Legal Terms

1. Agreement to Terms

These Legal Terms constitute a legally binding agreement made between you ("you") and 53 Software (legally operated by FOP Prystupa Y. K., Ukraine, "we," "us," or "our"), concerning your purchase, download, installation, and use of the VRAM Shield software (the "Software").

By clicking the checkbox to agree to these terms before purchase, and by installing or using the Software, you agree to be bound by these Legal Terms. If you do not agree with all of these terms, then you are expressly prohibited from using the Software and you must discontinue use immediately.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

By agreeing to these Terms, you represent and warrant that you are at least 18 years of age, or that you are at least 13 years of age (16 in the EU) and have obtained parental consent to use the Software. The Software is not intended for users under the age of 13.

2. License Grant

2.1. Lifetime License for Version 2.x

Upon your purchase, we grant you a perpetual, non-exclusive, non-transferable, limited license to install and use Version 2.x of the Software on a single device at a time for your personal, non-commercial use, subject to the "Highlander Rule" outlined in our licensing policy.

2.2. Updates and Future Versions

"Lifetime" in this context refers only to the duration of your right to use Version 2.x of the Software. This license includes all minor updates and bug fixes within the 2.x version series (e.g., 2.2.1, 2.3.0). It does not entitle you to any future major upgrades. We reserve the right to offer future major versions of the Software as separate products that may require a new purchase or be subject to different license terms.

3. Privacy and Data

Your privacy is important to us. We collect and process a limited amount of data, such as your email, IP address, and a hardware ID hash, strictly for licensing, security, and anti-fraud purposes. For full details, please review our Privacy Policy, which is incorporated by reference into these Terms.

4. Restrictions on Use

You agree not to, and you will not permit others to: (a) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Software; (b) resell, distribute, or sublicense your license key; (c) use the Software for any purpose other than its intended use.

5. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS". YOU USE IT AT YOUR OWN RISK. THE FOLLOWING DISCLAIMERS ARE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5.1. For All Users (including the USA)

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL PREVENT HARDWARE DAMAGE, OPERATE UNINTERRUPTED, OR BE FREE OF BUGS OR ERRORS.

5.2. For Consumers in the European Union and UK

If you are a consumer based in the European Union or the United Kingdom, your mandatory statutory rights, including those provided by the Directive (EU) 2019/770, are not affected by the disclaimers in section 5.1. This includes your right to remedies in case of a lack of conformity of the Software.

6. Limitation of Liability

VRAM Shield manages system processes to mitigate heat. However, hardware health depends on many factors beyond our control. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY HARDWARE FAILURE, DATA LOSS, LOSS OF PROFITS, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE.

Our total aggregate liability to you for any and all claims arising out of these terms or your use of the Software will not exceed the amount you paid for the Software license.

These limitations do not apply to liability that cannot be excluded or limited by applicable law, such as for death or personal injury caused by our negligence, for gross negligence, or for intentional misconduct.

7. Governing Law and Jurisdiction

These Terms and your use of the Software are governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Ukraine, and the parties irrevocably consent to the personal jurisdiction and venue therein.