1. Who we are
"We", "us" and "Abby Video LLC" mean Abby Video LLC, a New Jersey limited liability company, the maker of the abby. and Abby Monitor. "You" means the person or business using the site or buying a license. If you accept these terms for a company or production, you confirm you have authority to bind it.
2. Who can use this
You must be at least 18 years old. The abby. and Abby Monitor are professional tools for film, television and video production, and are offered for business use.
3. Other terms that apply
- Using the abby. software is governed by the End User License Agreement.
- Using Abby Monitor is governed by the Abby Monitor Terms.
- Equipment rental and on-set services are governed by the Equipment Rental & On-Set Services Terms.
- How we handle information is described in the Privacy Policy.
- All sales are final. See the Refund Policy.
If these terms and a more specific document conflict, the more specific document applies to its subject.
4. Buying a license
Licenses are sold through Stripe (Stripe Managed Payments), which acts as our Merchant of Record. That means Stripe is the seller of record for your payment: it processes the payment, charges and remits any sales tax or VAT, and issues your receipt. Stripe's own terms and privacy policy apply to the payment itself.
Prices are shown on the pricing page and may change. A price change never affects a license you've already bought. Payment is due in full at checkout, and all sales are final (see the Refund Policy).
A license code is only issued after your payment has been successfully processed. It's emailed to you, usually within a minute of payment clearing. The code works on the first Mac you activate it on, and your license period starts when you activate. Until you have a code, the license doesn't work. If a payment fails, is reversed or is charged back, the license may be cancelled.
5. License length and renewal
Licenses are sold for a fixed period: one day (24 hours), one week (7 days) or one month (30 days). Each period is counted in calendar days, nights and weekends included, and starts when you activate your code on your Mac. A code must be activated within one year of purchase. After that it can no longer be activated.
Licenses do not renew automatically. When a period ends, recording stops until you buy another license. Watching, playback and the media you recorded stay available.
New users may get a one-day free trial. We may change or end the trial at any time.
6. No transfer or resale
A license is for one Mac and the person or business that bought it. You may not resell, share, sublicense or transfer a license or key. If your Mac fails or you change Macs during a license period, email [email protected] and we'll move the license to your new Mac, free, once per license. Further moves are at our discretion.
7. Using the website
You may use the site to learn about and buy our products. Don't attempt to break, overload or gain unauthorised access to the site or the systems behind it, scrape it in bulk, or use it for anything unlawful.
8. Our content and marks
The site, the software, and their text, design and code belong to Abby Video LLC or its licensors. "the abby." and "Abby Monitor" are trademarks of Abby Video LLC. See Copyright & Trademark.
9. Ending access
We may suspend or end your access to the site, a license or our services if you break these terms, the EULA or the Acceptable Use Policy, or if required by law. Where we end a license for reasons other than your breach, we'll provide a replacement license for the unused part of that license period.
10. Disclaimers
The site, the software and our services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that anything will be uninterrupted, error-free or that recording or playback will never fail. See also the Disclaimer.
11. Limitation of liability
To the fullest extent the law allows, Abby Video LLC will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost footage, lost data, missed shots, production delays, lost profits or lost business, however caused, even if we were told they were possible.
Our total liability for any claim relating to the site, a license, the software or our services is limited to the amount you paid us for the license or service that the claim relates to, in the twelve months before the claim arose.
Some places don't allow these limits, so they may not fully apply to you.
12. Indemnity
You agree to defend and indemnify Abby Video LLC against claims, losses and costs (including reasonable legal fees) arising from your use of the software or services in breach of these terms, your recordings or content, or your violation of any law or third party's rights.
13. Governing law and courts
These terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-law rules. Any dispute will be brought only in the state courts located in Gloucester County, New Jersey, or the United States District Court for the District of New Jersey, and you and Abby Video LLC agree to the personal jurisdiction of those courts. Nothing here limits any right you have under the consumer protection laws of the place you live that cannot be waived by contract.
14. Changes to these terms
We may update these terms. The new version is posted here with a new date. Changes don't apply to a license period you've already paid for, unless the law requires it. If you keep using the site or buy a license after a change, you accept the new terms.
15. General
If part of these terms can't be enforced, the rest still applies. Not enforcing a right isn't a waiver of it. You may not assign these terms; we may assign them to a successor of our business. These terms, with the documents they link to, are the whole agreement about their subject.
16. Contact
Abby Video LLC, a New Jersey limited liability company. Email [email protected]. Our mailing address is available on request.