End User License Agreement
1. Agreement
This End User License Agreement (“Agreement”) is between you and Solid Systems, Inc., an Iowa corporation (“SSI,” “we,” “us”), including products published under its trade name Punknboo Studios. It governs your use of the software applications, web applications, and integrations we publish (each an “App”).
By installing, accessing, or using an App, or by connecting it to another service, you agree to this Agreement. If you use an App on behalf of an organization, you confirm that you have authority to accept this Agreement for it, and “you” includes that organization. If an App is provided under a separate written agreement with us, that agreement controls where it conflicts with this one.
2. License
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for your own personal or internal business purposes. The App is licensed, not sold. We and our licensors keep all rights not expressly granted here.
3. Restrictions
You may not, and may not allow anyone else to:
- copy, modify, or create derivative works of the App, except as the law expressly permits;
- reverse engineer, decompile, or disassemble the App, except to the extent the law allows despite this restriction;
- sell, rent, lease, sublicense, or otherwise make the App available to third parties as a service;
- bypass or interfere with security features, usage limits, or access controls;
- access data or accounts you are not authorized to access;
- use the App in violation of law or of the terms of any connected service; or
- use the App to build a competing product.
4. Accounts
You are responsible for keeping your sign-in credentials secure and for activity under your account. Tell us promptly at [email protected] if you believe your account has been used without your permission.
5. Connected services
Some Apps connect to third-party platforms, such as Intuit QuickBooks Online. When you connect one, you authorize the App to access and, where the feature requires it, change data in that platform within the permissions you approve. You can revoke that authorization at any time.
Your use of a third-party platform is governed by that platform’s own terms. Third-party platforms, including Intuit and Apple, are not parties to this Agreement and are not responsible for the App. We are not responsible for the availability, accuracy, or conduct of third-party platforms, and a change by a platform may affect what the App can do.
6. Your data
You keep all rights to the data you put into an App or make available to it through a connected service (“Your Data”). You grant us a limited license to host, process, and transmit Your Data only as needed to provide the App to you, support you, and meet legal obligations. Our Privacy Policy describes how we handle Your Data.
You are responsible for having the rights needed to provide Your Data to the App, and for keeping your own records and backups.
7. Not professional advice
Apps may calculate, categorize, reconcile, summarize, or otherwise transform financial and business information. Those results are tools to help you, not tax, accounting, legal, or financial advice. You are responsible for reviewing results, including any changes the App makes to a connected service, before you rely on them, file them, or share them.
8. Fees
If an App or feature is paid, the price and billing terms are shown before you buy. Purchases made through an app store are governed by that store’s payment, renewal, and refund terms. Except where required by law or stated at purchase, fees are non-refundable.
9. Updates and availability
We may update, change, or discontinue an App or any feature. Some updates may be required to keep using the App. We work to keep the Apps available but do not guarantee uninterrupted service. If we discontinue a paid App you purchased on a subscription, we will stop future charges.
10. Feedback
If you send us suggestions or feedback, we may use them without obligation to you.
11. Term and termination
This Agreement applies for as long as you use an App. You may stop at any time by uninstalling the App, disconnecting any connected services, and, if you like, asking us to delete your account. We may suspend or end your access if you materially breach this Agreement or if required by law, and where practical we will tell you first. When this Agreement ends, your license ends and you must stop using the App. Sections 3, 6, 7, and 12 through 17 survive.
12. Disclaimer of warranties
To the fullest extent permitted by law, the Apps are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Apps will be error-free or uninterrupted, or that results will be accurate or complete.
13. Limitation of liability
To the fullest extent permitted by law, SSI will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to this Agreement or the Apps, even if advised of the possibility. SSI’s total liability for all claims arising out of or related to this Agreement or the Apps will not exceed the greater of the amount you paid us for the App in the 12 months before the claim arose or one hundred U.S. dollars (US $100).
Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you.
14. Indemnity
To the extent permitted by law, you will defend and indemnify SSI against third-party claims arising from your misuse of an App, your violation of this Agreement, or Your Data, except to the extent caused by SSI.
15. Governing law
This Agreement is governed by the laws of the State of Iowa, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Iowa, and both parties consent to their jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing in this section limits rights you have under the consumer protection laws of the place where you live.
16. Export and government use
You may not use or export an App in violation of U.S. export laws or sanctions. If you are a U.S. government end user, the App is “commercial computer software” and its documentation is “commercial computer software documentation,” licensed only with the rights granted to all other end users under this Agreement, in accordance with FAR 12.212 and DFARS 227.7202, as applicable.
17. Apple App Store terms
If you got an App from the Apple App Store:
- This Agreement is between you and SSI only, not Apple. SSI, not Apple, is solely responsible for the App and its content.
- Your license is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails 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 law, Apple has no other warranty obligation for the App.
- SSI, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
- SSI, not Apple, is responsible for the investigation, defense, settlement, and discharge of any claim that the App infringes a third party’s intellectual property rights.
- You represent that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
18. General
We may update this Agreement by posting a new version here with a new effective date. If a change is material, we will notify you by email or in the App before it takes effect; continuing to use the App afterward means you accept the change. This Agreement, together with our Privacy Policy and any terms shown at purchase, is the entire agreement between us about the Apps. If any part is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets.
19. Contact
Solid Systems, Inc.
[email protected]