Last Updated: [Insert Date]
By downloading, installing, or using the Disher application ("App"), a professional photo watermarking tool designed for photographers, designers, and content creators (collectively, "Users"), you ("You" or "User") agree to be bound by this User Agreement ("Agreement") and all applicable laws and regulations. If You do not agree to these terms, You must not use the App. This Agreement constitutes a legally binding contract between You and the developer of Disher ("Developer," "We," "Us," or "Our").
You represent and warrant that You are at least 13 years of age (or the minimum age required by applicable law to use the App without parental consent) and have the legal capacity to enter into this Agreement. If You are using the App on behalf of a business, organization, or other entity, You represent and warrant that You have the authority to bind such entity to this Agreement.
Subject to Your compliance with this Agreement, the Developer grants You a non-exclusive, non-transferable, revocable license to download, install, and use the App on Your personal or business devices (e.g., smartphones, tablets, computers) solely for personal or commercial purposes related to creating, editing, and protecting photos with watermarks, as permitted by the App’s features (including font selection, color adjustment, position control, transparency settings, batch processing, and real-time preview).
The App does not require You to create an account or provide login credentials to access or use its core features. You may use the App immediately upon installation without submitting personal information (e.g., name, email address) unless You choose to contact the Developer for support (see Section 8 for contact details). The Developer does not collect, store, or process any account-related data from You, as no account creation is required.
You retain full ownership and all rights to the photos, images, and other content ("User Content") that You process or edit using the App. The Developer does not claim any ownership rights to User Content. The App’s watermarking features are intended to help You protect Your ownership of User Content by adding custom watermarks (e.g., text, logos) to Your photos.
All intellectual property rights in the App (including software code, features, design, trademarks, logos, and text) are owned by the Developer or its licensors. You may not use any Developer Content except as expressly permitted by this Agreement.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT THAT:
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP SHALL NOT EXCEED $100.00 USD. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH THE CLAIM IS BROUGHT (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY).
Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so the above limitations may not apply to You.
This Agreement shall remain in effect until terminated by either party. The Developer may terminate this Agreement and Your license to use the App at any time, without notice, if You violate any term of this Agreement. Upon termination, You must immediately cease using the App and delete all copies of the App from Your devices.
Sections 4 (Content Ownership), 5 (Disclaimers), 6 (Limitation of Liability), 8 (Contact Information), 9 (Governing Law), and 10 (General Provisions) shall survive termination of this Agreement.
If You have any questions, concerns, or claims related to this Agreement or the App, please contact the Developer at:
Email: dishertwater3@outlook.com
We will use reasonable efforts to respond to Your inquiries within a reasonable timeframe.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws principles. Any dispute arising out of or related to this Agreement or the App shall be resolved first through good-faith negotiation between You and the Developer. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single arbitrator appointed by the AAA, and the decision of the arbitrator shall be final and binding on both parties. You and the Developer waive any right to a jury trial in connection with any such dispute.
The Developer may update or modify this Agreement from time to time. We will notify You of any material changes by posting the revised Agreement in the App or on our website (if applicable) and indicating the "Last Updated" date. Your continued use of the App after the effective date of the revised Agreement constitutes Your acceptance of the changes.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between You and the Developer with respect to the App and supersedes all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
You may not assign this Agreement or any of Your rights or obligations under this Agreement without the prior written consent of the Developer. The Developer may assign this Agreement to any third party without Your consent.
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