1. Agreement to These Terms

These Terms of Service ("Terms") are a legal agreement between you and Out of Gamut Studios LLC ("Out of Gamut Studios," "we," "us," or "our").

These Terms govern your access to and use of outofgamutstudios.com , our online store, customer accounts, software downloads, support services, and related content or services.

By accessing our website, creating an account, placing an order, downloading a product, or using our services, you agree to these Terms. If you do not agree, do not use the website or services.

2. Eligibility

You must have the legal capacity to enter into a binding agreement to make a purchase or use services that require an account.

If you use the website or make a purchase on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.

3. Website Information

We make reasonable efforts to keep product descriptions, images, pricing, compatibility information, and other website content accurate and current.

However, typographical errors, technical inaccuracies, omissions, or outdated information may occasionally occur. We may correct errors or update website content at any time.

4. Products and Services

Out of Gamut Studios may offer software, plugins, licenses, downloadable files, documentation, creative services, educational content, and other digital or professional products and services.

Product availability, features, compatibility, pricing, and included materials may change. Any material change affecting an existing purchase will be handled according to the terms that applied when the purchase was made and applicable law.

Custom photography, printing, post-production, design, consulting, or other professional services may be governed by a separate proposal, estimate, statement of work, or client agreement.

5. Orders and Order Acceptance

Submitting an order does not guarantee acceptance. We may reject, limit, or cancel an order when reasonably necessary because of:

• Incorrect product or pricing information
• Suspected fraud or unauthorized payment activity
• Violation of purchase or license limits
• Technical or availability problems
• Legal or regulatory requirements
• Misuse of promotions, discounts, or customer accounts

If payment has already been collected for an order we cancel, the applicable amount will be refunded to the original payment method.

6. Pricing, Payments, and Taxes

Prices are displayed in the currency indicated during checkout. You agree to pay the price, applicable taxes, and any other charges disclosed before completing your purchase.

Payments may be processed by Squarespace and third-party payment providers. Your use of their services may also be subject to their respective terms and privacy policies.

You represent that you are authorized to use the payment method submitted with your order.

7. Digital Delivery

Digital products may be delivered through a download link, customer account, activation email, Control Center, or another electronic delivery method identified at purchase.

You are responsible for providing an accurate email address, maintaining access to that address, and downloading purchased materials within any stated availability period.

Download links, installer packages, activation codes, and account credentials are provided to the purchaser and may not be shared, published, resold, or distributed unless expressly authorized.

8. Software Licenses

Software purchased or downloaded from Out of Gamut Studios is licensed, not sold.

Installation, activation, and use of a software product are governed by the End User License Agreement applicable to that product.

NegCraft is governed by the NegCraft End User License Agreement .

If these Terms conflict with a product-specific End User License Agreement concerning the use of that software, the product-specific agreement controls.

9. Customer Accounts and Security

You are responsible for maintaining the confidentiality and security of your customer account, password, activation codes, license information, and download links.

You are responsible for activity performed through your account unless caused by a security failure within systems controlled by Out of Gamut Studios.

Notify us promptly if you believe your account, purchase, or license information has been lost, stolen, or used without authorization.

10. Acceptable Use

You may not use our website, products, or services to:

• Violate any applicable law or regulation
• Commit or facilitate fraud
• Infringe intellectual-property or privacy rights
• Distribute malware or harmful code
• Interfere with website, store, licensing, or security systems
• Attempt unauthorized access to accounts, systems, or data
• Scrape or collect information through unauthorized automated means
• Misrepresent your identity or relationship with another person
• Share, resell, or distribute licenses without authorization
• Circumvent purchase, activation, device, or license restrictions

11. Intellectual Property

The website and its contents, including software, code, graphics, photographs, videos, text, documentation, product names, logos, designs, and other materials, are owned by Out of Gamut Studios or used with permission.

These materials are protected by copyright, trademark, and other intellectual-property laws. Except as expressly permitted, you may not copy, reproduce, modify, distribute, display, sell, license, or create derivative works from them without written permission.

Purchasing a product does not transfer ownership of Out of Gamut Studios intellectual property.

12. Customer Content and Communications

You retain ownership of materials you provide to us for support, evaluation, or professional services.

You grant us permission to access and use those materials only as reasonably necessary to provide the requested service, respond to your request, troubleshoot a problem, or meet our legal obligations.

You represent that you have the rights and permissions necessary to provide those materials to us.

13. Refunds

Refund eligibility and procedures for products purchased directly from Out of Gamut Studios are described in our Refund Policy.

Purchases made through another seller or marketplace may be subject to that seller's refund procedures.

14. Privacy

Our collection and use of personal information are described in our Privacy Policy.

15. Third-Party Products and Services

Our website and products may link to, integrate with, or require products or services provided by third parties, including Adobe, Squarespace, payment processors, and hosting providers.

Third-party products and services are governed by their own terms and policies. We do not control and are not responsible for independently operated third-party services.

Adobe and Photoshop are trademarks or registered trademarks of Adobe Inc. Out of Gamut Studios is not affiliated with, endorsed by, or sponsored by Adobe.

16. Service Availability and Changes

We may maintain, update, modify, suspend, or discontinue parts of the website or services when reasonably necessary.

We do not guarantee uninterrupted or error-free availability. Temporary interruptions may occur because of maintenance, security incidents, internet conditions, service-provider failures, or circumstances outside our reasonable control.

17. Disclaimer of Warranties

To the fullest extent permitted by law, the website, store, and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the fullest extent permitted by applicable law.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, these exclusions apply only to the fullest extent permitted by law.

18. Limitation of Liability

To the fullest extent permitted by law, Out of Gamut Studios LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the website, products, services, purchases, downloads, or these Terms.

To the fullest extent permitted by law, our total aggregate liability arising from or relating to a transaction will not exceed the amount you actually paid to Out of Gamut Studios for the product or service giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be excluded or limited.

19. Suspension and Termination

We may suspend or terminate access to an account, download, activation service, or other service when reasonably necessary to address fraud, abuse, security threats, payment disputes, license sharing, circumvention, or a material violation of these Terms.

Termination of website or account access does not eliminate obligations that by their nature should survive, including payment, intellectual-property, warranty, liability, and dispute provisions.

20. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles.

Nothing in these Terms deprives a consumer of mandatory protections provided by the laws of the jurisdiction in which the consumer resides.

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

22. Waiver

A failure or delay by Out of Gamut Studios to enforce any provision of these Terms does not waive our right to enforce that or another provision later.

23. Changes to These Terms

We may update these Terms to reflect changes in our products, services, business practices, or legal obligations.

Revised Terms will be posted on this page with an updated revision number or effective date. Changes will apply prospectively unless applicable law requires otherwise.

24. Entire Agreement

These Terms, together with any applicable product-specific End User License Agreement, Privacy Policy, Refund Policy, purchase terms, and separately executed service agreement, constitute the applicable agreement between you and Out of Gamut Studios.

If these documents conflict, the more specific agreement controls for its particular subject matter.

25. Contact