Fotofied

Terms of Use

Effective [date] · OverProtect LLC

The short version

This summary is for convenience. The full terms below are what apply.

1. About these terms

These Terms of Use ("Terms") are an agreement between you and OverProtect LLC ("we", "us"). They cover the Fotofied app for Mac ("the App"), the fotofied.com website, and the services we use to sell, deliver, activate and update the App (together, "Fotofied"). By buying, installing or using Fotofied, you agree to these Terms. If you don't agree, don't use Fotofied.

You must be old enough to enter a binding contract where you live. If you buy for a company or other organization, you confirm that you can accept these Terms for it.

2. Buying Fotofied

3. Your license

Fotofied is licensed, not sold. When you pay, we grant you a perpetual, non-exclusive, non-transferable license to install and use the App, subject to these Terms:

You may not:

4. Updates and the optional updates subscription

5. Refunds

Wherever you live, you can cancel and get a full refund within 14 days, no reason needed:

To ask for a refund, email [email protected] from the address on your license. The refund goes back to the payment method you used. After 14 days, payments are not refundable, and we don't give partial refunds when you cancel a subscription. Where your local law gives you more rights, those rights still apply.

If an App payment is reversed or charged back, we may end the license it paid for in the same way as a refund.

6. Activation and internet access

Activating the App on a Mac needs an internet connection. After that, editing works offline. The App also checks for updates, and occasionally contacts our license service to keep its activation current. For activation, it sends your license key, an anonymous device identifier generated by the App (never your Mac's serial number) and the Mac name you see in the App's device list. It does not send your images or documents. Our Privacy Policy explains what we collect and why.

7. Your work

8. Email

We send email only about your purchase and your license: your license key, sign-in and recovery codes, receipts, renewal notices, device changes, and important security notices. We send news or offers only if you opted in, and every such email lets you opt out.

9. Third-party software

Fotofied includes open-source software and other third-party components. Each is provided under its own license, which applies to that component and is listed on our Licenses page and in the App. Nothing in these Terms limits your rights under those licenses.

10. Our website and services

Don't misuse fotofied.com or our license and update services. For example, don't try to disrupt them, access them without permission, probe them for weaknesses except under our Security policy, use automated means to overload them, or use them to break the law. To report a security issue, follow the instructions on our Security page.

11. Ownership

Fotofied, including its code, design, artwork, models and documentation, belongs to OverProtect LLC and its licensors and is protected by copyright and other laws. "Fotofied" and the Fotofied icon are our trademarks. Apart from the license in section 3, these Terms give you no rights in them.

12. Ending your license

If you seriously or repeatedly break these Terms, for example by sharing your key or getting around activation, or if a purchase was fraudulent, we may end your license after telling you why by email. When a license ends, you must stop using the App. Sections 7, 9, 11, 13, 14, 15 and 17 continue to apply.

13. Disclaimer

We work hard to make Fotofied reliable, but it is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise that Fotofied will be error-free or uninterrupted, or that it will work with every file, Mac or version of macOS.

14. Limitation of liability

To the fullest extent the law allows, OverProtect LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data, images or goodwill, arising from Fotofied or these Terms. Our total liability for any claim is limited to the amount you paid us for Fotofied in the 12 months before the claim arose.

15. Your rights under consumer law

Some places don't allow certain warranty disclaimers or liability limits. In those places, sections 13 and 14 apply only as far as local law allows. Nothing in these Terms limits rights you have as a consumer that can't be waived by contract.

16. Changes to these Terms

We may update these Terms. We'll post the new version here with a new effective date and, for material changes, notify you by email or in the App before they take effect. A change never takes away a license you've already paid for or reduces the updates you've already paid for. If you don't agree with a change, you can cancel your updates subscription.

17. Governing law

These Terms are governed by the laws of the State of [state] and the United States, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in [county, state], unless your local consumer law gives you the right to bring a claim where you live.

18. Everything else

These Terms and our Privacy Policy are the entire agreement between you and us about Fotofied. If any part of these Terms can't be enforced, the rest still applies. If we don't enforce a term right away, we can still enforce it later. You may not transfer these Terms without our written consent. We may transfer them to a company that acquires Fotofied, and your license continues on the same terms.

19. Contact

Questions about these Terms: [email protected]
OverProtect LLC · [mailing address]

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