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Terms of Service

Legal & Licensing

Terms of Service

Straightforward, transparent terms governing the use of the PhenoCapture AI software application, website, and perpetual licensing plans.

Last Updated: November 9, 2026

Welcome to PhenoCapture AI (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website located at https://phenocapture.com (the “Website”) and our native Windows desktop software application, PhenoCapture AI, including all related editions, documentation, and services (collectively, the “Software” or “Services”).

By downloading, installing, activating, or using the Software, or by accessing our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or Software.

🖥️ 1. Overview of the Software

PhenoCapture AI is a native Windows desktop application (designed for Windows 10 and Windows 11 x64) providing digital image processing, computer vision, on-device deep learning inference, live camera control, quantitative scientific analysis, and script automation. The Software is engineered to execute image processing and AI workflows locally on your computer without requiring cloud uploads of your visual data.

📋 2. License Editions and Eligibility

We offer distinct licensing tiers tailored to specific user groups. By using the Software, you represent and warrant that you meet the eligibility criteria for your selected edition:

2.1. Free Evaluation / Community Edition

  • Eligibility: Strictly limited to Personal, Academic, or Non-Profit use (including accredited universities, colleges, academic research institutes, students, faculty members, registered NGOs/charities, and independent hobbyists for non-commercial projects).
  • Usage Quota: Provides 100% unlocked access to features and neural models for evaluation and non-commercial use, subject to a combined daily quota of up to five (5) Save and Copy operations per day (resetting every 24 hours).

2.2. Pro License (Standard Perpetual License)

  • Eligibility: Offered under subsidized terms exclusively for Personal, Academic, or Non-Profit use as defined above. For-profit commercial enterprises, corporations, and hardware manufacturers seeking OEM bundling are strictly ineligible for this tier and must obtain an Enterprise & OEM License.
  • Grant of License: Subject to your payment of applicable fees and compliance with these Terms, we grant you a perpetual, non-exclusive, non-transferable (except as expressly permitted below) license to install and use the Software on one (1) single computer at a time, with unlimited daily Save and Copy operations and clean exports without watermarks.

2.3. Enterprise & OEM License

  • Eligibility: Required for for-profit corporations, commercial enterprises, and hardware manufacturers/OEMs bundling the Software with physical equipment (such as optical instruments, laboratory microscopes, or cameras).
  • Scope: Governed by separate volume licensing, site license, or OEM agreement terms executed between your organization and us.

⚠️ 3. Product Activation and Device Transfer Policy

To upgrade from the Trial Edition to the Pro Edition, you must activate the Software (via Help → Activate Product) using your registered email address and the permanent Serial Key issued upon purchase:

  • Hardware Binding: Activating the Software binds your Serial Key and registered email address to that specific physical computer.
  • Safe Reinstallation: You may format your drive or reinstall Windows on the same physical computer at any time. This allows for safe reactivation and will NOT consume your transfer limits.
  • Device Transfers (Up to 3 Times): When you purchase a new computer or replace major hardware components (e.g., motherboard), you may transfer and reactivate your license on a new PC up to three (3) times over the lifetime of the license.
  • Prohibition on Sharing: You may not share, publish, distribute, sell, or sublicense your Serial Key to any third party. Any unauthorized sharing or circumvention of the activation system will result in immediate revocation of your license without refund.

💳 4. Payments, Merchant of Record, and Billing (Coming Soon)

Our online order process is conducted by our authorized online reseller and Merchant of Record, Lemon Squeezy (lemonsqueezy.com). Lemon Squeezy provides customer service inquiries for billing and handles returns regarding payment processing.

  • By purchasing a license, you agree to provide current, complete, and accurate purchase and billing information.
  • Applicable taxes (such as VAT, GST, or sales tax) are automatically calculated and collected by Lemon Squeezy based on your location at checkout.

🔄 5. Refund Policy

Because PhenoCapture AI offers a Free Evaluation Edition with 100% unlocked features so that users can thoroughly test hardware compatibility, camera drivers, OpenVINO/CPU acceleration, and AI models prior to purchase, we strongly encourage you to evaluate the Software on your system before buying a Pro License.

  • Unactivated Serial Keys (14-Day Refund Window): If you have purchased a Pro License Serial Key and have not yet activated it on any computer, you may request a full refund within fourteen (14) days of the date of purchase.
  • Activated Serial Keys (Non-Refundable): Once a Serial Key has been activated and bound to a computer, the purchase is final and non-refundable, as perpetual digital software licenses cannot be returned once redeemed.
  • Technical Exceptions: If you experience a critical, reproducible technical defect that prevents the Software from functioning as described on a supported Windows 10/11 system, and our engineering support team is unable to provide a workaround or hotfix within a reasonable timeframe after receiving your diagnostic details, we may approve a refund at our sole discretion.

To request a refund under these conditions, please contact us with your order receipt and registered email address.

🚫 6. Usage Restrictions

You agree that you will not, and will not permit any third party to:

  1. Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, or neural network weights of the Software.
  2. Modify, adapt, translate, or create derivative works based upon the Software.
  3. Bypass, disable, tamper with, or circumvent the daily Save/Copy quota mechanism, license activation system, or security features of the Software.
  4. Remove, alter, or obscure any proprietary notices, labels, or copyright marks on the Software or Website.
  5. Use the Software for any illegal, harmful, or unauthorized purpose in violation of applicable local or international laws.

©️ 7. Intellectual Property Rights

  • Our Intellectual Property: The Software, including its user interface, image processing engine, source code, integrated neural models, documentation, and all content on the Website, is owned by PhenoCapture AI and its developer, and is protected by international copyright and intellectual property laws. You are granted a license to use the Software, not ownership of the Software itself.
  • Your Content and Outputs: Because PhenoCapture AI executes locally on your computer, we do not claim any ownership rights over the images, documents, videos, scripts, or research data you import into, process with, or export from the Software. You retain full ownership and responsibility for your own data and generated outputs.

⚖️ 8. Disclaimer of Warranties & Limitation of Liability

Disclaimer of Warranties: THE SOFTWARE AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF SCIENTIFIC OR QUANTITATIVE MEASUREMENTS, AND NON-INFRINGEMENT. While PhenoCapture AI is engineered with rigorous scientific precision, you are solely responsible for verifying the accuracy and suitability of any quantitative measurements, image restorations, OCR outputs, or AI inferences generated by the Software, particularly when used in academic publications, laboratory assays, medical contexts, or industrial applications. The Software is not a certified medical diagnostic device.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHENOCAPTURE AI OR ITS DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, RESEARCH RESULTS, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR WEBSITE. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

🌐 9. Governing Law & Updates to Terms

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Software shall be submitted to the exclusive jurisdiction of the competent courts in the Republic of Korea.

Changes to Terms: We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page with an updated revision date. Your continued use of the Website or Software after any modifications indicates your acceptance of the updated Terms.

✉️ 10. Contact Information

If you have any questions about these Terms, licensing inquiries, or technical support requests, please reach out to us:

✉️ Email: [email protected]

🔗 Contact Page: https://phenocapture.com/contact/