Terms of service

Terms of Service

OVERVIEW This website is operated by SWPresets. Throughout the site, the terms “we”, “us” and “our” refer to SWPresets. By visiting our site and/or purchasing digital assets from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

These Terms apply to all users of the site, including without limitation users who are browsers, creators, and customers. Please read these Terms carefully before accessing or using our website.

SECTION 1 - DIGITAL LICENSE & USAGE

When you purchase a product from SWPresets, you are not purchasing the ownership of the files; you are purchasing a non-transferable, non-exclusive individual license to use the assets for personal or professional projects.

  • Prohibited Use: You may not redistribute, resell, sub-license, lease, or share these files with any third party.

  • Derivative Works: You may not modify these assets to create "new" LUTs or presets for sale or distribution.

  • Commercial Use: The license covers your use in videos for clients, social media, and film; however, the files themselves must remain in your possession and protected from public access.

SECTION 2 - NO REFUNDS & FINALITY OF SALE

Due to the nature of digital content, all sales are final. Once the Service has been rendered (the download link has been delivered), no refunds, returns, or exchanges will be issued. * Consent to Access: By completing your purchase, you express consent to receive immediate access to digital content and acknowledge that you forfeit your right to a refund.

  • Compatibility: It is the customer's responsibility to ensure software compatibility (e.g., Adobe Premiere Pro, DaVinci Resolve) prior to purchase.

SECTION 3 - FRAUD & DISPUTE RESOLUTION

We take "Friendly Fraud" and unauthorized chargebacks seriously.

  • Evidence of Delivery: Our system tracks IP addresses, timestamps, and download logs for every transaction.

  • Chargeback Consequences: In the event of a fraudulent chargeback claim, SWPresets reserves the right to submit all tracking logs to the issuing bank as evidence of completed delivery. Furthermore, a chargeback results in the immediate and permanent revocation of your license to use any SWPresets assets in your work.

SECTION 4 - INTELLECTUAL PROPERTY

All content included in our Service, such as digital assets, video clips, "Before & After" demonstrations, and brand imagery, is the property of Seth Welch/SWPresets and is protected by United States and international copyright laws. Unauthorized reproduction of our marketing materials or our digital files will be met with legal action.

SECTION 5 - LIMITATION OF LIABILITY

SWPresets and Seth Welch shall not be liable for any direct, indirect, or incidental damages arising out of your use—or inability to use—our products. This includes, but is not limited to, software crashes, corrupted project files, or hardware performance issues. Our total liability is limited to the amount paid for the product in question.

SECTION 6 - INDEMNIFICATION

You agree to indemnify and hold harmless SWPresets and Seth Welch from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 7 - GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, with venue in Pittsburgh, PA.

SECTION 8 - CONTACT INFORMATION

Questions regarding these Terms of Service should be directed to: Seth Welch sethwelchbooking@gmail.com Pittsburgh, Pennsylvania, USA