Terms of Use

These Terms of Use (the “Terms”) govern your use of OverlayCam (the “App”), a macOS application published by elepea (“elepea”, “we”, “us”), a company organised under the laws of the Republic of Colombia, together with the website at overlaycam.app (the “Site”).

By downloading, installing or using the App you accept these Terms. If you do not accept them, do not install or use the App, and remove any copy you have already installed.

These Terms are an agreement between you and elepea only, and not with Apple Inc. (“Apple”). elepea, not Apple, is solely responsible for the App and its content.

elepea grants you a personal, non-transferable, non-exclusive, revocable licence to install and use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions. The licence covers both personal and internal commercial use, including video calls you make on behalf of an employer or a client.

The App is licensed to you, not sold. elepea and its licensors retain all right, title and interest in the App, including every copy of it, and reserve all rights not expressly granted here.

Where the App is obtained through the Mac App Store, this licence may be shared by members of your Family Sharing group where Apple enables that for the App.

You may not copy the App except as this licence allows, rent, lease, lend, sell, redistribute or sublicense it, or make it available over a network where it could be used by several devices at once.

You may not reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the extent that applicable law expressly permits it despite this restriction.

You may not remove, obscure or alter any proprietary notice in the App, or use it to build a competing product.

You may not use the App to impersonate another person or organisation, or to display a logo, trade mark, name or title that you are not entitled to display. You are responsible for the content of every overlay you compose.

The App installs a system camera extension so that the branded picture it produces appears as a camera device to other applications on your Mac. macOS asks you to approve that extension, and asks separately for permission to use your webcam. Both permissions are yours to grant and yours to revoke.

The App composites your overlay locally on your Mac. It does not upload, record or store the video it processes, and elepea has no access to the content of your calls.

Whether a given video conferencing service accepts a virtual camera is a decision of that service, not of elepea. We do not warrant that any particular application will list or accept the OverlayCam device, and a change to macOS or to a third-party app may affect that at any time.

Logos, images, names, titles, colours and presets that you add to the App remain yours. elepea claims no ownership of them and does not receive a copy of them.

You represent that you hold the rights necessary to use every image and mark you place in an overlay, and you are solely responsible for any claim arising from displaying it.

The App is currently offered free of charge as an early release. elepea may introduce paid versions, paid features or subscriptions in the future; any such change will apply to new purchases and will not retroactively charge you for a version you already installed.

Being an early release, the App may contain defects and may change substantially between versions. elepea may add, modify or discontinue features, and may stop distributing or supporting the App altogether, at any time.

elepea is solely responsible for providing any maintenance and support for the App. You can reach us at contacto@lopongoaca.com, and we aim to answer within a reasonable time. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.

Updates are provided at our discretion. Any update is covered by these Terms unless it is accompanied by its own licence, in which case that licence governs.

To the maximum extent permitted by applicable law, the App and the Site are provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. elepea does not warrant that the App will be uninterrupted or error-free, or that it will be compatible with any particular hardware, version of macOS or third-party application.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of elepea.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these Terms limits any statutory consumer right that cannot be waived under Colombian law, including Law 1480 of 2011.

To the maximum extent permitted by applicable law, elepea will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to your use of or inability to use the App, even if advised of the possibility of such damages.

To the extent elepea is found liable notwithstanding the above, its total aggregate liability arising out of or related to the App is limited to the greater of the amount you paid for the App in the twelve months before the event giving rise to the claim, or fifty United States dollars (USD 50).

elepea, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App’s use of any framework provided by Apple.

In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, elepea, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

“OverlayCam” and “elepea” and their logos are marks of elepea. These Terms grant you no right to use them, except to state factually that you use the App.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable third-party terms when using the App, including the terms of service of any video conferencing platform on which you use it.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of them Apple will have the right — and will be deemed to have accepted the right — to enforce these Terms against you as a third-party beneficiary of them.

This licence is effective until terminated. It terminates automatically, without notice, if you fail to comply with any of these Terms. You may terminate it at any time by uninstalling the App and destroying every copy of it in your possession. Sections on warranty, liability, claims, intellectual property and governing law survive termination.

These Terms are governed by the laws of the Republic of Colombia, without regard to conflict-of-law rules. Any dispute arising from them will be submitted to the competent courts of Medellín, Colombia, save where mandatory consumer law grants you the right to bring the dispute before the courts of your place of residence.

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.

elepea may update these Terms as the App evolves. The date at the top of this page marks the current version, and the updated Terms take effect when published here. Continuing to use the App after a change means you accept the revised Terms; if you do not, uninstall the App.

Questions about these Terms can be sent to contacto@lopongoaca.com. elepea, Colombia.