End User Licence Agreement (EULA)

IMPORTANT NOTICE FOR ALL USERS

By accepting this agreement, you confirm the following key terms: 

  • EU/UK Customers: You expressly consent to the immediate delivery of the digital product and acknowledge that you waive your statutory right of withdrawal (your right to a 14-day refund).

  • All Sales Are Final: Due to the digital nature of our products, we do not offer refunds or exchanges for any reason.

  • License, Not Ownership: This is a license to use the LUTs. You are strictly prohibited from sharing, reselling, or redistributing the files.

END USER LICENSE AGREEMENT (EULA)

This End User License Agreement ("Agreement") governs the terms by which the User may use digital products purchased from Phantom LUTs Pty Ltd ("Phantom LUTs", "we", or "us") via the website www.joelfamularo.com. By checking the acceptance box marked "I accept the terms" at checkout and/or downloading our digital products, the User acknowledges that they have read, understood, and agreed to abide by this Agreement.

Definitions

  • User: Refers to the purchaser or downloader of the Product.

  • Product: The digital LUT files provided by Phantom LUTs Pty Ltd.

  • Agreement: This End User License Agreement, including all terms stated herein.

1. EU and UK Withdrawal Waiver
Customers located in the European Union or United Kingdom expressly consent to the immediate delivery of the digital product and acknowledge that by doing so, they waive any statutory right of withdrawal or refund under local consumer protection laws, including but not limited to EU Directive 2011/83/EU and its UK equivalent regulations.

2. Grant of License
Phantom LUTs grants the User a non-exclusive, non-transferable, limited license to download, install, and use the Product. This license permits the User to incorporate the Product's effect into their video projects for personal, client, or commercial use. However, it does not permit the transfer of the original Product file(s) to any third party, including clients or collaborators. The Product itself may not be resold, redistributed, sublicensed, or repackaged in any form. This license does not transfer any ownership rights to the User.

3. Refund Policy
Due to the intangible nature of digital products, all purchases are final. We do not offer refunds or exchanges for change of mind, dissatisfaction with the results based on incompatible footage (as outlined in Clause 4), or if you purchased the Product by mistake.

Our contractual obligation is fulfilled upon providing the User with a working download link. The User is solely responsible for downloading the Product and possessing the required software and knowledge for its installation and use.

In the event of an issue, the User's sole remedy is to contact our support team. Our support obligation is limited to purchase verification, providing a fresh download link, and offering general educational guidance. Any technical assistance beyond this, such as for third-party software or user-specific configurations, is not guaranteed and is provided as a courtesy, solely at our discretion.

4. Footage Compatibility and User Responsibility
Phantom LUTs provides ample examples of intended results through its website, social media, and marketing materials. These results are based on footage properly captured using specified camera models, sensors, and LOG profiles. The User is solely responsible for shooting footage that meets these prerequisites. LUTs are not corrective tools for poorly captured or incorrectly exposed footage. Phantom LUTs accepts no responsibility for poor results arising from unsuitable or incompatible footage.

5. Restrictions on Use
The User expressly agrees that they will NOT:

  • Redistribute, resell, sublicense, or otherwise transfer the Product to any third party.

  • Share or distribute copies of the Product in any format, whether freely or commercially.

  • Alter, modify, reverse engineer, adapt, translate, or create derivative LUT products or similar technical tools based on the Product for any form of distribution, resale, or public sharing.

Users may use the Product as part of a color grading workflow in their own projects—including commercial work for clients—provided that the resulting files are not LUTs, presets, or color grading tools intended for reuse, redistribution, or sale. Any attempt to repackage, repurpose, or extract the LUT into a standalone or embedded product, whether modified or unmodified, constitutes a breach of this Agreement and will be pursued to the fullest extent of the law.

6. Intellectual Property
All rights, title, and interest in the Product, including copyrights and any other intellectual property rights, remain exclusively with Phantom LUTs Pty Ltd. No ownership rights are transferred under this Agreement.

The rights granted under this Agreement are personal to the User and may not be assigned, transferred, or sublicensed to any other party without prior written consent from Phantom LUTs Pty Ltd.

Phantom LUTs actively monitors for unauthorized distribution, resale, and reverse engineering of its proprietary products. This includes surveillance of public-facing digital marketplaces, piracy websites, file-sharing networks, and social media platforms such as Instagram and YouTube. We engage third-party services to assist in the detection, tracking, and delisting of pirated versions of our products and unauthorized listings across global platforms. Monitoring is limited to publicly accessible content and is conducted solely for the purpose of enforcing our intellectual property rights.

Phantom LUTs will pursue all available legal remedies, including takedown notices, cease and desist letters, and civil or criminal proceedings against infringers to the fullest extent permitted by law.

7. Disclaimer of Warranty
The Product is provided "AS IS" without warranties of any kind, express or implied. Phantom LUTs does not warrant that the Product will meet the User's specific requirements or expectations.

Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on the statutory rights of a consumer. Therefore, the exclusions and limitations in this Agreement may not apply to you. Nothing in this Agreement is intended to affect any non-waivable statutory rights that you may have.

8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Phantom LUTs Pty Ltd be liable for any indirect, incidental, special, consequential, or punitive damages arising out of the User's use or inability to use the Product. In no event will Phantom LUTs Pty Ltd's total liability to the User for all damages, losses, and causes of action exceed the amount paid by the User for the Product.

9. Termination
This Agreement and the license granted herein will automatically terminate upon breach of any terms by the User. Upon termination, the User must immediately cease all use of the Product and permanently delete all copies, including any backup or archival copies, without limitation. Phantom LUTs reserves the right to seek damages, injunctive relief, and attorney fees in the event of breach.

10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law principles.

Notwithstanding the foregoing, Phantom LUTs reserves the right, at its sole discretion, to seek injunctive or other equitable relief to protect its intellectual property in any court of competent jurisdiction. Users who violate the terms of this Agreement—including but not limited to unauthorized distribution, resale, or reproduction—may be subject to significant civil liability and statutory damages under applicable national and international intellectual property laws.

11. License, Download Service, and User Responsibility

The license granted to the User for the Product under this Agreement is perpetual. This perpetual license, however, is distinct from the download service through which the Product is delivered.

The User bears the sole responsibility to download the Product and create a secure backup promptly upon purchase. Our primary contractual obligation is fulfilled upon providing the User with initial access to a working download link for the purchased Product.

Accordingly, Phantom LUTs Pty Ltd reserves the right, in its sole discretion, to manage the availability of its download service. This includes the right to modify download policies, enforce download limits, or cease providing download access for any or all Products at any time, for any reason, and without prior notice. Such reasons may include, but are not limited to, the discontinuation of a Product, changes in third-party hosting capabilities, or the cessation of business operations.

Any courtesy extensions of download limits or timeframes are provided as a gesture of goodwill and shall not constitute a waiver of our rights under this section. Phantom LUTs shall not be liable to the User or any third party for any inability to re-download the Product after the User has been provided with the initial download and a reasonable opportunity to create a backup.

12. Acceptance of Terms
By checking the acceptance box marked "I accept the terms" at checkout and/or downloading the Product, the User confirms their unconditional acceptance and agreement to all terms and conditions outlined in this Agreement.

13. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect.

14. Entire Agreement
This Agreement constitutes the entire understanding and agreement between Phantom LUTs Pty Ltd and the User, superseding all prior agreements, representations, or understandings regarding the Product.

15. Third-Party Services
The purchase and delivery of the Product are facilitated by third-party platforms, including SendOwl, PayPal, and Square. The User agrees that Phantom LUTs Pty Ltd is not responsible for any errors, outages, security issues, or other failures originating from these third-party services. The User's interaction with these services is governed by their respective terms of service and privacy policies.

16. Privacy

Your purchase of the Product and use of our website are also governed by our Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy can be found at https://www.joelfamularo.com/privacy-policy. By accepting this Agreement, you acknowledge that you have read and consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

17. Reporting Violations
If you become aware of any unauthorized use, resale, or redistribution of Phantom LUTs’ products, please report it immediately to hello@joelfamularo.com. Phantom LUTs actively enforces its intellectual property rights and will take action against violators.

For any questions regarding this Agreement, please contact us directly at hello@joelfamularo.com.