terms, a “consumer” is a natural person using the App for purposes outside their trade, business or profession. Under Polish law, certain protections for consumers also apply to sole traders concluding contracts that are not of a professional nature for them.

2. Who can use the App

You may use the App if you can form a binding agreement under the law of your country, or if your parent or legal guardian has agreed to these Terms on your behalf. If you are under 18 (or the age of majority where you live), please review these Terms with a parent or guardian.

Planned features have additional age requirements Planned: to create an account, upload or publish content, you must be at least 16 years old (or older if a higher minimum age applies in your country). Users under 18 need the consent of a parent or legal guardian to use these features and to make purchases.

You may not use the App if you are prohibited from doing so under applicable law, including sanctions laws.

3. The App and technical requirements

3.1 Current features

The App currently allows you to:

• browse our online gallery of 4K and HD wallpapers and live wallpapers, organised in categories;
• download wallpapers to your device;
• set wallpapers and live wallpapers on your home screen and lock screen;
• save favorites and create collections and playlists, which are stored locally on your device.

The App is free of charge and displays advertisements. Some features may be available after watching a rewarded ad.

3.2 Planned features

3.3 Technical requirements

To use the App you need a compatible Android device with a supported Android version (as shown on the Google Play page), enough free storage, and an internet connection for the online gallery, ads and updates. Live wallpapers depend on support from your device and launcher, and may affect battery use and performance. Data charges from your mobile operator may apply. We are not responsible for the costs of your internet connection.

4. Your licence to use the App

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on Android devices you own or control, for your personal, non-commercial use.

You may not, except where the law expressly allows it despite this restriction: copy, modify, translate, decompile, disassemble or reverse engineer the App; remove or alter any notices; rent, sell, sublicense or distribute the App; or use the App to build a competing product or service.

5. Gallery content

The wallpapers, videos, images and other material in our online gallery (“Gallery Content”) may be created by us, licensed from third parties, generated with the help of artificial intelligence tools, or (in the future) uploaded by users. Gallery Content remains the property of its respective owners.

You may download Gallery Content and use it only as a wallpaper or background on your own devices, for personal and non-commercial purposes. Unless the content is clearly marked otherwise, you may not:

• sell, license, redistribute, publish or make Gallery Content available to others, including in other apps, websites, templates or collections;
• use Gallery Content for commercial purposes, advertising, merchandise or in any trademark, logo or brand;
• bulk-download, scrape or systematically copy Gallery Content;
• remove watermarks, credits or other rights notices.

Some Gallery Content may show characters, brands, logos or works that belong to third parties. Their appearance does not mean that those rights holders sponsor or endorse the App, or that you receive any rights in them. We make reasonable efforts to offer only content we are allowed to distribute. If you believe any Gallery Content infringes your rights, please report it as described in section 10.

We may add, change or remove Gallery Content at any time, for example if a licence ends or content is reported.

6. Downloads and on-device data

Wallpapers you download, and your favorites, collections, playlists and settings, are stored only on your device. You are responsible for managing this data and for backing up anything that matters to you. It will be lost if you uninstall the App, clear its data or change devices, and we cannot restore it. Downloaded wallpapers remain subject to the usage rules in section 5, even after they are saved to your device.

7. User content Planned

7.1 You own it, and you are responsible for it

You keep ownership of any rights you have in your User Content. You are solely responsible for your User Content and for the consequences of uploading, publishing or sharing it. We do not pre-approve User Content and do not adopt it as our own.

7.2 Your promises about User Content

Each time you upload or publish User Content, you confirm that:

• you created it yourself, or you own or have obtained all rights, licences and permissions needed to upload it and to grant the licence in section 7.3 (including rights to any music, sound, footage, artwork, fonts, logos or other third-party material it contains);
• every identifiable person shown in it has given their consent to be shown and published, and if a person is a minor, their parent or guardian has consented;
• it does not infringe any copyright, trademark, design right, personality right, privacy right or other right of any person;
• it complies with these Terms and with the law of Poland, the European Union and your country.

You must be able to prove your rights on our request. Uploading content you found on the internet, in other apps, films, TV programmes, games or on social media usually requires permission from the rights holder, even if the content is freely viewable or you give credit to the author.

7.3 The licence you grant us

So that we can operate the App, you grant us a worldwide, non-exclusive, royalty-free, transferable licence, with the right to sublicense to our service providers, to host, store, reproduce, cache, adapt for technical purposes (for example resize, compress, crop, convert format or create previews and thumbnails), display, make available to the public and distribute your User Content, in each case only within and for the purpose of operating, providing, securing, moderating, improving and promoting the App.

If you make User Content public, you also grant other users a licence to view it and to download it for use as a wallpaper on their own devices, for personal and non-commercial use, in line with section 5.

The licence starts when you upload the content and ends when you or we delete it, except that: (a) copies may remain in backups for a limited time; (b) content already downloaded by other users under their licence may remain on their devices; (c) we may keep content as long as needed to comply with the law, handle a report or dispute, or preserve evidence. In the parts of the world where this is legally possible, you waive, or agree not to assert, moral rights to the extent needed for the technical adaptations above; you keep your right to be identified as the author where the law does not allow this.

7.4 Prohibited content

You must not upload, publish or share content that:

• infringes copyright, trademarks or other intellectual property rights, including pirated films, TV, anime, music, games or content from other creators without permission;
• shows, promotes or sexualises the abuse of children in any way. We have zero tolerance for child sexual abuse material and will report it to the competent authorities;
• contains pornography, sexually explicit material or nudity;
• shows graphic violence, gore, self-harm or animal cruelty, or encourages violence or dangerous activities;
• promotes terrorism, violent extremism, or hatred or discrimination based on race, ethnicity, nationality, religion, disability, sex, gender identity, sexual orientation, age or similar characteristics;
• harasses, threatens, bullies, defames or intimidates others;
• reveals private information about others (such as addresses, ID documents, phone numbers) or includes images of people without their consent;
• impersonates any person or organisation, or includes deceptive deepfakes or manipulated media of real people;
• promotes illegal drugs, weapons, gambling or other illegal goods or services;
• contains spam, advertising, scams, phishing, malware, hidden data or links designed to mislead;
• is otherwise illegal under applicable law or violates Google Play policies.

7.5 Public content and sharing links

Content you publish, and content shared through links, may be visible to anyone who has access to the App or the link, including people who do not use the App. We cannot prevent others from copying or saving public content. We may disable or change sharing links at any time, for example if the content is removed.

8. Acceptable use

When using the App, you must not:

• break the law or help others to do so;
• interfere with or disrupt the App, its servers or networks, or attempt to gain unauthorised access to them or to other users’ data or accounts;
• use bots, scripts, scrapers or other automated means to access the App, its API or its content;
• circumvent, disable or manipulate ads, rewarded ad mechanisms, payment checks, content restrictions or security features;
• create fake accounts, manipulate likes, downloads or other statistics, or evade a suspension or ban Planned;
• misuse the reporting system, for example by submitting reports you know are false.

9. Content moderation and enforcement

We are not obliged to monitor content in general, but we may review content and take action if we become aware of illegal content or content that breaches these Terms. This section explains how we do this, including for the purposes of the EU Digital Services Act (“DSA”).

9.1 How we moderate

We moderate on the basis of reports from users, rights holders and authorities, and on our own initiative. For User Content Planned, we may use automated tools, such as systems that detect nudity, violence, spam, duplicates or known illegal material, which can flag content for review or automatically restrict its visibility. Decisions with significant effects are made or can be reviewed by a person.

9.2 Measures we may take

If we have reasonable grounds to believe that content is illegal or breaches these Terms, or that a user has seriously or repeatedly breached them, we may, proportionately to the breach:

• remove content or disable access to it, or limit its visibility (for example exclude it from search or recommendations);
• add warnings or age restrictions;
• suspend or disable features such as uploading or sharing;
• temporarily suspend or permanently close an account and block the user from creating new accounts Planned;
• preserve data and report the matter to the competent authorities, where required or permitted by law.

When deciding, we take into account the seriousness, frequency and consequences of the breach and whether it was intentional. We may act immediately where there is a risk to people’s safety, to minors, or to the App, or where the law requires it.

9.3 Statement of reasons and appeals

If we remove or restrict your content or account, we will tell you what we did and why, including whether we relied on the law or these Terms and whether automated means were used, unless the content is deceptive high-volume commercial content or we are prohibited from informing you by law. You can appeal the decision within 6 months by replying to our notice or emailing us. A person will review your appeal and we will inform you of the outcome without undue delay. We will reverse the decision if it was not justified.

If you are in the EU, you may also refer the dispute to an out-of-court dispute settlement body certified under Article 21 DSA, or take your case to court. These options do not affect each other.

9.4 Repeat infringers and misuse

We will suspend or close the accounts of users who repeatedly infringe copyright or other rights, or who frequently upload manifestly illegal content. We may also suspend, for a reasonable period and after a warning, the processing of reports from people who frequently submit manifestly unfounded reports.

10. Reporting illegal or infringing content

Anyone can report content in the App (including current Gallery Content) that they believe is illegal or infringes their rights, such as copyright, trademark, personality or privacy rights. When available, you will also be able to use the report button in the App Planned. Until then, or for detailed notices, email [email protected] with the subject “Content report” or “Copyright notice”.

We will confirm receipt, review your report carefully, objectively and without undue delay, and inform you of our decision and your options to challenge it. Incomplete reports may delay handling. We may forward a copy of the report (with personal details removed where appropriate) to the user who uploaded the content, so that they can respond.

Counter-notice. If your content was removed because of a copyright report and you believe this was a mistake or that you have the right to use it, you can send us a counter-notice with an identification of the removed content, an explanation of why the removal was wrong, your contact details, and a good-faith statement that the information is accurate. We may restore the content if the complaint is justified, or forward the counter-notice to the reporter so that the parties can resolve the dispute, including in court.

False reports. Knowingly submitting a false report or counter-notice may make you liable for damages. Where the law applies, this includes liability under Section 512(f) of the U.S. Digital Millennium Copyright Act.

Points of contact. Our single point of contact for users, and for EU Member State authorities, the European Commission and the European Board for Digital Services under Articles 11 and 12 DSA, is [email protected]. We communicate in English and Polish.

If there is an immediate threat to someone’s life or safety, please contact your local emergency services first.

11. Accounts Planned

When accounts are available, you must provide accurate information, keep your login details confidential and notify us promptly of any unauthorised use. You are responsible for activity on your account unless it results from our fault. An account is personal and may not be sold or transferred. Usernames and profile pictures must comply with section 7.4 and must not impersonate others or infringe trademarks. We may reclaim or change usernames that breach these Terms.

You can delete your account at any time in the App or by request as described in our Privacy Policy. Deleting your account does not cancel an active Google Play subscription; you must cancel it separately in Google Play (see section 13).

12. Ads and third-party services

The App is financed by advertising provided by Google AdMob and its partners, and uses other third-party services described in our Privacy Policy. We are not responsible for the content of third-party ads, websites, products or services, and your dealings with advertisers are solely between you and them. Please do not tap ads that appear misleading or inappropriate, and let us know about them so that we can block them where possible.

13. Subscriptions and in-app purchases Planned

• Purchase through Google Play. All payments are made through Google Play Billing and are also subject to the Google Play Terms of Service and Google’s payment terms. Depending on your country, Google may act as the seller or merchant of record. We do not receive or store your payment card details.
• What you get. Before purchase, we will describe the features included (for example no ads, premium content or additional features), the price including applicable taxes, the billing period and any trial. The price shown in Google Play at the time of purchase applies.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period, or earlier if Google Play specifies so.
• Free trials and introductory offers. If you do not cancel before a free trial or introductory period ends, the subscription will convert into a paid subscription at the regular price.
• How to cancel. Open Google Play › your profile › Payments & subscriptions › Subscriptions, select the subscription and tap Cancel. Uninstalling the App or deleting your account does not cancel a subscription. After cancellation, you keep access until the end of the paid period.
• Price changes. We may change subscription prices for future billing periods. You will be notified in advance by Google Play and, where required, asked to accept the new price. If you do not agree, you can cancel before the change takes effect.
• Restoring purchases. Purchases are linked to the Google account used to make them and can be restored on another device using the same Google account.
• Refunds. Refunds are handled according to Google Play’s refund policy and applicable law. You can request a refund from Google Play and, where appropriate, contact us. Nothing in these Terms limits refunds you are entitled to by law.
• Right of withdrawal (EU, EEA and UK consumers). As a consumer you generally have a 14-day right to withdraw from a distance contract without giving a reason. For digital content provided immediately after purchase, we will ask you to expressly consent to immediate supply and to acknowledge that you lose your right of withdrawal once supply begins. For a subscription service that starts at your request during the withdrawal period, you may still withdraw, but you may have to pay a proportionate amount for the period already provided.
• Changes to paid features. We may improve or change paid features, but we will not materially reduce the core features of a subscription you have already paid for during the current billing period, except where required by law, security or third-party requirements. If we do, you will be entitled to a proportionate refund or other remedies under consumer law.

14. Our intellectual property

The App, including its software, design, user interface, texts, graphics, logos, the names “MyWalls” and “Smart App Craft” and the selection and arrangement of Gallery Content, is protected by copyright, trademark and other laws and belongs to us or our licensors. Except for the licences expressly granted in these Terms, no rights are transferred to you.

If you send us ideas, suggestions or feedback, we may use them without obligation to you.

15. Complaints and consumer rights

If the App or a paid feature does not work as described, or you have any other complaint, contact us at [email protected]. Please describe the problem, your device model and Android version, the App version and, for purchases, the Google Play order number. We will respond within 14 days of receiving your complaint.

If you are a consumer, you have statutory rights, including where digital content or a digital service does not conform to the contract (in the EU under Directive (EU) 2019/770 and, in Poland, the Consumer Rights Act of 30 May 2014). These Terms do not exclude or limit those rights.

Consumers in Poland may seek free assistance from a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów) or the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej). More information is available from the President of the Office of Competition and Consumer Protection (UOKiK) at uokik.gov.pl. Consumers in other EU countries may contact the European Consumer Centre in their country. Participation in out-of-court dispute resolution is voluntary for both parties.

16. Disclaimers

We work to keep the App useful, safe and available, but to the extent permitted by law, the App and all content are provided “as is” and “as available”. We do not guarantee that the App will be uninterrupted, error-free or compatible with every device or launcher, that any particular content will remain available, or that data stored on your device will not be lost.

User Content Planned reflects the views and responsibility of the users who post it, not ours.

This section does not affect your statutory rights as a consumer, including your rights where the App or a paid feature does not conform to the contract.

17. Limitation of liability

What we never limit. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, for gross negligence, for any liability that cannot be excluded or limited under applicable law, or for your mandatory statutory rights as a consumer.

Subject to the above, and to the extent permitted by law:

• we are not liable for loss or damage that was not reasonably foreseeable, or for indirect or consequential losses, loss of profits, revenue, business or goodwill;
• we are not liable for loss of data stored only on your device (such as playlists, favorites or downloads), for example after uninstalling the App, clearing its data, changing devices or a device failure. Please keep copies of files that matter to you;
• we are not liable for content, ads, products or services of third parties, or for User Content Planned, except where we fail to act on a proper report as required by law;
• we are not liable for failures caused by events beyond our reasonable control, such as outages of Google, Cloudflare or network providers, cyberattacks, natural disasters or government actions;
• if you use the App for business purposes, our total liability to you for all claims arising from or related to the App is limited to the greater of (a) the amount you paid us for the App in the 12 months before the claim arose, or (b) EUR 50.

If you are a consumer, we are liable for foreseeable damage caused by our breach of these Terms or our negligence in accordance with the mandatory law of your country of residence.

18. Your responsibility

To the extent permitted by law, you are responsible for, and will compensate us for, reasonable costs, damages and claims by third parties (including reasonable legal costs) arising from your User Content, your breach of these Terms, or your infringement of the rights of others, where you are at fault. We will inform you promptly of any such claim and allow you to take part in defending it. For consumers, this applies only in accordance with the mandatory law of your country of residence.

19. Suspension and termination

You can stop using the App at any time by uninstalling it and (in the future) deleting your account.

We may suspend or terminate your access to the App, or to specific features, if you seriously or repeatedly breach these Terms or the law, if required by law or an authority, or to protect other users, rights holders or the App. Where appropriate and permitted by law, we will warn you first and give you the reasons, as described in section 9.3. If we terminate a paid subscription without a valid reason under these Terms, you will receive a proportionate refund.

We may also discontinue the App or the online gallery entirely. If we do so, we will give reasonable advance notice where possible and will refund any prepaid subscription fees for the unused period.

Sections that by their nature should survive termination (for example sections 7.3, 14, 16, 17, 18 and 21) remain in effect.

20. Changes to the App and these Terms

We continuously develop the App and may add, change or remove features, for example for technical, security, legal or business reasons. We will not make changes that substantially reduce features you have paid for without giving you the remedies required by law.

We may update these Terms, in particular when we introduce planned features, when the law changes, or to address misuse. We will inform you of material changes in the App or by other appropriate means at least 15 days before they take effect, unless a shorter period is required by law or the change is needed to address an unforeseen threat. If you do not agree to the changes, you can stop using the App and cancel any subscription before they take effect. Continuing to use the App after the changes take effect means you accept them.

21. Governing law and disputes

These Terms are governed by the law of Poland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you have your habitual residence.

If you are a consumer, you may bring proceedings in the courts of Poland or of the country where you live, and we may bring proceedings against you only in the courts of the country where you live. If you use the App for business purposes, the courts having jurisdiction over our registered place of business in Poland have exclusive jurisdiction.

Before going to court, please contact us. We will try to resolve any issue amicably.

22. General provisions

• Entire agreement. These Terms, together with our Privacy Policy and any additional terms shown for specific features, are the entire agreement between you and us about the App.
• Severability. If any provision is found invalid or unenforceable, the rest of the Terms remain in effect, and the provision will be applied to the fullest extent permitted by law.
• No waiver. If we do not enforce a right immediately, we do not waive it.
• Transfer. We may transfer our rights and obligations under these Terms to another entity, for example if the App is sold, provided that this does not reduce your rights. You may not transfer your rights without our consent.
• Language. These Terms are drafted in English. If we provide a translation and there is a conflict, the English version prevails to the extent permitted by the law applicable to you.
• Google. Google is not a party to these Terms and is not responsible for the App, except as provided in Google’s own terms for Google Play and Google Play Billing.

23. Contact

Please use a clear subject line, such as “Support”, “Complaint”, “Content report”, “Copyright notice” or “Appeal”. We handle messages in English and Polish.