Terms of Service

• Free 7-day trial, no credit card required. You can try every feature of IMG Flow for 7 days. No payment information is collected during the trial. After the trial expires, a one-time purchase unlocks the app permanently.
• IMG Flow is a one-time purchase. You pay once for the base app and own a perpetual license. An optional Pro upgrade is a separate one-time purchase that unlocks additional destinations.
• You can get a refund within 14 days of purchase, subject to the conditions in Section 7.
• You own your content. We do not claim any rights in the images you process.
• Don't misuse the Service. Section 5 has the full list, but the short version is: no illegal content, no abusing our infrastructure, no trying to break the security model.
• The Service is provided "as is." We work hard to make it reliable, but software can fail and we can't be liable for everything.
• Disputes go to arbitration, not court. You give up the right to sue us in court and to participate in a class action, except in small-claims court or as otherwise required by law. Details in Section 18.

In these Terms of Service ("Terms"), the following capitalized terms have the meanings below:

• "Account" means an IMG Flow account created at imgflow.app or inside the Application.
• "Application" or "App" means the IMG Flow desktop application for macOS, including all components, updates, and documentation.
• "Base License" means the perpetual license to use the Application granted after your one-time purchase of the base app under Section 3.
• "Content" means any image, file, pipeline configuration, message, metadata, or other material that you submit, upload, transmit, process, or receive through the Service, whether originating from you or from another person using a feature you have enabled (for example, the Inbox).
• "Effective Date" means the date these Terms first take effect for you, which is the earlier of the date you first use the Service or the date listed at the top of this document.
• "Inbox" means the optional feature that receives images sent to your @imgflow.app email address or your public upload page.
• "Pro Destinations" means the Webhook, FTP/SFTP, and Email delivery destination types that are unlocked only after purchase of the Pro Upgrade.
• "Pro Upgrade" means the optional one-time purchase that unlocks Pro Destinations on your Account.
• "Service" means, collectively, the Application, the websites at imgflow.app, api.imgflow.app, and upload.imgflow.app, the Worker API, the Inbox, Cloud Sync, Email delivery, license validation, and any other services operated by Terramar Marketing, Inc. in connection with IMG Flow.
• "User" or "you" means the person or entity that accesses or uses the Service. If you are using the Service on behalf of an employer, organization, or other entity, "you" refers to that entity and you represent that you have authority to bind it.
• Terramar Marketing, Inc., "IMG Flow", "we", "us", or "our" means Terramar Marketing, Inc., a company incorporated in the United States and the publisher of the Service.

These Terms are a legal agreement between you and Terramar Marketing, Inc.. By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not download, install, or use the Service.

Age requirement. You must be at least 16 years old to create an Account or use any feature of the Service that requires an Account. If you are at least 13 but under 16, you may use the offline features of the Application but may not create an Account or use any online feature without the verifiable consent of a parent or legal guardian. The Service is not directed to children under 13 and we do not knowingly collect personal information from anyone under 13.

Authority on behalf of an entity. If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms. In that case, "you" refers to that entity as well as to the individual accessing the Service.

Sanctions and restricted parties. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to United States, European Union, or United Kingdom embargoes or sanctions, and that you are not listed on any United States, European Union, or United Kingdom list of prohibited or restricted parties (including OFAC's Specially Designated Nationals list).

3.1 Free trial

IMG Flow includes a free 7-day trial that begins when you first launch the Application. During the trial you have access to all features of the Application, including Pro Destinations. No credit card or payment information is required to start or use the trial.

When the trial period expires, the Application's image processing functionality will be disabled until you purchase a Base License. Your saved pipelines, settings, and account (if created) remain intact and are restored when you purchase. The trial period cannot be extended, reset, or restarted.

3.2 Base License

Subject to your payment of all applicable fees and your continuing compliance with these Terms, Terramar Marketing, Inc. grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on macOS devices that you own or control, for your personal or internal business use (the "Base License").

The Base License is perpetual with respect to the specific version you purchased: you may continue to use that version on supported macOS releases indefinitely, subject to your continuing compliance with these Terms and subject to our right to terminate for cause as described in Section 16. Future versions of the Application may be released as free updates, paid upgrades, or a combination, at our sole discretion.

3.3 Pro Upgrade

The optional Pro Upgrade, when purchased, extends your Base License to unlock the Pro Destinations (Webhook, FTP/SFTP, and Email delivery) on Accounts associated with the purchaser. The Pro Upgrade is a separate one-time purchase, is tied to your IMG Flow Account (not to a specific device or machine), and is also perpetual subject to the same conditions as the Base License. Pro Destinations may require continuing operation of server-side features (for example, the Email delivery batch endpoint); if we discontinue such a server-side feature, we may substitute a comparable feature or offer a pro-rata refund, at our discretion and as required by applicable law.

3.4 Number of devices and users

The Base License permits installation and use of the Application on any number of macOS devices that you personally own or control, for your own use. You may not share your license key or Account credentials with anyone else, and you may not use a single Base License to let multiple distinct individuals (for example, multiple employees) run the Application simultaneously; each individual user requires a separate Base License.

3.5 Updates and upgrades

The Application may periodically check for updates and download them automatically, subject to your settings. You consent to receiving automatic updates to the Application. We may release updates as free maintenance releases, paid upgrades, or a combination, and we reserve the right to discontinue support for older macOS versions as Apple's own support lifecycle evolves.

3.6 Server-side features

Access to server-side features of the Service (including the Inbox, Cloud Sync, the public upload page, license validation, and Email delivery) requires an Account and our continued operation of those services. We reserve the right to modify, suspend, or discontinue server-side features at any time, with reasonable notice where practicable. Server-side features are not essential to the core local image-processing functionality of the Application.

Some features of the Service (Inbox, Cloud Sync, Pro Destinations) require you to create an Account. When you create an Account, you agree to:

• Provide accurate, current, and complete information;
• Promptly update your information to keep it accurate;
• Safeguard your password and any license keys, and not share them with anyone;
• Notify us immediately at hello@imgflow.app of any unauthorized access to or use of your Account;
• Be responsible for all activity that occurs under your Account, whether or not authorized by you;
• Not create an Account using another person's name, email address, or identity;
• Not create more than one Account for yourself or attempt to evade restrictions, suspensions, or bans we have imposed.

We reserve the right to refuse service, terminate Accounts, or remove or edit Content at our sole discretion if we reasonably believe you have violated these Terms or any applicable law.

You agree not to, and not to permit or enable any third party to, use the Service to do any of the following. Violations of this Section 5 are grounds for immediate suspension or termination of your Account and license, without refund, at our discretion.

• Illegal content or activity. Process, store, transmit, or deliver any Content that is unlawful, infringing, defamatory, fraudulent, obscene, child sexual abuse material (CSAM), or otherwise prohibited by any applicable law.
• Infringement. Infringe, misappropriate, or violate the intellectual property, privacy, publicity, moral, or other rights of any third party.
• Malicious conduct. Distribute viruses, worms, ransomware, trojans, keyloggers, or other malicious code through the Service; use the Service to conduct reconnaissance or attacks against any network or system; or interfere with any other user's enjoyment of the Service.
• Harassment. Use the Inbox or the public upload page to harass, threaten, dox, or otherwise target any person; or send unsolicited bulk messages through the Email delivery destination.
• Circumvention. Circumvent, disable, or interfere with any security, rate-limiting, license validation, Pro-tier gating, or authentication mechanism in the Service; or use any method to access the Service other than the documented user interfaces.
• Reverse engineering. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application, except to the limited extent this restriction is prohibited by applicable law.
• Resale and redistribution. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Application or any part of the Service available to any third party except as expressly permitted by these Terms.
• License sharing. Share, publish, sell, or expose your license key, session token, API key, or Account credentials to any third party.
• Excessive use. Use the Service in a manner that places disproportionate load on our infrastructure, our subprocessors, or our rate limits (for example, automated bulk submission of Email delivery batches beyond reasonable personal or business use).
• Scraping. Use any automated means to scrape, crawl, or collect data from the Service beyond what is exposed in our documented APIs.
• Competing product. Use the Service to build, train, or improve a product that competes with IMG Flow.
• Removal of notices. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices attached to or contained within the Service.
• Legal violations generally. Use the Service in violation of any applicable local, state, national, or international law, regulation, or court order.

6.1 You own your Content

You retain all rights, title, and interest in and to the Content that you submit, upload, transmit, process, or deliver through the Service. These Terms do not transfer ownership of any of your Content to Terramar Marketing, Inc.. You are solely responsible for your Content and for any consequences of processing, storing, transmitting, or delivering it through the Service.

6.2 License you grant to us

Solely to the extent necessary to provide the Service to you and to the recipients you designate, you grant Terramar Marketing, Inc. a worldwide, non-exclusive, royalty-free, transferable (to subprocessors only), sublicensable (to subprocessors only) license to host, store, transmit, display, cache, reproduce, and process your Content. This license is limited to operation of the Service and terminates when your Content is deleted from the Service, except where we are legally required to retain it.

We do not use your Content to train machine learning or artificial intelligence models, we do not sell your Content, and we do not use your Content for advertising.

6.3 Your representations about your Content

You represent and warrant that:

• You own or have all necessary rights to the Content you submit to the Service;
• Your Content does not infringe or violate the intellectual property, privacy, publicity, moral, or other rights of any third party;
• Your submission and use of the Content through the Service complies with these Terms and all applicable laws;
• You have obtained any consents necessary to upload, process, or deliver the Content, including consents from any identifiable individuals pictured in the Content, where required by applicable law.

6.4 Feedback

If you provide us with feedback, suggestions, bug reports, or ideas about the Service (collectively, "Feedback"), you grant Terramar Marketing, Inc. an unrestricted, perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, display, perform, and otherwise exploit the Feedback for any purpose, including incorporating it into the Service, without obligation or compensation to you. You represent that your Feedback is original to you or you otherwise have the right to grant this license.

7.1 One-time purchases

IMG Flow is sold as a one-time purchase. When you buy the base app, you pay a single fixed price and own a perpetual Base License as described in Section 3. The optional Pro Upgrade is also a one-time purchase and, once paid, unlocks Pro Destinations on your Account as described in Section 3.2. We do not currently sell subscriptions.

7.2 Payment processing

Purchases are processed by our third-party payment processor (the "Processor"), currently Lemon Squeezy. The Processor acts as merchant of record, which means the Processor — not Terramar Marketing, Inc. — is the entity that sells the product to you for regulatory and tax purposes. Your payment information is provided directly to the Processor on its own systems under its own terms and privacy policy. We do not store full payment card numbers, CVV codes, or banking credentials on our servers.

7.3 Pricing and currency

All prices are listed on imgflow.app and at checkout. Prices are quoted in United States dollars (USD) unless otherwise displayed, and the Processor may convert prices to your local currency at checkout. We reserve the right to change prices at any time. Price changes will not affect completed purchases, only future purchases.

7.4 Taxes

Listed prices do not include applicable taxes, duties, or levies unless stated otherwise. You are responsible for paying all such taxes that apply to your purchase. The Processor calculates, collects, and remits applicable sales tax, VAT, GST, and other consumption taxes at checkout based on your billing country. Any other taxes that may apply (for example, corporate tax on your side) are your responsibility.

7.5 Refund policy

We offer a 14-day refund window for Base License and Pro Upgrade purchases, counted from the date of purchase. To request a refund, email hello@imgflow.app from the email address on your Account and include your order number. Approved refunds are issued to the original payment method within a reasonable time, subject to the Processor's own processing timelines.

Refunds may be declined if:

• The request is made outside the 14-day window;
• We reasonably believe the request is fraudulent, made in bad faith, or part of a pattern of serial refund abuse;
• The Service has been used in violation of these Terms;
• The Base License or Pro Upgrade has been used in a way that consumed substantial server-side resources (for example, sending a large number of Email delivery batches);
• You are requesting a refund for a feature that was clearly disclosed and functioning as described.

Nothing in this Section limits any non-waivable consumer rights you may have under applicable law.

7.6 Chargebacks

If you initiate a chargeback against Terramar Marketing, Inc. or the Processor in connection with a purchase, we may (in addition to or instead of our other rights) suspend or terminate your Account and your license, pending resolution of the dispute. If the chargeback is resolved in your favor, we will reinstate your Account. If it is resolved in our favor or withdrawn, we may require you to pay the original purchase price plus any chargeback fees imposed on us before we reinstate your Account.

The Service integrates with third-party services that you can choose to connect to the Application, including (without limitation) Dropbox, Google Drive, webhook endpoints that you control, FTP/SFTP servers, and email recipients you designate. Your use of those third-party services is governed by their own terms and privacy policies, not by these Terms. Terramar Marketing, Inc. is not responsible for any acts, omissions, errors, or content of any third-party service, and we make no representations or warranties about their availability, security, accuracy, or fitness for your purposes.

Where a third-party destination is itself a paid service (for example, Dropbox Pro, a managed FTP host, or a Cloudflare plan that the Webhook destination relies on), you are responsible for obtaining and paying for that third-party service separately.

9.1 Best-effort availability; no SLA

We work hard to keep the Service available and reliable, but we do not commit to any specific uptime, service level, or availability commitment. The Service is provided on a reasonable best-effort basis. We may interrupt, suspend, or discontinue the Service (or any part or feature of the Service) at any time for maintenance, upgrades, security reasons, or operational necessity, with or without notice.

9.2 Modifications

We reserve the right to modify, enhance, or discontinue features, functionality, or entire components of the Service at any time, at our sole discretion. Where we discontinue a significant feature that you paid for (for example, the Pro Email delivery destination), we will use commercially reasonable efforts to provide a comparable replacement, extended advance notice, or a pro-rata refund, as appropriate and as required by law.

9.3 Beta features and previews

From time to time we may offer beta, alpha, preview, or experimental features ("Beta Features"). Beta Features are provided "as is" for your convenience, may be unstable, incomplete, or unsupported, may be changed or removed at any time, and are not subject to any refund, SLA, or warranty. Your use of any Beta Feature is at your own risk and you agree to provide us with feedback about your experience on request. We may in our discretion restrict Beta Features to specific users, platforms, or groups.

The Service, including the Application, the Worker API, the websites, all underlying software, source code, design, branding, trademarks, service marks, logos, documentation, tutorials, and marketing materials (collectively, the "IMG Flow IP"), is owned by Terramar Marketing, Inc. or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the IMG Flow IP except for the limited license expressly granted in Section 3.

"IMG Flow," the IMG Flow wordmark, and the IMG Flow logo are trademarks of Terramar Marketing, Inc.. You may not use any IMG Flow trademark, logo, or branding without our prior written consent, except to the extent nominative fair use is permitted by applicable law (for example, to identify IMG Flow as a compatible product). All other trademarks appearing in the Service or on our websites are the property of their respective owners.

Your privacy is important to us. Our collection, use, storage, and disclosure of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you acknowledge that you have read the Privacy Policy and consent to the practices described in it.

Terramar Marketing, Inc. respects the intellectual property rights of others and expects users of the Service to do the same. If you believe that Content stored or transmitted through the Service infringes your copyright, you may submit a notice to our designated DMCA agent in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Your notice must include all of the following information required by the DMCA:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notice, a representative list of such works;
• Identification of the material that is claimed to be infringing and sufficient information to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send DMCA notices to: hello@imgflow.app (subject line: "DMCA Notice").

We may terminate the Accounts of users who are determined to be repeat infringers. If you believe we removed your Content in error, you may submit a counter-notification that complies with 17 U.S.C. § 512(g)(3).

THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

To the maximum extent permitted by applicable law, Terramar Marketing, Inc. and its affiliates, officers, directors, employees, agents, partners, licensors, and subprocessors disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, accuracy, title, non-infringement, and any warranties arising out of course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted or error-free;
• The Service will meet your requirements or expectations;
• The Service will be secure, free of viruses, or free of other harmful components;
• Any defects in the Service will be corrected;
• The results obtained from using the Service will be accurate or reliable;
• Any Content will be stored, processed, transmitted, or delivered without error, loss, or corruption.

IMG FLOW IS A TOOL FOR PROCESSING IMAGES. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR CONTENT, FOR VERIFYING THE OUTPUT OF ANY PIPELINE, AND FOR CONFIRMING THAT DELIVERY TO ANY THIRD-PARTY DESTINATION SUCCEEDED. DO NOT USE THE SERVICE AS YOUR ONLY COPY OF IRREPLACEABLE FILES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of implied warranties, so some of the exclusions above may not apply to you. In such cases, the relevant disclaimers apply to the maximum extent permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Terramar Marketing, Inc. OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SUBPROCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS, OR OTHER INTANGIBLE LOSSES; ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Terramar Marketing, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Terramar Marketing, Inc. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUBPROCESSORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID Terramar Marketing, Inc. IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

The limitations in this Section apply to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. In such jurisdictions,Terramar Marketing, Inc.'s liability is limited to the maximum extent permitted by applicable law.

You agree that the limitations and exclusions in Sections 13 and 14 are essential terms of this agreement and reflect a reasonable allocation of risk between the parties that is an essential basis of the bargain. Without these limitations,Terramar Marketing, Inc. would not be able to offer the Service to you at the prices charged.

You agree to defend, indemnify, and hold harmless Terramar Marketing, Inc. and its affiliates, officers, directors, employees, agents, partners, licensors, and subprocessors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your Content;
• Your access to or use of (or inability to access or use) the Service;
• Your violation of these Terms;
• Your violation of any third-party right, including any intellectual property, privacy, publicity, or moral right;
• Your violation of any applicable law or regulation;
• Any activity carried out under your Account, whether or not authorized by you.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You may not settle any claim for which we are indemnifying you without our prior written consent.

16.1 Term

These Terms take effect on the Effective Date and continue until terminated as provided below.

16.2 Termination by you

You may stop using the Service at any time, delete the Application from your devices, and — if you have one — delete your Account through the Settings panel or by emailing us at hello@imgflow.app. Deletion of your Account does not entitle you to a refund except as provided in Section 7.5.

16.3 Suspension and termination by us

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, for any of the following reasons:

• Your violation of these Terms or any applicable law;
• Credible suspicion of fraudulent, abusive, or unlawful activity;
• A chargeback on a purchase (as described in Section 7.6);
• Non-payment of any amounts due, including tax or fee adjustments;
• Legal or regulatory reasons, including a court order or government directive;
• Extended inactivity of an Account (for server-side features only; your Base License and locally-installed Application remain usable).

16.4 Effect of termination

On termination of your right to use the Service, all licenses granted to you in Section 3 immediately cease, and you must stop using the Application and delete it from your devices. The following Sections will survive termination: 1 (Definitions), 6 (to the extent of Content delivered through the Service before termination and any license grants to us), 7 (with respect to any outstanding fees), 10, 11, 13, 14, 15, 16.4, 17, 18, 19, 20, and 22.

These Terms, and any dispute or claim arising out of or in connection with these Terms, their subject matter, their formation, or the Service, whether in contract, tort, statute, or otherwise, shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-laws principles.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

18.1 Informal dispute resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@imgflow.app and attempt in good faith to resolve the dispute informally for at least thirty (30) days. You must include your name, a description of the dispute, the specific relief you seek, and your contact information. We will use good-faith efforts to resolve the dispute during this period.

18.2 Binding arbitration

If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your Account, or the relationship between you andTerramar Marketing, Inc., whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by final and binding arbitration, not in court, except as provided in Section 18.4 below.

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by these Terms. The AAA rules are available at www.adr.org/consumer. If the AAA is unavailable, you and Terramar Marketing, Inc. will agree in good faith on a substitute arbitration provider.

The arbitration shall take place in Orange County, California, or via remote proceedings at the option of the party seeking arbitration. The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

18.3 Class-action waiver

YOU AND Terramar Marketing, Inc. EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND Terramar Marketing, Inc. EACH WAIVE ANY RIGHT TO A JURY TRIAL.

If this class-action waiver is found to be unenforceable with respect to any claim or request for relief, the entire arbitration provision in Section 18.2 shall be null and void as to that claim or request for relief, which shall proceed in court instead, while the remaining claims continue in arbitration.

18.4 Exceptions

Notwithstanding the above, either party may:

• Bring an individual action in small-claims court for claims within that court's jurisdiction;
• Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or Section 5 (Acceptable Use Policy);
• Refer a dispute to the appropriate government agency where such agency is authorized to seek relief on behalf of consumers.

18.5 Opt-out right

You may opt out of this arbitration and class-action waiver provision by sending a written notice to hello@imgflow.app with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your Account (if any), and a statement that you wish to opt out of the arbitration agreement. If you opt out, the arbitration and class-action waiver provisions in Sections 18.2 and 18.3 do not apply to you, but all other provisions of these Terms remain in effect.

The Service is subject to the export control and economic sanctions laws of the United States and other jurisdictions. You may not use, export, re-export, import, transfer, or release the Service in violation of any applicable export control or sanctions law, including the U.S. Export Administration Regulations, the regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or equivalent laws in your jurisdiction.

You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country or region subject to a U.S. trade embargo;
• You are not listed on any U.S. government list of prohibited or restricted parties;
• You will not use the Service for any purpose prohibited by applicable export control or sanctions laws, including nuclear, chemical, or biological weapons proliferation or missile technology.

By creating an Account or using the Service, you consent to receive notices and other communications from us electronically. We may send notices by email to the address associated with your Account, by posting a notice within the Application, by posting a notice on our website, or by any other means reasonably designed to provide you with notice.

You may send legal notices to us at hello@imgflow.app. Legal notices must be in English and must include sufficient identifying information for us to locate your Account or purchase records.

We may modify these Terms from time to time. When we make material changes, we will update the "Effective" and "Last updated" dates at the top of this document and, where appropriate, notify you by email (if you have an Account) or through a prominent in-app or on-site notice before the changes take effect. Non-material changes (for example, clarifications, formatting improvements, typo fixes) may be made without notice.

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and, if you have an Account, may close it.

22.1 Entire agreement

These Terms, together with the Privacy Policy, any additional terms applicable to specific features, and any order confirmation or license key we issue to you, constitute the entire agreement between you and Terramar Marketing, Inc. concerning the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Terramar Marketing, Inc..

22.2 Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permitted by applicable law (or, if necessary, severed from these Terms), and the remaining provisions will continue in full force and effect.

22.3 No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Terramar Marketing, Inc..

22.4 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted assignment in violation of this Section is null and void. We may assign or transfer these Terms, in whole or in part, at any time without notice or consent to any affiliate or in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.

22.5 Force majeure

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including without limitation acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, internet or utility outages, governmental actions, or outages of third-party infrastructure or subprocessors (including the failure of any cloud provider on which the Service depends). Our obligations that are affected by such events will be suspended for the duration of the event.

22.6 No third-party beneficiaries

These Terms do not create any third-party beneficiary rights and are not intended for the benefit of any person other than you and Terramar Marketing, Inc., except that our affiliates, officers, directors, employees, agents, partners, licensors, and subprocessors are intended third-party beneficiaries of Sections 13, 14, and 15.

22.7 Relationship of the parties

These Terms do not create an agency, partnership, joint venture, employment, or franchise relationship between you andTerramar Marketing, Inc.. Neither party has any authority to bind the other without the other's prior written consent.

22.8 Language

These Terms are made available in English. Any translation we provide is for your convenience only. In the event of a conflict or inconsistency between the English version and any translation, the English version shall control to the extent permitted by applicable law.

22.9 Headings

Section headings are for convenience only and have no legal effect.

22.10 Contact

For questions about these Terms or the Service, contact us at:

Terramar Marketing, Inc.
Legal matters: hello@imgflow.app
Support: hello@imgflow.app
Website: https://imgflow.app