End User License Agreement (EULA)

1. Acceptance

1.1 Clickwrap Acceptance. By clicking “Agree & Continue,” checking any consent box presented, or otherwise explicitly indicating acceptance within the Software, you agree to be bound by this End‑User License Agreement (the “EULA”). If you do not agree, do not install or use the Software; if presented with the option, choose Disagree/Quit.

1.2 Store Distribution. If you obtained the Software via the Mac App Store (MAS), you also accept Apple’s applicable usage rules and either Apple’s Standard EULA or this custom EULA at or before download. In‑app clickwrap may still be presented for clarity and recordkeeping.

1.3 Gating. Certain functionality may be disabled until you have accepted this EULA. We may require acceptance following reinstalls, major updates, or material changes to this EULA.

1.4 Record of Assent. We may maintain a non‑sensitive record of your assent (e.g., EULA version, timestamp, application version, and, for direct licenses, a one‑way hash of your license key) to demonstrate compliance and manage version prompts.

2. Scope of License

2.1 License Grant. Subject to payment (if any) and compliance with this EULA, we grant you a personal, limited, revocable, non‑exclusive, non‑transferable license to install and use one copy of the Software for its intended purpose on devices you own or control.

2.2 Distribution Channels. MAS. If you obtained the Software via MAS, your license is also governed by Apple’s applicable usage rules. Direct Distribution. If you obtained the Software directly from us (including with a license key), the license is activated and verified by our systems and is subject to Section 9 (Activation & License Keys).

2.3 Restrictions. Except where prohibited by law, you may not: (a) rent, lease, lend, sell, sublicense, or distribute the Software; (b) copy (except a reasonable backup), modify, adapt, translate, or create derivative works; (c) reverse engineer, decompile, or disassemble; (d) remove or alter proprietary notices; (e) use the Software to provide competing products/services or for any purpose not expressly permitted.

3. Ownership

The Software is licensed, not sold. We and our licensors retain all title, ownership, and intellectual‑property rights in and to the Software and any copies or derivative works.

4. “Lifetime License” Definition & Updates

4.1 Meaning. A “Lifetime” license means rights to use the then‑current product line (the Software identified by name and primary feature set) for as long as we continue to offer and maintain that product line (the “Product Lifetime”). It does not mean the lifetime of any individual or the indefinite availability of any particular feature, service, operating‑system compatibility, or platform.

4.2 Included Updates. During the Product Lifetime, you are entitled to receive updates, fixes, and minor/maintenance releases that we make generally available. We may, at our discretion, release major new versions or separate products that are outside the Product Lifetime and may be offered as a new purchase.

4.3 End of Life (EOL). We may declare the Software End‑of‑Life when, in our good‑faith business judgment, it is commercially unreasonable to continue providing updates (for example, due to platform deprecation, security requirements, or lack of demand). After EOL, your existing copy may continue to function on compatible systems, but we have no obligation to provide further updates, compatibility adjustments, or support.

4.4 Third‑Party Dependencies. The Lifetime license does not guarantee the continued availability of third‑party services, data sources, stores, or frameworks (e.g., Apple APIs, app store services, cloud features). If such dependencies change or become unavailable, related features may cease to function without constituting a breach by us.

5. Support

Support may be provided at our discretion. Unless otherwise stated in a separate support policy, support is provided on a best‑effort basis and may be limited to the most recent version of the Software.

6. External Services & Content

The Software may enable access to our or third‑party websites, services, content, or materials (“External Services”). Your use of External Services is at your sole risk and may be subject to additional terms. We are not responsible for third‑party content or services.

7. Data & Privacy

Use of the Software may involve the processing of technical or diagnostic information to provide updates, improve performance, prevent fraud, or deliver features. Personal data, if any, is processed in accordance with our Privacy Policy at: https://butterkit.app/privacy.

8. Updates & Changes

The Software may automatically check for, download, and install updates. You consent to such updates. We may modify or discontinue features at any time.

8.1 Changes to this EULA (Versioning & Notice). We may update this EULA from time to time. When we do, we will update the Effective Date at the top.

8.2 Material Changes (Re‑Acceptance). If a change materially affects your rights or obligations (for example, license scope, fees, dispute resolution, privacy practices, data usage, “Lifetime” terms, or termination rights), we will present the revised EULA in‑app for clickwrap acceptance before continued use. After a reasonable notice period, certain functionality may be disabled until acceptance.

8.3 Non‑Material Changes. For clarifications, corrections, or organizational edits that do not materially affect your rights or obligations, the changes take effect upon posting and updating the Effective Date. Continued use after the Effective Date constitutes acceptance of those non‑material changes.

8.4 Compatibility. Updates may be necessary to maintain compatibility with operating systems, app store policies, or third‑party services. We are not obligated to maintain compatibility with platforms or services modified or discontinued by third parties.

8.5 Channel Conflicts. If this Section 8 conflicts with a distribution‑channel policy (e.g., Apple’s), the stricter or store‑mandated notice/assent requirements control for that channel.

9. Activation, License Keys & Anti‑Fraud (Direct Distribution)

If a license key or sign‑in is required: (a) you must keep credentials and keys confidential; (b) we may implement technical measures to prevent unauthorized use; (c) we may suspend or revoke activation in cases of misuse, circumvention, refund/chargeback, or breach of this EULA.

10. Fees & Taxes; Refunds

10.1 Fees & Taxes. All fees are due as stated at purchase. Prices may be shown exclusive of taxes; where required, we will collect and remit applicable taxes (e.g., sales/VAT/GST). You are responsible for any taxes, duties, or levies not collected.

10.2 App Store Purchases. If purchased via the Mac App Store, billing and any refunds are handled solely by Apple under its policies. We cannot issue or control refunds for App Store transactions.

10.3 Direct Purchases — Our Refund Policy. If you don't love ButterKit, you may request a full refund within 14 calendar days of purchase. Upon refund, your license terminates and any associated keys will be disabled.

10.4 How to Request. Email hi@butterkit.app with your order ID and purchase email.

10.5 Chargebacks. If a chargeback or payment dispute is initiated, we may suspend or revoke the license and disable associated keys pending resolution.

10.7 EU/UK Consumers. If you reside in the EU or UK, you have a statutory 14‑day right to withdraw from purchases of digital content not supplied on a tangible medium. By downloading, activating, or otherwise accessing the Software before the end of this period, you expressly consent to immediate performance and acknowledge you lose the right of withdrawal to the extent permitted by law. This clause does not affect non‑waivable consumer rights.

11. Termination

This EULA remains in effect until terminated. It terminates automatically if you breach it. Upon termination you must cease use, uninstall, and destroy all copies. Sections that by their nature should survive (e.g., 3, 4.3–4.4, 6, 10–15, 18) will survive termination.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR‑FREE OR THAT DEFECTS WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS/SERVICES; ARISING FROM OR RELATING TO THIS EULA OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID (IF ANY) FOR THE SOFTWARE DURING THE 12 MONTHS PRECEDING THE CLAIM.

14. Export & Sanctions Compliance

You represent that you are not located in a country subject to U.S. embargo or on any U.S. government list of prohibited or restricted parties and that you will not use the Software for prohibited purposes under U.S. law.

15. U.S. Government Restricted Rights

The Software and documentation are “Commercial Computer Software” and “Commercial Computer Software Documentation” provided with only the rights and restrictions set forth in this EULA.

16. Mac App Store‑Specific Terms (if obtained via MAS)

(a) This EULA is between you and ButterKit only, not Apple. Apple is not responsible for the Software or its content.

(b) Apple has no obligation to provide maintenance or support.

(c) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by applicable law, Apple has no other warranty obligations.

(d) Apple is not responsible for addressing any claims by you or third parties relating to the Software or your use, including product liability, legal/regulatory compliance, or consumer‑protection claims.

(e) In the event of any third‑party claim that the Software or your use infringes intellectual‑property rights, we (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

(f) You must comply with applicable third‑party terms when using the Software.

(g) Third‑Party Beneficiary. Apple and Apple’s subsidiaries are third‑party beneficiaries of this EULA and, upon your acceptance, have the right to enforce this EULA against you.

17. Governmental, Consumer & Local Laws

Nothing in this EULA limits any non‑waivable consumer rights under applicable law. If you are a consumer in a jurisdiction that restricts disclaimers or limitations here, those provisions apply only to the extent permitted in that jurisdiction.

18. Dispute Resolution; Governing Law; Venue (California)

18.1 No Mandatory Pre‑Dispute Arbitration. This EULA does not require arbitration before a dispute arises.

18.2 Small‑Claims Carve‑Out. Either party may bring an individual action in California small‑claims court with jurisdiction over the dispute.

18.3 Post‑Dispute Election. After a specific dispute arises, the parties may mutually agree in writing to resolve it by binding arbitration administered by AAA or JAMS under the applicable Consumer Rules, with seat and venue in California. Unless otherwise agreed, each party will bear fees as required by those rules.

18.4 Governing Law & Venue. This EULA is governed by the laws of the State of California, without regard to its conflict‑of‑laws rules. Exclusive venue for any dispute not subject to small‑claims court (or agreed arbitration) will be the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.

19. Severability; Assignment; Entire Agreement; Waiver

If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable and the remainder will remain in effect. You may not assign this EULA without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale. This EULA is the entire agreement regarding the Software and supersedes all prior or contemporaneous understandings. A failure to enforce any provision is not a waiver.

For questions or refund requests, please send an email to hi@butterkit.app