Terms of Service

1. Acceptance of Terms

By purchasing, downloading, or using FamilyCodex software ("the Software"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not purchase or use the Software.

2. License Grant

2.1 Software License

Upon purchasing a valid license, we grant you a non-exclusive, non-transferable, revocable license to install and use the Software according to your purchased license tier (Free, Starter, Pro, or Enterprise).

2.2 Self-Hosted Nature

FamilyCodex is self-hosted software. This means:

• You download and install the Software on your own server or hosting environment
• You are responsible for your server, hosting, backups, and data security
• We provide the software and support, but do not host your data
• You maintain complete control over your installation and data

2.3 License Tiers

• Free License: Basic features for personal, non-commercial use. No payment required, no license key needed.
• Paid Licenses (Starter, Pro, Enterprise): Annual subscription with enhanced features. License key required for activation.

3. License Restrictions

You may NOT:

• Redistribute, resell, or sublicense the Software
• Remove or modify any copyright, trademark, or proprietary notices
• Reverse engineer, decompile, or disassemble the Software (except as permitted by law)
• Use a single license on multiple production installations
• Share your license key with others
• Use the Software to provide SaaS or hosting services to third parties without an Enterprise license

4. Payments and Billing

4.1 Pricing

All pricing is listed in AUD (Australian Dollars) and USD (United States Dollars). Paid licenses are billed annually on the anniversary of your purchase date.

4.2 Payment Processing

Payments are processed securely through Stripe. We do not store your credit card information on our servers.

4.3 Renewals

Annual licenses do not auto-renew. You will receive renewal reminder emails before your license expires. Your license key will continue to work indefinitely, but you will not receive updates or support after expiration unless you renew.

4.4 Refund Policy

We offer a 30-day money-back guarantee for all paid licenses. If you're not satisfied with the Software, request a refund within 30 days of purchase. After 30 days, licenses are non-refundable. Refunds are processed to the original payment method.

5. Updates and Support

5.1 Software Updates

Paid licenses include free software updates for the duration of the active license period. After expiration, you may continue using your current version but will not receive updates until you renew.

5.2 Support

Support is provided via our ticket system. Support levels vary by license tier:

• Free: Community support via documentation and forums
• Starter: Email support with 48-hour response time
• Pro: Priority email support with 24-hour response time
• Enterprise: Priority support with custom SLA

6. Data and Privacy

6.1 Your Data Ownership

You own all data you store using the Software. This includes all family tree data, photos, documents, and GEDCOM files. We do not have access to this data because it is stored on your server.

6.2 Our Data Collection

We only collect:

• Account information (name, email, billing details)
• License and order history
• Support ticket communications
• Website analytics (anonymized)

See our Privacy Policy for complete details.

6.3 Your Responsibilities

You are responsible for:

• Securing your server and installation
• Implementing regular backups
• Complying with applicable privacy laws (GDPR, CCPA, etc.) for data you collect
• Managing user permissions and access control
• Ensuring HTTPS/SSL encryption for your installation

7. Acceptable Use

You agree NOT to use the Software for:

• Any illegal purpose or in violation of any laws
• Collecting or storing data without proper consent
• Harassing, abusing, or harming others
• Distributing malware or viruses
• Attempting to compromise the security of other systems

8. Intellectual Property

8.1 Our Rights

FamilyCodex, its logo, design, and all related intellectual property are owned by us. The Software is licensed, not sold. We retain all rights not explicitly granted in these Terms.

8.2 Third-Party Components

The Software may include open-source components licensed under various open-source licenses. These components remain subject to their original licenses.

9. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• ACCURACY OR RELIABILITY OF DATA

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the Software in the 12 months prior to the claim
• We are not responsible for data loss, server failures, or issues with your hosting environment
• We are not liable for damages arising from your failure to backup data or secure your installation

11. Termination

11.1 Termination by You

You may stop using the Software at any time. License fees are non-refundable after the 30-day guarantee period.

11.2 Termination by Us

We may suspend or terminate your license if you:

• Violate these Terms
• Use the Software for illegal purposes
• Engage in fraudulent activity
• Redistribute or resell the Software without authorization

11.3 Effect of Termination

Upon termination:

• Your license to use the Software is revoked
• Your license key will be deactivated
• You must cease using the Software
• Your data remains on your server (you maintain access)

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the customer portal. Continued use of the Software after changes constitutes acceptance of the new Terms.

For non-material changes (typos, clarifications), we will update the "Last Updated" date without notification.

13. Governing Law

These Terms are governed by the laws of Australia. Any disputes shall be resolved in the courts of Australia. If any provision of these Terms is found to be invalid, the remaining provisions shall remain in full effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FamilyCodex regarding the Software. They supersede all prior agreements, communications, and proposals.

15. Contact Us

For questions about these Terms of Service, please contact us:

• Email: support@familycodex.org
• Support Portal: Submit a ticket

16. License Compliance

By purchasing a license, you agree that:

• Your license key is unique to your purchase and installation
• We may audit license usage to ensure compliance
• Violation of license terms may result in immediate termination without refund
• You will promptly report any unauthorized use of your license key