Terms of Service

1. Acceptance

These Terms of Service ("Terms") govern your use of the website at otter-core.com and the desktop, server, mobile, and web applications published by OtterCore, LLC ("OtterCore", "we", "us"). By accessing the site or purchasing, downloading, or using our software, you agree to these Terms. If you do not agree, do not use the site or the software.

2. The services

OtterCore publishes native desktop, server, mobile, and web applications, and provides the storefront, support, and documentation around them. Pricing for each product is shown on its detail page and may include subscription (monthly or yearly), perpetual licensing (one-time payment with bounded updates), or one-time project fees, depending on the product.

3. Licenses

3.1 Subscription licenses

Subscription licenses grant you the right to use the software for the duration of an active, paid subscription. Updates are included while your subscription is active. If your subscription lapses, you may continue using the last version you had installed before lapse, but you will lose access to further updates and to features that require server-side components.

3.2 Perpetual licenses

Perpetual licenses grant you the right to use the version of the software you purchased indefinitely. Each perpetual license includes one (1) year of free updates from the date of purchase. After that year you may continue using the version you own, or renew updates for an additional period at the then-current renewal rate.

3.3 Mobile app licenses

Mobile applications are distributed and licensed through the Apple App Store and Google Play Store under those platforms' end-user license terms. Where we offer an in-app perpetual buyout, that purchase grants the same indefinite use rights as described in 3.2 within the mobile platform.

3.4 Custom builds

Custom software built for a specific client under a one-time project fee is governed by the separate written agreement between OtterCore and that client, which supersedes these Terms for that engagement.

3.5 Permitted use

Unless otherwise specified in a per-product end-user license agreement (EULA), each license is granted to a single named user for personal or internal business use. You may install on the devices you personally use. You may not redistribute, resell, sublicense, rent, lease, or use the software as a hosted service for third parties.

3.6 License keys

License keys delivered after purchase are personal to you. You are responsible for keeping them confidential. We may revoke a key if we reasonably believe it has been shared, stolen, or used in violation of these Terms.

4. Payment, billing, and refunds

Payments for desktop and server software are processed by Lemon Squeezy as the merchant of record. Mobile app payments and in-app purchases are processed by Apple or Google. Applicable sales tax, VAT, or GST is calculated and remitted by the merchant of record.

Subscriptions renew automatically until cancelled. You can cancel at any time through the customer portal link in your order receipt or through the App Store / Play Store settings.

Refunds: we offer a 14-day refund window for new perpetual licenses and the first month of a new subscription, no questions asked. Refund requests are processed through the merchant of record. Mobile purchases follow Apple and Google's refund policies.

5. Updates and end-of-life

We aim to release regular updates including bug fixes, security patches, and new features. We reserve the right to discontinue a product or feature with reasonable notice. If a product is discontinued, perpetual license holders retain the right to continue using the last released version of the software.

6. Acceptable use

You agree not to:

• Reverse engineer, decompile, or disassemble the software, except to the extent that applicable law permits this notwithstanding contractual restriction.
• Remove or alter copyright, trademark, or other proprietary notices.
• Use the software for any unlawful purpose or in violation of any applicable export, sanctions, or privacy law.
• Attempt to circumvent license validation or technical protection measures.
• Use the contact form or any other site feature to harass, spam, or send abusive content.

7. Intellectual property

All intellectual property in the software, the OtterCore name, the otter mark, and the contents of this site are owned by OtterCore, LLC or its licensors. Nothing in these Terms transfers ownership of any intellectual property to you. You retain ownership of any content you submit (e.g. data you process with the software, messages you send through the contact form).

8. Warranty disclaimer

THE SOFTWARE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE IN EVERY ENVIRONMENT. Some jurisdictions do not allow exclusion of implied warranties, so the above may not apply to you in full.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OtterCore, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE OR SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THESE TERMS OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) USD $50.

10. Indemnification

You agree to indemnify and hold OtterCore, LLC harmless from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of your violation of these Terms, your misuse of the software, or your infringement of any third party's rights.

11. Termination

We may suspend or terminate your access and revoke license keys if you materially breach these Terms. You may terminate at any time by cancelling your subscription or discontinuing use. Sections that by their nature should survive termination (intellectual property, warranty disclaimer, limitation of liability, governing law) will survive.

12. Governing law and disputes

These Terms are governed by the laws of the State of South Carolina, United States, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the software will be resolved exclusively in the state or federal courts located in Richland County, South Carolina (Columbia), and you consent to personal jurisdiction there.

13. Changes

We may update these Terms from time to time. Material changes will be noted with an updated "Last updated" date at the top of the page. Your continued use of the site or software after the change constitutes acceptance of the new Terms.

14. Contact

Questions about these Terms or DMCA/legal correspondence: email legal@otter-core.com or use the contact form.