PicPrep terms of use

[DRAFT - lawyer review pending. Not legal advice. Remove this line only after an Israeli lawyer has reviewed these terms.]

Version [1.0], effective [date]. These terms apply to PicPrep 1.0.0 and every later version.

1. Who this agreement is between

This agreement is between you and me, Tal Afek, an individual developer in Israel ("I", "me"). You can contact me at [email protected], or by post at [postal address].

You buy PicPrep from Polar Software, Inc. ("the Reseller"). The Reseller sells it as merchant of record and handles payment, tax, receipts, renewals, cancellations and refunds under its own buyer terms. This agreement covers your use of PicPrep. If you use PicPrep for an organisation, you accept these terms for that organisation.

2. Plans

• PicPrep is sold as a subscription: yearly or monthly. The price, and any tax, is shown at checkout before you pay.
• Personal and commercial use are both allowed.
• Introductory offers and education discounts apply only as stated when they are offered.

3. Your licence

• 3.1 Licence. While your subscription is active, I grant you a non-exclusive, non-transferable licence to install and use PicPrep on up to two (2) computers at a time, for your own work.
• 3.2 Moving computers. To use PicPrep on a different computer, release the old one first, in Settings → Licence or in the Reseller's customer portal.
• 3.3 Trial. Without a subscription, you can try every feature of PicPrep on one computer for 14 days. There is one trial per person and one per computer.
• 3.4 Ownership. PicPrep is licensed, not sold, and I keep all rights in it. Your photos, projects and exports are yours, and I claim no rights in them.

4. Renewal and cancelling

• 4.1 Renewal. Your subscription renews automatically at the end of each yearly or monthly period, and the Reseller charges the price of your plan at that time, until you cancel.
• 4.2 Price changes. If the price of your plan changes, you will be told at least [30] days before your next renewal. You can cancel before the new price applies.
• 4.3 Cancelling. You can cancel at any time in the Reseller's customer portal (the "Manage subscription" link in Settings → Licence). Cancelling stops future charges. Your subscription stays active until the end of the period you have already paid for.
• 4.4 Switching plans. If you switch between the yearly and monthly plans, you keep your licence key and your computers.

5. When your subscription ends

When your subscription ends because you cancelled or a payment failed:

• PicPrep still opens every project, so you can look at all your work. Nothing is deleted, moved or hidden.
• Editing and exporting are paused until you renew.
• PicPrep keeps receiving updates, including security updates (see section 6).
• If you renew, editing and exporting resume straight away. You do not need to reinstall anything.

The same applies when a trial ends.

6. Updates

• 6.1 While you subscribe. Every version of PicPrep that I release while your subscription is active is included at no extra cost.
• 6.2 Security updates. Security updates are free for every copy of PicPrep until at least the date shown when you bought it, which is at least five years after your purchase. This applies whether or not your subscription is still active, and even if I stop selling PicPrep.
• 6.3 No promise of new features. I do not promise to add any particular feature or to fix any particular bug by any date, except where the law that protects you as a consumer requires it (see section 12).
• 6.4 Changes to features. If an update would remove a main feature that was described when you bought or last renewed, I will tell you before it is released. You can then cancel and get a refund of the unused part of your paid period.

7. Support

Support is by email, on a best-effort basis, as the Support Policy at https://getpicprep.com/legal/support.html describes. There is no guaranteed response time, and no obligation to provide training, custom work or new features.

8. Licence checks

• PicPrep activates online once on each computer, then checks the licence about once a week when online.
• If the licence service cannot be reached, PicPrep keeps working as before.
• Only an explicit answer from the licence service changes what PicPrep does: that the subscription has ended, or that the licence was refunded, charged back or revoked under section 11. Even then, every project stays viewable.
• What PicPrep sends is described in the Privacy Notice at https://getpicprep.com/legal/privacy.html.

9. If I stop

I may stop developing, selling or supporting PicPrep at any time. If I do:

• (a) I will cancel all subscriptions, so nobody is charged again [, and refund the unused part of the current paid period];
• (b) I will publish an end-of-life file that lets every copy that held a paid licence keep running, with all its features, without contacting any licence service;
• (c) security updates continue as section 6.2 says;
• (d) where practical, I will post a notice on https://getpicprep.com.

Your projects and exports are ordinary files on your computer, and I never hold them.

10. What you may not do

You may not:

• (a) share, publish, sell or rent your licence key, or use it on more computers than your licence allows;
• (b) remove or get around the licence check;
• (c) copy or distribute PicPrep, except to make backups of your own copy;
• (d) decompile, disassemble or reverse engineer PicPrep, except where the law allows it despite this restriction (for example, for interoperability).

Open-source components included in PicPrep are listed in Help → About and are governed by their own licences, which take precedence for those components.

11. Ending the licence

Your licence ends if:

• (a) you receive a refund, or reverse the payment; or
• (b) you seriously break section 10 and do not stop within 14 days of my email asking you to. If the breach is publishing or selling keys or cracked copies, your licence ends straight away.

In those cases I may revoke your key. PicPrep then works as section 5 describes: your projects stay viewable, and editing and exporting are paused. You may end this agreement at any time by cancelling and uninstalling PicPrep. Sections 12 to 16 continue to apply after the licence ends.

12. Your statutory rights come first

If you are a consumer, the law of the country where you live gives you rights that this agreement cannot remove or limit. These include the right that PicPrep matches its description and is of reasonable quality, and the right to a repair, a price reduction or a refund when it does not. Nothing in this agreement affects those rights. Where this agreement and such a law conflict, the law wins. [For Australian consumers: our goods come with guarantees that cannot be excluded under the Australian Consumer Law.]

13. No other warranties

EXCEPT FOR THE RIGHTS IN SECTION 12 AND THE DESCRIPTION OF PICPREP PUBLISHED WHEN YOU BOUGHT OR LAST RENEWED IT, PICPREP IS PROVIDED "AS IS", WITH ALL FAULTS. TO THE EXTENT THE LAW ALLOWS, I GIVE NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND I DO NOT WARRANT THAT PICPREP WILL BE ERROR-FREE OR UNINTERRUPTED.

PicPrep is designed never to change, move or delete your original photos, and to write exports to new files. Keep backups of work that matters to you.

14. Limits on liability

• 14.1 To the extent the law allows, I am not liable for indirect or consequential loss, or for lost profits, revenue, business, goodwill or opportunity.
• 14.2 To the extent the law allows, my total liability arising from PicPrep or this agreement is limited to the amount you paid for PicPrep in the 12 months before the claim.
• 14.3 Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited, including liability under product-liability law.

15. Changes to these terms

I may publish a new version of these terms. I will tell you about it at least [30] days before it applies. A new version applies from your first renewal after that notice. If you do not agree, you can cancel before then, and the version you accepted keeps applying until your paid period ends.

16. Law and disputes

Israeli law governs this agreement, without its conflict-of-laws rules. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts there where that law allows. [If you are not a consumer, the competent courts of Tel Aviv-Yafo have jurisdiction.] Please email me first: most problems can be solved with a fix or a refund.

17. General

• If a part of this agreement cannot be enforced, the rest still applies.
• This agreement, the Support Policy, the Refund Policy and the Privacy Notice are the whole agreement between us about PicPrep. The Reseller's buyer terms govern the purchase.
• I may transfer this agreement, on the same terms, to someone who takes over PicPrep.
• The English version of this agreement prevails [over any translation].