1. Acceptance of Terms

By downloading, installing, or using SmugMug Downloader (“the App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

2. Description of Service

SmugMug Downloader is a free macOS application that allows users to download photos and videos from their own SmugMug accounts. The App is provided as-is for personal use.

3. Independent Project Disclaimer

IMPORTANT: SmugMug Downloader is an independent personal project and is NOT affiliated with, endorsed by, sponsored by, or associated with SmugMug, Inc. in any way. 

• This App is developed and maintained independently
• SmugMug, Inc. has no involvement in this project
• SmugMug, Inc. provides no support for this App
• Any issues with this App should not be reported to SmugMug, Inc.
• The SmugMug name and trademarks belong to SmugMug, Inc.

4. User Responsibilities and Assumption of Risk

BY USING THIS APP, YOU ACKNOWLEDGE AND AGREE THAT:

4.1 Full User Responsibility

• You use this App entirely at your own risk
• You are solely responsible for any consequences of using this App
• You assume full responsibility for backing up your data before using this App
• You are responsible for ensuring you have adequate storage space for downloads
• You are responsible for managing your SmugMug API credentials securely

4.2 Account Access

• You may only use this App to access your own SmugMug account
• You are responsible for obtaining proper API credentials from SmugMug
• You must comply with SmugMug’s Terms of Service when using their API
• Unauthorized access to other users’ accounts is strictly prohibited

4.3 Data Backup

• You should maintain independent backups of all important data
• This App is not a substitute for proper data backup practices
• You should verify downloaded files before relying on them

5. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

5.1 No Warranties

The developer makes no warranties, express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of downloads
• Uninterrupted or error-free operation
• Compatibility with your system or SmugMug’s services

5.2 No Guarantee of Functionality

• The App may not work with all SmugMug accounts or configurations
• SmugMug may change their API at any time, potentially breaking functionality
• The App may contain bugs or errors
• Downloads may fail, be incomplete, or corrupted

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

6.1 No Liability for Damages

The developer shall NOT be liable for any damages whatsoever, including but not limited to:

• Lost or corrupted files or data
• Failed downloads or incomplete transfers
• Damage to your computer or storage devices
• Loss of time or productivity
• Business interruption or lost profits
• Any direct, indirect, incidental, special, or consequential damages
• Any damages arising from use or inability to use the App

6.2 Maximum Liability

In no event shall the developer’s total liability exceed $0(zero dollars), as this is a free application.

7. Indemnification

You agree to indemnify, defend, and hold harmless the developer from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third party’s rights
• Any misuse of SmugMug’s services through this App

8. Third-Party Services

8.1 SmugMug Integration

• This App uses SmugMug’s API to access your photos
• You must comply with SmugMug’s Terms of Service
• SmugMug may change or discontinue their API at any time
• The developer has no control over SmugMug’s services

8.2 No Responsibility for Third-Party Services

The developer is not responsible for:

• SmugMug’s service availability or reliability
• Changes to SmugMug’s API or policies
• Any issues with SmugMug’s servers or services

9. Modifications to Terms

The developer reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the App after changes constitutes acceptance of the new Terms.

10. Termination

These Terms remain in effect until terminated. You may terminate your use of the App at any time by deleting it from your device. The developer may discontinue the App at any time without notice.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the developer resides, without regard to conflict of law principles.

12. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13. Entire Agreement

These Terms constitute the entire agreement between you and the developer regarding the use of the App.

Privacy Policy

1. Information We Do NOT Collect

SmugMug Downloader is designed with privacy as a core principle. We do NOT collect, store, transmit, or have access to:

• Personal information or identity data
• Your photos, videos, or any media content
• Photo metadata, EXIF data, or file information
• Usage analytics or app usage statistics
• Crash reports or error logs
• Device information or system specifications
• IP addresses or location data
• Browsing history or website visits
• Any form of tracking data or cookies

2. Information Stored Locally on Your Device

The following information is stored only on your Mac and never transmitted anywhere:

2.1 SmugMug API Credentials

• Your SmugMug API key and secret (encrypted with military-grade encryption)
• OAuth tokens for accessing your SmugMug account
• These are stored in your Mac’s secure storage and never leave your device

2.2 App Preferences

• Your chosen output directory path
• Download preferences and settings
• Window positions and interface preferences

2.3 Download State Information

• List of files you’ve already downloaded (for resume functionality)
• File checksums for integrity verification
• Download progress information

2.4 Application Logs

• Local log files for troubleshooting (stored in ~/Documents/SmugMugDownloader/logs/)
• These logs contain technical information only, no personal data
• Logs are stored locally and never transmitted

3. Network Connections

The App only connects to the following services:

3.1 SmugMug’s Official Services

• api.smugmug.com – To access your photos and albums
• secure.smugmug.com – For OAuth authentication
• These connections use HTTPS encryption
• No data is sent to any other servers or services

3.2 No Third-Party Connections

The App does NOT connect to:

• Analytics services
• Advertising networks
• Social media platforms
• Developer’s servers
• Any other third-party services

4. Data Security

4.1 Encryption

• Your SmugMug API credentials are encrypted using AES-256 encryption
• Encryption keys are derived using PBKDF2 with 100,000 iterations
• Keys are bound to your specific Mac and user account

4.2 Local Storage Only

• All data remains on your Mac
• No cloud storage or remote backups of your data
• You have complete control over your information

5. Data Sharing

We do NOT share any data with anyone because we don’t collect any data.

• No data is sold, rented, or shared with third parties
• No data is provided to advertisers or marketers
• No data is used for research or analytics
• No data is shared with SmugMug, Inc. or any other company

6. Your Rights and Control

6.1 Complete Control

• You can delete all app data by removing the application
• You can clear download history by deleting state files
• You can revoke API access through your SmugMug account settings

6.2 Data Portability

• All your data is stored in standard formats on your Mac
• You can access, copy, or move your downloaded photos at any time
• No proprietary formats or locked-in data

7. Children’s Privacy

This App is not directed at children under 13. We do not knowingly collect any information from children under 13. If you are under 13, do not use this App.

8. International Users

This App is developed in the United States. By using the App, you consent to the transfer and processing of your information (which is minimal and local-only) in accordance with this Privacy Policy.

9. Changes to Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted here with an updated effective date. Your continued use of the App after changes constitutes acceptance of the updated Privacy Policy.

10. Contact Information

This is a personal project with no formal support structure. For questions about these terms or privacy practices, you may seek community support through the project’s public channels.

Additional Disclaimers

No Professional Support

This is a personal project provided free of charge:

• No professional support is provided
• No service level agreements or guarantees
• Updates and maintenance are provided on a best-effort basis
• The project may be discontinued at any time

SmugMug API Dependencies

This App depends on SmugMug’s API:

• SmugMug may change their API at any time
• SmugMug may restrict or limit API access
• The developer has no control over SmugMug’s services
• Functionality may break if SmugMug changes their systems

Backup Recommendations

IMPORTANT: This App is not a backup solution:

• Always maintain independent backups of important data
• Verify downloaded files before deleting originals
• Use proper backup strategies for critical photos
• Consider this App as one part of a comprehensive backup plan

By using SmugMug Downloader, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Privacy Policy.