Convertify - End User License Agreement

END USER LICENSE AGREEMENT (EULA)

for Convertify All-in-One File Converter

Effective Date: March 19, 2025

IMPORTANT – READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you ("Licensee" or "User") and Convertify ("Licensor"), governing the use of the Convertify All-in-One File Converter software ("Software"). By installing, accessing, or using the Software, you agree to be bound by the terms and conditions of this EULA. If you do not agree with these terms, do not install or use the Software.

1. DEFINITIONS

a.

Software: Refers to Convertify, Convertify Pro, or Convertify All-in-One File Converter, including all updates, enhancements, bug fixes, and modifications provided by the Licensor.

b.

Licensor: The individual or entity that owns and maintains the Software, operating under the jurisdiction of California, United States.

c.

Licensee: Any person or entity that obtains and uses the Software under this EULA.

d.

Third-Party Components: Software libraries or tools (such as ffmpeg, calibre, and similar free-for-commercial use programs) that are integrated with or used by the Software. Their licensing terms are provided in the accompanying program folder.

e.

Subscription: A recurring payment model with a 7-day free trial period followed by either monthly or yearly billing, subject to a 30-day refund policy for new subscribers.

2. GRANT OF LICENSE

a.

Subject to your full compliance with this EULA, Licensor hereby grants you a non-exclusive, non-transferable, limited license to install and use the Software on a computer running Microsoft Windows.

b.

For individual users, this license is provided on a subscription basis, initially allowing activation on up to three machines. Should you require additional machine uses, Licensor may offer a reset or custom arrangements upon request.

c.

In the case of business or enterprise usage, separate custom licensing negotiations will apply.

3. LICENSE RESTRICTIONS

a.

No Modification or Reverse Engineering: You are expressly prohibited from modifying, decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code of the Software.

b.

Redistribution: Redistribution is permitted in the form of download sites or hosting services provided that the Software itself is not modified or misrepresented.

c.

Compliance: Any deliberate, repeated, or intentional breach of these terms—including unauthorized reverse engineering or redistribution of proprietary code—may result in immediate termination, financial penalties, injunctive relief, and/or legal action.

4. PAYMENT TERMS AND SUBSCRIPTION

a.

Trial and Subscription: The Software is provided with a 7-day free trial option. Post-trial, users will be automatically subscribed on either a monthly or yearly basis as selected.

b.

Refund Policy: There is a 30-day refund policy available for subscribers.

c.

Usage Limits: Although there is no limit on the number of installations, the active subscription permits usage on up to three machines, with additional usage managed via support requests.

5. INTELLECTUAL PROPERTY RIGHTS

a.

Licensor retains all rights, title, and interest in the Software and all associated intellectual property.

b.

Your use of Third-Party Components is subject to their respective licenses, which have been included in the Software distribution.

c.

No title or ownership rights are transferred to you under this EULA.

6. WARRANTY DISCLAIMER AND "AS IS" PROVISION

a.

AS IS Basis: The Software is provided "as is" without any warranties, express or implied. Licensor disclaims all warranties including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

b.

Bug Fixes and Updates: While Licensor will make reasonable efforts to provide bug fixes and updates, there is no guarantee of immediate or uninterrupted corrections. You acknowledge that unforeseen bugs or glitches may occur.

c.

No Guarantee of Performance: The Software may not function perfectly on every computer configuration, and Licensor shall not be liable for any failures or malfunctions.

7. LIMITATION OF LIABILITY

a.

Under no circumstances shall the Licensor be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use the Software.

b.

This includes, but is not limited to, damages related to loss of data, loss of profits, or other economic damages—even if advised of the possibility of such damages.

c.

Liability is strictly limited to the maximum extent permitted by applicable law.

8. INDEMNIFICATION

a.

You agree to indemnify, defend, and hold harmless the Licensor from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with (i) your use or misuse of the Software, (ii) any violation of this EULA, or (iii) your violation of any rights of a third party.

9. SUPPORT AND MAINTENANCE

a.

Ongoing Support: Email support is available through the website or directly via the Software's support functionality, with responses generally provided within 24 hours.

b.

Updates: All updates and bug fixes will be provided free of charge as they become available. Licensor makes best efforts to expedite fixes, though the timing will vary depending on the nature and volume of issues.

10. DATA COLLECTION, USAGE, AND PRIVACY

a.

Data Collected: When you activate a license, the Software will collect your computer's IP address, machine ID, and your email address. No data will be collected if you do not activate a license.

b.

Purpose: This data is collected solely for supporting customer service, preventing unauthorized use, and combating scams.

c.

Data Retention: Collected data will be retained for as long as your subscription is active. Should you cancel your subscription, all related personal data will be deleted unless otherwise required for security or legal reasons.

d.

Third-Party Use: Aside from essential services (e.g., payment processing via Stripe, website analytics via Google Analytics, and advertising), your data will not be disclosed to or shared with any third parties without your consent except as required by law.

e.

User Rights: You may request access, updates, or deletion of your personal data by contacting Licensor. Continued use of the Software signifies acceptance of these data policies.

11. TERMINATION OF LICENSE

a.

This EULA is effective until terminated. Your rights under this EULA will automatically terminate without notice if you fail to comply with any term or condition herein.

b.

Upon termination, you must immediately cease all use of the Software and destroy any copies in your possession or control.

c.

Licensor reserves the right to modify or upgrade the terms of this Agreement at any time. Future versions will be presented in a pop-up window and must be accepted before continued use.

12. FORCE MAJEURE

Licensor shall not be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, natural disasters, or other events deemed as force majeure.

13. GOVERNING LAW AND DISPUTE RESOLUTION

a.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States.

b.

Arbitration: All disputes, controversies, or claims arising under or in connection with this Agreement shall be finally resolved by binding arbitration in California.

c.

Waiver of Class Actions: Licensee agrees to waive the right to participate in any class action lawsuits or any other representative or consolidated proceedings.

d.

Severability: If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the remainder shall remain in full force and effect.

14. AMENDMENTS AND UPDATES TO THE AGREEMENT

a.

Licensor reserves the right to update or modify this Agreement at any time.

b.

Continued use of the Software following notification of changes (via an in-program pop-up or similar mechanism) shall constitute your acceptance of such changes.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between you and Licensor regarding the use of the Software and supersedes all prior or contemporaneous oral or written communications, proposals, or representations.

16. CONTACT INFORMATION

For questions regarding this Agreement, technical support, or to exercise your rights regarding your personal data, please contact:

ACKNOWLEDGMENT: By installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms above. If you do not agree with any of these terms, you must discontinue use immediately.

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