Terms of Service

For the purposes of these Terms, the following definitions apply:

• "Software" refers to Convertify, Convertify Pro, or Convertify All-in-One File Converter, a desktop application for file conversion (including images, audio, documents, video, eBooks, and archives) designed exclusively for Windows.
• "User" or "You" refers to any individual or business that accesses or uses the Software.
• "License" means the non-exclusive, non-transferable right granted to the User to use the Software under the conditions set forth herein.
• "Subscription" means the recurring payment model offered to individual users after a 30-day trial period.
• "Third-Party Components" includes third-party tools (such as ffmpeg, Calibre, and others) that are integrated into the Software but are governed by their own respective licenses.

• Trial and Subscription: A 7-day trial is provided free of charge. After the trial period, your subscription will automatically convert to either a monthly or yearly recurring payment plan, as selected during activation.
• Refund Policy: You are entitled to a refund request within 30 days of purchase. Beyond this period, payments are non-refundable.
• Pricing and Adjustments: Pricing, subscription conditions, and payment terms may be updated by us from time to time. You will be notified via an in-program popup detailing any changes. Continued use of the Software constitutes acceptance of the updated terms.

• All rights, title, and interest in and to the Software, including but not limited to its design, code, and user interface, remain our exclusive property.
• You acknowledge that the Software incorporates Third-Party Components. Such components are governed by their own respective licenses, which are provided in the Software folder, and we make no modification or express warranty regarding them.

• As-Is Basis: The Software is provided "as is" and "with all faults." We expressly disclaim any warranties—express, implied, statutory, or otherwise—including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Performance Caveat: While we have tested the Software extensively and continuously work on updates and bug fixes, you acknowledge that bugs, glitches, or conversion errors may occur. Notification of an issue does not obligate us to provide an immediate fix, though we will strive to address major issues as promptly as possible.
• No Warranty for Compatibility: The Software may not be compatible with every computer configuration. You assume all risks associated with its use.

• Complete Liability Exclusion: In no event shall we (an individual developer) be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Software—even if advised of the possibility of such damages.
• Maximum Extent Permitted: Our total liability for any claim shall be limited to the amount paid by you for the license (if any), regardless of the cause or theory of liability.

You agree to indemnify, defend, and hold harmless us (our agents, affiliates, successors, and assigns) from and against all losses, costs, liabilities, and expenses arising from any claim, demand, or action related to:

• Your use or misuse of the Software
• Violation of these Terms
• Unauthorized modifications or tampering with the Software

This indemnification applies regardless of whether such damages were foreseeable.

• Our Software utilizes various third-party libraries and tools (e.g., ffmpeg, Calibre). Each of these components remains governed by its own license. By using the Software, you agree to adhere to all applicable third-party license requirements.
• Any issues arising from these components are solely the responsibility of the respective third-party licensor.

• Support: Email support is provided for troubleshooting and addressing issues. We commit to responding within approximately 24 hours via email through the channels provided on our website or within the Software.
• Updates: We will periodically release updates, including bug fixes and improvements. There is no guaranteed timeline for any particular fix. Continued use of the Software is subject to receiving these updates, which may be mandatory should the Software's terms be updated.

• Data Collection: Upon activating a license, the Software collects your machine ID, IP address, and email address. This information is solely used for license verification, support purposes, and to prevent unauthorized use or fraudulent activity.
• Data Storage: The collected data is stored securely on our private servers and is maintained only for the duration of your active subscription.
• Data Retention and Deletion: Upon subscription termination, your data will be deleted unless retention is required by law or in cases of suspected abuse.
• Cookies and Website Analytics: Our website may use cookies and Google Analytics for advertising and improvement purposes. Any such data collection is governed by our Privacy Policy, which is available via a clickable link or in the popup notification at first use.
• User Consent: Use of the Software constitutes your consent to the aforementioned data collection practices. You may update or delete your personal data by contacting us directly.

• Breach of Terms: Any deliberate or repeated breach of these Terms—such as unauthorized modifications, reverse-engineering, or other violations—will result in immediate termination of your license.
• Consequences: In cases of deliberate or repeated unauthorized use, we reserve the right to impose financial penalties, seek injunctive relief (i.e., a court order to cease such activity), and pursue any legal remedies available under applicable law.
• Termination for Convenience: We reserve the right to update these Terms, and, in the event of significant changes, a popup notification will require your acceptance before further use. Failure to accept updated Terms will result in termination of your license.
• Automatic Termination: Your license may be automatically terminated if any breach of these Terms is detected. In such an event, you must immediately cease use of the Software and destroy or return all copies.

• Arbitration: All disputes, controversies, or claims arising out of or relating to these Terms or the use of the Software shall be resolved exclusively by binding arbitration. By agreeing to these Terms, you waive any right to a trial by jury or to participate in a class action lawsuit.
• Waiver of Class Actions: You agree that any arbitration will be conducted solely on an individual basis, and that you will not seek to have your claims consolidated with those of others.
• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.
• Jurisdiction: Any legal action must be brought in the appropriate courts located in California, unless otherwise required by applicable mandatory arbitration rules.

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, or governmental regulations. In the event such circumstances arise, we will use commercially reasonable efforts to resume performance as soon as possible.

• Right to Amend: We reserve the right to modify these Terms at any time in our sole discretion. Updated Terms will be communicated via a popup notification within the Software, and continued use constitutes acceptance of those changes.
• Periodic Review: Users are encouraged to review these Terms periodically to remain informed of all updates. Your continued use of the Software indicates your acceptance of the revised Terms.

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Entire Agreement: These Terms, together with any documents incorporated herein by reference, constitute the entire agreement between you and us with respect to the Software.
• No Waiver: Failure to enforce any provision of these Terms shall not be deemed a waiver of our right to subsequently enforce any provision.

By using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.