OwlPlot Stacker Terms of Service

1. Acceptance of Terms

By downloading, installing or using OwlPlot Stacker ("the App"), you agree to these Terms of Service ("Terms") and acknowledge our OwlPlot Stacker Privacy Policy. The App is made by MaplePlot Inc. (formerly Glucoplate Inc.), a corporation incorporated under the federal laws of Canada (the Canada Business Corporations Act) ("we," "us," or "the Company"). If you do not agree to these Terms, do not use the App.

2. What the App Does

OwlPlot Stacker is a desktop app for Mac and Windows that combines a series of night-sky photos into one image with less noise ("stacking"), and lets you check, mask and export the result. It works on the photos you open on your computer. It has no account, and the App itself doesn't connect to the internet; see the privacy policy for the details.

3. Buying the App

The App is sold as a one-time purchase through the Mac App Store and the Microsoft Store, at the price shown in the store where you buy it. It has no in-app purchases or subscriptions. Where a store offers a free trial, the trial and its length are set and managed by that store. Payment, refunds and family sharing are handled by Apple or Microsoft under their own terms and policies; we don't receive your payment details. Nothing in these Terms limits a refund or other right you have under the consumer protection laws where you live.

4. Licence to Use the App

When you buy the App, we grant you a personal, non-exclusive, non-transferable licence to install and use it on the computers that the store's usage rules allow, for your own personal or professional photography. On the Mac App Store, Apple's standard Licensed Application End User License Agreement also applies; on the Microsoft Store, Microsoft's Store terms also apply. If these Terms and those store terms conflict on the licence itself, the store terms apply to the extent of the conflict.

The App includes open-source software, including our own stacking engine, which is published under the MIT and Apache 2.0 licences. Those components are licensed to you under their own licences, listed in the App's acknowledgements, and nothing in these Terms restricts the rights those licences give you.

5. Your Photos and Files

Your photos, and the stacks and images you make with the App, are yours. We don't claim ownership of them, and because the App doesn't upload anything, we don't receive them unless you choose to send something to us by email.

The App is designed to read your original photos and write its results as new files (by default in an "OwlPlot Stacks" folder), not to change your originals. When you export an image to a location and name you choose, it can replace a file that already has that name. Like any software that handles files, the App can have bugs, so we recommend you keep a backup of photos that matter to you.

6. Results

Stacking, alignment, masking and color processing are automated image processing. Results depend on your photos, camera and settings, and can contain artefacts, trails, misalignment or colour errors. The App's checks and suggestions are estimates. Please review a result before you rely on it, publish it or print it.

7. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. To the extent permitted by applicable law, the Company disclaims warranties, whether express, implied, statutory or otherwise, including:

• Implied warranties of merchantability
• Fitness for a particular purpose
• That the App will support a particular camera, file format or computer
• Uninterrupted or error-free operation
• That results obtained from the App will meet your expectations

This section doesn't exclude a warranty or guarantee that the consumer protection laws where you live say cannot be excluded.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAPLEPLOT INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (including loss of profits, revenue, data or goodwill) arising out of or in connection with:

• Your use of or inability to use the App
• Results that are inaccurate or not what you expected
• Loss of, or damage to, photos or other files
• Any third-party conduct, content or services, including the app stores

To the extent the law allows any liability, our total liability is limited to the amount you paid for the App, or CA$100, whichever is greater. These limits don't apply to the extent a loss is caused by our intentional or gross fault, or where the law doesn't allow them. Nothing in these Terms limits rights you have under the consumer protection laws where you live.

9. Acceptable Use

You agree not to:

• Copy, resell, rent or redistribute the App, except as the store's rules or these Terms allow
• Remove or bypass the App's store licensing
• Use the App for any unlawful purpose

This doesn't limit what an open-source licence for a component allows, or what applicable law allows you to do (for example, for interoperability).

10. Intellectual Property

Apart from the open-source components described in section 4, the App, including its design, branding and documentation, is the property of MaplePlot Inc. and is protected by Canadian and international intellectual property laws. "OwlPlot" and the OwlPlot logo are our brands.

11. Apple and Microsoft

These Terms are between you and MaplePlot Inc., not Apple or Microsoft, and Apple and Microsoft are not responsible for the App or its support. If the App doesn't match an applicable warranty, you can tell Apple or Microsoft, which may refund the purchase price under its policies; to the extent the law allows, Apple has no other warranty obligation for the App and is not responsible for handling claims about it. Apple and its subsidiaries are third-party beneficiaries of these Terms. You confirm you are not in a country under a U.S. Government embargo or on a U.S. Government restricted-party list. The Mac App Store's and the Microsoft Store's own terms also apply.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms or the App is subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, except where the consumer protection laws where you live give you the right to bring a claim in your local courts.

13. Severability

If a court of competent jurisdiction finds any provision of these Terms unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in effect.

14. Changes to These Terms

We may update these Terms. Changes are posted on this page with a new date. Where the law requires us to give you notice of a change in advance, we will do so. Continued use of the App after a change takes effect constitutes acceptance of the revised Terms.

15. Contact

If you have questions about these Terms, please contact us at support@owlplot.com

MaplePlot Inc.
Ontario, Canada