PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS INSTALLER:

This End-User License Agreement (this “Agreement”) is a legal contract between you and us.

BY INSTALLING OR USING THE SOFTWARE IDENTIFIED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT , THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. YOUR USE OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

If you are accepting this Agreement on behalf of a company, organization, educational institution, foundation, trust, or any other legal entity as its authorized legal representative, then you represent and warrant that you have the power and authority to bind such entity to these terms. References to “you” in this Agreement refer to both an individual end user and to any legal entity on whose behalf you are accepting this agreement.

This Agreement incorporates by reference the Shotpik Privacy Policy as it may be amended from time to time, and which is made a part of this Agreement as if repeated in full.

THIS AGREEMENT REQUIRES CLAIMS TO BE ARBITRATED AND LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT.

IMPORTANT NOTICE:

  • BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT , UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. THE TERMS OF THIS AGREEMENT INCLUDE IN PARTICULAR, LIMITATIONS ON LIABILITY IN SECTION 3.
  • If you are not willing to be bound by the terms of this Agreement, then you must click the “I do not accept” or similar button, terminate the Software download and/or installation process, immediately cease and refrain from accessing or using the Software, and delete any copies of the Software that you may already have.

This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire agreement between you and Shotpik concerning the Software, and this Agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with Shotpik relating to the Software, whether orally or in writing.

You should print or save a copy of this Agreement for future reference.

1. License

1.1. Grant of License.

“Software” as used in this Agreement is defined as including (a) (i) all software files and other computer information, including all of the contents of the downloads, files, including setup files, disk(s), CD-ROM(s) or other media (if applicable) provided to you by Shotpik or its affiliates, licensors and resellers under the brands SHOTPIK™, SHOTPIK™ (including Shotpik X), AURORA HDR™, and PHOTOLEMUR™; (ii) registration information, i.e. each and every license key or activation code which is unique for your registration name and/or email address; (iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Shotpik software or made available by Shotpik on any website operated by Shotpik or its affiliates as compatible for use with the Shotpik software; (iv) other digital products for use on computers, mobile devices and other electronic devices, which are developed by Shotpik or its licensors and made available by Shotpik, including without limitation, presets, photographic filters, photographic textures, overlays, software plug-ins, instructional materials, and any software code developed and produced by third party licensors and made available by Shotpik (unless provided under separate end-user license agreements);(v) cloud-based Software (or its parts), including, without limitation, generative AI (algorithms based on machine learning) features of the Software, or other parts of the Software executed on Shotpik’s or third-party cloud servers; and (b) any Updates (as defined in Section 1.7), Upgrades (as defined in Section 1.7), and any other enhancements, modifications, revisions, or additions to the Software made by Shotpik and made available to end-users, to the extent not provided under separate terms.

In consideration of and subject to your full and ongoing compliance with the terms and conditions of this Agreement and payment of all applicable fees for the use of the Software, Shotpik hereby grants to you, and you accept, a personal, limited, nonexclusive, nontransferable, non-assignable (except as set forth in Section 1.6), revocable license to use the Software during the Term (as defined in Section 5) in machine-readable, object code form only, and any user manuals or explanatory written materials and files accompanying Software (“Documentation”), only as authorized in this Agreement. Shotpik reserves all rights not expressly granted to you under this Agreement.

1.2. Use of Software; Number of Authorized Devices.

Your license to use the Software is conditioned on the restrictions and additional terms and conditions set forth in this Agreement. Any use of the Software in violation of any restrictions or other terms and conditions of this Agreement is a breach of this Agreement and is unlicensed.

The Software may not be used in the operation of a web service or other online service you provide for others, or for the benefit of any other person or entity. It must only be used for your own personal use or internal business processes (if purchased by an entity). You may use the Software only as activated by a license key/activation code, on computers or other devices which utilize Apple or Windows Operating Systems, which devices are owned, leased, or otherwise controlled by you at the same time (each, an “Authorized Device”). If you need to substitute one Authorized Device with another Authorized Device, please contact Shotpik customer service at support@Shotpik.com for assistance. For purposes of this Agreement, “use” of the Software means access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation and as authorized herein.

1.3. Thirty Day Money Back Limited Guarantee for Purchases Made Directly from Shotpik’s Stores

If you purchased your license (including subscription license) to use the Software directly from Shotpik’s digital store or marketplace, from www.Shotpik.com, or other sites operated by Shotpik (the “Websites”), and if you are not completely satisfied with the Software for any reason, you may return (or cancel the subscription for) the Software, together with your receipt or any other proof of purchase of the Software (or the subscription), for a refund of the money you paid for the Software (less any applicable taxes or other fees) at any time during the thirty (30) day period following the date of purchase.

When purchasing a subscription, please bear in mind that subscription model provides for recurring charges which will be made automatically unless you cancel your subscription before it is renewed.

For the avoidance of doubt, in respect of subscriptions, the above thirty (30) day refund period shall only apply to the first time you are billed for a subscription. It shall be your responsibility to manage your subscription preferences. We will not refund any subscription renewal payments, whether due to your oversight of upcoming renewal charges or for any other reason whatsoever.

Upon receiving a refund you shall cease any and all use and destroy all copies, full or partial, of the Software for which you no longer possess a paid-up license. Shotpik reserves the right to disable the Software and\/or any Software product license keys and\/or activation codes issued to you for the refunded Software. We will not refund or credit the difference between the price you were charged and any later price reduction, such as a special sales event, promotion or discontinuation pricing.

Please note: If you purchased a license to use the Software through one of Shotpik’s partners or authorized resellers or distributors (for example, through the Apple App Store or Google Play), you must follow the terms and conditions of that partner, authorized reseller or distributor with respect to any returns and/or refunds. Any applicable returns and/or refunds shall be made only through the partner, authorized reseller or distributor, and not from Shotpik.

Notwithstanding anything to the contrary provided above, no refunds are offered for the following products:

  • Educational content and materials such as video tutorials, e-books, guides and other similar materials; and
  • Additional digital content, such as photography presets and photography textures; and
  • Extra seats (additional device access) purchased for your lifetime license.

Refunds of extra seats (additional device access) purchased for your subscription license will be governed by the rules for the relevant subscription’s refunds.

For example, if you purchased a 12-months subscription license on 1 January and an extra seat (additional device access) on 15 January, both of them will be refundable until 31 January.

In addition, Shotpik may decline refund claims in the following cases:

  • Software was purchased for the wrong platform or operating system; Inability to operate the Software in your computing environment or on your Authorized Device;
  • Inability to operate the Software in your computing environment or on your Authorized Device;
  • Inability to use the Software due to an operator error; or
  • Any actual or suspected fraud or misconduct, including without limitation, any credit or debit card fraud.

1.4. Evaluation Licenses.

If you obtained a trial or evaluation version of the Software, you may use the Software for a limited time period which varies and specified in the offer terms (the “Trial Period”). You may use the Software during the Trial Period for internal non-commercial purposes, solely to evaluate the suitability of the Software for your needs. You must purchase a license key/activation code to be able to continue the use of the Software after the expiration of the Trial Period. If you do not purchase a license key/activation code to use the Software prior to the expiration of the Trial Period, then at the expiration of the Trial Period, you must cease any and all use of the Software, the Software will be deactivated, and this Agreement and all your rights and licenses hereunder will terminate.

1.5. Restrictions.

  1. (a)

Except as authorized in this Agreement, no copies of the Software, Documentation, or license keys/activation codes, or any portions thereof, may be made by you or any person under your authority or control. You must keep all copies of the Software and license keys/activation codes secure. You are solely responsible for protecting your personal data, license key(s)/activation code(s) and your Authorized Device(s) from all unauthorized access, use and copying.

  1. (b)

You may not reverse engineer, decompile, disassemble, copy or otherwise translate the Software or any license keys/activation codes you have obtained or attempt to create the source code from the object code you received.

  1. (c)

You may not modify or adapt the Software or abuse or circumvent any license keys/activation codes that you have obtained in any way. You may not remove any copyright or other proprietary notices that were included on such materials when you first received them.

  1. (d)

You may not sell, license, sub-license, publish, display, disclose, rent, lease, modify, loan, distribute, alter or create derivative works based on, the Software itself or any part thereof, except strictly and solely to the extent that (by virtue of any applicable law that cannot be excluded by contract) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided further that you must notify in writing Shotpik in advance of carrying out any such activity and shall allow Shotpik the opportunity to either terminate this Agreement (if permitted under applicable law) or supply the relevant information at reasonable commercial rates to avoid your need to carry out such activity; provided further that any information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Software with another software program; and (ii) is not unnecessarily disclosed or communicated to any third party without Shotpik’s prior written consent in each instance; and (iii) is only disclosed or communicated to any third party strictly on a need-to-know for the relevant purposes, and subject to written undertakings of confidentiality and limitations on use.

All the textures, objects and images inside the application are purposed solely to modifying or incorporating new creative elements since they will only be used as layers in a photo by the end-user. We are not selling the photos/templates.

You may not sell, license, sub-license, publish, display, disclose, rent, lease, modify, loan, distribute Textures, Overlays, Stickers, Sounds, Text Labels, Camera Color Profiles, Scripts, Images for User Interface, Sample Images, Images for Tutorials as all of these are part of the Product and can’t be used, transferred, copied outside of the product.

1.6. Activation of Software; Assignment of Rights.

Activation of as well as continuation of the subscription license for the Software requires Internet connectivity. Upon payment of applicable fees for the use of the Software and your acceptance of this Agreement, you will be provided with a license key/activation code and you will be requested to provide to Shotpik your email address in order to activate the use of the Software on your Authorized Device(s).

You are not permitted to assign, transfer, sublicense, subcontract, lease, rent, mortgage or lend your rights in the Software, Documentation, or license keys/activation codes, as granted by this Agreement, without prior written consent of Shotpik in each instance.

Shotpik may assign this Agreement and all rights and obligations hereunder to any affiliated entity, to any successor in interest, or to any other third party, in its sole and absolute discretion.

1.7. Updates and Upgrades.

For purposes of this Agreement:

  • “Update” means any modification, addition, enhancement, revision, bug fix or other change to the then-current version of the Software.
  • “Upgrade” means a new version of the Software issued by Shotpik from time to time in its sole discretion (typically once every calendar year).

Each Update to the current version of the Software will be distributed free of charge to you as long as your license is effective; you may be notified that the Update is available through an in-program notification, via the e-mail address you provided upon registration of the Software, or through our website. Shotpik may provide Updates to each version of the Software for a period of twelve (12) calendar months after the date of the release of each such version.

Upgrades will be offered for a separate fee. Any notifications of availability of Upgrades will be provided through our website, in-program notices, or by e-mail to users of the Software, and shall be subject to other terms and conditions as may be determined by Shotpik in its sole discretion.

Nothing in this Agreement imposes upon Shotpik any express or implied obligation to announce or make available any Updates or Upgrades, and this Agreement does not give you any rights in or to any of the foregoing. You further acknowledge that in order to obtain any of the Updates or Upgrades, your Authorized Device must be connected to the Internet and the e-mail address provided to Shotpik must be kept current.

If you need assistance with any Updates or Upgrades, please contact Shotpik customer service at support@shotpik.com

2. Additional Terms.

The following additional terms apply to the use of the Software:

  1. (a)

The Software may not be compatible with all operating systems or hardware, and the compatible systems may change from time to time. We do not make any warranty or guarantee that a previously compatible system will remain compatible.

  1. (b)

Shotpik will have no liability whatsoever in the event that your personal data, license key(s)/activation code(s) or your Authorized Device or its content is accessed by anyone other than you. If your license key/activation code is stolen, or if you suspect any improper or illegal usage of your license outside of your control you must promptly notify Shotpik of such occurrence. A replacement license will be issued to you and the suspect license will be disabled and/or terminated. Shotpik shall not liable for any damages or costs incurred in connection with the disabled and/or terminated licenses.

  1. (c)

You are solely responsible for creating backup files of all data, photographs and images accessed by or used through the Software. Shotpik is not liable for any damages relating to lost, corrupted or damaged data, photographs or images.

  1. (d)

The Software may automatically download additional third-party software to enable the Software to run on a particular server or device. Any such third-party software is provided purely “AS IS,” and “AS AVAILABLE,” without warranty of any kind other than as may be provided by the owner or distributor of said third-party software. Furthermore, Shotpik does not provide you with any third party licenses that may be required to use or run this Software on your Authorized Device(s). It is solely your responsibility to obtain any other licenses you may need to operate the Software, including operating system licenses. You agree that you will not use the Software in any way that conflicts with or violates the terms of service or other agreements between you and any third party.

  1. (e)

If you purchased a license to use the Software from a third party reseller or distributor, you may be subject to additional terms and conditions imposed by such third party.

  1. (f)

Some features of the Software, Updates and Upgrades may require that your Authorized Device has access to the Internet. You are solely responsible for obtaining such access, paying for it, and complying with any terms of use of your internet service provider.

  1. (g)

You will not use the Software other than as permitted by this Agreement or in a manner inconsistent with its design or Documentation.

  1. (h)

You agree to comply with all laws and regulations when downloading, installing and using the Software, including any laws and regulations specific to your location of download. You must not use the Software in any way to publish or transmit any illegal or objectionable material or links to such material, nor to infringe any rights (including intellectual property rights) of any third party.

  1. (i)

You agree that you will not violate any applicable statute, law or regulation in the course of your use of the Software.

  1. (j)

You must abide by all authentication procedures, including but not limited to license key requirements and procedures.

  1. (k)

You may not interfere with or disrupt the operation of the Software, including restricting or inhibiting any other person from using the Software by means of hacking or defacing. Transmitting to or making available in connection with the Software any denial of service attack, virus, worm, Trojan horse or other malware or harmful code or activity is strictly prohibited. You may not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Further, you may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.