Customer Agreement (End-User License Agreement)

This Customer Agreement ("Agreement") is a legal agreement between you ("you") and SKJ APPS ("SKJ APPS," "Licensor," "we," "us," or "our"), the publisher of the GestureCraft software and any updates we make available under this Agreement (collectively, the "Software").

By purchasing, installing, activating, or using the Software, you agree to this Agreement. If you do not agree, do not purchase, install, activate, or use the Software.

1. License Grant

The Software is licensed, not sold.

Subject to your compliance with this Agreement and your acquisition of a valid license (whether by direct purchase or through the Setapp Marketplace), we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on the Mac or Macs you own or control, for your personal or internal business use.

A license is intended for use by one individual and may not be shared among multiple users unless we expressly offer, and you obtain, a multi-user or organizational license. Where you obtain the Software through Setapp, the number of devices and users permitted, and the duration of your right to use the Software, are governed by your Setapp subscription or purchase and the applicable Setapp terms.

2. Setapp Distribution and Merchant of Record

The Software may be distributed through the Setapp Marketplace operated by MacPaw ("Setapp").

When you obtain the Software through Setapp, you acknowledge and agree that Setapp acts as the merchant of record and is authorized to deliver and sublicense the Software to you on SKJ APPS' behalf. Setapp is authorized to grant you the license described in this Agreement, to distribute and make the Software available to you, and to handle the related account, billing, payment, and delivery in accordance with the Setapp terms and Setapp's own policies.

Your access to and use of the Software obtained through Setapp is also subject to the applicable Setapp subscription or purchase terms and Setapp's terms of service. If there is a conflict between this Agreement and the mandatory terms that govern your Setapp subscription or purchase, the mandatory Setapp terms control for that transaction, and this Agreement continues to govern your use of the Software itself.

3. Ownership and Intellectual Property

The Software is protected by copyright and other intellectual-property laws.

SKJ APPS retains all right, title, and interest in and to the Software, including all intellectual-property rights. No ownership rights are transferred to you, and no rights are granted except as expressly stated in this Agreement. All rights not expressly granted are reserved by SKJ APPS.

4. Restrictions

You may not, except to the extent applicable law expressly permits despite these restrictions:

• Copy the Software, except for reasonable backup or archival purposes;
• Distribute, publish, resell, rent, lease, sublicense, lend, share, or otherwise make the Software or your license available to another person;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the Software's source code;
• Modify, adapt, translate, or create derivative works of the Software;
• Remove, alter, or obscure any copyright, trademark, attribution, or other proprietary notice;
• Circumvent, disable, avoid, tamper with, or interfere with license activation, license validation, security features, or device limits; or
• Use the Software in violation of applicable law.

5. Updates and Future Versions

Your license includes updates that we choose to designate as updates to the version of the Software you obtained, when and if we make them available.

Updates may include bug fixes, compatibility changes, security improvements, modifications, or feature changes. We are not obligated to provide any particular update, feature, enhancement, maintenance service, or technical support. When the Software is obtained through Setapp, updates are generally delivered through Setapp; direct installations may receive updates through the built-in Sparkle updater.

Future major versions, separately branded products, or other products may require a separate license or subscription. Changes to macOS, Apple technologies, hardware, third-party software, or third-party services may affect the Software's compatibility, availability, or functionality, and we do not guarantee that the Software will remain compatible with every future operating-system, hardware, or third-party change.

6. Third-Party Software

The Software may include or use third-party software components that are governed by separate license terms. The Software includes the open-source Sparkle update framework, provided under its applicable open-source license. Nothing in this Agreement restricts any rights granted to you under that license with respect to Sparkle or any other third-party component. Applicable third-party notices may be provided with the Software, within the Software, or on our website.

7. Privacy

Your privacy matters. Our handling of information in connection with the Software is described in our Privacy Policy at https://gesturecraft.app/privacy/. Where you obtain the Software through Setapp, Setapp's own privacy policy governs the account, purchase, and payment information that Setapp processes as an independent controller and merchant of record.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND SYSTEM INTEGRATION.

WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; OPERATE WITHOUT INTERRUPTION, DELAY, ERROR, OR SECURITY VULNERABILITY; REMAIN COMPATIBLE WITH ANY PARTICULAR HARDWARE, OPERATING SYSTEM, APPLICATION, SERVICE, OR FUTURE TECHNOLOGY; PREVENT DATA LOSS OR SYSTEM FAILURE; OR CONTINUE TO BE AVAILABLE, UPDATED, SUPPORTED, OR DEVELOPED FOR ANY PARTICULAR PERIOD.

YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE BACKUPS OF YOUR DATA AND SYSTEM.

Nothing in this Agreement excludes or limits any warranty, right, remedy, or consumer protection that cannot lawfully be excluded or limited.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, INCLUDING LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITY, PRODUCTIVITY, GOODWILL, OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this section apply regardless of the form of action or legal theory. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.

10. Termination

This Agreement remains effective unless terminated in accordance with this section.

You may terminate it at any time by stopping use of the Software and deleting all copies in your possession or control. If you obtained the Software through Setapp, ending your Setapp subscription or entitlement will end your right to use the Software obtained through Setapp.

We may terminate this Agreement, or the applicable license may be deactivated, if you materially breach this Agreement and, where the breach is capable of correction, you fail to correct it within a reasonable period after notice, or immediately in cases involving unauthorized distribution or resale, intentional license sharing, license circumvention or tampering, fraudulent purchase activity, a refunded or successfully charged-back purchase, or unlawful use of the Software.

Upon termination, you must immediately stop using the Software and delete all copies in your possession or control. Sections concerning ownership, restrictions, third-party rights, disclaimers, limitations of liability, governing law, and any other provisions that by their nature should survive will survive termination.

11. Changes to this Agreement

We may update this Agreement for future distribution or future versions of the Software. The version presented to you at the time you obtain or activate the Software will generally govern that transaction, unless a later change is required by law, relates to newly introduced services or features, or you expressly accept the updated Agreement. We will not retroactively remove material rights associated with a completed purchase without a valid legal basis.

12. Governing Law

This Agreement is governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws principles, except where the mandatory law of your country of residence, or the mandatory terms governing your Setapp subscription or purchase, provides otherwise. Nothing in this section deprives a consumer of any protection, remedy, jurisdiction, or forum that cannot lawfully be waived under the laws applicable to that consumer.

13. Severability and Entire Agreement

If any provision of this Agreement is found invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted by law or, if it cannot be enforced, severed, and the remaining provisions will remain in full force and effect. This Agreement, together with the Privacy Policy, any applicable third-party license notices, and, where the Software is obtained through Setapp, the applicable Setapp terms, constitutes the entire agreement between you and us concerning the Software.

Contact

Questions about this Agreement or licensing may be sent to support@gesturecraft.app.

SKJ APPS - https://gesturecraft.app