Product licenses and terms of use

Terms of Use

"Skylum" is a trading name used by Shinyfields Limited, a Cyprus limited liability company, and its certain affiliates (collectively, "we" or "Skylum").

These terms of use ("Terms of Use") govern your use of any Skylum website where the Terms of Use are posted ("Website"), any purchase of products through our Website, including, without limitation, Skylum software, applications, services, digital content, third party products ("Products"), and some aspects of your use of the Products.

Please read these Terms of Use carefully and in full, including the below documents incorporated into the Terms of Use by reference, before using the Website or purchasing a Product.

If you access and/or use this Website and/or purchase our Products, you acknowledge, agree and confirm your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all users, visitors, customers and other persons who access or use the Website and/or purchase our Products. If you do not agree to be bound by these Terms of Use, you must discontinue access or use of this Website and refrain from purchasing the Products.

If you access or use the Website as an authorized representative of your company, institution, school, enterprise or other entity, we rely on your agreement to these Terms of Use both personally and on behalf of your company, institution, school, enterprise or other entity. If you are not authorized to accept these Terms of Use for your company, institution, school, enterprise or other entity, you should not submit or provide any information to the Website that may indicate, confirm, whether directly or indirectly, or imply that you are acting on behalf of any such company, institution, school, enterprise or other entity.

The following additional documents are incorporated into these Terms of Use as if fully set forth herein:

• Privacy Policy available at https://skylum.com/legal
• Copyright Policy available at https://skylum.com/copyright-policy
• Other Complaint Policy available at https://skylum.com/other-complaint-policy
• Cancellation and Refunds Policy available at https://skylum.com/cancellation-and-refunds-policy

1. License to the Website

   As long as you are in compliance with the conditions of these Terms of Use and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use and access the Website only on your computing device for a permitted use. No rights not explicitly listed are granted.

2. Eligibility

   You must be over the age of 18 to purchase products or register an account. You must be over the age of 13 to use the Website.

   Regardless of your age, you are not eligible to use the Websites if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.

3. User Accounts

   If you are otherwise eligible, you may register with Skylum and create an account in order to manage software, and to access the videos, instructional programs and other materials which may be made available from time to time on the Website, and to participate in activities managed or operated through the Website. In order to register on the Website, you can fill in a registration form or log in via other authentication methods, such as Facebook or Google. For special programs, contests or specific purposes we may impose separate registration procedures. You are responsible for keeping your account and/or password secure and confidential. Please do not share your username or password with anyone and do not leave your password and account details unsecured. You accept all responsibility for all activity that occurs under your account, username and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or password. We reserve the right to terminate or suspend your account, to refuse service, temporary or permanently restrict or prohibit your access to the Products, remove or edit content on the Website immediately, without prior notice or liability, in our sole discretion, for any reason or no reason. If you wish to terminate your account, please contact us at [email protected] to do so.

4. Purchase of Products

   If you wish to purchase licenses to any Products, information about the Products may be made available on the Website, but you may be directed to complete the transaction on websites of our partners, authorized resellers, distributors or other third party suppliers.

   Purchases of licenses to Products and the use of such Products may be subject to separate terms of sale agreements and end user license agreements, which may be presented to you at the time of sale, prior to installation, or during use of the Products. Such terms are in addition to this Terms of Use and shall control with respect to such Products to the extent of any conflict with these Terms of Use.

   In particular, your use of software Products is subject to the End-User License Agreement available at https://skylum.com/legal-eula, and your purchases through Luminar Marketplace are subject to Luminar Marketplace License Agreement available at https://skylum.com/luminar-marketplace-license-agreement.

5. Product license types

   We may sell different types of licenses to our Products, including:

   • a lifetime license subject to a one-time payment;
   • a subscription license subject to regular automatic payments.

   If you purchase a Product under a lifetime license, you will be billed once and receive full perpetual access to relevant Product as it is as of the date of purchase. We may or may not, at our sole discretion, provide additions and improvements for your version of the Product.

   If you purchase a Product uder a subscription license, you will be able to use the Product only as long as your subscription is active. The subscription will renew and you will be billed automatically at the end of subscription term unless you cancel it before its renewal. Please refer to our Cancellation and Refunds Policy available at https://skylum.com/cancellation-and-refunds-policy for details.

   We reserve the right to change the pricing of our Product licenses as we deem fit and we make no promise of the best price to you. Your subscription will always renew based on the price you agreed for when subscribing to the Product, regardless of the then-actual price for which we sell the same or similar subscription.

6. Third Party Websites

   Our Website and Products may contain links to third party websites, resources, products or services, including, but not limited to, the websites of our resellers or distributors where you may purchase licensed Products. Such links are provided only for reference and convenience. We have no control over such websites, resources, products or services and assume no responsibility for their content or their operation.

   These Terms of Use do not apply to any third-party websites. Please read the terms and conditions of any third-party websites that you visit or are able to access via links on the Website.

   Any link to third party websites that you may find on our Website, other than those of resellers or distributors, does not imply affiliation with Skylum, and we do not endorse any third parties or their websites.

   You acknowledge and agree that Skylum shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content or functionality made available, or purported to be available, on or through any third-party websites, including those of our resellers and distributors.

7. Accuracy of Information

   The Website may contain typographical errors or other inaccuracies, including pricing errors, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

   We reserve the right at any time and from time to time to modify or discontinue the Website or the Products, or any part thereof, temporarily or permanently, with or without notice.

8. Rules of Conduct

   Your use of the Website and the Products is conditioned on your compliance with these Terms of Use, including but not limited to these rules of conduct.

   You agree that you will not violate any applicable law or regulation in connection with your use of the Website and the Products. Without limiting the foregoing, you agree that you will not make available through the Website and the Products any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

   You agree not to distribute, upload, make available or otherwise publish through the Website or the Products any material that:

   1. (a)

      is unlawful or encourages another to engage in anything unlawful;

   2. (b)

      contains a virus or any other harmful or malicious programs or software which may interfere with the operation of our or another’s computer;

   3. (c)

      violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party; or,

   4. (d)

      is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable.

   You must keep your username and password and any other information needed to login to the Website, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.

   You further agree that you will not do any of the following:

   1. (a)

      modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or the Products;

   2. (b)

      interfere with or disrupt the operation of the Website or the Products, including restricting or inhibiting any other person from using the Website by means of hacking or defacing;

   3. (c)

      transmit to or make available in connection with the Website any denial of Website attack, virus, worm, Trojan horse or other harmful code or activity;

   4. (d)

      attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

   5. (e)

      take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

   6. (f)

      harvest or collect the email address or other contact information of other users of the Website or the Products;

   7. (g)

      scrape or collect content from the Website or the Products via automated means;

   8. (h)

      submit, post or make available false, incomplete or misleading information to the Website or the Products, or otherwise provide such information to us;

   9. (i)

      impersonate any other person or business;

   10. (j)

       use any content of the Website or the Products to train any machine learning model or artificial intelligence.

   You are not licensed to access any portion of the Website that is not public, and you may not attempt to override any security measures in place on the Website.

   Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website or the Products shall not be limited to violations of these rules of conduct.

9. Materials Submitted or Made Available to Us

   We may allow you to submit, post, link, store, share and otherwise make available certain information through the Website or the Products, including but not limited to, text, documents, photograph, images, artwork, graphics, video, comments, audio, scripts or other materials ("Materials"). You are responsible for all Materials you make available on or through the Website or the Products, including its legality and reliability.

   You are under no obligation to submit anything to us or to make any Materials available through the Website or the Products. If, however, you choose to submit any Materials to Skylum or to the Website, or otherwise make available any Materials through the Website or the Products, you hereby grant to Skylum a perpetual, irrevocable, unlimited, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate, create derivative works from, monetize and otherwise fully exploit any such Materials in any manner determined by us, including without limitation distributing part or all of the Materials in any media format through any media channels, as well as to commercially use the rights of publicity, persona, image and name of the individuals depicted in such Materials.

   By submitting any Materials to us or through the Website or the or the Products, you hereby agree, warrant and represent that: (a) you are authorized to submit the Materials to us for republication through the Website or the Products, and you have secured any necessary licenses or permissions from rights owners relating to the Materials, including but not limited to copyright licenses or licenses to rights of publicity; (b) the Materials do not contain proprietary or confidential information; (c) the provision of the Materials, and their use by us in connection with the Website and the Products, is not and will not be a violation of any third-party’s rights; (d) all Materials are accurate and true; (e) we are not under any confidentiality obligation relating to the Materials; (f) we shall be entitled to use or disclose the Materials in any way; (g) you are not entitled to compensation in exchange for the Materials, and (h) neither you or anyone else is entitled to attribution relating to the Materials.

   To the fullest extent permitted by the law, you also irrevocably agree: (i) consent to any act or omission that would otherwise infringe your moral rights in the Materials, if any; (ii) waive all or your moral rights in the Materials to the extent existing under applicable law; and (iii) ensure that all other persons who were involved in the development of the Materials or who have a right to the Materials which you submit to us provide the above consents and waivers to the extent that they own moral rights in the Materials to the extent existing under applicable law. If it necessary under the applicable law, or desirable, you agree to give, or procure all other relevant persons to give, a written consent and waiver and/or execute and deliver any other document upon our request that may be submitted to you at any time.

   You acknowledge that we are under no obligation to maintain the Website, or any information, Materials or other matter you submit, post or make available to Skylum or on the Website. We reserve the right to withhold, remove, edit and or discard any such material at any time.

10. Content Shared Through the Website or the Products

    The Website or the Products may make it possible for you to choose to share certain information with the public or other users of the Website or the Products. You understand that by designating information to be shared through the Website or the Products, you may be revealing information that yourself, including your identity and location. You further acknowledge that by sharing Materials on the Website or the Products, you may be enabling third parties to access, view, tag, edit, download or otherwise use or interact with the Materials. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible for, and we shall be released and held harmless by you from, any liability or damages arising out of such conduct.

11. Policies for Children

    If we discover that a child under the age of 13 has provided personally identifiable information to us, we will delete the child’s information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website (www.ftc.gov) for more information.

    Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

12. Intellectual Property

    The graphics, logos, names, designs, page headers, button icons, scripts, and Website and Products names on the Website are our trademarks, trade names and/or trade dress. The "look" and "feel" of the Website and the Products (including color combinations, button shapes, layout, design and all other graphical elements) are protected by copyright and trademark law. All Products names, names of Websites, trademarks and Website marks ("Marks") are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by these Terms of Use.

    You acknowledge that the software used to provide the Website, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. These Terms of Use do not convey title or ownership to you, but instead gives you only the limited rights set forth in these Terms of Use.

13. Disclaimers and Limitation on Liability

    TO THE FULL EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SKYLUM, FOR ITSELF AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, LICENSORS AND SUPPLIERS OF GOODS AND SERVICES (COLLECTIVELY, "RELATED PARTIES") SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

    USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE WEBSITE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR RELATED PARTIES BE LIABLE TO YOU BASED ON OR RELATED TO YOUR USE OR ACCESS OF THE WEBSITE, WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of the Related Parties shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

    This limitation shall not apply to any damage that we cause to you intentionally and knowingly, or that cannot otherwise be disclaimed in these Terms of Use under applicable law.

14. Indemnification

    You agree to defend, indemnify and hold harmless Skylum and its Related Parties, and their respective successors and assigns, from and against any and all allegations, judgments, awards, losses, liabilities, costs, expenses (including reasonable attorneys' fees and expenses), claims, demands, causes of action or damages, resulting from or arising out of or based on (a) Materials you provide, post to or transmit through the Website or the Products, (b) your use of the Website and the Products or that of any person or entity using your account and password, (c) your violation of these Terms of Use, (d) any conduct, activity or action which is unlawful or illegal under any law, statute or regulation, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Website, including without limitation, claims brough by any third party relating to right to privacy, copyright infringement, trademark infringement, other intellectual property infringement, disclosure of confidential information; or (e) any act of fraud or willful misconduct by you or any person or entity using your account and password while using the Website or the Products.

    These indemnification provisions shall survive termination of the Terms of Use.

15. Miscellaneous
    1. Change to These Terms of Use

       We reserve the right to amend, change, modify, and update these Terms of Use at any time, including any documents incorporated into these Terms of Use by reference. We may revise or update these Terms of Use by posting an amended version through the Website or making you aware of the revisions in another way. Please check for updates every time you access and use the Website. Any new version of these Terms of Use will be valid from the date we post it on the Website. Your use of the Website following an update, or another acceptance mechanism, is considered acceptance of the updated Terms of Use. If you do not accept the changes, you must stop using the Website.

    2. Survival

       All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, granting licenses, warranty, disclaimers, indemnity and limitations of liability.

    3. Severability

       If any provision of these Terms of Use is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect or shall be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision.

    4. Complete Agreement

       These Terms of Use, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Website, and supersede all prior or contemporaneous communications, whether electronic, oral or written.

    5. Governing Law

       These Terms of Use shall be governed and construed in accordance with and be subject to the laws of the State of New York, United States. Notwithstanding any translation of these Terms of Use, the English version shall be definitive and binding.

    6. Arbitration or Other Resolution of Disputes

       Any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (if you are a legal entity or a sole proprietor) or Consumer Arbitration Rules (if you are an individual), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the State of New York, New York County, in English.

       To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: [email protected]

       Within fifteen (15) days after the commencement of arbitration, the parties shall either agree on a single arbitrator, or if they cannot so agree, then each party shall select one (1) person to act as arbitrator and the two (2) selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.

       Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the chair of the arbitration panel, which determination shall be conclusive.

       The arbitrators shall not award consequential or punitive damages in any arbitration initiated under this section. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

       TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE WEBSITE CONTRIBUTOR OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER WEBSITE CONTRIBUTOR OR USER.

       The prevailing party in any litigation or arbitration proceeding brought in connection with these Terms of Use shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred in the litigation or arbitration.

       Notwithstanding the above arbitration provision, you agree that in our discretion, we may bring suit in any court having jurisdiction over you, to enjoin infringement or other misuse of our intellectual property or to enforce our proprietary rights. You hereby agree that we would be irreparably damaged if these Terms of Use were not specifically enforced, and therefore you agree that Skylum shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use involving intellectual property or other proprietary rights, in addition to such other remedies as we may otherwise have available to us.

       To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Websites, Products, or to us, may only be brought by you in a state or federal court located in the State of New York County of New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK COUNTY.

    7. Notices

       All notices given by you to us as required under these Terms of Use shall be in writing and addressed to: [email protected]. If we are required to provide notices to you, they shall be in writing, addressed to the e-mail address you provide to us for your account. It is your obligation to keep that address current.

    8. No Waiver

       Our failure to enforce any provision of these Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms of Use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

    9. Assignment

       We may assign our rights under these Terms of Use, in whole or in part, to any person or entity at any time, without your consent. You may not assign these Terms of Use or assign any rights or delegate any obligations under these Terms of Use, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.

    10. No Agency or Partnership

        You agree that no joint venture, partnership, employment, or agency relationship exists with Skylum as a result of the use of this Website or the purchase of Products through this Website or a linked website.

    11. Headings

        The headings used in these Terms of Use are included for convenience only and shall not define, limit, or otherwise affect these Terms of Use.

    12. Privacy Policy

        As a condition for accessing or using the Website, we expect that you read, understand, agree, and comply with our Privacy Policy, which may be updated from time to time.

    13. Contact Us

        If you have any questions about these Terms of Use, please contact us via email [email protected].