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Terms of Service

Common Tools Co.Last updated

1. Agreement to Terms

By accessing or using Selekt (the "Application"), operated by Common Tools Co ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Application.

We may modify these Terms at any time. Your continued use of the Application after any changes constitutes acceptance of the new Terms.

2. Description of Service

Selekt is a desktop photo library management application designed for photographers. The Application provides:

  • Photo import and organization tools
  • Image culling and rating workflow
  • RAW file processing and preview generation
  • Tagging and metadata management
  • Optional cloud-based AI image analysis
  • Optional cloud synchronization features

The Application operates primarily as a local-first tool, with your data stored on your own device. Cloud features are optional and require a user account.

3. User Accounts

To access certain features, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Acceptable Use Policy

You agree not to use the Application to:

  • Process, store, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Process content depicting child sexual abuse material (CSAM)
  • Violate any applicable local, state, national, or international law
  • Infringe upon the intellectual property rights of others
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Application or servers
  • Use automated means to abuse the AI analysis features beyond reasonable usage
  • Reverse engineer, decompile, or disassemble the Application

Violation of this policy may result in immediate termination of your account and, where applicable, reporting to law enforcement.

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to your photos and content. We do not claim any ownership over the images you process through Selekt.

By using our cloud features, you grant us a limited, non-exclusive license to process your images solely for the purpose of providing the services you request (such as AI analysis). This license terminates when you delete your content or close your account.

5.2 Our Content

The Application, including its design, code, features, and documentation, is owned by Common Tools Co and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

6. Cloud Services & AI Features

Our cloud-based AI analysis features are provided on the following basis:

  • Processing: Images sent for AI analysis are processed by third-party AI providers (Amazon Rekognition, Google Cloud Vision) and are not permanently stored by these providers
  • Quotas: AI analysis features are subject to usage quotas that may vary based on your subscription tier
  • Accuracy: AI-generated tags and descriptions are provided for convenience and may not be 100% accurate
  • Availability: Cloud services may be subject to maintenance, downtime, or discontinuation

7. Payment Terms

Certain features of the Application may require payment. If you purchase a subscription or paid features:

  • You agree to pay all applicable fees as described at the time of purchase
  • Subscriptions will automatically renew unless cancelled before the renewal date
  • Refunds are provided in accordance with applicable law and our refund policy
  • We reserve the right to change pricing with reasonable notice

8. Disclaimers

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Application will be uninterrupted, secure, or error-free
  • Results from using the Application will be accurate or reliable
  • Any errors or defects will be corrected
  • The Application will meet your specific requirements

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMON TOOLS CO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of data, photos, or other content
  • Loss of profits or revenue
  • Business interruption
  • Cost of substitute services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Important: You are solely responsible for maintaining backups of your photos and data. We strongly recommend keeping multiple backups of your valuable images.

10. Indemnification

You agree to indemnify, defend, and hold harmless Common Tools Co and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Application
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you process through the Application

11. Termination

You may stop using the Application at any time. We may terminate or suspend your access to the Application:

  • For violation of these Terms
  • For conduct that we determine to be harmful to other users or us
  • For non-payment of applicable fees
  • At our discretion with reasonable notice

Upon termination, your right to use the Application ceases immediately. Local data on your device will remain accessible. Cloud data may be deleted after a reasonable retention period unless you request export.

12. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Application shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

For EU users: Nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence. You may bring claims in the courts of your country of residence.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last updated" date
  • Sending an email notification for significant changes

Your continued use of the Application after the effective date of any changes constitutes acceptance of the modified Terms.

14. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Common Tools Co regarding the Application.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us:

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