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Terms of Service

Last updated: December 1, 2024

Welcome to Spasto. These Terms of Service ("Terms") govern your use of the Spasto application for macOS and our website located at https://spasto.app (collectively, the "Service") operated by Spasto ("we", "us", or "our").

Please read these Terms carefully before using our Service. By accessing or using Spasto, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

1. Acceptance of Terms

By downloading, installing, or using Spasto, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using Spasto on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Eligibility

You must be at least 13 years old to use Spasto. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you must have your parent or guardian's permission to use the Service.

2. License to Use

Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Spasto for your personal or internal business purposes on devices that you own or control.

License Restrictions

You agree not to:

  • Modify, reverse engineer, decompile, or disassemble Spasto
  • Copy or redistribute Spasto except as expressly permitted
  • Remove any proprietary notices or labels from Spasto
  • Use Spasto for any illegal or unauthorized purpose
  • Sublicense, sell, rent, lease, or lend Spasto to third parties
  • Use Spasto to develop competing products or services
  • Circumvent any technical limitations or security features

Updates and Upgrades

We may provide updates, upgrades, or new versions of Spasto at our discretion. These Terms apply to all such updates unless we provide different terms with an update.

3. User Responsibilities

Your Account

When future features require an account, you will be responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information is accurate and current

Your Content

You retain ownership of any content you copy to your clipboard. You are solely responsible for:

  • The legality and appropriateness of content you copy
  • Ensuring you have the right to copy and store such content
  • Any consequences of storing sensitive information
  • Backing up your important clipboard data

Security

You are responsible for maintaining the security of your device and protecting access to Spasto. We recommend using device passwords, encryption, and other security measures appropriate for the sensitivity of your clipboard data.

4. Prohibited Uses

You agree not to use Spasto to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Store or distribute malicious code or malware
  • Engage in any activity that could damage or overburden our systems
  • Collect or store personal information without consent
  • Harass, abuse, or harm others
  • Impersonate any person or entity
  • Engage in any fraudulent or deceptive practices
  • Store illegal content or content that violates third-party rights
  • Use the Service for unauthorized commercial purposes

5. Intellectual Property

Our Property

Spasto and its original content, features, and functionality are and will remain the exclusive property of Spasto and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written permission.

Feedback

If you provide us with any feedback, suggestions, or ideas about Spasto, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

Third-Party Content

Spasto may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

6. Privacy

Your use of Spasto is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.

7. Disclaimers

No Warranty

SPASTO IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

No Guarantee

We do not guarantee that:

  • Spasto will meet all your requirements
  • The Service will be available at all times
  • All errors or defects will be corrected
  • The Service is free of viruses or harmful components
  • Your clipboard data will never be lost

Your Risk

Your use of Spasto is at your sole risk. You are responsible for backing up your data and taking appropriate precautions to protect your information.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPASTO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use Spasto
  • Any unauthorized access to or use of our servers
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, or similar issues transmitted through Spasto
  • Any errors or omissions in any content
  • Loss of your clipboard data for any reason

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

9. Indemnification

You agree to defend, indemnify, and hold harmless Spasto and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of Spasto
  • Your violation of any rights of another party
  • Your clipboard content
  • Any breach of your representations and warranties

10. Termination

Termination by You

You may stop using Spasto at any time by uninstalling the application and deleting any associated data from your device.

Termination by Us

We may terminate or suspend your access to Spasto immediately, without prior notice or liability, for any reason, including:

  • Breach of these Terms
  • Request by law enforcement or government agencies
  • Discontinuance or material modification of the Service
  • Technical or security issues
  • Extended periods of inactivity
  • Fraudulent or illegal activities

Effect of Termination

Upon termination, your right to use Spasto will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will:

  • Provide at least 30 days notice before new terms take effect
  • Update the "Last updated" date at the top of these Terms
  • Notify you through the app or by email for significant changes

Your continued use of Spasto after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, please stop using Spasto.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: legal@spasto.app
  • Website: https://spasto.app/contact
  • Mail: Spasto Legal Team, [Address to be added]

Additional Provisions

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Spasto regarding the use of the Service.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights under these Terms without restriction.