Terms of Service

Effective Date: [October 26, 2023]

1. Agreement to Terms

By purchasing, downloading, installing, activating, or using Snowball Annotation (referred to as "the Software"), you (the "Licensee" or "You") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not purchase, download, install, activate, or use the Software.

These Terms constitute a legally binding agreement between You and [Kori Mead] (the "Licensor"), the sole proprietor of Snowball Annotation.

2. License Grant

Subject to your compliance with these Terms and payment of the applicable license fee, the Licensor grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to install and use the Software according to the terms of the specific license tier purchased (e.g., Basic, Pro, Enterprise/Commercial) solely for your own internal personal or business purposes.

• License Scope: Each license typically permits use by a single user on a limited number of devices (e.g., two devices) simultaneously, unless otherwise specified in the purchased license tier description.
• License Tiers (Example): The specific features available (e.g., adaptive training, auto-labeling, commercial use rights, version upgrades) depend on the license tier purchased at the time of sale, as described on the pricing page or purchase documentation.

3. Usage Restrictions

You agree that you will not, and will not permit others to:

• Resell, rent, lease, lend, sublicense, distribute, or otherwise transfer rights to the Software to any third party.
• Reverse engineer, decompile, disassemble, modify, translate, or attempt to derive the source code of the Software or its licensing mechanisms.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Software.
• Use the Software for any illegal, unauthorized, or malicious purpose, or in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party's use.
• Circumvent or bypass any license validation or activation measures implemented in the Software.
• Use features designated for a higher license tier if you have purchased a lower tier license.

4. Fees and Payment

License fees are specified on the pricing page or at the point of purchase. All fees are due upfront and are processed through our designated payment provider (e.g., Paddle). All payments are non-refundable except as explicitly stated in our Refund Policy.

5. Updates and Upgrades

The Licensor may, from time to time, release updates (minor improvements, bug fixes - e.g., v1.1, v1.2) or upgrades (major new versions with significant changes - e.g., v2.0, v3.0) to the Software.

• Updates (within major version): Access to updates within the same major version number (e.g., all 1.x versions if you purchased a 1.x license) is generally included with your license, subject to the terms of your specific license tier.
• Upgrades (new major version): Access to major version upgrades (e.g., upgrading from v1.x to v2.x) may require the purchase of a new license or an upgrade fee, unless explicitly included in your purchased license tier (e.g., some commercial licenses might include specific future upgrades). The Licensor reserves the right to determine pricing and availability of upgrades.

6. Intellectual Property

The Software, including its code, design, structure, user interface, documentation, and all associated intellectual property rights, is and remains the exclusive property of the Licensor. These Terms grant you only a limited license to use the Software and do not transfer any ownership rights.

7. Privacy and Data

The Software is designed to operate locally on your device. It does not collect or transmit your personal data, images, or annotation data. License validation is handled via our payment/license provider. Please review our Privacy Policy for details on data handling related to purchases and license validation.

8. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SOFTWARE; OR (c) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LICENSOR'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSE.

10. Support

Support is provided via email as described on the website or in purchase documentation. The Licensor will make reasonable efforts to provide support but does not guarantee response times or resolution for all issues.

11. Termination

This license agreement is effective until terminated. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country, e.g., California, USA], without regard to its conflict of law principles.

13. Changes to Terms

The Licensor reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Software after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Information

If you have any questions about these Terms, please contact us at support@snowballannotation.com

This software is sold by [Kori Mead], sole proprietor of Snowball Annotation.