Terms of Sale

These terms apply when you subscribe to Konformista, buy a 7-day pass, start a free trial, or use your Konformista account. Konformista is made by Fixed Frame Ltd., trading as Konformista, a company registered in Ireland (company number 820747, registered office 77 Lower Camden Street, Dublin D02 XE80, Ireland) (“Fixed Frame”, “we”, “us”). Paddle sells and bills subscriptions and passes (see section 1); Fixed Frame supplies the software, its licence, your account and support, and your contract for those is with Fixed Frame. By subscribing, buying a pass, starting a trial or signing in to the app, you agree to these terms. If you do not agree, do not subscribe, buy a pass or sign in.

1. Who sells to you. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders made through our website and app. Paddle sells the subscription or pass to you, takes payment, charges and accounts for any sales tax or VAT, issues your invoices, and processes refunds. The Paddle company you buy from depends on where you buy: Paddle.com Inc. in the United States, Paddle.com (Canada) Ltd. in Canada, and Paddle.com Market Limited everywhere else, as named at checkout and in Paddle’s Buyer Terms (https://www.paddle.com/legal/buyer-terms). Your purchase is made under those Buyer Terms, linked at checkout. If these terms and Paddle’s Buyer Terms conflict on the purchase itself (payment, tax, invoicing or withdrawal), Paddle’s Buyer Terms apply. Your use of the software is governed by the Konformista End User License Agreement (the “EULA”, https://konformista.com/eula). Enterprise contracts are not sold through Paddle: Fixed Frame sells them directly under a signed order form, which sets their price, payment and term, and these terms apply to them only where the order form says so.
2. What you buy. Konformista for Resolve, as a subscription per seat, billed monthly or yearly, or as a 7-day pass, paid once (section 4). There are two plans. Freelance is one person’s: bought with their own money or through their own one-person company (a freelancer’s, for example), for their own use, on one computer, and used by nobody else. A company or other organisation buying for its staff, or anyone paying for someone else’s use, buys the Team plan, which anyone may buy. The plans, prices, currency and tax are as shown at checkout. Prices on our website are shown excluding VAT and sales tax. Where we can tell your location, the pricing page also shows the total including the VAT or GST that applies there. Paddle calculates the final tax from your location and tax status (for example, a business with a valid VAT number), adds it at checkout and shows the total before you pay.
3. Subscriptions and renewal. A subscription starts when Paddle confirms your first payment. It renews automatically at the end of each billing period (monthly or yearly, as you chose) and Paddle charges the payment method you gave at checkout, until you cancel. Each renewal is charged at the price that applies to your subscription at that time, plus any tax.

Where the law requires it, Paddle emails you a reminder before a yearly subscription renews.

4. 7-day pass. A pass is a single payment for Konformista for Resolve on one computer for 7 days; to cover more computers, buy as many passes as you need at checkout. It starts when Paddle confirms your payment and ends 7 days later. A pass does not renew and nothing more is charged. When it ends, the paid features stop unless you buy another pass or subscribe. There is nothing to cancel. Passes cover the computers signed in to your account in the order they signed in, as seats do (section 8); the 30% price from the third seat applies to subscriptions only. Before you buy a pass on our pricing page, we ask you to agree that it starts as soon as you pay, and to acknowledge that you then lose your 14-day right of withdrawal once it has started. Because a pass starts as soon as you pay, it is not refunded if you change your mind; the Refund Policy says when a pass is refunded.

After a refunded or charged-back pass, a new pass waits for a check. If a pass bought for your account, or a pass that ran on the same computer under any account, has been refunded or charged back, a pass bought afterwards does not start until a person at Fixed Frame has checked it. It then runs for 7 days from that check, or is refunded in full. A refund or chargeback counts for 12 months. A refund for a pass that did not work as described does not count: email [email protected] and we will remove it. You can still subscribe.

5. Cancelling. You can cancel at any time from your account page at https://konformista.com/account (which opens Paddle’s billing portal), or by emailing [email protected]. When you cancel, you keep access to the end of the period you have paid for, and the subscription does not renew. We do not refund the unused part of a period, except as these terms (sections 17 and 20), our Refund Policy or the law provide.
6. Failed payments. If a renewal payment fails, Paddle retries it for a period and may contact you to update your payment details. While Paddle retries, your licence continues. If the payment still fails when Paddle stops retrying, your subscription is cancelled or paused, and the paid features stop.
7. Price changes. We may change our prices. A new price does not affect a period you have already paid for. We will tell you about a price change for your existing subscription at least 30 days before it applies, and it applies only from your next renewal after that notice. You can cancel before then.
8. Seats. You choose the number of seats at checkout. One seat covers one computer at a time. A seat belongs to a computer, not to a named person: the people you allow may use a signed-in computer in turn, except that a Freelance plan is for the person who bought it alone (section 2). From the third seat in a subscription on, each seat is 30% off, as shown at checkout. To add seats later, buy them as a further subscription: it is billed on its own, its seats join your account, and the 30% price applies from the third seat within that subscription. If you would rather have your seats on one subscription, email [email protected] and we will arrange it. How a seat reaches a computer depends on the plan:
   • Team seats float. Any computer signed in to your account can use one. A computer takes a Team seat when it starts paid work (a send, an export or a return trip in Konformista, or opening Kontroller) and holds it until the last of those apps quits on it. While it holds the seat, the app renews it every 30 minutes; a seat that is not renewed for 2 hours (for example because the computer crashed, went to sleep or lost its connection) is free again. A computer whose own seat already covers that work does not take a Team seat. When every Team seat is in use, another computer can still run the free preflight report, and the app shows which computers hold the seats and since when. You can keep a Team seat on one computer from the app’s Account menu: that computer then holds the seat until you turn keeping off on it or sign it out, and it works offline as section 10 describes. On your account page you can see which computers hold Team seats and free a seat a computer holds; a kept seat is freed by signing that computer out.
   • Every other seat goes to the computers signed in to your account, in the order they signed in. To move one to another computer, sign the old one out, in the app or on your account page, then sign the new one in. You do not need to contact us.
9. Free trial. The first time you sign in to the app without a subscription or a running pass, a 7-day free trial starts. It needs no payment details, runs on one computer, and is available once per account and once per computer (we keep a computer’s trial record for 2 years). It covers what is on sale at the time (Konformista for Resolve). When the trial ends, the paid features stop unless you subscribe. Nothing is charged and nothing renews. An account that has had a subscription does not get a trial. A pass does not use up the trial: if you have not had it, it can start after your pass ends, under the rules above.
10. Delivery and your licence. You download the app from konformista.com. There is no licence key or file to deliver: after you subscribe or buy a pass, sign in to the app with the email address you used at checkout (or buy from the app’s Subscribe or “Buy a pass or subscribe” button, which links the purchase to the account you are signed in with), and the app fetches the licence for that computer. Each licence a computer receives lasts at most 30 days, and never past the end of the paid period (plus one day on a yearly plan) or of the pass; a licence for a floating Team seat lasts 2 hours, and the app renews it every 30 minutes while it holds the seat (section 8). The app checks in once a day while it is online and renews it, so that a renewal, a cancellation or a failed payment reaches the computer. A computer that does not connect for 30 days stops running the paid features until it connects again; one holding a floating Team seat stops after 2 hours without a connection, so to work offline with a Team seat, keep the seat on that computer first (section 8). Signing a computer out in the app frees its seat at once. Signing one out from your account page frees its seat at once too, unless another computer sharing your seats was freed that way in the previous 30 days; then that seat stays taken until the computer next checks in or its licence ends, whichever comes first, and your account page shows the date. A computer signed out from your account page while it is offline keeps the licence it already holds until that licence ends (at most 30 days) or the computer next checks in. A floating Team seat is free at once when its computer is signed out, or the seat freed, from your account page: that computer stops at its next renewal, or when its 2-hour licence ends if it is offline. Enterprise customers on a yearly contract can use offline licence files instead, with no network contact; an offline licence file ends on the contract’s last day.
11. Refunds and your statutory rights. Refunds are covered by our Refund Policy (https://konformista.com/refund-policy) and processed by Paddle. Any statutory right of withdrawal you have as a consumer is handled under Paddle’s Buyer Terms at checkout. Nothing in these terms or in the Refund Policy limits your statutory rights as a consumer, including your right to have digital content or a digital service that does not conform to the contract brought into conformity, or to a price reduction or refund where that is not done.
12. What you should know before you pay. Konformista runs on the versions of macOS, Windows and Linux listed at https://konformista.com/requirements. Each computer must be signed in (or, for enterprise, hold an offline licence file). Signing in and the daily licence check need an internet connection. The one-click Send to Resolve integration requires DaVinci Resolve Studio: it uses Blackmagic’s external scripting interface, which the free edition of DaVinci Resolve does not provide. The software’s portable export can instead be imported into any edition of DaVinci Resolve by hand. Please try it during the free trial before you subscribe or buy a pass. DaVinci Resolve is a trademark of Blackmagic Design Pty Ltd; Fixed Frame is not affiliated with or endorsed by Blackmagic Design.
13. Acceptable use. You must not use the software, your account, our website or our licence service: (a) for anything unlawful, or to help anyone else break the law; (b) for fraud, or to send spam or other unsolicited messages; (c) to infringe anyone’s intellectual property or other rights, including by processing material you have no right to use; (d) to interfere with the security or operation of our services, for example by introducing malware, probing or testing them for weaknesses, scraping them, overloading them, or getting around sign-in, seat or licence limits; or (e) in breach of the restrictions in the EULA.
14. Your content, and reporting infringement. Your projects and media stay on your computer. We do not receive, host or review them unless you choose to send us something, for example when you ask for support, and you are responsible for having the rights to what you work on. If you believe something on our website or in our materials infringes your rights, email [email protected] with the details, and we will look into it and remove material where appropriate.
15. Our intellectual property. The software is licensed, not sold. Fixed Frame keeps all intellectual-property rights in the software, the website and our materials (see the ownership section of the EULA).
16. Availability. We work to keep the account and licence service running, but we do not guarantee that it, the website or the software will be uninterrupted or error-free. If the service is unavailable, a computer’s licence keeps working to its own end date.
17. Suspension and termination. We may end your account, your subscription, a pass or a computer’s licence if you materially breach these terms or the EULA and do not put it right within 14 days of our notice by email, or if a payment is not made (see section 6). We may suspend them straight away, without notice, only where we reasonably believe that is needed to stop fraud, to protect the security of our services or of other customers, or to stop someone getting around sign-in, seat or licence limits; we will then tell you why, and restore access if the concern turns out to be unfounded. When your subscription, pass or licence ends, the paid features stop on your computers. Payments already made are not refunded when we end a subscription or pass for your breach, except as the Refund Policy states or the law requires. If we stop offering online activation, or end your subscription or pass for any reason other than your breach, a failed payment or a refund, you keep the paid features to the end of the period you have paid for (we will provide an offline licence file if that is needed), or we refund the unused part of that period. The sections on refunds and statutory rights, intellectual property, liability, indemnity and governing law continue to apply after termination.
18. Liability and indemnity. Our liability is limited as set out in the limitation-of-liability section of the EULA, and the EULA’s section on your indemnity applies to business customers. Nothing in these terms limits liability that cannot be limited by law.
19. Assignment. We may transfer our rights and obligations under these terms in connection with a merger, acquisition or sale of all or substantially all of our assets. You may not transfer yours without our written consent.
20. Changes to these terms and to the software. We may update these terms to reflect a change in the law or in regulators’ guidance, a change in our products, plans or prices, a change in how we or Paddle provide the service, or to make them clearer. We will post the new version at https://konformista.com/terms with its effective date. A change that is to your disadvantage applies to your existing subscription only from your next renewal, and we will email you about it at least 30 days before then; you can cancel before it applies. A pass runs to its end under the terms in force when you bought it. Where the law or security requires such a change to apply sooner, or a change to the software during a period you have paid for (for example, removing a feature, including one marked beta) makes it materially worse for you, you can cancel within 30 days of the change (for a pass, by emailing us) and we will refund the unused part of that period. Other changes apply from the effective date shown.
21. Governing law and disputes. These terms are governed by the laws of Ireland, and the courts of Ireland have jurisdiction, subject to any mandatory consumer-protection rights in your country of residence. If you are a consumer, you may bring proceedings in the courts of your country of residence, and we will bring proceedings against you only there. If you have a complaint, please email [email protected] first; we will try to resolve it with you.
22. Contact and company details. Fixed Frame Ltd., company number 820747, 77 Lower Camden Street, Dublin D02 XE80, Ireland. [email protected]. Questions about a payment, an invoice or a refund can also go to Paddle at https://paddle.net.