1. Acceptance of Terms
Welcome to SizeMarker. By accessing or using our website at sizemarker.com, our desktop application, or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Service.
We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the revised Terms.
2. Service Description
SizeMarker is a professional image and video annotation tool designed for e-commerce sellers. Our Service enables you to:
- Add dimension lines, text labels, focus magnifiers, and marketing annotations to product images
- Export annotated images and videos in multiple formats and aspect ratios
- Manage annotation projects with auto-save and cloud synchronization
- Integrate with third-party platforms such as Shopify
The Service is available through our web application (sizemarker.com) and desktop application (macOS, Windows, Linux). Features may vary between platforms.
3. Account Registration
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
You may register using your email address or through third-party OAuth providers (Google, Facebook, Apple). You must be at least 16 years of age to create an account.
4. License and Usage Rights
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business purposes.
You may not:
- Copy, modify, or distribute the Service or any part thereof
- Reverse engineer, decompile, or disassemble the software
- Remove or alter any proprietary notices or labels
- Use the Service to develop a competing product
- Sublicense, rent, or lease the Service to any third party
5. User Content and Intellectual Property
You retain all ownership rights in images, videos, and other content you upload to or create using the Service (“User Content”). By using the Service, you grant us a limited license to process your User Content solely for the purpose of providing the Service to you.
All intellectual property rights in the Service, including but not limited to software, design, logos, annotation presets, and templates, are owned by SizeMarker and its licensors. Nothing in these Terms transfers any such rights to you.
You represent and warrant that:
- You own or have the necessary rights to use and upload your User Content
- Your User Content does not infringe any third-party intellectual property rights
- Your User Content does not contain unlawful or harmful material
6. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Upload or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to the Service or its systems
- Interfere with or disrupt the integrity or performance of the Service
- Scrape, crawl, or use automated means to access the Service without permission
- Create misleading or deceptive product representations
- Use the Service for any illegal, fraudulent, or abusive purpose
7. Payment and Subscription
SizeMarker offers both free and paid subscription plans. Free accounts have limited features and usage quotas. Paid subscriptions (“Pro”) unlock additional features including advanced presets, animations, 4K export, and higher usage limits.
- Subscription fees are billed in advance on a monthly or annual basis via Stripe
- All fees are non-refundable except as required by applicable law
- We may change subscription pricing with 30 days’ prior notice
- You may cancel your subscription at any time; access continues until the end of the current billing period
- Failure to pay may result in suspension or termination of your account
For Shopify app users, billing is managed through the Shopify billing system and subject to Shopify’s terms and conditions.
8. Termination
You may terminate your account at any time by contacting us or using the account deletion feature. We may suspend or terminate your access to the Service at our discretion if:
- You breach any provision of these Terms
- Your use of the Service poses a security risk
- We are required to do so by law
- We discontinue the Service or any part thereof
Upon termination, your right to use the Service ceases immediately. We may delete your account data after a reasonable retention period, except where retention is required by law.
9. 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, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. Your use of the Service is at your sole risk.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIZEMARKER, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
Our total aggregate liability for any claims arising from or relating to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the “Last updated” date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which SizeMarker operates, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through good-faith negotiation, and if necessary, binding arbitration.
