Terms of Use

1. Scope and acceptance

These Terms apply to the MarkerBuddy website, MarkerBuddy, MarkerBuddy Lite, related downloads, and documentation (the “Services”), provided by Anywhere Entertainment, Inc. (“Company,” “we,” “us,” or “our”). References to the Company in the protections below include its developers, officers, directors, employees, contractors, and licensors.

By accessing or using the Services, you agree to these Terms to the extent a binding agreement is formed under applicable law. If you do not agree, do not use the Services. If you act for a business or another organization, you represent that you have authority to bind it. You must have legal capacity to enter into this agreement.

2. License and permitted use

Subject to these Terms, any applicable software license, and payment where required, the Company grants you a limited, non-exclusive, non-transferable right to use the software for your own personal or internal business purposes. The software and documentation are licensed, not transferred to you, and remain the property of the Company or its licensors.

You may not unlawfully redistribute, sublicense, resell, or copy the Services; remove proprietary notices; bypass licensing restrictions; or reverse engineer the software except where applicable law permits it. Do not use the Services unlawfully or to infringe another person’s rights. Third-party and open-source components remain subject to their applicable licenses.

3. Your data and responsibilities

You retain your rights in your markers, media, transcripts, client notes, and other content. You are responsible for having the permissions required to process and share that content.

Keep independent backups of projects, media, and important files before using the software or applying changes. Review marker edits, timecodes, automated suggestions, synchronization, generated files, and exports before relying on them or delivering them to a client. You are responsible for your workflow decisions and for confirming compatibility with your systems and destination applications. Undo, recovery, and export functions are not a substitute for backups.

Our handling of information is described in our Privacy Policy.

4. Third-party products and purchases

The Services may depend on or link to Adobe Premiere, Adobe Marketplace, operating systems, hardware, and other third-party products. The Company does not control those products, their availability, updates, compatibility, or policies. Product references do not imply affiliation or endorsement.

Payments, installation, licensing, cancellations, and refunds through a marketplace are subject to that marketplace’s applicable terms and any mandatory consumer rights. These Terms do not override a mandatory marketplace provision or a separate written software license that expressly takes precedence.

5. No warranties

To the fullest extent permitted by applicable law, the Services are provided “as is” and “as available,” without warranties of any kind, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company does not warrant that the Services will be uninterrupted, error-free, secure in every environment, compatible with every system, or that any result will be accurate, complete, or suitable for your project. We do not guarantee that defects will be corrected or that any feature will remain available. Documentation, demonstrations, and support responses do not create an additional warranty unless expressly agreed in writing by the Company.

6. Limitation of liability

You use the Services at your own risk. To the fullest extent permitted by applicable law, the Company is not responsible for, and will not be liable for, indirect, incidental, consequential, special, exemplary, or punitive damages, or loss of profits, revenue, business opportunities, goodwill, data, media, projects, or client work; project corruption; missed deadlines; business interruption; or the cost of replacement services arising from or relating to the Services. These exclusions apply under any legal theory, including contract, tort, or negligence, even if the Company has been advised of the possibility of such losses.

To the fullest extent permitted by applicable law, the Company’s total aggregate liability for all claims arising from or relating to the Services will not exceed the greater of US $50 or the amount you paid for the affected MarkerBuddy software during the twelve months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability or rights that cannot lawfully be excluded or limited, including applicable mandatory consumer protections and liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence where such limitations are prohibited. Where an exclusion or limitation is not permitted, it applies only to the maximum extent allowed by law.

7. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold the Company harmless from third-party claims, damages, and reasonable costs, including reasonable legal fees, resulting from your unlawful use of the Services, infringement of another person’s rights, or material breach of these Terms. This obligation does not apply to the extent a claim results from the Company’s own unlawful conduct or other liability that cannot legally be shifted to you. The Company will give reasonable notice of a claim and a reasonable opportunity to participate in its defense.

8. Changes, availability, and termination

We may update, modify, or discontinue the Services, subject to existing contractual obligations and applicable law. We do not promise future updates, support, or continued compatibility unless separately agreed in writing. We may terminate your license for a material breach of these Terms, subject to any notice or cure rights required by law. On termination, you must stop using the affected software.

We may revise these Terms by posting an updated version and effective date. Changes apply prospectively; we will provide additional notice or obtain consent where required. The provisions concerning ownership, warranty disclaimers, liability limits, and other provisions intended to survive termination will survive.

9. General provisions

If a provision is unenforceable, it will be limited to the extent permitted by law and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. These Terms, together with any applicable software license and mandatory marketplace terms, form the agreement for their subject matter. Nothing here restricts a mandatory right to bring a claim in a court or use a remedy available under applicable law.

10. Contact

Questions about these Terms can be sent to Anywhere Entertainment, Inc. at support@markerbuddy.app.