Terms & License
These terms form a legal agreement between you and ZNTH Limited ("ZNTH", "we", "us") governing your use of the DustMagic website, desktop application and related services. They also act as the End User License Agreement (EULA) for the DustMagic software. By downloading, installing or using DustMagic, you agree to these terms.
1. Who we are
DustMagic is provided by ZNTH Limited, a company registered in England and Wales. Our registered address is Unit A9, Seedbed Centre, Vanguard Way, Shoeburyness, Southend-on-Sea SS3 9QY, United Kingdom. You can contact us at support@dustmagic.io.
2. Definitions
- "Software" means the DustMagic desktop application, any accompanying documentation, and any updates we make available.
- "License" means the right to use the Software as described in these terms, activated by a License Key.
- "License Key" means the unique activation key issued to you when you purchase a plan.
- "License Term" means the 12-month period during which your License Key is active.
- "Plan Tier" means the license you purchased. We currently sell a single Standard license.
- "Restricted Mode" means the reduced feature set that applies once a License Term has ended (see Section 7).
3. License grant
Subject to your compliance with these terms and payment of the applicable fees, ZNTH grants you a personal, non-exclusive, non-transferable, revocable, time-limited license to install and use the Software on devices you own or control, for your own personal or internal business purposes. Each paid License runs for a fixed License Term of 12 months from the date of purchase and ends automatically at the end of that term, as set out in Sections 6 and 7. There is no automatic renewal. The free trial is governed by Section 4 and does not grant a paid License.
The Software is licensed (not sold) for a fixed term, and no perpetual or lifetime rights of any kind are granted. ZNTH and its licensors retain all right, title and interest in and to the Software, including all intellectual property rights.
4. Free trial
The Software is offered on a free trial basis so you can evaluate it before deciding whether to purchase a License. The trial works as follows:
- No payment details required. You do not need to provide a credit card or any other payment method to download or run the trial.
- No automatic conversion. The trial does not automatically convert into a paid License. If you want to continue using the Software beyond the trial, you must purchase a License Key separately.
- No image or time limit. The trial has no limit on the number of images you can load or process, and no time limit. Every feature is available.
- Watermarked exports. Images you export from the trial carry a watermark. Results shown on screen inside the Software are not watermarked. Buying a License removes the watermark from images you export afterwards.
- No warranty during the trial. The trial is provided “as is” for evaluation only. The disclaimers in Section 16 (Warranties and disclaimers) and the limits in Section 17 (Liability) apply to the trial in full. We may change, suspend or discontinue the trial at any time.
- Acceptable use. All of Section 8 (Acceptable use) applies during the trial. In particular, you must not attempt to remove, hide or circumvent the trial watermark.
5. Nature of the Software
DustMagic uses a statistical, probabilistic algorithm to detect and remove dust, fibers and similar artifacts from film scans. By its nature, this kind of approach cannot detect 100% of dust in every image. The Software uses statistical image analysis, and the results depend on factors including:
- the resolution, exposure and noise of the source scan;
- the film stock, format, scanner and scanning workflow;
- the contrast between dust particles and the underlying image content;
- the settings you choose inside the Software.
You should expect that some dust may remain after processing, particularly small particles, low-contrast spots, or artifacts that overlap with image detail. You should also expect occasional false positives where the Software treats genuine image detail as dust. These are inherent characteristics of statistical dust detection and are not defects in the Software.
A defect (or "bug") means the Software does not work as it is supposed to - for example, it crashes, fails to open files it should open, batch processing fails partway through, license activation does not complete, or a feature documented at your Plan Tier is unavailable or broken. Bugs are covered by Section 12 (Support). Dissatisfaction with the thoroughness of dust detection on a particular image, where the Software is otherwise functioning correctly, is not a bug.
We continuously work to improve detection accuracy, and updates released during your License Term may improve results on previously difficult material. We do not, however, guarantee any specific level of detection accuracy on any particular image, scan or batch.
6. License Term and what you get for 12 months
Each License Key is valid for a License Term of 12 months from the date of purchase. During an active License Term you are entitled to:
- Full use of the Software at your Plan Tier, including all features available at that tier.
- All product updates we release for that Plan Tier during the License Term, at no additional cost.
- Bug-fix support for the Software (see Section 12).
Updates released during your License Term remain installed and usable on your device after your License Term ends, but continued access to License-restricted features requires an active License (see Section 7).
7. What happens after 12 months (Restricted Mode)
When your License Term ends and you do not buy another 12-month License, your copy of the Software will continue to work in Restricted Mode. In Restricted Mode:
- You may continue to process images one at a time using the single-image workflow. Images you export do not carry a watermark.
- Bulk / batch processing is disabled.
- You will no longer receive new product updates.
No other features are removed in Restricted Mode. To restore batch processing and receive new updates, you can buy another 12-month License at the then-current price. We will indicate clearly inside the Software which features require an active License.
8. Acceptable use
You agree not to, and not to allow any third party to:
- Copy, modify, translate, adapt or create derivative works of the Software, except as expressly permitted by law;
- Reverse engineer, decompile or disassemble the Software, except to the extent this restriction is prohibited by applicable law;
- Sell, rent, lease, sublicense, distribute, or otherwise transfer the Software or your License Key to any third party;
- Share, publish or expose your License Key, or use a License Key that was not issued to you;
- Circumvent, disable or tamper with any licensing, security or telemetry mechanism in the Software;
- Use the Software to process content that is unlawful, infringing, or that you do not have the right to process;
- Use the Software to build or train a competing product.
9. License Keys and activation
Your License Key is personal to you. You are responsible for keeping it confidential. We may deactivate License Keys that we reasonably believe have been shared, leaked, obtained fraudulently, or used in breach of these terms.
Activation requires the Software to contact ZNTH's servers to validate your License Key and record activation. See our Privacy Policy for details of what data is processed.
10. Your content
The images, scans and files you process with the Software remain yours. The Software processes them locally on your device. We do not upload, view or store your images. Nothing in these terms grants us any rights over your content.
11. Telemetry and analytics
The Software sends anonymous, pseudonymous usage analytics to help us improve the product. This is described in full in our Privacy Policy. You can turn it off at any time from Settings → Privacy inside the Software.
12. Support
While your License is active we will make reasonable efforts to fix reproducible bugs in the Software when you report them to support@dustmagic.io. To help us investigate, please include your Software version, operating system, and a clear description of the issue.
Our support does not cover:
- Advice on your personal or commercial photography, restoration or scanning projects;
- Creative or editorial decisions about your images;
- Training on general film scanning, color correction or image editing workflows;
- Issues caused by third-party software, hardware, or modified versions of the Software.
For help on how to use DustMagic, including tips, workflows and settings, please visit our community and knowledge base pages, which are the appropriate place for product usage questions.
13. Price, payment and taxes
Prices for each Plan Tier are shown on dustmagic.io at the time of purchase. Purchases are made through Lemon Squeezy (Lemon Squeezy, Inc.), which acts as our merchant of record: it takes your payment through its payment partners (for example Stripe for card payments, and PayPal where offered at checkout) and collects any applicable sales taxes. We may change provider in future and will update this page if so. All prices are in the currency displayed at checkout and, where applicable, exclude VAT, sales tax or other local taxes, which will be added as required by law.
Our refund offer is set out in our Refund Policy, which forms part of these terms. Nothing in our Refund Policy limits your statutory rights as a consumer in your country of residence.
14. Updates and changes to the Software
We may release updates, patches and new versions of the Software from time to time. We may also change, add to or remove features. Where changes materially reduce functionality at your Plan Tier during an active License Term, we will give you reasonable notice by email or in-app.
15. Termination
You may stop using the Software at any time. We may suspend or terminate your License if you materially breach these terms, if we reasonably suspect fraud or abuse, or if required by law. On termination for breach, your License Key may be deactivated and you must stop using the Software. Sections that by their nature should survive termination will do so, including Sections 3, 8, 10, 16, 17, 19 and 20.
16. Warranties and disclaimers
We provide the Software with reasonable care and skill. Except as required by law, the Software is provided "as is" and we do not guarantee that it will be uninterrupted, error-free, fit for any particular purpose, or capable of detecting any specific proportion of dust on any particular image (see Section 5 for the nature of the Software). You are responsible for keeping backups of your original images before processing them. Nothing in these terms limits your non-excludable statutory rights as a consumer.
17. Liability
Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under English law.
Subject to that, we will not be liable for: loss of profits, loss of business, loss of revenue, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss. We will not be liable for loss or damage to your images, projects or data where you could have avoided the loss by taking reasonable steps, including keeping backups.
Our total aggregate liability to you under or in connection with these terms, whether in contract, tort (including negligence) or otherwise, is limited to the total amount you have paid to us for the Software in the 12 months immediately before the event giving rise to the claim.
18. Events outside our or your control (force majeure)
Neither you nor we will be liable for any failure or delay in performing our obligations under these terms where that failure or delay results from any cause that is beyond the reasonable control of the party affected. Such causes include, without limitation: acts of God; flood, fire, earthquake or explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government order, law or action; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns or other industrial disturbances; epidemic or pandemic; failure or interruption of internet, telecommunications, hosting, payment-processor or third-party authentication services that we rely on; and shortage of adequate power, fuel or transportation. The party affected will use reasonable efforts to notify the other and to mitigate the effect of the event. This Section does not affect any payment obligations that have already fallen due.
19. Consumers
If you are a consumer in the UK or the EU, you have statutory rights that are not affected by these terms. This includes your rights in respect of digital content under the Consumer Rights Act 2015 in the UK.
20. Governing law and jurisdiction
These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute, except that if you are a consumer resident in another part of the UK, you may bring proceedings in your local courts.
21. 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. For material changes we will give reasonable notice, for example by email or through the Software. Your continued use of the Software after the changes take effect means you accept the updated terms.
22. Contact
Questions about these terms or about your License? Email us at support@dustmagic.io.
ZNTH Limited
Unit A9, Seedbed Centre
Vanguard Way, Shoeburyness
Southend-on-Sea SS3 9QY
United Kingdom
Telephone
+44 (0)7842 555 242