Contour Terms and Conditions

Effective Date: August 18, 2025
Developer: Cullen Kelly Color
Contact: admin@cullenkellycolor.com
Website: https://cullenkellycolor.com

1. Acceptance of Terms
By downloading, installing, or using the OFX plugin (“Plugin”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, do not install or use the Plugin.

2. License Grant
Subject to your compliance with these Terms, Cullen Kelly Color grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Plugin solely for purposes outlined in Section 3. This license is granted per individual or per studio, as purchased, and does not permit use by multiple users or on multiple machines without separate licenses.

3. Permitted Uses
You may use the Plugin only for the following purposes:
Client Work: Professional color grading services performed for clients.
Internal Projects: Projects created by or for your employer or organization for internal use.
Personal Projects: Non-commercial personal creative projects.
Any other use, including commercial product creation, redistribution, or modification, is strictly prohibited.

4. Prohibited Uses
You are expressly prohibited from:
Commercial Product Creation: Using the Plugin to create, develop, or contribute to any standalone commercial products, software, presets, LUTs, or other tools that are sold, licensed, or distributed to third parties.
Redistribution: Sharing, distributing, sublicensing, or transferring the Plugin to any third party.
Reverse Engineering: Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Plugin.
Modification: Modifying, adapting, or creating derivative works based on the Plugin.
Rental/Lending: Renting, leasing, or lending the Plugin to others.

5. Refund Policy
Cullen Kelly Color offers refunds under the following conditions:
Within 24 Hours: If you request a refund within 24 hours of purchase and have not exported any LUTs, a refund will be issued.
Within 3 Days (License Not Activated): If you request a refund within approximately three days of purchase and have not activated your license, a refund may be granted at the discretion of Cullen Kelly Color.
Refunds will be processed in the original form of payment, subject to any bank or currency conversion fees if applicable.

6. Ownership and Intellectual Property
All rights, title, and interest in and to the Plugin and its underlying intellectual property remain the exclusive property of Cullen Kelly Color. No ownership rights are transferred under this license.
All trademarks, service marks, logos, and trade names associated with the Plugin remain Cullen Kelly Color’s property. Use without prior written permission is strictly prohibited.

7. Payment and Refunds
Payment must be completed before Plugin access is granted.
All sales are final unless otherwise required by law.
Refunds may be considered on a case-by-case basis within 30 days of purchase for technical incompatibility issues.
International refunds will be issued in USD and may incur bank or currency conversion fees.

8. Technical Requirements and Compatibility
You are responsible for ensuring your system meets the Plugin’s technical requirements.
Cullen Kelly Color does not guarantee compatibility with all versions of DaVinci Resolve or other OFX-compatible software.
The Plugin is designed for use with DaVinci Resolve and other OFX-compatible applications.

9. Updates and Support
Cullen Kelly Color may provide updates to the Plugin at its discretion.
Minor updates, including quality-of-life improvements, will be provided at no additional charge.
Major feature updates may be provided at Cullen Kelly Color’s discretion, with any fees for such updates determined by Cullen Kelly Color.
Cullen Kelly Color reserves the right to discontinue support or updates at any time.
Technical support is offered on a best-effort basis and may be discontinued at any time.

10. Warranty Disclaimer
THE PLUGIN IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CULLEN KELLY COLOR DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION.

11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CULLEN KELLY COLOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY.
TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PLUGIN.
You are responsible for backing up all project files; Cullen Kelly Color is not liable for data loss.

12. Termination
This license remains effective until terminated by Cullen Kelly Color.
Cullen Kelly Color may terminate your license for any of the following reasons: Breach of these Terms, Non-payment, or failure to meet payment obligations
Upon termination by Cullen Kelly Color, you must cease all use of the Plugin and delete all copies.

13. Export Control
You acknowledge that the Plugin may be subject to U.S. export laws and other applicable import/export regulations. You agree to comply with all applicable export and import laws.

14. Governing Law, Dispute Resolution, and Jurisdiction
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
Any disputes may first be submitted to binding arbitration in California under the rules of the American Arbitration Association.
Failing resolution by arbitration, disputes fall under the exclusive jurisdiction of California courts.

15. Indemnification
You agree to indemnify and hold harmless Cullen Kelly Color from any claims, damages, or liabilities arising from your breach of these Terms or misuse of the Plugin.

16. Data Collection and Usage Analytics
By using the Plugin, you acknowledge and agree that Cullen Kelly Color may periodically collect usage data related to the Plugin’s functionality and performance. This data is strictly limited to non-sensitive, non-proprietary, and non-confidential information, such as feature usage statistics, performance metrics, and crash reports.
Collected data is used solely for improving the Plugin, troubleshooting issues, and enhancing user experience. Cullen Kelly Color does not sell, share, or distribute this data to third parties for marketing purposes.

17. Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

18. Changes to Terms
Cullen Kelly Color may modify these Terms at any time. Continued use of the Plugin after changes constitutes acceptance of the modified Terms.

19. Contact Information
For questions regarding these Terms or the Plugin:

Cullen Kelly Color
Email: admin@cullenkellycolor.com
Website: https://cullenkellycolor.com