Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and The Mockup Factory ("Company," "we," "us," or "our") regarding your use of our Photoshop plugin, website, mockup templates, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes indicates your acceptance of the new Terms.

2. Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and complete

3. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms or appear to be fraudulent.

4. Subscription Plans and Payment Terms

4.1 Subscription Plans

We offer multiple subscription tiers with different features and pricing. By subscribing, you agree to pay the applicable subscription fees and any applicable taxes.

4.2 Billing and Payments

• Subscriptions are billed monthly in advance
• All payments are processed securely through Stripe
• You authorize us to charge your payment method for all applicable fees
• If payment fails, we may suspend your access until payment is received
• Prices are subject to change with 30 days' notice

4.3 Free Trials

We may offer free trial periods for new subscribers. You must provide valid payment information to start a trial. If you do not cancel before the trial ends, you will be automatically charged for the subscription.

4.4 Refund Policy

Due to the nature of digital products, all sales are final. We do not offer refunds except:

• In cases of technical issues that prevent use of the Service (refund within 14 days)
• Where required by applicable law
• At our sole discretion in exceptional circumstances

5. Cancellation and Termination

5.1 Your Right to Cancel

You may cancel your subscription at any time through your account dashboard. Upon cancellation:

• You will retain access until the end of your current billing period
• No refund will be issued for the remaining time in your billing period
• Your subscription will not automatically renew
• You will lose access to premium features and effects

5.2 Our Right to Terminate

We reserve the right to suspend or terminate your account and access to the Service if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You share your account credentials or attempt to circumvent subscription limits
• Payment fails and remains unpaid after notice
• We discontinue the Service (with 30 days' notice and pro-rata refund)

6. License and Usage Restrictions

6.1 Plugin License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the plugin on computers you own or control
• Process mockups for your own commercial or personal use
• Access and use premium effects included in your subscription tier

6.2 Mockup Template License

When you purchase or download mockup templates, you receive a license to:

• Use templates to create unlimited mockups for your business
• Modify templates for your own use
• Create and sell products using mockups generated from our templates

6.3 Prohibited Uses

You may NOT:

• Redistribute, resell, or sublicense the plugin, effects, or templates
• Share your account credentials with others
• Reverse engineer, decompile, or disassemble the plugin
• Remove or modify any copyright notices or branding
• Use the Service to create competing products or services
• Extract or attempt to extract premium effects files
• Sell or distribute our mockup templates as standalone products
• Use the Service for any illegal or unauthorized purpose
• Share premium templates with non-subscribers

7. Trade Secrets and Confidential Information

7.1 Acknowledgment of Trade Secrets

You acknowledge and agree that the Service contains valuable trade secrets and confidential proprietary information belonging to The Mockup Factory, including but not limited to:

• Premium effect presets, layer styles, and visual effects algorithms
• The specific configuration, parameters, and settings of our engraving and print effects
• Effect files including but not limited to .asl (Adobe Style Library) files and related assets
• Software code, architecture, and processing methods
• Proprietary techniques for achieving realistic material-specific visual effects
• Any technical documentation, specifications, or methodologies

These trade secrets represent substantial investment in research, development, and creative effort, and derive independent economic value from not being generally known.

7.2 Confidentiality Obligations

You agree to:

• Maintain the strict confidentiality of all trade secrets and confidential information
• Not disclose, publish, or otherwise reveal any trade secrets to any third party
• Not use trade secrets for any purpose other than your authorized use of the Service
• Take all reasonable precautions to prevent unauthorized access to or disclosure of trade secrets
• Immediately notify us if you become aware of any unauthorized disclosure or use

7.3 Reverse Engineering Prohibition

You expressly agree that you will NOT:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or structure of the plugin or any component thereof
• Attempt to extract, isolate, copy, or recreate our premium effects, layer styles, or visual presets
• Use any tools, scripts, or methods to analyse, decode, or replicate our effect configurations
• Monitor, intercept, or capture any data transmitted between the plugin and our servers
• Attempt to bypass, disable, or circumvent any security measures, authentication systems, or access controls
• Access or attempt to access any systems, data, or information not intended for your use
• Create derivative works based on our proprietary effects or techniques
• Assist, encourage, or enable any third party to do any of the foregoing

7.4 Effect Files Protection

Our premium effect files (including .asl files and related assets) are protected trade secrets. You acknowledge that:

• Effect files are licensed, not sold, and remain our exclusive property
• You are granted only a limited right to use effects through the plugin during your active subscription
• You may not copy, extract, export, share, or distribute effect files in any form
• You may not load our effect files into any application other than through our authorised plugin
• Upon termination of your subscription, your right to use premium effects immediately ceases
• Any attempt to extract or replicate our effects constitutes misappropriation of trade secrets

7.5 Survival

Your obligations regarding trade secrets and confidential information shall survive the termination of these Terms and your subscription indefinitely, or until such information becomes publicly known through no fault of yours.

8. Intellectual Property Rights

8.1 Our Property

The Service, including the plugin, website, mockup templates, premium effects, branding, and all related intellectual property, is owned by The Mockup Factory and protected by copyright, trademark, trade secret, and other intellectual property laws. Your use of the Service does not grant you ownership of any intellectual property rights.

8.2 Your Content

You retain all rights to designs and content you create using our Service. We do not claim ownership of your work. However, by using the Service, you grant us a limited license to:

• Process your designs through our plugin
• Collect anonymous usage statistics
• Display your mockups in our gallery (only with your explicit permission)

8.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to compensate you.

9. User Responsibilities and Conduct

You are responsible for:

• Ensuring you have Adobe Photoshop installed and properly licensed
• Maintaining adequate backups of your work
• Ensuring your designs do not infringe on third-party rights
• Complying with all applicable laws in your use of the Service
• Securing your computer and internet connection

We are not responsible for any loss of data, designs, or work resulting from your use of the Service.

10. Service Availability and Modifications

We strive to provide reliable service, but we do not guarantee that:

• The Service will be available at all times without interruption
• The Service will be error-free or bug-free
• Defects will be corrected within any specific timeframe
• The Service will meet your specific requirements

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We may perform scheduled maintenance that temporarily limits access.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR AVAILABILITY

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MOCKUP FACTORY SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• COST OF SUBSTITUTE SERVICES
• BUSINESS INTERRUPTION

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR £100, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Mockup Factory, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you create using the Service
• Any breach of confidentiality or misappropriation of trade secrets

14. Remedies for Violations

14.1 Irreparable Harm

You acknowledge that any breach of the trade secret, confidentiality, or reverse engineering provisions of these Terms would cause irreparable harm to The Mockup Factory for which monetary damages would be inadequate. Accordingly, you agree that we shall be entitled to seek equitable relief, including injunction and specific performance, in addition to any other remedies available at law or in equity, without the requirement of posting a bond.

14.2 Immediate Termination

Any violation of Section 7 (Trade Secrets and Confidential Information) shall result in immediate termination of your account and all licenses granted under these Terms, without refund.

14.3 Legal Action

We reserve the right to pursue all available legal remedies against any person or entity that misappropriates our trade secrets, including but not limited to claims under the Trade Secrets (Enforcement, etc.) Regulations 2018, the common law of confidence, and any other applicable laws.

15. Dispute Resolution

15.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at support@themockupfactory.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

15.3 Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of England and Wales, and you consent to the personal jurisdiction of such courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Mockup Factory regarding the Service.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, or internet failures.

17. Contact Information

If you have questions about these Terms, please contact us: