Terms of Service

1. Introduction

These terms of service (the “Terms”) govern your use of the website at stamp.xyz (the “Website”) and the Stamp, Stamp Player and Pocket Stamp applications, together with any updates to them (the “Applications”, and with the Website, the “Software”).

The Software is provided by Artifice Industries Ltd, a company registered in England and Wales under company number 10211574 (“we”, “us” or “our”). Our registered office address is set out in our Privacy Policy.

By accessing the Website or installing or using an Application you agree to be bound by these Terms. If you do not agree to these Terms you must not use the Software.

The Applications are distributed through the Apple App Store. Your licence to use them is granted by us under Apple’s Licensed Application End User License Agreement (the “Apple EULA”), which these Terms supplement. Your App Store account, and the payment, renewal, cancellation and refund of any purchase made through it, are governed by Apple’s Media Services Terms and Conditions, which is an agreement between you and Apple.

2. Licence

The Applications are licensed to you on the terms of the Apple EULA. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Website for its intended purpose.

3. Acceptable Use

You must not:

• use the Software in any way that breaches any applicable law or regulation, or for any unlawful or fraudulent purpose;
• attempt to circumvent, disable or interfere with any security feature of the Software, including any feature that enforces the entitlements described in section 5; or
• use the Software in any manner that could damage, disable, overburden or impair the Software or interfere with any other person’s use of it.

4. Connected Features

Certain features of the Software communicate over a network with other devices, systems and applications, including lighting consoles, media servers and other Applications (the “Connected Features”). The devices, systems and networks with which the Connected Features communicate are not operated by us and are not under our control.

You are solely responsible for ensuring that you are authorised to connect to, receive data from, control or otherwise interact with any device, system, session or network that you use the Connected Features with. In particular, you must not use the Connected Features to:

• access, monitor, control or join any device, system, session or network without the authorisation of its owner or operator;
• interfere with, disrupt or degrade any other person’s capture, session, device or network; or
• misrepresent the identity of yourself, your device or any other person or device.

Where a Connected Feature allows another person to connect to you, you are responsible for deciding whether to accept that connection, and any data that person transmits remains that person’s responsibility.

We do not warrant that any Connected Feature will interoperate with any particular device, system or network, or that data received through a Connected Feature is accurate, complete or timely. The performance of a Connected Feature depends upon equipment, software and networks outside our control.

5. Purchases and Subscriptions

Stamp Player and Pocket Stamp are provided free of charge. Stamp may be used free of charge, and offers the following optional in-app purchases (together, the “Purchases”). The two Purchases are independent of one another: neither is required for the other, and an entitlement acquired under one is not limited or affected by the other.

5.1 Stamp Pro

Stamp Pro is a one-time, non-consumable purchase. It unlocks overlays, additional audio tracks, Control and every protocol implemented in Stamp, together with any further feature that we subsequently designate as part of Stamp Pro. Stamp Pro does not expire and does not renew.

5.2 Integrations

Integrations is an auto-renewing subscription, available with a monthly or an annual subscription period. The current price of each subscription is displayed in Stamp and on the App Store before you confirm a purchase.

• Payment is charged to your Apple Account on confirmation of purchase.
• The subscription renews automatically at the end of each subscription period, for a further period of the same length, unless it is cancelled at least 24 hours before the end of the current period.
• Your Apple Account is charged for renewal within the 24 hours before the end of the current period. Apple will notify you in advance of any change to the price.
• You may cancel the subscription at any time in the subscription settings of your Apple Account. Cancellation takes effect at the end of the current subscription period, and no refund is given for the remainder of that period.
• On expiry of the subscription no further integrations may be activated, and any integrations that are active are deactivated, save that no deactivation takes effect during a capture in progress. Expiry does not affect any file you have already captured.

5.3 General

All Purchases are made through the App Store and are processed by Apple. We do not receive or store your payment details. Purchases are associated with the Apple Account used to make them and may be restored on another device signed in to the same Apple Account without further charge.

6. Refunds

Because Purchases are processed by Apple, refunds are administered by Apple under Apple’s own refund policy and not by us. Requests for a refund must be made to Apple at reportaproblem.apple.com. We are unable to issue a refund, to view the status of a refund request, or to vary any decision made by Apple.

Where Apple refunds or otherwise revokes a Purchase, the corresponding entitlement is withdrawn from the Application once the Application is notified of the revocation by the App Store, save that no withdrawal takes effect during a capture in progress.

Nothing in this section affects any statutory right you may have against us.

7. Intellectual Property

Stamp® is a registered trade mark of Sam Smallman, used under licence. The Software and all content forming part of it, including its software code, design, text, graphics and documentation, are owned by us or our licensors and are protected by copyright and other intellectual property laws.

You retain ownership of all files, captures, notes and other content that you create using the Software. We claim no rights in that content.

8. Disclaimer of Warranties

The Software is provided “as is” and “as available”. To the fullest extent permitted by law, we exclude all conditions, warranties, representations and other terms, whether express or implied, including any implied warranty of satisfactory quality, fitness for a particular purpose or non-infringement. We do not warrant that the Software will be uninterrupted, timely, secure or free from errors, or that any defect will be corrected.

9. Limitation of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

Subject to the foregoing, to the fullest extent permitted by law, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, business, goodwill or data, arising out of or in connection with the Software or these Terms, even if we have been advised of the possibility of such loss.

The Software stores your captures and files locally on your device and does not maintain a copy of them. You are responsible for maintaining your own backups of any captures and files that you create using the Software.

If you are a consumer, nothing in these Terms affects your statutory rights.

10. Termination

These Terms remain in force until terminated. We may terminate or suspend your licence immediately if you breach any provision of these Terms. On termination, all rights granted to you under these Terms cease and you must stop using the Software. Sections 7, 8, 9 and 12 survive termination.

11. Changes to These Terms

We may amend these Terms from time to time. The current version is published on this page, together with the date on which it was last updated. Your continued use of the Software after an amendment is published constitutes your acceptance of the amended Terms.

12. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, save that if you are a consumer resident elsewhere in the United Kingdom you may also bring proceedings in the courts of the part of the United Kingdom in which you reside.

13. General

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. No failure or delay by us in exercising any right under these Terms shall operate as a waiver of that right. These Terms, together with the Apple EULA, constitute the entire agreement between you and us in relation to the Software and supersede any prior agreement or understanding relating to it.

14. Contact

Questions about these Terms may be sent to legal@stamp.xyz.