This End User License Agreement (the “Agreement”) governs your use of the Mac application “SokuPass” (the “App”) between you and Torquefull (“we”, “us”). By installing or using the App, you agree to this Agreement.
1License grant
We grant you a non-exclusive, non-transferable, revocable license to use the App on any Apple-branded devices that you own or control, as permitted by the App Store Usage Rules. This license applies to a copy of the App lawfully acquired through the Mac App Store, including its free trial and the SokuPass Pro in-app purchase.
2Restrictions
You may not:
- Copy, redistribute, rent, sell, or sublicense the App (except as the App Store Usage Rules allow);
- Reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent permitted by law;
- Remove or alter any proprietary notices in the App;
- Use the App in violation of applicable law.
3Intellectual property
The App and all related intellectual property rights are owned by us or our licensors. This Agreement licenses, and does not sell, the App to you. Conversely, all data you store in the App belongs to you.
4Data, backups & your responsibility
The App stores your data locally and encrypted on your Mac, and we cannot access it. You are responsible for managing your master password and backups. If you lose your master password and have no valid backup, your stored data cannot be recovered. To the maximum extent permitted by law, we are not liable for any loss or corruption of data.
5Disclaimer of warranty
The App is provided “AS IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will operate uninterrupted or error-free.
6Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential damages (including loss of data or profits) arising from your use of or inability to use the App. Where liability is established, our total liability is limited to the amount you actually paid for the App.
7Apple-specific terms
If you obtained the App from the Mac App Store, the following applies:
- This Agreement is between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are responsible for the App and its content.
- Apple has no obligation to furnish any maintenance or support for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if applicable. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- We, not Apple, are responsible for addressing any claims relating to the App (e.g. product liability, legal non-compliance, or consumer protection claims).
- In the event of a third-party claim that the App infringes intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
- You represent that you are not located in a U.S.-embargoed country and are not on any U.S. Government restricted-parties list.
8Governing law
This Agreement is governed by and construed under the laws of Japan. Any disputes arising in connection with it shall be subject to the exclusive jurisdiction of [court to be specified, e.g. Tokyo District Court] as the court of first instance.
9General & contact
If any provision of this Agreement is held invalid, the remaining provisions remain in effect. We may revise this Agreement from time to time; continued use of the App constitutes acceptance. For questions, contact service@torquefull.co.jp.