Terms of Service for panosfx.com

Date of Last Revision: April 10, 2024

Please read these terms carefully. If you don’t agree, please do not access this website and do not use our services.

Panos Efstathiadis, owner of PanosFX.com, ("PanosFX", "We") develops and publishes paid, trial, and free add-ons and training tutorials for Adobe® Photoshop®, Adobe® Photoshop® Elements, Adobe® Illustrator® and provides (under certain conditions) technical assistance (collectively the “Services”).

The following are the terms and conditions for use of the Services ("Terms and Conditions", "Agreement", "Terms of Use", "Terms of Service", or "Terms"). These Terms are entered into between you ("User" or "You") and PanosFX, and are made effective on the date of electronic acceptance: when the button "Agree" is checked at the moment of setting up an account or placing an order at the PanosFX website. In case of any discrepancies between the wording of the PanosFX website and these Terms, these Terms prevail.

You agree that You have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms. Indeed, the Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If You do not qualify, please do not use the Services.

1. Amendment to the Terms:

PanosFX may make changes or modifications to this Agreement at any time, and such changes or modifications are effective immediately upon the earliest of (a) PanosFX’s email notification to You advising You of such changes or modifications, (b) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Date of Last Revision" date at the top of the Terms, or (c) your continued use of the Services after PanosFX posts the updated Agreement to www.PanosFX.com.

2. Intellectual Property

The PanosFX free and commercial add-ons and tutorials are the intellectual property of Panos Efstathiadis. Use of the Services constitutes no transfer of intellectual property to the benefit of the other Party. Consequently, You undertake not to infringe in any manner the intellectual property rights of PanosFX, particularly with regard to the software, texts, photos, videos, data, logos, and other elements featured on PanosFX website for which PanosFX enjoys intellectual property.

3. Using our commercial add-ons:

You own the designs You create and may use them in your commercial and non-commercial creative projects. Re-sale or sharing of the PanosFX software with third parties is not allowed.

Some commercial add-ons include a trial version, which You may use to evaluate the product. You may not use a trial version in any commercial projects.

The license is issued to the buyer, who may install the software files on up to two different computers, in which the buyer has an active license to use the Adobe® application that the PanosFX add-ons work with. The licensee may not transfer the license to any other party without the licensor's consent.

4. Using our free add-ons and tutorials:

You own the designs You create and may use them in your commercial and non-commercial creative projects. Re-sale or sharing of the PanosFX software with third parties is not allowed.

5. Technical assistance:

The commercial add-ons include technical assistance which is provided via email and via the documentation. If You cannot find the answer to your question in the documentation, please feel free to contact us using the Contact link available at the bottom of any page. PanosFX is under no obligation to provide technical assistance for the free add-ons.

Technical assistance covers incident-based support (bugs, errors, etc.) and installation issues. PanosFX will provide technical assistance by replying as quickly as possible to your questions and comments.

6. Registering a User account:

Some of our Services are available to Registered users only. To register with the PanosFX website, You must fill in a registration form where You identify your name, your email address, and your preferred username and password for your User account. You will provide true, accurate, current, and complete information about You as requested in the registration form and/or in the order form, and will update the information to keep it current.

PanosFX reserves the right to refuse registration of, or remove, accounts it deems inappropriate, or any accounts that remain inactive over a long period.

7. Fees and Payments:

PanosFX reserves the right to modify its prices at any time with and/or without prior notice. The prices listed on the PanosFX website are exclusive of value-added tax (VAT), which applies to purchases made by private persons from any European Union (EU) country. The exact VAT amount will be displayed to the EU buyers prior to completing the payment, after they enter their billing information.

Payments are made via Stripe™ using a credit or debit card, or via PayPal™ using a credit or debit card or a PayPal™ account. PanosFX shall in no event be held responsible for the security of credit cardholder data given that PanosFX has no control of that data. Your transaction and the payment are directly operated by the online payment platform which manages the security of credit cardholder data. PanosFX is not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your order.

8. Product delivery:

Purchases made by logged-in Users: After payment, you'll receive an email with the download links at the email address you used to register. You can also access the Customer Panel via 'Customers > Customer Panel' to download your products.

Guest Purchases: The download links will be sent to the email address you provided during checkout.

9. Re-downloding the commercial add-ons:

Buyers can download the latest version of their products free of charge for a period of 12 months following the purchase date. When the free re-download period elapses, the buyer may purchase the latest product version at a discounted price determined by PanosFX.

10. Refunds:

PanosFX cannot deactivate or uninstall the software after it’s being downloaded, due to the nature of our add-ons for Adobe Photoshop. Therefore, the fees paid by You are generally non-refundable. You may ask for a refund if You haven’t downloaded the software. When You complete your payment You acknowledge that You have read and understood the minimum technical requirements listed on each product webpage, at the PanosFX website.

11. Privacy Policy:

We are committed to treating your personal information with the utmost care. Please read our Privacy Policy, which explains how we deal with your information. Our Privacy Policy forms part of these Terms.

12. Warranty disclaimer:

PANOSFX PROVIDES THE SERVICES ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW. PANOSFX SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES (OR ANY PART, FEATURE OR CONTENT THEREOF) ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE OR SECURE IN ANY WAY, SUITABLE FOR OR COMPATIBLE WITH ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT THEY WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU (INCLUDING IN ANY JURISDICTION IN WHICH YOU OPERATE), OR THAT THEIR OPERATION WILL BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS. MOREOVER, PANOSFX DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE (INCLUDING ANY THIRD PARTY PRODUCTS) MENTIONED ON OR MADE AVAILABLE VIA THE SERVICES – SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.

13. Limitation of liability:

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PANOSFX, ITS AGENTS, EXECUTIVE, OR EMPLOYEES BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU IN AN AMOUNT THAT COLLECTIVELY EXCEEDS THE FEES ACTUALLY PAID TO PANOSFX FOR THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PANOSFX, ITS AGENTS, EXECUTIVE, OR EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES EVEN IF PANOSFX, ITS AGENTS, EXECUTIVE, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification:

You hereby agree to defend, indemnify and hold PanosFX and its partners and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or Use, except to the extent the foregoing directly result from PanosFX’s own gross negligence or willful misconduct. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.

15. Miscellaneous:

15.1 Force Majeure

PanosFX will have no liability to You or any third party for any failure by PanosFX to perform its obligations under this Agreement in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of PanosFX, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.

15.2 Independent Contractors

No agency, partnership, joint venture or employment is created as a result of this Agreement, and You do not have any authority of any kind to bind PanosFX in any respect whatsoever.

15.3 Waiver

The failure of PanosFX to exercise or enforce any right or provision of these Terms or this Agreement will not constitute a waiver of such right or provision.

15.4 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

15.5 Assignment

You may not assign this Agreement without the prior written consent of PanosFX, which PanosFX may refuse in its sole discretion. Any attempt by You to assign this Agreement without prior written consent from PanosFX will be deemed null and void. PanosFX may assign this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the Parties, their respective successors and permitted assigns.

15.6 Applicable law – Assignment of Jurisdiction

The present Agreement is governed by the law of Bulgaria. In the event of a dispute between the Parties with regard to the performance of the Agreement, each Party shall do its best to settle such dispute by means of conciliation. Failing conciliation, the Parties agree to submit the dispute to the jurisdiction of the courts in Bulgaria, notwithstanding plurality of defendants or the introduction of third parties, emergency proceedings or summary procedures.