Terms of sale and license
Effective 24 October 20261. Who we are
MarkCluster is made and licensed by FUJIMORI Tomotaka, an individual sole proprietor in Japan (“we”, “us”). Contact: [email protected].
2. Merchant of record
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. Payment, taxes, invoices and refunds are governed by Paddle's Buyer Terms.
3. Acceptance
By using this website, downloading, installing or using MarkCluster, or buying a license, you agree to these terms and to the MarkCluster End User License Agreement (EULA). If you don't agree, please don't use MarkCluster. If these terms and the EULA conflict about the use of the software, the EULA applies.
4. What you buy
- A perpetual license to MarkCluster 1.x for one person, on up to three computers (any mix of Windows, macOS and Linux), for personal and commercial use.
- All MarkCluster 1.x updates, free. New major versions may be offered as a paid upgrade.
- Delivery: your license key is emailed right after payment; the software is downloaded from this website.
5. Price, taxes, payment and refunds
The price is US$29. Paddle shows it in your local currency where available. Where the law of your country requires prices to include tax — for example, VAT in the European Union, the European Economic Area, the United Kingdom and Switzerland — the price shown on this website and at checkout already includes it. Elsewhere, sales tax is added at checkout. Paddle shows the final price, including all taxes, before you pay. You can try every feature free for 14 days before buying, and you have a 30-day money-back guarantee after buying.
6. Your rights as a consumer in Europe
- Right of withdrawal. If you live in the EU, the EEA or the UK, you generally have 14 days to withdraw from your purchase. Because your license key is delivered immediately, Paddle's checkout asks you to agree to immediate delivery and to acknowledge that you then lose this right. Our 30-day money-back guarantee applies regardless — see the refund policy.
- Legal guarantee. You have the statutory rights that the consumer law of your country gives you if the software does not conform to the contract. Nothing in these terms or the EULA limits them.
- Updates and support period. We provide security updates and the other updates needed to keep MarkCluster 1.x in conformity, free of charge, until at least 31 December 2031. Updates are published on this website, and we may email you about important security updates.
- Law and courts. These terms are governed by the laws of Japan, but you keep the protection of the mandatory consumer law of the country where you live, and you may bring proceedings in its courts (see section 16 of the EULA).
7. Acceptable use
You must not use MarkCluster or this website for unlawful purposes or fraud; infringe anyone's intellectual property; share, publish or resell license keys; circumvent the license check or the trial; or interfere with the security or operation of this website or our systems. The full list of restrictions is in section 7 of the EULA.
8. Intellectual property
MarkCluster, its name, logo and this website are owned by FUJIMORI Tomotaka. The software is licensed, not sold. Third-party components are licensed under their own terms, listed in the app. Your notes belong to you.
9. No guarantee of availability
MarkCluster runs on your own computer and does not depend on our servers. This website, downloads and license-key emails are provided on a reasonable-efforts basis, without any guaranteed uptime. The software is provided “as is” to the extent permitted by law, as described in the EULA.
10. Suspension and termination
We may deactivate a license key that was shared, published, obtained fraudulently, refunded or charged back, and the license ends if you materially breach the EULA (see section 14 of the EULA).
11. Liability and law
Our liability is limited as set out in sections 11–13 of the EULA, which also protect any rights you have as a consumer that cannot be excluded, and which contain the rules for consumers in the EU, EEA, UK and Switzerland. These terms are governed by the laws of Japan, as described in section 16 of the EULA.
12. Security and vulnerability reports
If you find a security vulnerability in MarkCluster, this website or our license system, please tell us at [email protected] (subject “Security”), in English or Japanese. Please include the affected version and operating system, the steps to reproduce the problem and its impact.
- We acknowledge reports within 5 business days, keep you informed, and fix confirmed vulnerabilities as quickly as we can.
- Please give us a reasonable time to release a fix before you disclose the issue publicly. We'll credit you in the release notes if you wish.
- We won't take legal action against good-faith research that respects these rules: don't access or change other people's data, don't disrupt our services, and don't use social engineering or physical attacks.
- Security fixes are announced on this website. We report actively exploited vulnerabilities to the authorities where the law requires it (for example, under the EU Cyber Resilience Act).
This policy is also published in machine-readable form at /.well-known/security.txt.
13. Changes and contact
We may update these terms for future purchases; the date above shows the current version. Questions: [email protected].