Updated November 2022. In this document "Dotphoton Raw" shall mean "Rawsie" and vice versa. You agree to be bound by these Terms of Service (these "Terms") of
www.dotphoton.com and rawsie.co (the "Sites"), owned and operated by Dotphoton AG ("we" or "us") any time you use or access the Site, our software ("Software") and any of our other products or services located on this Site or through the Software (together with the Site and the Software referred to herein as the "Services"). Your use of the Services is subject to your acceptance and compliance with these Terms. "Use" or "using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation. If you do not agree to these Terms, do not use the Services. Each time you access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.
Your use of the Services is also subject to our Privacy Policy, available on the Site and incorporated into these Terms by reference; in addition, you agree to abide by our rules, policies, and procedures we may publish on the Services from time to time. We reserve the right at any time and without notice to change these Terms. If you have questions regarding these Terms, please contact us.
THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
SOFTWARE AND LICENSES When used in these Terms, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
SOFTWARE "Software" means all of the contents of the downloads, files, disk(s), CD-ROM(s) or other media containing Dotphoton Software with which this Terms is applicable, including but not limited to (A) registration information, i.e. license key which is unique for Your registration name; (B) related explanatory written materials or files ("Documentation"); and (C) Software setup files and code samples (if any); and (D) any upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to You by Us now or in the future (collectively, "Updates").
LICENSE Dotphoton as the licensor grants You as the licensee, a non-exclusive right to use the Software under these Terms. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Dotphoton reserves all rights not expressly granted to You. Dotphoton retains the ownership of the copyright in and to the Software.
One person/entity is entitled to Use not more than 2 (two) licenses for the Software, except otherwise is agreed between such person and Dotphoton in writing. For all cases of Using the Software on the territory of the EU/any of the EU's countries the term of the license constitutes 30 (thirty) years.
In cases, when the Software is acquired on a subscription basis, the duration of the license shall be fixed by the Subscription conditions with the possibility to renew the license at the end of the subscription period.
SUBSCRIPTION (when applicable) If you purchase a subscription to the Software, for which the subscription model is provided (a "Subscription"), you agree to pay the subscription price listed on the purchase page for the subscription period indicated thereon. Your Subscription will renew at the end of the subscription period with the current public price rate unless you cancel the Subscription before the end of the applicable subscription period. Public pricing is available at all times at rawsie.co/pricing. Additionally, when you purchase a Subscription, you authorize us to use the payment information we have on file for you to renew the Subscription as described herein. We may, but are not required to, contact you prior to the end of your Subscription to let you know that your Subscription will auto-renew. In case of a transaction failure when trying to charge you for renewing the Subscription, we may retry to fulfil the transaction repeatedly (but not more than 3 (three) times). If you are directed to our third-party payment processor(s), you may be subject to terms and conditions governing the use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Rawsie under Dotphoton AG reserves the right to change the price of the recurring license at any point in time, with 7 day notice.
In case of termination of the Subscription to the Software before expiration of the Subscription period for some reasons provided by the legislation or these Terms, neither the Subscription price, nor its part shall not be refunded.
REFUNDS POLICY
| Subscription first year (new users) | Subscription after first year | Lifetime license | |
|---|---|---|---|
| User can't use the Product due to platform incompatibility: Windows | Refunds are provided within 14 days from purchasing the license | Refunds are provided within 14 days after latest subscription period started only for the latest subscription period payment | Refunds are provided within 14 days from purchasing the license |
| User can't use the Product due to platform incompatibility: older MacOS versions | Refunds are provided within 14 days from purchasing the license | Refunds are provided at any time after latest subscription period started only for the latest subscription period payment | Refunds are provided within 14 days from purchasing the license |
| User can't use the Product due to file type or camera support revoked by Rawsie | Refunds are provided within 60 days from revoking announced via email communication | Refunds are provided at any time after latest subscription period started only for the latest subscription period payment | Refunds are provided within 60 days from revoking announced via email communication in the amount of 50% of the payment excluding processing fees |
| Reproducible technical issues on a specific machine | Refunds are provided within 14 days in the case when issues are left unresolved within 14 days after a technical report was filed to the development team by the user. | Refunds for the latest subscription period only are provided within 14 days in the case when issues are left unresolved within 14 days after a technical report was filed to the development team by the user. | Refunds are provided within 14 days in the case when issues are left unresolved within 14 days after a technical report was filed to the development team by the user. |
| All other cases | Refunds in all other cases are provided within 14 days after purchase excluding payment processing fees. | Refunds in all other cases are provided within 14 days after current subscription period start excluding payment processing fees. Refunds are not provided after 14 days since payment renewal, if a user fails to cancel the license prior to its expiration day. | Refunds in all other cases are provided within 14 days after purchase excluding payment processing fees. |
If we are unable to collect payment for the renewed Subscription at the end of the subscription period, you will no longer be able to access the fully functional version of the Software or the terms of such access may be decided at Dotphoton's sole discretion. If You wish to reactivate your Subscription after access has been terminated, You will be required to pay only the new Subscription payment for the reactivation without the necessity to pay the past-due Subscription payment.
PERMITTED USES AND RESTRICTIONS USES Subject to Your compliance with these Terms, Dotphoton grants You a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows: