Terms of Service | NightScape Stacker
NightScape Stacker

Terms of Service

Last updated: April 3, 2026

Agreement to Terms

By purchasing, downloading, installing, or using NightScape Stacker, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not install or use the software.

These terms constitute a legal agreement between you and the operator of NightScape Stacker ("we," "us," or "our"), a business based in Colorado, United States.

1. Definitions

  • Software means the NightScape Stacker desktop application and any updates or new versions provided under this agreement.
  • License means the personal, non-exclusive, non-transferable right to use the Software granted to you upon purchase.
  • License Key means the unique key issued to you upon purchase that activates the Software.
  • You means the individual who purchased the License.

2. License Grant

Upon payment of the applicable license fee, we grant you a personal, non-exclusive, non-transferable, perpetual license to:

  • Install and use the Software on up to two (2) computers that you own or control
  • Use the Software for personal, non-commercial purposes as described in these terms
  • Make a reasonable number of backup copies of the Software for archival purposes

This license is for you personally. It is not transferable to another person or entity without our prior written consent.

3. Permitted Use

You may use the Software to process your own photographs, including for commercial photography purposes. Permitted uses include:

  • Processing and stacking images for personal enjoyment, artistic projects, or education
  • Processing images for your own photography business, including selling prints, licensing images, or delivering work to clients
  • Using the Software as part of your professional photography workflow, whether paid or unpaid
  • Creating images for display, publication, sale, or licensing, provided the Software itself is not part of what is being sold or sublicensed

4. Restrictions

You may not:

  • Install or use the Software on more than two (2) computers simultaneously
  • Share, distribute, sublicense, resell, or transfer your License Key to any other person or entity
  • Use the Software as part of a paid service offering to clients or customers without a commercial license
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software
  • Remove or alter any proprietary notices, labels, or marks on the Software
  • Use the Software in any unlawful manner or in violation of any applicable laws or regulations
  • Create derivative works based on the Software

5. Extended Commercial Use

The standard license covers individual photographers running their own photography business — including selling prints, licensing images, and delivering work to clients. You do not need a separate license for that.

An extended commercial license is required for:

  • Processing images on behalf of third parties as a bureau or batch processing service (where the processing itself is the service being sold)
  • Deploying the Software across multiple users within a business, studio, or organization
  • Bundling or redistributing the Software as part of another product or service offering
  • Using the Software in an educational institution across multiple student or faculty installations

If you need an extended commercial license, please contact us.

6. Installation on Multiple Computers

Your license permits installation on up to two (2) computers that you personally own or control. You may install the Software on different operating systems (macOS, Windows, Linux) using the same license. If you replace a computer, you may deactivate your license on the old machine and activate it on the new one. Contact support if you need assistance with license transfers.

7. Updates

All updates to the current version of NightScape Stacker are included with your license at no additional charge. We reserve the right to release future major versions as separate paid upgrades. If a major version upgrade requires an additional fee, we will notify you in advance and your existing license will continue to function for the version you purchased.

We may release updates that fix bugs, improve performance, or add features. We encourage you to keep the Software updated, but we do not require you to update.

8. Payment and Refunds

Payment

The license fee is charged at the time of purchase. All fees are in US Dollars unless otherwise stated. Prices are subject to change, but any change will not affect licenses already purchased.

Refunds

We offer a 30-day refund policy. If you are not satisfied with NightScape Stacker within 30 days of purchase, contact us for a full refund. After 30 days, no refunds will be issued except as required by applicable law. To request a refund, contact us with your purchase email address and license information.

9. Intellectual Property

NightScape Stacker and all related software, documentation, logos, and materials are owned by us and are protected by United States and international intellectual property laws. We retain all rights not expressly granted to you in these terms.

Your purchase of a license does not transfer ownership of the Software or any intellectual property rights to you.

10. Privacy

Your use of the Software and our website is subject to our Privacy Policy, which is incorporated into these terms by reference.

11. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Software will be error-free, uninterrupted, or free of harmful components. We do not warrant that the Software will meet your specific requirements or produce any particular result with your images.

Your sole remedy for a defect in the Software within the first 30 days of purchase is a refund of the license fee as described in Section 8.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR LICENSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

13. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your violation of these terms or your use of the Software in a manner not permitted by these terms.

14. Termination

Your license will terminate automatically if you violate any material provision of these terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession. Sections 9, 11, 12, 13, 15, and 16 will survive termination.

We reserve the right to terminate or suspend your license at our discretion if we have reason to believe you are using the Software in violation of these terms. In the event of termination by us without cause, we will refund a pro-rated portion of your license fee.

15. Governing Law and Dispute Resolution

These terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these terms or your use of the Software shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in the State of Colorado under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

You and we both waive the right to a trial by jury and the right to participate in a class action lawsuit or class-wide arbitration with respect to any claim related to these terms.

16. Severability

If any provision of these terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

17. Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Software and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

18. Changes to These Terms

We may update these terms from time to time. When we do, we will update the "Last updated" date at the top of this page. If we make material changes, we will make reasonable efforts to notify you, such as by posting a notice on our website. Your continued use of the Software after changes are posted constitutes your acceptance of the updated terms.

19. Contact

If you have questions about these terms, please contact us.

NightScape Stacker is operated from Colorado, United States.