Terms of Use
Effective [date] · OverProtect LLC
- You pay once and keep the version you have. Your purchase includes one year of updates.
- After that year, updates are an optional yearly subscription. You can cancel it anytime, and Fotofied keeps working if you do.
- One license covers up to 2 of your Macs at a time. You can move it to a new Mac whenever you like.
- Changed your mind? Ask within 14 days of a purchase or an updates renewal for a full refund.
- Your images are yours. Editing and Foto Upscale run on your Mac. We don't upload your images or train on them.
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
- Price. The price is shown on the website and at checkout, in US dollars. Applicable sales tax or VAT is added at checkout. Prices may change, but a change never affects a purchase you've already made.
- Payment. Payments are processed by Stripe. We never see or store your full card details.
- Your email is your account. There is no username or password. We confirm your email address with a one-time code before checkout, and we send your license key to that address. Keep it current and keep your key private. Anyone with your key can activate Fotofied.
- No trial. Fotofied requires a license. Without one, the App stays locked.
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:
- Up to 2 Macs at a time. You may activate the App on up to 2 Macs that you own or control. To use it on another Mac, deactivate one first. You can do this from either Mac.
- Personal to you. Your license is for you, or for one person in your organization if the organization bought it. You may use the App for personal and commercial work.
- Versions you keep. Your license covers every release published while your updates are active (see section 4). You may keep using those releases indefinitely, even if your updates end.
You may not:
- share, publish, sell, rent or lend your license key, or let others use it;
- remove, disable or get around licensing or activation;
- copy, modify, or create derivative works of the App, or reverse engineer, decompile or disassemble it, except where applicable law expressly allows it despite this restriction;
- redistribute the App or any part of it, including its bundled models and resources.
4. Updates and the optional updates subscription
- Included year. Your purchase includes all Fotofied releases published in the first year after your purchase date.
- After that year. You can keep getting new releases with the optional updates subscription, currently $12.99 per year plus applicable tax. A subscription is not required to keep using the App.
- When you're charged. The subscription is a separate purchase, charged when you subscribe and then once a year. If you subscribe while your updates are still active, the year you pay for is added to the end of them, so you lose no time. If you subscribe after your updates have ended, new releases are available again right away.
- Automatic renewal. The subscription renews every year and charges the payment method you used until you cancel. We'll email you before a renewal if the price is changing. A new price applies only from your next renewal.
- Canceling. You can cancel anytime. Cancellation takes effect at the end of the year you've already paid for. You keep every release published up to then, and the App keeps working. Within 14 days of a renewal charge, you can instead get that charge refunded (see section 5).
- No guarantee of specific updates. We work to improve Fotofied, but we don't promise any particular feature, release schedule or number of releases.
5. Refunds
Wherever you live, you can cancel and get a full refund within 14 days, no reason needed:
- The App purchase. Within 14 days of buying Fotofied. The refund ends your license, and the App stops working on the Macs activated with it.
- An updates subscription charge. Within 14 days of that charge. The subscription ends, and your updates end on the date of the refund, or when the updates you had before that charge end, if that's later. You keep every release published before then, and your license isn't affected.
To ask for a refund, email support@fotofied.com 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
- Your content stays yours. We claim no rights in the images you open, edit or create with Fotofied, including Foto Upscale results.
- Processed on your Mac. Editing and Foto Upscale run on your Mac. We don't upload your images, and we don't use them to train any model.
- Your responsibility. You're responsible for having the rights to the images you work with and for how you use the results. Foto Upscale creates new detail that isn't in the original image. Check results before you rely on them.
- Keep backups. Keep copies of important files. Imported and exported formats, such as PSD, may not match other apps exactly.
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: support@fotofied.com
OverProtect LLC · [mailing address]
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