Gallery - Terms of Service

Last Updated: April 6, 2026

1. Agreement to Terms

By downloading, installing, or using Gallery (“the App”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the App. The App is developed and operated by Fog Hill LLC (“we,” “us,” “our”).

2. Description of Service

Gallery is a free mobile app for NYC contemporary art lovers that helps you discover exhibitions, track galleries you have visited, save shows you want to see, and follow galleries and artists.

3. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. User Accounts

Gallery does not require account creation. All features are available without signing in. Your saved exhibitions, visit logs, and follows are stored locally on your device using Apple’s SwiftData framework and never leave your device.

5. Third-Party Content

Gallery displays exhibition listings, gallery profiles, and artist profiles sourced from third-party data providers. This content is owned by the respective galleries and artists. We do not warrant the accuracy, completeness, or timeliness of exhibition information. Always verify exhibition dates and hours directly with the gallery before visiting.

6. Free Service

Gallery is free to download and use. There are no subscriptions, in-app purchases, or paid tiers at this time. All features described in the App are available to all users at no cost.

7. Acceptable Use

You agree not to use the App to:

8. Intellectual Property

Our Content

The App, including its design, features, functionality, and all content created by us (including the Gallery brand, UI design, and curation features), is owned by Fog Hill LLC and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may not copy, modify, distribute, or create derivative works based on the App without our express written permission.

Third-Party Content

Exhibition listings, gallery information, and artist profiles displayed in the App are sourced from third-party data providers. Images and descriptive content belong to their respective owners.

Your Content

You retain all rights to the activity data you create in the App (saved exhibitions, visit logs, follows). All such data is stored locally on your device and we never access or store it on our servers.

9. Privacy

Your use of the App is governed by our Privacy Policy, available at https://foggy-labs.github.io/privacy/gallery/. By using the App, you agree to our collection and use of data as described in the Privacy Policy.

10. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

Exhibition information is provided for discovery purposes only. Always verify exhibition dates, hours, and admission details directly with the gallery before visiting.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOG HILL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA OR LOSS OF PROFITS, ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOG HILL LLC SHALL NOT BE LIABLE FOR ANY INACCURATE EXHIBITION OR GALLERY INFORMATION OR FOR ANY INCONVENIENCE RESULTING FROM RELYING ON SUCH INFORMATION.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Fog Hill LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the App, your violation of these Terms, or your violation of any rights of another party.

13. Termination

We may suspend or terminate your access to the App at any time, with or without cause and with or without notice. Upon termination, your right to use the App ceases immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be resolved in the state or federal courts located in New York, New York.

15. Dispute Resolution

Any dispute arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in New York, New York.

16. Severability

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

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the App and updating the “Last Updated” date. Your continued use of the App after any changes constitutes your acceptance of the revised Terms.

18. Contact Us

If you have questions about these Terms, please contact us:

Email: ben@thefoghill.com
Company: Fog Hill LLC (d/b/a Foggy Labs)

These Terms are effective as of April 6, 2026.