These Terms of Service (“Terms”) are a legal agreement between you and Schaun Johnson, who publishes software under the trade name skjapps (“SKJ APPS,” “we,” “us,” or “our”), covering the macOS applications we publish — including DockApp, MistBar, GestureCraft, TrillMark, and other apps we release — together with their updates and this website (collectively, the “Software”).
By purchasing, installing, activating, or using the Software, or by using this site, you agree to these Terms. 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 payment of the applicable price and compliance with these Terms, we grant you a perpetual, limited, personal, non-exclusive, non-transferable license to install, activate, and use a purchased app on up to three (3) Macs at one time that you own or control, for your personal or internal business use.
You may deactivate an app on one Mac and transfer that activation to another Mac you own or control, subject to the activation limits provided with the app. A license is intended for one individual and may not be shared among multiple users unless we expressly offer and you purchase a multi-user license. Each purchase is a one-time purchase and not a subscription; there is no recurring license fee to keep using the version you bought.
2. Ownership
The Software is protected by copyright and other intellectual-property laws. We retain 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 these Terms.
3. Restrictions
Except to the extent applicable law expressly permits despite these restrictions, you may not:
- 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, or interfere with license activation, validation, security features, or device limits; or
- Use the Software in violation of applicable law.
4. License activation and validation
An app may communicate with us or our licensing provider to activate, validate, deactivate, restore, or manage your license, which may require an internet connection at certain times. Information processed in connection with licensing is governed by our Privacy Policy and, where applicable, the policies of our licensing and payment providers. We may deactivate a license associated with a refund, chargeback, fraudulent purchase, unauthorized distribution, license circumvention, or material breach of these Terms.
5. Updates and future versions
Your license includes updates we choose to designate as updates to the version you purchased, when and if we make them available. Updates may include bug fixes, compatibility changes, security improvements, or feature changes. We are not obligated to provide any particular update, feature, or support. Future major versions, separately branded products, or optional paid features may require a separate purchase. Changes to macOS, Apple technologies, hardware, or third-party services may affect an app’s compatibility or functionality, and we do not guarantee continued compatibility with every future change.
6. Third-party software
The Software may include third-party components governed by separate license terms. Our apps include the open-source Sparkle update framework, provided under its applicable open-source license; nothing in these Terms restricts any rights granted to you under that license. Applicable third-party notices may be provided within the Software or on this website.
7. Purchases, payment provider, and taxes
Purchases of the Software are processed by a third-party payment provider that acts as the Merchant of Record for the sale. That provider processes payment and may handle billing, invoicing, applicable sales or value-added tax, refunds, chargebacks, and related transaction matters in accordance with its own terms and policies. Your purchase may also be subject to that provider’s checkout terms and privacy policy.
8. Refunds
We offer a 14-day, no-questions-asked refund on app purchases. Full details, including how to request one, are in our Refund Policy. When a refund is issued, the associated license may be deactivated, and you must stop using and delete all copies of the refunded app. This voluntary policy does not limit any refund right or consumer protection that cannot lawfully be waived.
9. Beta and preview features
Features identified as beta, preview, experimental, or pre-release may be incomplete, contain errors, change substantially, or be removed without notice. You use them at your own risk, and they may not be suitable for production or data-sensitive use.
10. 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, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, REMAIN COMPATIBLE WITH ANY PARTICULAR SYSTEM, OR PREVENT DATA LOSS. YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE BACKUPS.
Nothing in these Terms excludes or limits any warranty or consumer protection that cannot lawfully be excluded or limited.
11. 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, INCLUDING LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR USE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP.
These limitations apply regardless of the legal theory. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
12. Termination
These Terms remain effective until terminated. You may terminate at any time by stopping use of the Software and deleting all copies in your possession or control. We may terminate or deactivate the applicable license if you materially breach these Terms (and, where curable, fail to cure within a reasonable period after notice), or immediately in cases of unauthorized distribution, intentional license sharing, license circumvention, fraudulent purchase activity, a refunded or charged-back purchase, or unlawful use. Provisions that by their nature should survive termination will survive.
13. Changes to these Terms
We may update these Terms for future purchases or future versions of the Software. The version presented to you at the time of purchase or activation generally governs that purchase, unless a later change is required by law, relates to newly introduced features, or you expressly accept the updated Terms. We will not retroactively remove material rights associated with a completed purchase without a valid legal basis.
14. Governing law and disputes
These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws principles. Subject to any rights that cannot lawfully be waived, the state and federal courts located in Michigan will have exclusive jurisdiction over disputes arising out of or relating to the Software or these Terms, and you consent to their personal jurisdiction. Either party may bring an eligible individual claim in small-claims court. Nothing here deprives a consumer of any protection or forum that cannot lawfully be waived.
15. General
If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted, or severed, and the remaining provisions will remain in effect. A failure to exercise a right is not a waiver of it. You may not assign these Terms or your license without our prior written consent; we may assign them in connection with a sale, merger, or acquisition, provided your non-waivable rights are preserved.
16. Entire agreement
These Terms, together with any applicable purchase terms, our Privacy Policy, our Refund Policy, and third-party license notices, constitute the entire agreement between you and us concerning the Software, and supersede all prior communications concerning it. If there is a conflict between these Terms and a mandatory provision of applicable law, the mandatory provision controls.
Contact
Questions about these Terms, licensing, or refunds: support@skjapps.com.