Terms of Use

Overview

These Terms of Use ("Terms") govern your use of Remarq, a desktop application provided by Remarq Software ("we", "us", or "our"). By downloading, installing, activating, or using Remarq, you agree to these Terms. If you do not agree, do not use the app.

Our Privacy Policy explains how Remarq handles information related to purchases, licensing, and support. It does not apply to the content you create in the app, which stays on your own computer.

Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to accept these Terms. If you use Remarq on behalf of a school or other organization, you represent that you have authority to bind that organization to these Terms.

License

When you purchase Remarq, we grant you a personal, non-exclusive, non-transferable license to install and use the app. The license is a one-time purchase and does not expire on a fixed schedule, but continued compatibility with your computer and operating system may depend on updates we release from time to time.

This license is granted to you for your own use. You may not sell, rent, lease, sublicense, or transfer your license or license key to anyone else.

Activation and Devices

Remarq licenses are locked to the physical devices on which they are activated. As described in our Privacy Policy, activation uses a hash of your device hardware information to validate the license and prevent unauthorized use.

You activate your license in the app. The number of devices on which a license may be activated depends on the license you purchased. Some licenses permit activation on a single device, while others permit activation on more than one device. The applicable limit is shown at the time of purchase and in the app.

If you need to use your license on a different device, you can deactivate the current device in the app and activate on the new one, subject to the device limit for your license.

Permitted Use

You may use Remarq to create, edit, and manage report card comments and related content for your own professional use. Your work, including comments, templates, and student names, stays on your own computer and is not sent to us. You are responsible for the content you create and for using Remarq in compliance with the laws, school policies, and other obligations that apply to you.

Restrictions

You agree not to:

• Copy, modify, or create derivative works of the app, except as allowed by these Terms or applicable law
• Reverse engineer, decompile, or disassemble the app, except to the extent applicable law expressly permits
• Distribute, share, or publish the app or your license key
• Circumvent or interfere with license activation, validation, or other security features
• Use the app in any way that violates applicable laws or the rights of others

Purchases

Purchases of Remarq licenses are handled by Lemon Squeezy, our third-party commerce provider. When you buy a license, you complete checkout through Lemon Squeezy, and your purchase is subject to Lemon Squeezy's own terms and policies in addition to these Terms.

Refunds

Refunds are handled according to our Refund Policy. Please review it for details on eligibility and how to request a refund.

Your Content

You retain all rights to the content you create with Remarq. We do not collect, store, or process the comments, templates, student names, or other content you create in the app. Because this content stays on your computer, you are responsible for backing it up and keeping it secure.

Intellectual Property

Remarq, including its software, design, and branding, is owned by Remarq Software and is protected by intellectual property laws. These Terms do not transfer any ownership rights to you; they grant only the license described above.

Updates

We may release updates to Remarq from time to time, including bug fixes, improvements, and new features. Some updates may be needed for the app to continue working correctly on newer operating systems or hardware. We are not obligated to provide updates or to maintain support for older versions indefinitely.

Disclaimer of Warranties

Remarq is provided "as is" and "as available", without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability

To the fullest extent permitted by law, Remarq Software will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or related to your use of or inability to use the app. To the fullest extent permitted by law, our total liability for any claim relating to the app will not exceed the amount you paid for your license.

Termination

You may stop using Remarq at any time. We may terminate or deactivate your license if you breach these Terms or if a refund is issued under our Refund Policy.

When your license ends for any reason, you must stop using Remarq and uninstall it from your devices.

Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on our website and revise the version and date shown above. If a change is material, we will also notify you in the app or by email where practicable. Your continued use of Remarq after changes take effect means you accept the updated Terms.

Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree that the courts located in Ontario, Canada have jurisdiction over any dispute arising from these Terms.

General

If any part of these Terms is found to be unenforceable, the remaining parts will continue in effect. These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between you and Remarq Software regarding Remarq.

Contact

If you have questions about these Terms, contact us at support@remarqsoftware.com.