Customer Agreement and End-User License Agreement

This Customer Agreement and End-User License Agreement ("Agreement") is a legal agreement between you ("you" or "Customer") and SKJ APPS ("SKJ APPS," "Licensor," "we," "us," or "our"), the publisher of the MistBar software application and any updates we make available under this Agreement (together, 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, SKJ APPS grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on Mac computers that you own or control, for your personal or internal business use.

The number of devices on which you may run the Software at one time is determined by the terms of the offer through which you obtained it (for a direct purchase from SKJ APPS this is up to three (3) Macs at one time; when the Software is obtained through a marketplace or bundle such as Setapp, your usage is also governed by that marketplace's terms and by your active plan or purchase there).

A license is intended for use by one individual and may not be shared among multiple users unless we or an authorized distributor expressly offer, and you obtain, a multi-user or organizational license.

Where you obtain the Software through a one-time purchase, that purchase is a one-time purchase and not a subscription, and there is no recurring license fee for continued use of the version you purchased. Where you obtain access to the Software through a subscription marketplace (for example, a Setapp membership plan), your access continues for as long as your plan with that marketplace remains active and in good standing.

2. Distribution Through Setapp (Merchant of Record)

The Software may be made available to you through the Setapp Marketplace operated by MacPaw ("Setapp").

When you obtain, purchase, or access the Software through Setapp, you acknowledge and agree that Setapp acts as the merchant of record for that transaction and is authorized by SKJ APPS to market, distribute, deliver, and sublicense the Software to you on SKJ APPS' behalf. Setapp may grant you, on behalf of SKJ APPS, the license described in this Agreement, and may handle order processing, delivery, billing, invoicing, applicable taxes, refunds, and related transaction matters in accordance with Setapp's own terms and policies.

Your acquisition of the Software through Setapp is also subject to Setapp's applicable customer terms and privacy policy. Nothing in this Agreement limits any right or protection granted to you by Setapp that cannot lawfully be waived. If there is a direct conflict between this Agreement and the terms under which Setapp delivered the Software to you regarding the commercial terms of that transaction (such as pricing, billing, or refunds), the Setapp terms govern that transaction; this Agreement continues to govern your license to use 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, whether the Software is obtained directly, through Setapp, or through any other authorized channel. No ownership rights are transferred to you, and no rights are granted except as expressly stated in this Agreement.

4. 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, 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. License Activation and Validation

For direct purchases, the Software may communicate with SKJ APPS or our licensing provider to activate, validate, deactivate, restore, or manage your license, which may require an internet connection at certain times. When you access the Software through Setapp, entitlement is managed through your Setapp account rather than a separate license key.

Information processed in connection with licensing and activation is governed by our Privacy Policy and, where applicable, the policies of our licensing, payment, and marketplace providers.

6. 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, or feature changes. When you access the Software through Setapp, updates are delivered through the Setapp mechanism.

We are not obligated to provide any particular update, feature, enhancement, maintenance service, or technical support. Future major versions, separately branded products, or optional paid features may require a separate purchase or plan.

Changes to macOS, Apple technologies, computer hardware, third-party software, or third-party services may affect the Software's compatibility, availability, or functionality. We do not guarantee that the Software will remain compatible with every future operating-system, hardware, or third-party change.

7. Third-Party Software and Services

The Software may include or use third-party software components and services that are governed by separate terms.

The Software includes the open-source Sparkle update framework, provided under its applicable open-source license (used only for direct-channel update checks). Nothing in this Agreement restricts any rights granted to you under that license.

If you connect your own accounts or services through the Software (for example, a Gmail, Outlook, iCloud, or IMAP mail account, or an AI-provider usage token), your use of those services is governed by the respective provider's terms and privacy policy, and the Software connects to those providers using credentials you supply.

8. Purchases, Merchant of Record, and Taxes

Purchases of the Software are processed by a merchant of record acting on SKJ APPS' behalf: Setapp (MacPaw) for purchases and subscriptions made through the Setapp Marketplace, and a third-party payment provider for direct purchases from our website.

The applicable merchant of record processes payments and may handle billing, invoicing, applicable sales tax 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, privacy policy, and other transaction-related terms.

9. Refunds

Refunds are handled by the channel through which you obtained the Software.

• If you obtained the Software through Setapp, refunds and cancellations are handled by Setapp under Setapp's applicable terms.
• If you purchased the Software directly from SKJ APPS, our voluntary refund policy applies; contact support@mistbar.app and see our published Refund Policy for details.

When a refund is issued for a direct purchase, the associated license may be deactivated, and you must stop using and delete all copies of the Software covered by the refunded purchase. This does not limit any refund right or consumer protection that cannot lawfully be waived under applicable law.

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.

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, OR SERVICE; PREVENT DATA LOSS OR SYSTEM FAILURE; OR CONTINUE TO BE AVAILABLE, UPDATED, OR SUPPORTED 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.

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 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 (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations 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.

12. 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 access the Software through Setapp, your license ends when your entitlement through Setapp ends.

We may terminate this Agreement, or an authorized distributor may end your entitlement, if you materially breach this Agreement and, where the breach can be corrected, you fail to correct it within a reasonable period after notice. We may terminate the Agreement or deactivate the applicable license immediately in cases involving unauthorized distribution or resale, intentional license sharing, license circumvention or tampering, fraudulent purchase activity, a refunded or charged-back purchase, or unlawful use.

Upon termination, you must immediately stop using the Software and delete all copies in your possession or control. Provisions that by their nature should survive termination (including ownership, restrictions, disclaimers, limitations of liability, governing law, and dispute resolution) will survive.

13. Privacy

Your use of the Software is subject to our Privacy Policy, available at https://mistbar.app/privacy, which explains what data the Software does and does not process and where it is kept. When you obtain the Software through Setapp, Setapp's privacy policy also applies to the purchase and account data that Setapp processes as merchant of record.

14. Changes to this Agreement

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

15. 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 that any transaction made through Setapp is additionally subject to Setapp's governing-law and dispute terms for that transaction. 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.

16. General

If any provision of this Agreement is found invalid or unenforceable, it will be enforced to the maximum extent permitted by law or severed, and the remaining provisions will remain in full force and effect. A failure or delay in exercising a right is not a waiver of it. You may not assign this Agreement or your license without our prior written consent; we may assign it in connection with a sale, merger, reorganization, or acquisition of the Software or related business. This Agreement, together with any applicable marketplace or checkout terms, our Privacy Policy, and third-party license notices, is the entire agreement between you and SKJ APPS concerning the Software.

Contact

Questions about this Agreement, licensing, or refunds may be sent to support@mistbar.app.

SKJ APPS - https://mistbar.app