Terms of Service
Last updated: January 22, 2022
These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with the photinia.app website (the “Site”, “Website”) and the Photinia plugin (the “Plugin”, “Product”) operated by Anna Schneider (“us”, “we”, or “our”).
Please read these Terms of Service carefully before using our website and the Photinia plugin. It provides a license to use the Photinia plugin and contains warranty information and liability disclaimers.
Your access to and use of the Plugin is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Plugin or photinia.app.
If you download a free trial of the Photinia plugin, this agreement will also govern that trial. By installing and/or using the Photinia plugin, you are confirming your acceptance of these Terms and agreeing to become bound by the terms of this agreement.
By accessing or using the Plugin you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Plugin.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this agreement, do not install or use the Software, and you must not accept this agreement.
This agreement shall apply only to the Software supplied by Photinia herewith regardless of whether other software is referred to or described herein. The terms also apply to any Photinia updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Purchases / Subscriptions
If you wish to purchase or subscribe to any product or licence made available through the website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all purchase-related customer service inquiries and handles returns.
Product Licensing and Copyright
Photinia’s image editor library add-on pintura.js has a non-open source commercial license and the licensing terms outlined in the Terms of service – Addendum apply.
Unless we say otherwise for a particular Product or part of the Site, new copyright in our Products and in other material on the Site is owned by us or our licensors. When you purchase one of our Products, you are purchasing the right to access and download the Product together with the right to access support, and any updates we may release, for what ever period your license key remains valid. You are not obtaining ownership of the intellectual property rights in the Product.
All intellectual property rights in other material on our site are reserved. You can download, save and print descriptive and instructional material to enable you or your clients to fully understand and use the Products that you or they have purchased, as long as you attribute Photinia as the source of the material. You are not permitted to sublicense, sell or republish it in any way.
Licenses to the Photinia plugin are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Photinia cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Photinia customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Photinia with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Photinia to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Photinia will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
When you cancel your subscription, you will continue to have full access to the Photinia plugin until the end of your current billing period.
Licenses to the Photinia plugin sold are perpetual (unless terminated by us or due to breach of this agreement). Annual licences include 12 (twelve) months of free updates. After this update period has expired, you are no longer entitled to free updates to the Photinia plugin. If you wish to receive updates after this period, you will need to purchase a regular license.
For lifetime licenses, your right of access to updates lasts for the duration of the Product. Your right of access to support lasts for 48 months from the date you purchase the Product. If you wish to obtain support after this time you can purchase a 12-month support package.
In case we provide you with a special discount code for your purchase (e.g. to offer you an academic discount), you are only allowed to use this discount code once and within 14 days of receiving the discount code. Afterwards, you are no longer allowed to use the discount code and we reserve the right to cancel and disable license purchases made with that code. We reserve the right to terminate discounts at any time.
“Crossgrades” from one tier of the application to a different one are available through the subscription management page and/or an “upgrade to a higher tier” button inside the app. We do not guarantee the availability of any particular cross-grade option at any time.
You agree that you will not:
use our Products or services for any purpose or in connection with any activity that is unlawful in your country or, where relevant, state; or
post or transmit to or from the Site or any associated support forum any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
Abuse of any kind of any of our customers or staff members may, at our discretion, result in immediate account termination (meaning you will no longer be entitled to support or updates), without refund of any fees already paid.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Plugin. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Plugin and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
After we have successfully processed your payment, you will receive an email with the download link and support license key. This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us.
Contests, Sweepstakes and Promotions
Photinia may, at its sole discretion, offer a free trial to the Plugin for a limited period of time (“Free Trial”). This trial is for informational purposes only and does not entitle you to any continuation of the service after the trial. If you do not purchase a license to the Photinia plugin after the trial, your access to files, downloads and support terminates.
At any time and without notice, Photinia reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
To request support for paid products you will need to login to our website and contact us using the email address used during checkout. You can contact us via our Contact page.
Support and licence personal to you
Your license key, your support login and your right to support are personal to you. You are not permitted to share any of them with, or transfer any of them to, anyone else without our prior written approval (which we may refuse at our discretion) and you are not permitted to republish support answers on any other website or medium. If we believe the security of your license key or login has been compromised, we may suspend your rights of access while we investigate. If you believe your login has been compromised, please let us know as soon as possible.
We reserve the right to modify the prices of all products without prior notice or consent. For Products that include a subscription, active subscription holders receive grandfathered pricing and won’t be affected by a price change. If you cancel your subscription and your license expires you’ll lose your grandfathered pricing.
For non-subscription licenses, Photinia, in its sole discretion and at any time, may modify the purchase fees for the product. Any fee change will become effective the next time you purchase an update to the application.
We offer a 14-day no-questions-asked refund policy, provided the refund is requested by the original purchaser (the email used during checkout). Refund requests may take up to 30 days to process.
No refunds will be given after 14 days from the original purchase. No refunds will be provided for renewals.
By purchasing Product(s) from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgement or legal actions.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Plugin and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We may on occasion send you email notifications related to your Purchase(s). These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase. By purchasing from Photinia you agree to receive these transactional emails.
If you opted-in during checkout, we may send emails to you in relation to matters relevant to this Site or our Products or services. You’ll be able to unsubscribe from these emails at any time.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Photinia.
Photinia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Photinia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and/or your license immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or re-sell your license.
Upon termination, your right to use the Plugin will immediately cease. If you wish to terminate your account, you may simply discontinue using the Plugin.
Limitation Of Liability
In no event shall Photinia, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Plugin; (ii) any conduct or content of any third party on the Plugin; (iii) any content obtained from the Plugin; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Plugin is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Photinia its subsidiaries, affiliates, and its licensors do not warrant that a) the Plugin will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Plugin is free of viruses or other harmful components; or d) the results of using the Plugin will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Berlin, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Plugin.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Plugin.
If you have any questions about these Terms, please contact us.