End User License Agreement

This End User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and PowerTools (“Company”) for the PowerTools PowerPoint Add-In software product, which includes computer software and may include associated media, digital materials, and “online” or electronic documentation (“Software”).

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

GRANT OF LICENSE

PowerTools grants you a non-exclusive, non-transferable license to use the Software on a single computer, provided you comply with all terms and conditions of this Agreement.

RESTRICTIONS

You may not:

• a) Reverse engineer, decompile, or disassemble the Software.
• b) Rent, lease, lend, sell, redistribute or sublicense the Software.
• c) Modify, adapt, or create derivative works based on the Software.
• d) Remove, alter, or obscure any copyright, trademark, or other proprietary notices.

OWNERSHIP

The Software is licensed, not sold. PowerTools retains all rights, title, and interest in and to the Software, including all intellectual property rights.

SOFTWARE DEFECTS AND BUG RESOLUTION

You acknowledge and agree that:

1. The Software is a complex digital product that may contain bugs, errors, or defects of varying severity.
2. The presence of minor bugs, errors, or defects that do not substantially impair the core functionality of the Software does not constitute a breach of this Agreement or grounds for refund outside of our stated refund policy.
3. PowerTools maintains a bug tracking and resolution process. Bugs are prioritized based on severity, impact on users, and technical feasibility of resolution.
4. You agree to report any bugs or defects through our official support channels to allow PowerTools a reasonable opportunity to investigate and address the issue.
5. PowerTools makes commercially reasonable efforts to address reported bugs but does not guarantee any specific timeline for bug resolution.
6. The existence of known bugs or defects that are disclosed on our website, in documentation, or in release notes does not entitle you to a refund if the Software otherwise performs its core functions.

TERMINATION

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term(s) of this Agreement.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario, Canada, to resolve any legal matter arising from this Agreement. This choice of jurisdiction does not prevent PowerTools from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and PowerTools concerning the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this Agreement.

USER RESPONSIBILITIES

You are responsible for:

• Ensuring that your use of PowerTools complies with all applicable laws and regulations
• Maintaining the confidentiality of your license key and account credentials
• All activities that occur under your account, including any misuse by others
• Reporting bugs or defects through proper support channels before initiating any payment dispute

UPDATES AND CHANGES

PowerTools reserves the right to update, modify, or discontinue PowerTools at any time without prior notice. PowerTools may also modify these Terms. Continued use of PowerTools after any such changes constitutes your acceptance of the new Terms.

SUPPORT

PowerTools may offer support for the add-in at our discretion. Support may be provided via email, chat, or other means as specified on our website. Support does not include a guarantee of bug resolution within any specific timeframe.

FEES AND PAYMENT

Payment Terms

You agree to pay all applicable fees for the use of PowerTools. We reserve the right to change our fees at any time, with notice to you if you have a subscription.

Refund Policy

Fees are non-refundable except as expressly stated in this section or as required by law.

7-Day Money Back Guarantee: We offer a one-time 7-day money-back guarantee for users who have:

• Purchased a subscription license (not lifetime licenses)
• Successfully installed the add-in
• Are not satisfied with the purchase

Refund Limitations:

• LIFETIME LICENSES ARE NON-REFUNDABLE
• Refunds are not available after the 7-day guarantee period has expired
• The presence of minor bugs or defects that do not substantially impair core functionality does not constitute grounds for refund outside the 7-day guarantee period
• We will refund transaction fees up to a maximum of 3% of the purchase amount; any transaction fees exceeding 3% are the responsibility of the customer
• We reserve the right to reject any refund request if we have reason to believe you are installing the add-in solely to access the template library or are otherwise abusing the refund policy

Auto-Renewal

Annual subscriptions auto-renew by default. You’ll receive renewal notifications 7 days before renewal. You can manage your renewal settings in your customer dashboard and it is your responsibility to cancel your subscription before it renews. PowerTools does not issue refunds for renewals.

Chargebacks and Payment Disputes

By purchasing PowerTools, you agree to contact our support team to resolve any issues before initiating a chargeback or payment dispute with your financial institution. Initiating a chargeback or dispute without first attempting to resolve the issue through our support channels may result in immediate termination of your license and account access. Unjustified chargebacks may be reported to payment fraud prevention services.

DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. POWERTOOLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PowerTools does not warrant that:

• The Software will meet your specific requirements
• The Software will operate uninterrupted or error-free
• All bugs or defects will be corrected
• The Software will be compatible with all hardware and software configurations

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWERTOOLS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF POWERTOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, PowerTools’ liability shall be limited to the maximum extent permitted by law, not to exceed the amount you paid for the Software license.

DISPUTE RESOLUTION

Before filing any formal legal action, you agree to first contact PowerTools support to attempt to resolve any dispute informally. If the dispute cannot be resolved within 30 days, either party may pursue formal resolution through the courts identified in the Governing Law and Jurisdiction section.

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By installing or using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

Last Updated: November 2024