Terms of Service — General Conditions of Sale
Conditions Générales de Vente (CGV)
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and Deep-5 SAS ("Deep-5", "we", "us"), governing the purchase and use of the DUSK LAB software product. By purchasing, downloading, installing, or using DUSK LAB, you agree to be bound by these Terms. If you do not agree, do not purchase or use the software.
1. Seller Identification
| Company | Deep-5 SAS |
| Registered address | 60 avenue François 1er, 75008 Saint-Cloud, France |
| RCS | RCS Paris XXX XXX XXX |
| VAT | FR XX XXX XXX XXX |
| Contact | contact@deep-5.com |
2. Product Description
DUSK LAB is a professional black-and-white photography development software application. It provides Zone System controls, film simulation, chemical toning, grain engine, professional framing, and export capabilities for discerning photographers.
3. License Grant
Upon valid purchase, Deep-5 grants you a:
- Perpetual — The license does not expire
- Non-exclusive — The same software may be licensed to others
- Non-transferable — You may not transfer, sell, or sublicense to another person or entity
- Single-user — One natural person per license
You may install and use DUSK LAB on multiple devices that you personally own or control, provided that you are the sole user. For the complete license terms, please refer to the End User License Agreement (EULA).
4. Pricing and Payment
4.1 Price
The DUSK LAB perpetual license is sold at a price of €129 EUR (one hundred twenty-nine euros), inclusive of applicable taxes. This price is valid as of the date shown at the top of this document. Deep-5 reserves the right to modify the price at any time; however, any price change will not affect licenses already purchased.
4.2 Payment Processing
All payments are processed by Lemon Squeezy, which acts as the merchant of record. Lemon Squeezy handles payment processing, invoicing, VAT collection and remittance, and refund processing. By completing a purchase, you also agree to Lemon Squeezy's terms of service. Deep-5 does not directly handle or store your payment information.
4.3 Invoicing
An invoice will be issued electronically by Lemon Squeezy and sent to the email address provided at the time of purchase. This invoice constitutes proof of purchase and is required to exercise your warranty or withdrawal rights.
5. Free Trial
Deep-5 offers a 15-day free trial of DUSK LAB. The trial provides access to the full functionality of the software. No payment information is required to begin the trial. At the end of the trial period, you must purchase a license to continue using the software.
6. Right of Withdrawal
In accordance with the EU Consumer Rights Directive 2011/83/EU (transposed into French law under Articles L.221-18 to L.221-28 of the French Consumer Code), you have the right to withdraw from your purchase within 14 calendar days of the date of purchase, without giving any reason.
Conditions for withdrawal:
- The right of withdrawal applies if the software license has not yet been activated (i.e., the license key has not been used to activate the software).
- In accordance with Article L.221-28, 13° of the French Consumer Code, the right of withdrawal does not apply to the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and acknowledgment of the loss of the right of withdrawal.
- If you activated the software and expressly consented to begin the download and acknowledged the loss of your withdrawal right at the time of purchase, you are not entitled to a refund.
To exercise the right of withdrawal, contact us at contact@deep-5.com with your order reference number. If eligible, the refund will be processed through Lemon Squeezy within 14 days of receiving your withdrawal request, using the same payment method used for the original purchase.
7. Intellectual Property
DUSK LAB, including but not limited to its source code, object code, architecture, design, user interface, documentation, logos, trademarks, and all associated intellectual property, is and remains the exclusive property of Deep-5 SAS. The purchase of a license does not transfer any ownership rights in the software to you.
All content created by you using DUSK LAB (photographs, project files, exports) remains your exclusive property. Deep-5 claims no rights over your creative work.
8. Updates and Support
8.1 Software Updates
Your perpetual license includes all updates within the current major version of DUSK LAB (e.g., all 1.x updates if you purchased version 1.0). Major version upgrades (e.g., from 1.x to 2.0) may require an additional purchase at a discounted upgrade price.
8.2 Technical Support
Deep-5 provides email-based technical support for licensed users. Support covers installation issues, activation problems, and software defects. Support does not include general photography training, hardware troubleshooting, or third-party software compatibility beyond documented system requirements.
9. Warranty
In accordance with Article L.217-3 of the French Consumer Code, the software is covered by the legal warranty of conformity (garantie légale de conformité) for a period of two (2) years from the date of delivery. During this period, Deep-5 undertakes to provide updates to correct defects affecting the conformity of the software.
Beyond the legal warranty, the software is provided "as is". Deep-5 does not warrant that the software will meet all your specific requirements, operate without interruption, or be entirely free of defects. Deep-5 warrants that the software will perform substantially as described in its documentation under normal use conditions.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- Deep-5's total cumulative liability under these Terms shall not exceed the amount paid by you for the DUSK LAB license.
- Deep-5 shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption.
- Deep-5 is not responsible for damages resulting from misuse of the software, use in violation of these Terms, or use with unsupported hardware or operating systems.
Nothing in these Terms shall exclude or limit liability for fraud, gross negligence, personal injury, or death, or any liability that cannot be excluded under applicable law.
11. Force Majeure
Deep-5 shall not be held liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, cyberattacks, government actions, pandemic, power outage, or telecommunications failure. If a force majeure event lasts for more than 90 consecutive days, either party may terminate these Terms by written notice.
12. Termination
Your license remains valid in perpetuity, subject to compliance with these Terms and the EULA. Deep-5 may terminate your license if you materially breach these Terms and fail to cure such breach within 30 days of written notice. Upon termination, you must cease all use of the software and destroy all copies in your possession.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of France. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Paris, unless otherwise required by mandatory consumer protection rules in your country of residence within the European Union.
In accordance with Article L.612-1 of the French Consumer Code, in the event of a dispute, you may also resort to a consumer mediation procedure. The competent mediator will be communicated upon request.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely achieves the economic purpose of the original provision.
15. Entire Agreement
These Terms, together with the EULA and Privacy Policy, constitute the entire agreement between you and Deep-5 with respect to the use and purchase of DUSK LAB. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
16. Modifications
Deep-5 reserves the right to modify these Terms at any time. Material changes will be notified by email to registered customers at least 30 days before they take effect. Continued use of the software after the effective date constitutes acceptance of the modified Terms.
17. Contact
For any questions regarding these Terms of Service, please contact:
| contact@deep-5.com | |
| Postal address | Deep-5 SAS, 60 avenue François 1er, 75008 Saint-Cloud, France |