Last updated: 13 February 2025
These Terms of Service ("Terms") govern your access to and use of the website operated by CamoText LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"), including any related services and software provided by the Company, including but not limited to all versions of the CamoText application, CamoText free demo version, and CamoPhoto (collectively, the "Services"). By accessing or using our website, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our End User License Agreement ("EULA"), which governs your use of any software purchased from the Company. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
You may not assign, transfer, or sublicense your rights or obligations under these Terms, including your software license or any purchase, without the prior written consent of the Company. Any attempt to do so without such consent will be null and void. The Company may assign or transfer its rights and obligations under these Terms, including in connection with a change of control, sale of assets, or by operation of law, without notice to you or your consent.
2. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to access or use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement.
3. Software License and End User License Agreement (EULA)
Any software you purchase or download from the Company is licensed, not sold, and is subject to the terms of the EULA. By downloading or using the software, you agree to the terms of the EULA, which governs your rights and obligations with respect to the software.
License Restrictions: Your license to use the software may be subject to certain restrictions outlined in the EULA, including limits on copying, distributing, modifying, or reverse-engineering the software.
4. Purchases and Payment Terms
All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to modify or discontinue the software at any time without liability.
Payments are processed by third-party providers (e.g., LemonSqueezy and Stripe). By providing your payment information, you authorize the Company and its payment processors to charge the total amount due for your purchase.
All purchases are final and non-refundable unless otherwise specified in writing.
5. User Obligations
By using our Services, you agree that you will not violate any applicable laws or regulations, interfere with the security or integrity of our Services, use the Services for any unlawful or unauthorized purpose, nor attempt to gain unauthorized access to our systems or data.
6. Intellectual Property
The Services and all content, software, Company-related marks, logos, branding, and intellectual property provided by the Company are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our content or software without our prior written consent.
"CamoText" is a trademark of CamoText LLC, with a trademark application filed and currently pending registration.
7. Disclaimers
The Services and software are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
The Company does not warrant that the Services or software will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You assume all responsibility for selecting the Services and software to achieve your intended results, and for the use and results obtained from them.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates, licensors, service providers, or suppliers be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to damages for loss of profits, loss of business, loss of goodwill, loss of data, work stoppage, computer failure or malfunction, or any other commercial damages or losses, arising out of or related to your access to or use of, or inability to access or use, the Services or software, regardless of the legal theory under which such damages are sought (whether based in contract, tort, negligence, strict liability, or otherwise), even if the Company has been advised of the possibility of such damages.
Without limiting the foregoing, the Company’s total liability to you for all claims, damages, losses, and causes of action shall not exceed the amount you paid, if any, for access to the Services or software in the twelve (12) months preceding the event giving rise to the claim.
You are solely responsible for any damage to your device(s), software, or data that results from the download or use of the Services. The limitations set forth herein shall apply even if any remedy fails of its essential purpose.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, successors, and assigns, from and against any and all claims, liabilities, losses, damages, judgments, awards, fines, penalties, costs, and expenses (including reasonable attorneys' and experts' fees and costs) arising out of or relating to: (a) your violation of these Terms; (b) your access to or use of the Services or software, including any content you submit, post, or transmit; (c) your violation of any applicable law or regulation; (d) your infringement or alleged infringement of any intellectual property, privacy, or other rights of any third party; or (e) your negligent acts, omissions, or willful misconduct.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
10. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles as to all matters, including matters of validity, construction, effect, enforceability, performance and remedies.
If you have a potential legal dispute, claim or cause of action against Us, you must first contact us by sending an email to contact@camotext.ai describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. If so elected by us, you will use commercially reasonable efforts to negotiate a settlement of any such legal dispute, claim or cause of action within 60 days of the delivery of such email.
If not resolved by a binding, written settlement agreement within such period, the dispute, claim or cause of action shall be brought and resolved exclusively in accordance with these Terms.
Any such unresolved dispute arising out of or relating to these Terms or your use of the Services shall be resolved through confidential, binding arbitration conducted in the English language by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “Rules ”). The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The award or decision of the arbitrator shall be final and binding upon the parties and the parties expressly waive any right under the laws of any jurisdiction to appeal or otherwise challenge the award, ruling or decision of the arbitrator.
The judgment of any award or decision may be entered in any court having competent jurisdiction to the extent necessary. If the Company elects to have a dispute resolved by arbitration pursuant to this provision, no party hereto shall commence or pursue any dispute in any court; provided, however, that the Company shall be entitled to obtain an injunction to prevent breaches of this provision and to enforce specifically the terms and provisions thereof, this being in addition to any other remedy to which the Company is entitled at law or in equity.
You hereby agree that any arbitration or other permitted action shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive any right to file a class action or seek relief on a class basis, and you waive any right to a jury trial.
11. Termination
We may terminate or suspend your access to the Services at our sole discretion, without notice, for any reason, including your violation of these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, disclaimers, indemnity, and limitations of liability.
12. Modifications to the Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.
13. Entire Agreement
These Terms, together with the EULA and our Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede any prior agreements.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. No Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
16. Contact Information
If you have any questions about these Terms, please contact us at: contact@camotext.ai