Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Edit Bay Tools LLC, a Florida limited liability company (“Edit Bay Tools”, “we”, “us”). They cover our websites, our accounts system, and the software we publish, including Edit Bay Studio (together, the “Service”).

By creating an account, installing the software, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who may use the Service

You must be at least 18 years old and able to enter a binding contract. If you are using the Service for an employer or client, you confirm you are authorised to accept these Terms on their behalf, and “you” means both you and that organisation.

You may not use the Service if we have previously terminated your account, or if you are barred from receiving US software under applicable export or sanctions law.

2. Your account

Creating an account is free. You must give us a real email address and keep it current. We send a one-time code to that address to confirm it. A mobile number is optional; if you give one we use it only so support can reach you, never for marketing, and we do not confirm it.

You are responsible for everything that happens under your account, and for keeping your password to yourself. Tell us at Support@editbaytools.com straight away if you think somebody else has access.

One account is for one person. Sharing credentials so that several people can use one paid plan is a breach of these Terms.

3. Trials

New customers may be offered a free trial, currently 14 days. A trial is limited to one per person. We treat the payment method used at checkout as identifying a person: if a card has already been used for a trial, we may start the subscription without a further free period, so it is billed immediately rather than being refused.

A trial converts into a paid subscription automatically at the end of the trial period unless you cancel first. We tell you the date and the amount when the trial starts, by email, and you can see both at any time on your account page. Cancelling during the trial costs nothing.

4. Subscriptions, renewal and cancellation

Plans are sold on a recurring basis, monthly or annually, at the price shown at the time you subscribe. Your subscription renews automatically for further periods of the same length, and your payment method is charged each time, until you cancel.

You may cancel at any time from your account page. Cancellation takes effect at the end of the period you have already paid for; you keep access until then and are not charged again. We do not pro-rate a partly used period except as described in our Refund Policy.

We may change prices. A change never affects a period you have already paid for, and we will give you at least 30 days' notice by email before it applies to a renewal. If you do not want the new price, cancel before the renewal date.

Taxes are your responsibility where they apply, and may be added at checkout.

5. What your plan lets you do

Subject to these Terms and to payment, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the software for its intended purpose.

• Installs are unlimited. Put it on as many of your own machines as you like.
• Active sessions are limited by your plan — one at a time on the standard plans, four on the multi-seat plans. Signing in beyond the limit signs out the oldest session.
• The licence is for you. You may not resell, sublicense, rent, or provide the software as a service to others.

The software checks with our servers for an active plan when it starts, after you sign in, and once a day shortly after midnight Eastern Time. If it cannot reach us, it keeps working for a short grace period so that a network problem on your end does not stop your work.

6. Acceptable use — this one matters

You agree that you will only use the Service with material that you own, that you have been given permission to use, that is licensed to you, or that you are otherwise legally entitled to copy — and that your use complies with the terms of any website or service the material came from.

You must not use the Service to:

• copy, save or redistribute anyone else's copyrighted work without permission;
• defeat, bypass or circumvent digital rights management, paywalls, access controls, geographic restrictions, or any other technical protection measure;
• break the terms of service of any third-party website or platform;
• process material that is unlawful, or that depicts the sexual abuse of children;
• attempt to interfere with, overload, reverse engineer, decompile or gain unauthorised access to the Service or our servers, except to the extent that right cannot lawfully be restricted;
• resell access, share your credentials, or run the software on behalf of third parties as a service.

We do not monitor what you process — we cannot see it, because it never leaves your computer. That is a privacy feature, not an invitation. If we receive a credible report that you are using the Service unlawfully, we may suspend or terminate your account.

You agree to indemnify and hold harmless Edit Bay Tools LLC and its members, officers and contractors from any claim, damages, loss or expense (including reasonable legal fees) arising from material you processed with the Service or from your breach of this section.

7. Copyright complaints

If you believe material has been copied in a way that infringes your copyright and that our Service was used to do it, write to admin@editbaytools.com with: your contact details; identification of the work; identification of the material complained of; a statement that you believe in good faith that the use is not authorised; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for the owner; and your signature.

Because our software runs on your computer and we host no user files, in most cases the correct recipient of a notice will be the platform actually hosting the material. We will terminate the accounts of repeat infringers.

8. Third-party components and services

The software includes open-source components, each under its own licence, which are listed inside the application. Those licences govern those components, and nothing in these Terms limits any right you have under them.

The Service depends on third parties, including our payment processor and our infrastructure providers. We are not responsible for their acts or omissions, and their availability is outside our control.

9. Availability and changes

We aim to keep the Service available but we do not promise uninterrupted service. We may add, change or remove features. If we make a change that materially reduces what your paid plan does, you may cancel and ask for a pro-rated refund of the unused part of your current period.

We may release updates, and some updates are required for the software to keep working with the sites and formats it supports.

10. Suspension and termination

You may stop using the Service at any time and delete your account by emailing admin@editbaytools.com.

We may suspend or terminate your account if you breach these Terms, if payment fails, if we are required to by law, or if we reasonably believe your use exposes us or others to legal risk. Where it is practical and lawful to do so, we will tell you why and give you a chance to put it right.

If we terminate your account for something other than a breach by you, we will refund the unused part of your current period.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be error-free, that it will work with any particular website or file, or that it will meet your requirements. You are responsible for keeping your own backups of your work.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDIT BAY TOOLS LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Nothing in these Terms excludes liability for fraud, or for anything else that cannot lawfully be excluded.

13. Disputes, arbitration and class action waiver

Talk to us first

Before starting any formal proceeding, email admin@editbaytools.com describing the problem and what you want. We will try in good faith to resolve it within 60 days. Most things end here.

Arbitration

If we cannot resolve it, you and we agree that any dispute arising out of or relating to these Terms or the Service will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Palm Beach County, Florida, or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions

Either of us may bring an individual claim in small claims court, and either of us may seek an injunction in court to protect intellectual property rights.

No class actions

Claims must be brought individually. You and we each waive the right to participate in a class, collective, consolidated or representative action. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies.

Opting out

You may opt out of this arbitration section by emailing admin@editbaytools.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms, and we will not treat you differently for it.

14. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Where a matter is not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida.

15. Changes to these Terms

We may update these Terms. If a change is material we will email you and show a notice in the Service at least 14 days before it takes effect. Continuing to use the Service after that means you accept the new version. Each version carries a version number and date at the top of this page, and we record which version you accepted when you signed up.

16. General

These Terms, together with the Privacy Policy, Refund Policy and Software Licence, are the entire agreement between us about the Service. If any part is found unenforceable, the rest stays in force. Our not enforcing a right is not a waiver of it. You may not transfer these Terms; we may transfer them to a successor to our business.

17. How to reach us

Support: Support@editbaytools.com
Legal and account matters: admin@editbaytools.com