Terms of Use

Interpretation and Definitions

Interpretation

Words whose initial letters are capitalized have meanings defined below. These definitions apply whether the terms appear in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as "the Company," "We," "Us," or "Our") refers to Tracktion Software Corporation.
• Country refers to Washington, United States.
• Device means any device capable of accessing the Service, such as a computer, mobile phone, or digital tablet.
• Service refers to the Website and any software products or digital downloads made available through it.
• Terms and Conditions (also "Terms") means this document and any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company.
• Third-Party Social Media Service means any services or content provided by a third party that is displayed, included, or linked to through the Service.
• Website refers to Tracktion, accessible at https://www.tracktion.com.
• You means the individual accessing or using the Service, or the company or other legal entity on whose behalf that individual is acting.

Acknowledgment

These Terms govern Your use of the Service and set out the rights and obligations of all users. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are at least 13 years of age. The Company does not permit individuals under 13 to use the Service. If You are between the ages of 13 and 17, You represent that Your parent or legal guardian has reviewed and agreed to these Terms on Your behalf, and that You have their permission to use the Service. If You are a parent or legal guardian and You become aware that Your child has provided Us with personal information without Your consent, please contact Us at [email protected] so that We may take appropriate action.

Your use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read it carefully before using the Service.

Payment Methods

Tracktion Software Corporation accepts MasterCard, Visa, and American Express credit and debit cards, as well as payments via PayPal. We do not accept cash, money orders, or checks. By placing an order, You agree to pay all applicable fees, charges, and taxes associated with Your purchase. All prices are listed as unit prices unless otherwise indicated.

Currency

All transactions are processed in US Dollars (USD). The Website may display prices in other currencies for reference purposes only. Prices shown in currencies other than USD are approximations; actual exchange rates applied by your bank or payment processor at the time of purchase may differ.

Orders and Accounts

Access to certain areas of the Website — including purchase history, software licenses, and downloads — requires a user account. You must ensure that your account credentials (user ID and password) are kept confidential. You accept full responsibility for all activities that occur under your account.

We reserve the right to refuse, cancel, or limit any order at Our sole discretion, including orders placed by resellers, distributors, wholesalers, or other businesses intending to resell our products. The Service is intended for end customers only.

We may disable your account or password at Our sole discretion, or if You breach any term of this agreement or any other contractual obligation You owe to Us.

Software Downloads and Licenses

Upon purchasing a software product, You will be granted a non-exclusive, non-transferable license to download and use that product in accordance with its applicable End User License Agreement (EULA). Your license is personal to You and may not be sublicensed, sold, or transferred without Our express written consent.

Tracktion Software Corporation may, at any time and without notice, lose the right to distribute or sell selected products. If this occurs, those products may be removed from the catalog and may no longer be available for download from your account. We will endeavor to provide reasonable advance notice where possible, but cannot guarantee continued availability of any product.

We may offer free products or trial downloads at Our discretion. Such offers may be discontinued at any time and without notice.

Transaction Verification

We reserve the right to review and challenge any transaction that appears potentially fraudulent or irregular. In such cases, We may contact You individually to verify your identity. Failure to complete identity verification within 30 days of the challenge may result in cancellation of the order.

Intellectual Property

Unless otherwise stated, the Company and its licensors own all intellectual property rights in the Website and its content. All such rights are reserved. You may view, download (where expressly permitted for demo or trial purposes), and print pages from the Website, subject to the following restrictions:

• You must not republish, reproduce, or store material from this Website in any public or private electronic retrieval system, including on another website.
• You must not duplicate, copy, sell, resell, or otherwise exploit any part of the Website or its content for commercial purposes without Our express written consent.
• You must not edit or otherwise modify any material on the Website.

Descriptions of or references to third-party products on this Website do not imply endorsement of those products.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We strongly encourage You to read the terms and privacy policies of any third-party websites You visit.

YouTube and Google Services

Our software uses YouTube API Services to deliver video content. By using our software, You agree to the YouTube Terms of Service and the Google Privacy Policy.

Third-Party Social Media Services

The Service may display, include, or link to content from Third-Party Social Media Services. The Company does not endorse or assume responsibility for any such services. Your use of them is governed solely by their own terms and privacy policies.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason, including if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the fullest extent permitted by applicable law, the Company's total liability to You for any claims arising under these Terms shall not exceed the amount You actually paid to the Company through the Service, or USD $100 if You have made no purchases.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to You in full. In those jurisdictions, liability will be limited to the greatest extent permitted by law.

Nothing in these Terms excludes or limits Our liability for fraud, death or personal injury caused by Our negligence, or any other liability that cannot be excluded or limited under applicable law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties — express, implied, statutory, or otherwise — including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company makes no warranty that the Service will be uninterrupted, error-free, or free of viruses or other harmful components, or that any errors will be corrected. Information on the Website may contain inaccuracies, omissions, or outdated content; We make no representations as to its completeness, accuracy, or reliability.

Any material downloaded through the Service is done at Your own discretion and risk. You are solely responsible for any damage to your device or loss of data resulting from such downloads.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, excluding its conflict-of-law rules. Any disputes arising from these Terms or Your use of the Service shall be subject to the exclusive jurisdiction of the courts of Washington.

If You are a European Union consumer, You will also benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Disputes Resolution

If You have a concern or dispute about the Service, You agree to first attempt to resolve it informally by contacting the Company. If the dispute cannot be resolved informally, it shall be subject to the jurisdiction described under Governing Law above.

Severability and Waiver

Severability

If any provision of these Terms is found to be unenforceable or invalid, it will be modified to the minimum extent necessary to make it enforceable. The remaining provisions will continue in full force and effect.

Waiver

Failure to exercise a right or require performance of an obligation under these Terms does not constitute a waiver of that right or obligation. A waiver of any breach does not constitute a waiver of any subsequent breach.

Translation

If these Terms have been translated into other languages, the original English text shall prevail in the event of any conflict or dispute.

Changes to These Terms

We reserve the right to modify or replace these Terms at any time at Our sole discretion. For material changes, We will make reasonable efforts to provide at least 30 days' notice before new terms take effect. What constitutes a material change is determined at Our sole discretion.

By continuing to access or use the Service after revisions become effective, You agree to be bound by the updated Terms. If You do not agree to the revised Terms, please stop using the Service.

We also recommend checking this page regularly to ensure You are familiar with the current version.

Contact Us

If you have any questions about these Terms and Conditions, you can reach us by email at [email protected].