Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Light Year Interactive Inc. (“Light Year Interactive,” “we,” “us,” or “our”) governing your use of the Tone Caliper desktop application (the “App”), the website at tonecaliper.com (the “Site”), and the optional community recipe service (the “Community Service”) (together, the “Services”).

By downloading, installing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

These Terms include important provisions, including a license grant, disclaimers of warranty, and a limitation of liability. Nothing in these Terms removes any rights you have under mandatory consumer protection law that cannot be waived.

1. Definitions

• “App” — the Tone Caliper desktop software for macOS and Windows.
• “License” — the right to use the App granted under Section 3.
• “License Key” — the key issued to you to activate the App after purchase.
• “Trial” — the free evaluation period described in Section 3.2.
• “Recipe” — a portable settings document describing an editing “look.”
• “Content” — anything you submit to the Community Service, including published Recipes and their titles and descriptions.

2. Eligibility and accounts

You must be old enough to form a binding contract in your jurisdiction to use the Services. Some features (such as publishing Recipes) require an account created with your email address. You are responsible for keeping access to your email secure and for activity under your account.

3. License to use the App

3.1 Grant

Subject to these Terms and your payment of the applicable fee, we grant you a non-exclusive, non-transferable, perpetual license to install and use the App for your personal or business photo-editing purposes. The License is a one-time purchase — there is no subscription.

3.2 Free trial

The App may be used on a 14-day free trial without payment. After the Trial ends, a valid License Key is required to continue using the App. The Trial period is anchored to a hashed device identifier so it cannot be trivially reset; see our Privacy Policy for detail.

3.3 Activations

A License Key may be activated on up to three (3) devices. You may deactivate a device at any time to free up an activation and move your License to another machine. Attempting to exceed activation limits through circumvention is a breach of these Terms.

3.4 What the License covers; updates

Your License covers the major version of the App you purchased, including bug-fix and maintenance updates we choose to release for it. We may offer future major versions as separate paid upgrades; your existing License does not automatically include a new major version unless we say otherwise. We are not obligated to provide updates, new features, or ongoing support indefinitely.

3.5 Restrictions

You may not, except to the extent applicable law expressly permits despite this restriction:

• copy (other than for normal installation and backup), redistribute, resell, rent, lease, sublicense, or share the App or your License Key;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code or underlying algorithms;
• circumvent, disable, or tamper with the trial, licensing, or activation mechanisms;
• remove or alter any proprietary notices; or
• use the App in violation of applicable law.

3.6 Ownership

The App and the Services, including all software, design, and intellectual property, are owned by Light Year Interactive Inc. and its licensors and are protected by law. These Terms grant you a license to use the App — they do not transfer ownership. We reserve all rights not expressly granted.

3.7 Your photos and edits

The App is designed to read your photos read-only and to keep your photos, edits, and catalog on your own device. You retain all rights in your own photos and edits. We claim no ownership of them.

4. Purchases, pricing, and taxes

4.1 Merchant of Record

Purchases of the App are processed by Polar (Polar Software Inc.), acting as our Merchant of Record (the seller of record for your purchase). Polar handles billing, payment processing, applicable taxes (including VAT/sales tax), and invoicing, and its own terms apply to the payment transaction. We do not receive or store your full payment card details.

4.2 Pricing

Prices are shown at checkout and may change over time. The price applicable to your purchase is the price displayed at the time you buy. Unless stated otherwise, prices may be exclusive of taxes, which the Merchant of Record will add as required.

4.3 Refunds

Refunds are governed by our Refund Policy and processed by the Merchant of Record. Your statutory consumer rights are not affected.

5. The Community Service

5.1 Optional and public

The Community Service lets you browse, save, like, and publish Recipes. It is optional; the App works fully without it. Recipes you publish, and their titles and descriptions, are public. Do not publish anything you wish to keep private.

5.2 Your Content and the license you grant us

You retain ownership of the Content you publish. By publishing Content to the Community Service, you grant Light Year Interactive Inc. a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute that Content for the purpose of operating and promoting the Community Service and the catalogue. This license ends when you delete the Content, except for reasonable backup retention and where others have already saved a Recipe.

5.3 Acceptable use

You agree not to publish or transmit Content that:

• you do not have the right to share;
• infringes anyone’s intellectual property or other rights;
• is unlawful, deceptive, harassing, hateful, or otherwise objectionable; or
• contains malware, spam, or attempts to abuse or disrupt the Services.

5.4 Moderation and removal

We may review, moderate, refuse, remove, or restrict Content and may suspend or terminate Community Service accounts that violate these Terms, at our reasonable discretion. We are not obligated to monitor Content but may do so.

6. Acceptable use of the Services generally

You agree not to misuse the Services, including by attempting to gain unauthorized access, interfering with their operation or security, scraping or overloading them, or using them to violate the law or the rights of others.

7. Third-party services

The Services rely on third parties (for example, the payment provider, hosting, and backend providers). We are not responsible for the acts, omissions, or policies of third parties, and your use of their services may be subject to their own terms.

8. Disclaimers

Except where prohibited by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that the App will be compatible with every device, operating-system version, file format, or workflow.

You are responsible for keeping backups of your photos and data. Although the App is designed not to modify your original files, you use it at your own risk and should maintain independent backups.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you, and you may have additional statutory rights.

9. Limitation of liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, revenue, or goodwill, arising out of or relating to the Services.
• Our total aggregate liability arising out of or relating to the Services and these Terms will not exceed the total amount you paid us for the App (or, if you only used the free Trial or Community Service, CAD $50).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (for example, liability for death or personal injury caused by negligence, fraud, or your non-waivable statutory consumer rights).

10. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Light Year Interactive Inc. from claims, damages, and reasonable expenses arising out of Content you publish to the Community Service or your breach of these Terms or of applicable law. This does not apply to the extent a claim results from our own wrongdoing.

11. Termination

These Terms apply while you use the Services. We may suspend or terminate your access to the Community Service, or to the Services, if you materially breach these Terms. Your perpetual License to a version of the App you lawfully purchased survives termination of these Terms for the Community Service, except where your breach relates to the License itself (for example, circumventing licensing) or where required by law. On termination, the restrictions, ownership, disclaimer, liability, and governing-law sections continue to apply.

12. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Subject to any mandatory rights you have to bring proceedings in your home jurisdiction as a consumer, you agree to the exclusive jurisdiction of the courts located in Ontario, Canada for disputes arising out of these Terms.

If you are a consumer resident in a jurisdiction whose laws guarantee you the protection of mandatory provisions or the right to bring proceedings locally, nothing in this section deprives you of that protection.

13. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Changes do not retroactively alter the License terms under which you already purchased the App. Continued use of the Services after an update means you accept the revised Terms.

14. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Services.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

15. Contact

Light Year Interactive Inc.
387 Grindstone Trail, Oakville, L6H 0S1, ON, Canada
Email: support@tonecaliper.com
Or use our contact page.