Terms of Service & Licence Agreement
Template notice. This document is a working draft. Before publishing, fill in the bracketed placeholders and have it reviewed by a qualified lawyer in your jurisdiction. Software licence terms vary considerably between countries, and consumer protection law may override parts of what is written here.
1. Who these terms are between
These terms form an agreement between you ("you") and [COMPANY LEGAL NAME], trading as CarveSoft, registered at [REGISTERED ADDRESS] ("we", "us", "CarveSoft"), governing your use of the Carve Data Recovery software, its documentation and any updates to them (together, the "Software").
By installing, activating or using the Software, you accept these terms. If you do not accept them, do not install or use the Software.
2. Licence granted to you
Subject to payment of the applicable fee and to these terms, we grant you a non-exclusive, non-transferable, revocable licence to install and use the Software on one computer at a time, for your own internal purposes.
- Free to try. You may install and use the Software without payment to scan devices and preview results. Recovery of files is limited as described on our website.
- One-year licence. The licence is granted for a fixed term of twelve (12) months from the date of purchase. It does not renew automatically, no further payment is taken at the end of the term, and we do not retain payment details for future charges. When the term expires, the Software reverts to the free-to-try licence.
- Lifetime licence. The licence is perpetual for the version purchased, and includes program updates for twelve (12) months from the date of purchase.
You may move an activated licence to a different computer, provided it is deactivated on the previous one. One licence does not permit simultaneous use on multiple computers.
3. What you may not do
- Copy, redistribute, sell, rent, lease or sublicense the Software, except as expressly permitted here.
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, except to the extent this restriction is prohibited by applicable law.
- Bypass, disable or circumvent licence enforcement, activation or copy protection.
- Remove or obscure any copyright, trademark or other proprietary notices.
- Use the Software to break the law, infringe anyone's rights, or access data you are not lawfully entitled to access.
4. Ownership
The Software is licensed, not sold. We and our licensors retain all right, title and interest in it, including all intellectual property rights. These terms grant you no rights other than those expressly stated.
5. No guarantee of recovery
The Software recovers data where recovery is technically possible. It cannot recover data that has been overwritten, encrypted without a key, erased by storage hardware, or lost to physical failure. We do not warrant that any particular file, folder or volume will be recovered, or that recovered files will be complete, uncorrupted or usable. Please use the free scan and preview functions to assess your situation before purchasing.
6. Your data and your responsibility
You are solely responsible for the devices you connect to the Software and for having the legal right to access their contents. You are responsible for saving recovered files to a different storage device. We are not responsible for data loss resulting from saving recovered files back onto the device being recovered, from continuing to use a failing drive, or from the use of other repair or "cleanup" utilities.
See our Privacy Policy for how we handle information about you.
7. Warranty disclaimer
To the maximum extent permitted by applicable law, the Software is provided "as is" and "as available", without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or that defects will be corrected.
Nothing in these terms excludes or limits any warranty or right you have under mandatory consumer protection law, including statutory rights in the country where you live.
8. Limitation of liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, loss of profits, loss of business, or business interruption, however caused and regardless of the theory of liability, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Software shall not exceed the amount you actually paid us for the licence in the twelve (12) months preceding the claim.
Nothing in these terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or for fraud.
9. Refunds
Refunds are governed by our Refund Policy, which forms part of these terms.
10. Termination
These terms remain in force until terminated. They terminate automatically if you breach them. We may also terminate them if we discontinue the Software, in which case a perpetual licence for a version you have already purchased continues to be usable. On termination you must stop using the Software and remove it from your systems.
11. Changes to these terms
We may update these terms to reflect changes to the Software or to the law. The version in force is the one published on this page, with the "last updated" date shown above. Material changes will be announced on our website. Continued use of the Software after a change means you accept the new terms.
12. Governing law
These terms are governed by the laws of [JURISDICTION], and the courts of [JURISDICTION] have exclusive jurisdiction over any dispute, without affecting any mandatory rights you have as a consumer in your country of residence.
13. Contact
[COMPANY LEGAL NAME]
[REGISTERED ADDRESS]
Email: [email protected]
14. Third-party trademarks
Windows is a trademark of Microsoft Corporation. Other product and company names mentioned in the Software or its documentation are the trademarks of their respective owners. CarveSoft is not affiliated with, endorsed by, or sponsored by any of them.