Last Updated October 24, 2022
Ainforce brand is owned and legally represented by Trixiron Technology LLC, New Jersey, USA.
PLEASE READ THIS AGREEMENT CAREFULLY.
IF YOU DO NOT AGREE TO THIS AGREEMENT FOR USE OF THE SERVICE OR PRODUCTS/SOFTWARE/PACKAGES, DO NOT CLICK THE “I ACCEPT” BUTTON AND DO NOT DOWNLOAD, INSTALL, USE THE PRODUCTS/SOFTWARE/PACKAGES OR ANY RELATED CONTENT, AND DO NOT USE THE SERVICE.
For the purposes of this Agreement, capitalized terms shall have the meaning set forth in this section.
The “Service” (the “Website”) means https://www.ainforce.com website and its subdomains operated by Ainforce.
“Ainforce Store” means https://ainforce.gumroad.com storefront based on the gumroad platform.
“Gumroad” is a self-publishing digital marketplace platform to sell digital services such as books, memberships, courses and other digital services. It is a reliable platform with all security standards and payment processing through PayPal and Stripe. Official website is gumroad.com
“Gumroad Account” means an account registered by the Licensee at gumroad.com. The Licensee is responsible for all activity that occurs via his account.
“Licensor” means “Ainforce”, brand is owned and legally represented by Trixiron Technology LLC, New Jersey, USA, and where applicable its suppliers and licensors.
“Licensee” means you, the person signing up to this Agreement and Terms and Conditions and the user of the Package, Software, or Product.
“Package” means all preset packs/ template packs offered by the Licensor for use, including but not limited to, with the Ainforce extensions for After Effects and/or Premiere Pro.
“Product” means any and all items available, or previously available, for purchase, download, or access from the Website or otherwise provided by Ainforce, including but not limited to, any component of the Package, Software, educational materials, and related materials offered by the Licensor.
“Software” means the proprietary software of the Licensor that is included in the Package or Product which allows the Licensee to work more efficiently on the project using the content from the Product / Package.
“Content” means the proprietary objects, expressions, templates, presets and other digital files owned by the Licensor that are included in certain Products / Software / Packages to facilitate the Licensee’s creation of special effects and animations.
2. LICENSE TERMS
2.1 The Licensor grants to the Licensee a non-exclusive, non-transferable, royalty-free right and license to use the Product/Software/Package, which contains the Licensor’s proprietary Software and Content for the Licensee’s personal use or commercial use strictly in accordance with the License Terms. In the License Agreement, you can learn more about the types of licenses, Restrictions, Permitted Use, Prohibited Use and other license rules.
3. DISTRIBUTION OF PACKAGES
3.3 Delivery. All Products/Software/Packages are delivered electronically via software download immediately after successful checkout. You can find all your downloads and licenses in the ‘Library’ section of your user account.
5. REFUND POLICY
5.1 The Licensee may qualify for a refund after the purchase. Please read carefully the terms and conditions of the return policy, which you can find at the following link (https://www.ainforce.com/returns-and-refunds-policy)
6. Website Content
6.1 All content on the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Ainforce (except for intellectual property and trademark of other companies) or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
6.2 The Licensee agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
6.3 The Licensee will not modify, publish, transmit, reverse engineer, participate in the transfer or resale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
7. THIRD PARTY LINKS
7.1 Our Website may contain links to other websites (“Linked Sites”) that are not operated by us. The Linked Sites are not under the control of Ainforce and Ainforce is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ainforce is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ainforce of the site or any association with its operators.
8.1 The Licensor is not under any obligation to provide any support services under this Agreement, including upgrades or future versions of any of the Products/Software/Packages. Nonetheless, the Licensee should bring any concerns or problems to the attention of the Licensor through the Help Desk system. The Licensor will use reasonable endeavors to ensure that the Licensee has a very positive experience while using any Product/Software/Package, and the Licensor will use commercially reasonable efforts to address concerns that it believes, at its discretion, will improve the Licensee’s experience using any Product/Software/Package.
9.1 With respect to all Software provided as part of the Product/Package and any other non-public information made accessible to the Licensee (collectively, “Confidential Information”), the Licensee agrees to treat all Confidential Information with a high standard of care, and not to share such information with any third party or to use it otherwise than in accordance with the terms of this Agreement, and ten years after this term expires. The Licensee’s obligations under this section 9 shall not apply in circumstances where the Licensee can prove that:
- (a) an item of Confidential Information is in the public domain through no fault of the Licensee;
- (b) an item of Confidential Information was developed by the Licensee or employees or agents of the Licensee independently of and without reference to any Confidential Information; or
- (c) the disclosure by the Licensee of any item of Confidential Information was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of either party under this Agreement (provided that the Licensor was given prior notice before any such disclosure and an opportunity to oppose such disclosure).
10. Intellectual Property
10.1 All digital products available on www.ainforce.com (and/or storefront at ainforce.gumroad.com), including, without limitation, the Product/Software/Package, is protected by United States and international copyright and other laws and treaties. Licensor retains ownership of the title, copyright and other intellectual property rights (collectively the ‘Rights’) of any Parts of the Product/Software/Package, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly described in section 8 of the License Terms), copyright to use the Product/Software/Package as expressly set forth above on the terms herein.
10.2 Licensee may not assert any ownership in the Product/Software/Package itself nor any right to revenue from a collecting society in respect of digital copying or other secondary uses of the Product/Software/Package. Any reference to the “purchase” or “sale” (or similar terms) of the Product/Software/Package refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself.
10.3 Except as otherwise stated herein, this Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in respect of any Parts of the Product/Software/Package.
11. Third Party Intellectual Property
11.1 Products/Software/Packages that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. It is the Licensee’s responsibility to consider whether clearance is required to use these elements from the Product/Software/Package and if so, to obtain that clearance from the intellectual property rights owner.
12.1 In order to ensure compliance by the Licensee, the Licensor reserves the right to monitor the Licensee’s use of the Content, and to audit the installation and use of the Content at any time, giving no more than one week’s notice during customary business hours, either by itself or using an audit or accounting firm for this purpose.
13.1 The Licensor may terminate this Agreement at any time if Licensee breaches any of the terms of this or any other agreement with the Licensor. Upon any such termination Licensee must immediately: cease using the Product/Software/Package; delete or destroy any copies; and, if requested, confirm to the Licensor in writing that Licensee has complied with these requirements.
14. Disclaimer of Warranties
14.1 LICENSEE’S USE OF THE PRODUCT/SOFTWARE/PACKAGE IS AT LICENSEE’S OWN RISK. THE PRODUCT/SOFTWARE/PACKAGE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.2 The Licensor provides the Product/Software/Package as is, and makes no representations or warranties, express or implied, that the functions contained in the Product/Software/Package will meet the Licensee’s requirements, that the operation of the Product/Software/Package will meet the Licensee’s requirements or that the operation of the Product/Software/Package will be uninterrupted or error free. The Licensee assumes all liability for the selection of the Product/Software/Package to achieve its intended results and for the installation, use and results obtained by it.
14.3 The Licensor licenses the Product/Software/Package, including without limitation the Content, without any express warranties of any kind. With respect to the Product/Software/Package, the Licensor makes no representation as to its adequacy for any particular purpose or to produce any particular result. The Licensor shall not be liable for loss or damage arising out of this Agreement or use of the Content in the Product/Software/Package, except where expressly indicated in this Agreement.
14.4 The Licensor disclaims to the greatest extent permitted by law, all other warranties and conditions, whether express or implied, statutory or otherwise, including but not limited to any implied warranties, duties or conditions of merchantability, non-infringement and fitness for a particular purpose, accuracy or completeness of responses, lack of negligence, all with regard to the Package.
14.5 The Licensor makes no representations about the market price or value of its offered Products/Software/Packages. The pricing of the Products/Software/Packages on the website may vary for different visitors to the website and may change at any time.
15. Limitation on Liability
15.1 In no event shall the Licensor (or their employees, contractors, directors) be liable for any special, incidental, indirect, or economic damages whatsoever, under any legal theory, arising out of or in connection with this Agreement, including, without limitation, your use or inability to use the Product/Software/Package, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, work stoppage or business interruption, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence).
15.2 The Licensor is not responsible for any liability, whether for intellectual property infringement, breach of contract or otherwise, even if foreseeable.
15.3 The Licensor is not responsible for any liability arising out of any content provided by the Licensee or a third party that is accessed through any of the Content in the Product/Software/Package and/or any material linked through such content and disclaims any liability in respect thereof.
15.4 The entire liability of the Licensor under any provision of this Agreement and the Licensee’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Licensee for the Product/Software/Package.
16.1 Licensee agrees to defend, indemnify and hold harmless the Licensor (and its respective employees, directors, contractors) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf) (A) violation of this Agreement, (B) use of the Product/Software/Package in violation of law, rules or regulations.
17. GENERAL PROVISIONS
17.1 The Licensee may not assign, transfer, charge or otherwise deal with any rights or obligations under this Agreement without the prior written consent of the Licensor.
17.2 None of the provisions of this Agreement shall be deemed to have been waived by any act or failure to act by the Licensor, its agents, or employees, except by an agreement in writing signed by an authorized signatory of the Licensor.
17.3 It is expressly agreed that a breach of this Agreement by the Licensee may cause irreparable harm to the Licensor and that a remedy at law may be inadequate. Therefore, in addition to any other available remedies, the Licensor shall be entitled to seek an injunction or other equitable remedies in the event of any threatened or actual violation of such provisions.
17.4 This Agreement governs in the event of any conflict between this Agreement and any other document or agreement that may affect the Licensee’s rights to the Product/Software/Package.
17.5 The Licensee acknowledges that they have read this Agreement, understand it, agree to be bound by it, and agree that it reflects a complete statement of the Licensee’s agreement with the Licensor, which supersedes any prior agreement, oral or written, that may have existed between the Licensor and the Licensee with respect to the licensing to the Licensee of this Product/Software/Package.
17.6 No modification of the terms of this Agreement will be enforceable against the Licensor unless the Licensor gives its express written consent.
17.7 Ainforce reserves the right, in its sole discretion, to change the terms under which the Product/Software/Package, or https://www.ainforce.com is offered. The most current version of the Agreement will supersede all previous versions. The Licensee will be subject to any new or modified terms of which the Licensor provides notice to the Licensee going forward, not retroactively. Ainforce encourages you to periodically review the Terms and Conditions to stay informed of our updates.
17.8 If any part of this Agreement is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected.
17.9 Delay or failure by the Licensor in enforcing any provisions of this Agreement shall not constitute a waiver by the Licensor of its rights and remedies.
18. Contact Us
If you have any queries or concerns about this Terms and Conditions, please Contact Us.
BY CLICKING THE “I ACCEPT” BUTTON, DOWNLOADING THE PRODUCT/SOFTWARE/PACKAGE, INSTALLING THE PRODUCT/SOFTWARE/PACKAGE, USING THE PRODUCT/SOFTWARE/PACKAGE OR ANY RELATED MATERIALS PROVIDED BY AINFORCE (“LICENSOR”), OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, AS SET OUT ABOVE.