Terms & Conditions

These terms and conditions (the "Agreement") form a contract between you ("Buyer", "you") and ClientPik, a sole proprietorship ("ClientPik", "we", "us", "our"), and govern your subscription to and use of the Clientpik plugin for Adobe Lightroom Classic and its companion client-selection web gallery (together, the "Product"). Clientpik is offered as a single Product on a subscription basis.

Payments for the Product are processed by our authorised reseller of record, Paddle. When you complete a purchase, you enter a transaction with Paddle for the Product, and the Product is made available to you by Clientpik under this Agreement. Paddle's own Checkout Buyer Terms and Privacy Notice apply to the payment portion of your transaction.

Please read this Agreement carefully. By completing a transaction or using the Product, you agree to the terms and conditions below.

Definitions

Charges refers to any charges payable for the Product, including applicable taxes. A Business is defined as a Buyer using the Product in connection with a trade, business, craft, or profession, whereas a Consumer is a Buyer using the Product wholly or mainly for domestic or personal use. The term Intellectual Property Rights encompasses patents, copyright (including in software and source code), database rights, trademarks, service marks, trade names, logos, designs, domain names, as well as rights in confidential information, trade secrets, and know-how.

The Product means the Clientpik plugin for Adobe Lightroom Classic, the associated web application and client-selection galleries, licence keys, activation codes, upgrades, and support services made available by Clientpik following purchase. A Subscription is a contract for ongoing access to the Product in return for recurring Charges, including any free trial that converts to a paid Subscription. A Transaction is a Subscription sign-up, renewal, or other relevant order relating to the Product, whether in return for Charges or free of charge.

1. Acceptable use

You agree to use the Product in accordance with applicable law, and not to copy, reproduce, modify, create derivative works from, distribute, sell, lease, sublicense, reverse engineer, decompile, or otherwise exploit the Product, and not to use the Product in a way that infringes any third-party rights (including Intellectual Property Rights, privacy or publicity rights). You are responsible for backing up your own systems, your Lightroom Classic catalog, and any host application into which the Clientpik plugin is installed.

2. Payment and payment model

Clientpik is sold exclusively as a Subscription. When you complete a paid Transaction, Paddle will charge the payment method you provide for the Charges. We (or Paddle on our behalf) will send you confirmation by email once payment is confirmed. You are responsible for ensuring the details you provide are accurate and that emails from Clientpik or Paddle are not blocked by spam filters.

Clientpik may change its payment model, including altering pricing, introducing new plans, retiring plans, changing billing cadence, or otherwise restructuring how the Product is sold, for any and all reasons, without specificity, at any time and at Clientpik's sole discretion.

Where a change affects an existing Subscription, we will apply it at the start of your next billing period and, where required by law in your territory of purchase, will notify you in advance and seek your consent. If you do not accept the change, you or Clientpik may cancel your Subscription with effect from the end of your current billing period.

3. Subscriptions

When you purchase a Subscription, you authorise us (via Paddle) to charge your payment method for recurring Charges on an ongoing basis. Subscriptions renew automatically for further periods equal to your initial Subscription term until you cancel. Certain Subscriptions offer a free trial period; to avoid being charged you must cancel before the trial ends. If a payment fails, we may make further attempts to take payment, and if we cannot charge your payment method we may cancel your Subscription and notify you by email. You remain responsible for any uncollected amounts due. If your Subscription lapses or is cancelled, your access to the Clientpik plugin and companion web gallery may be suspended or terminated.

4. Chargebacks

Please contact us at support@clientpik.com before disputing a Charge or raising a chargeback with your bank or card issuer, since this usually resolves issues faster. If you raise a chargeback that we reasonably believe constitutes fraud or abuse of payment protection mechanisms (including claiming non-delivery of a Product you have received or are using), we may suspend or block your access to the Product while we investigate, and defend the chargeback with evidence of delivery and use.

5. Termination and suspension

We may terminate this Agreement or modify, suspend or discontinue your access to the Product (in whole or in part) if you materially or repeatedly breach these terms, if we have reasonable grounds to suspect fraud or unlawful activity, or if we are unable to continue making the Product available for technical, legal or commercial reasons. Where appropriate or required by law we will give you prior written notice and, where the breach is capable of remedy, a reasonable opportunity to remedy it. Termination does not affect rights, obligations or liabilities accrued up to the date of termination.

6. Cancellations, withdrawals and refunds

You can cancel your Subscription at any time with effect from the end of your current billing period through the Paddle buyer portal linked in your confirmation email, or by contacting us. For refund and statutory withdrawal rights, see our Refund Policy and Country-Specific Terms below.

7. Tax refunds

Businesses charged sales tax (VAT, GST or similar) may, if registered for that tax in the country of purchase, be entitled to a refund of the tax if permitted by applicable law. You must contact us within 60 days of the Transaction with a valid tax code or exempt certificate to be eligible.

8. Intellectual property

The Product and all related materials are owned or licensed by Clientpik and are protected by applicable laws. Clientpik grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the Product in accordance with this Agreement and any Product-specific documentation, for the duration of an active Subscription. No other rights are granted.

9. Confidentiality

You must keep any non-public information disclosed to you in connection with your Transaction or use of the Product confidential, and use it only as necessary for that purpose. You may disclose it as required by law, court or regulator; to your bank or payment provider in connection with a Transaction; to exercise your legal rights; or to your representatives for the purposes set out above.

10. Privacy

Your privacy is important to us. See our Privacy Policy for details on how we process your personal data and your rights.

11. Contract changes

We may update this Agreement from time to time by posting an updated version on this page and, where you have an active Subscription, by email. The updated terms take effect on the date specified in the notice or, if unspecified, one month after posting. If you do not agree with an update you may cancel your Subscription before it takes effect; continued use after that date constitutes acceptance, except where mandatory consumer law requires your express consent for a material change.

12. Our responsibility for loss or damage

Nothing in this Agreement excludes or limits our liability where it would be unlawful to do so, including for fraud or fraudulent misrepresentation, death or personal injury, or under mandatory consumer law in your territory of purchase. To the fullest extent permitted by law, we are not liable for losses relating to third-party materials available from or within the Product; business losses, including direct or indirect loss of sales, profit, revenue, goodwill, business opportunity, or interruption resulting from commercial use of the Product; failures or delays caused by events outside our reasonable control (including third-party infrastructure, telecoms and internet network failures); or losses that are not a foreseeable result of our breach of this Agreement. Our total liability under this Agreement is limited to the Charges you have paid us during the relevant Service period. We exclude all express, implied, or statutory warranties regarding the Product, and we do not warrant that the Product will be uninterrupted or error-free, or free from corruption, attacks, interference, hacking, viruses, malware, or other security intrusion.

13. Complaints and disputes

Unless otherwise set out in the Country-Specific Terms below or a mandatory law in your territory of purchase, this Agreement is governed by the laws of the State of New York, USA, and the courts of New York shall have jurisdiction over any dispute. For any problem or dispute, please first contact us at support@clientpik.com.

14. Other

Nothing in this Agreement limits or excludes any rights or remedies you may have under mandatory consumer law in your territory of purchase. By completing a Transaction, you consent to receive notices from Clientpik electronically.

If this Agreement is translated, the English version prevails unless mandatory consumer law requires otherwise. This Agreement is between you and us; no other party can enforce its terms.

You may only transfer your rights or obligations with our written agreement. We may transfer ours to an affiliate or successor. A delay in enforcing our rights does not waive them. If any provision is held unlawful, the remainder remains in force.

This Agreement, together with any documents it refers to, is the entire agreement between you and us regarding the Product.

15. Country-Specific Terms

Consumers residing in the EU/EEA and UK

You have the right to withdraw from the Agreement for any reason within 14 days of completing a Transaction, as set out in our Refund Policy. If you exercise this right you will receive a full refund of the Charges paid, unless during that 14-day period you started downloading, installing, streaming, using or benefiting from the Product and you agreed during your Transaction to have the Product made available before the end of that 14-day period.

Consumers residing in Germany

If we breach an essential contractual obligation, our liability is not excluded and is limited to the foreseeable damage typical for this type of agreement.

Consumers residing in the US

This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles, except that if you reside in a US state whose mandatory consumer protection laws provide greater protection, those laws apply to that extent. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CLIENTPIK EACH WAIVE, IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT, THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. You may opt out of either or both waivers by emailing support@clientpik.com within 30 days of completing your Transaction with your name, the email address used for the Transaction and a clear statement of the waiver(s) you wish to opt out of.

Consumers residing in Quebec, Canada

Any dispute arising in connection with this Agreement is governed by the law of Quebec and the courts of Quebec have exclusive jurisdiction to settle it. You acknowledge having received access to a French version of this Agreement. Vous reconnaissez avoir reçu une version française de ce contrat.