Please read this Terms of Service and End User License Agreement ("Agreement") carefully before downloading, installing, or using any mobile applications, web applications, software, or underlying frameworks (collectively, the "Software") provided by Keith A Hird ("Licensor", "Owner", "I", "Me", or "My").
By downloading, installing, accessing, or using the Software from the Google Play Store, a companion website, or any other medium, you agree to be bound by the terms of this Agreement. If you do not agree, do not download, install, access, or use the Software.
1. Intellectual Property Ownership (Anti-Theft Clause)
The Software, including but not limited to its source code, object code, framework architecture, data transfer mechanisms, web development assets, algorithms, user interfaces, designs, and documentation, is the exclusive intellectual property of Keith A Hird.
This Agreement is a license to use the Software, not a sale. No title, ownership, or intellectual property rights are transferred to you under this Agreement. All rights not expressly granted to you are strictly reserved by Keith A Hird.
2. Grant of License
Keith A Hird grants you a personal, revocable, non-exclusive, non-transferable, limited license to download, install, access, and use the Software — including any mobile application and any companion web application — on compatible devices, solely for your personal or authorized internal business use, strictly in accordance with the terms of this Agreement.
3. Accounts and Registration
Some features of the Software require you to create an account using an email address and password. You agree to:
- Provide accurate, current, and complete information when creating an account;
- Maintain the security and confidentiality of your login credentials;
- Accept responsibility for all activity that occurs under your account, whether or not authorized by you;
- Notify Licensor promptly of any unauthorized use of your account.
Licensor is not liable for any loss or damage arising from your failure to safeguard your account credentials. Licensor reserves the right to suspend or terminate any account that violates this Agreement.
4. Subscriptions, Purchases, and Payments
The Software may offer a free tier (which may include advertising) and a paid "Pro" tier or other paid features, made available through:
- In-app purchases and subscriptions on mobile, processed by Google Play Billing; and/or
- Purchases and subscriptions on the web, processed by Stripe.
By purchasing a subscription or one-time upgrade, you agree to the following:
- Auto-renewal: Subscriptions automatically renew for the same term unless cancelled before the end of the current billing period.
- Cancellation: Subscriptions purchased through Google Play must be cancelled through your Google Play account settings. Subscriptions purchased through the web must be cancelled through the account/billing management tool provided in the web application, or by contacting Licensor. Cancelling stops future renewals but does not refund the current billing period.
- Refunds: All purchases are subject to the refund policy of the platform through which they were made (Google Play's refund policy for mobile purchases; Licensor's own policy, described below, for web purchases made via Stripe). Except where required by applicable law, purchases are non-refundable.
- Price changes: Licensor may change subscription pricing at any time. Any price change will apply to renewals after you've been given reasonable notice, not to a period you've already paid for.
- Your responsibility: You are responsible for any taxes, foreign transaction fees, or other charges associated with your payment method.
Client-side app behavior (such as whether a feature is unlocked) is never the sole basis for what you were charged — all purchases are verified server-side before Pro access is granted.
5. Data, Privacy, and Cloud Sync
The Software uses third-party cloud infrastructure (including Google Firebase) to authenticate accounts, store your project data, and sync it across your devices. Your use of the Software's data storage and sync features is also governed by Licensor's Privacy Policy, available on Licensor's website, which describes what data is collected, how it's used, and how you can request deletion of your account and data. In the event of a conflict between this Agreement and the Privacy Policy regarding data handling, the Privacy Policy controls.
You are responsible for the content you create and store using the Software. Licensor is not responsible for loss of user-generated content due to factors outside Licensor's reasonable control, including device failure, connectivity issues, or third-party service outages.
6. Restrictions on Use
To protect the integrity of the Software and underlying frameworks, you strictly agree NOT to, and will not permit others to:
- Decompile or Reverse-Engineer: Decompile, reverse-engineer, disassemble, attempt to derive the source code of, or decrypt the Software or any of its data transfer frameworks.
- Clone or Duplicate: Copy, modify, adapt, improve, translate, or create derivative works from the Software.
- Redistribute or Sell: Rent, lease, loan, sell, sublicense, distribute, or otherwise commercially exploit the Software or make it available to third parties.
- Remove Notices: Remove, alter, or obscure any copyright, trademark, or proprietary rights notices placed on or within the Software by Keith A Hird.
- Network Misuse: Use the Software's web development or data transfer functionalities to disrupt, hack, or overload any servers, networks, or connected API systems.
- Circumvent Payment Systems: Bypass, disable, tamper with, or attempt to circumvent any purchase, subscription, or license-verification mechanism used to gate Pro features.
7. Third-Party Services
The Software relies on third-party services to operate, including but not limited to Google Firebase (authentication and data storage), Google Play Billing, Stripe (payment processing), and advertising networks (such as Google AdMob/AdSense) shown to free-tier users. Your use of the Software is also subject to the applicable terms of these third-party providers. Licensor does not control and is not responsible for the availability, performance, or practices of these third-party services.
8. Age Requirement
The Software is not directed to children under the age of 13, and Licensor does not knowingly collect personal information from children under 13. If you are between 13 and the age of majority in your jurisdiction, you may only use the Software with the involvement and consent of a parent or legal guardian. If you believe a child has provided personal information to Licensor without appropriate consent, please contact Licensor so the information can be removed.
9. Termination
This Agreement is effective until terminated. Your rights under this license will terminate automatically without notice if you fail to comply with any terms of this Agreement. Upon termination, you must immediately cease all use of the Software and delete all copies from your devices. Termination does not entitle you to a refund of any amounts already paid, except as required by applicable law or platform policy. You may request deletion of your account and associated data at any time as described in the Privacy Policy.
10. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Software is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that the Software will be uninterrupted, error-free, or secure.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Keith A Hird be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Software, including but not limited to data loss, server downtime, or device malfunction, even if advised of the possibility of such damages.
12. Modifications to This Agreement
Licensor may update this Agreement from time to time. Material changes will be reflected by an updated "Last Updated" date above. Your continued use of the Software after a revised Agreement takes effect constitutes acceptance of the changes. If you do not agree to a revised Agreement, you must stop using the Software.
13. Export Compliance
You agree to comply with all applicable export control and economic sanctions laws and regulations, and represent that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo, and are not on any U.S. government restricted-party list.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles, and without regard to the Uniform Computer Information Transactions Act (UCITA) to the extent permitted by law. Any dispute arising out of or relating to this Agreement or the Software shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas, and you consent to personal jurisdiction there.
15. Entire Agreement; Severability
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Licensor regarding the Software and supersedes any prior agreements. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.
16. Contact
Questions about this Agreement can be directed to Keith A Hird at starneel.productions@gmail.com.