This Commercial License applies to the software application through which it is accessed, including all its localized versions, updates, and associated services (the "Application").
1. Relation to Apple EULA and Priority
This Commercial License complements the Apple Standard End User License Agreement (EULA, also presented as Terms of Use). In the event of any conflict or inconsistency between the terms of the Apple Standard EULA and this Commercial License regarding commercial use of the Application and its Output, the terms of this Commercial License shall prevail.
2. Commercial Use License Grant
Subject to your purchase and active maintenance of a paid tier (such as any Subscription or Lifetime Purchase), the Developer grants you a non-exclusive, worldwide license to use the Application and its generated Output for any commercial or business purpose, including without limitation client projects, published media, advertising, and commercial products.
3. Disclaimer of Warranties
The Application and all Outputs are 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, or non-infringement. The Developer does not warrant that the Output will meet your specific business requirements or be error-free.
4. Limitation of Liability and Liability Cap
To the maximum extent permitted by applicable law, in no event shall the Developer be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of profits, business interruption, or loss of data) arising out of or related to your use of the Application or Output.
In all cases, the Developer’s total aggregate liability arising out of or related to this Agreement or your use of the Application shall strictly be limited to the amount actually paid by you for the Application during the preceding twelve (12) months or the price of your Lifetime Purchase. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
5. Output Rights
Subject to your compliance with this Commercial License, all intellectual property rights in the content, graphics, layouts, or export files generated by you using the Application ("Output") belong to you. Your right to commercially use, distribute, sell, or monetize such Output created during an active subscription or lifetime purchase is perpetual and shall survive the expiration or termination of your subscription.
6. Modifications to Terms
The Developer reserves the right to modify or update this Commercial License at any time by publishing the revised version at this URL. Your continued use of the Application or active subscription following any such changes constitutes your acceptance of the updated Commercial License.
7. Governing Law and Severability
To the extent permitted by applicable law, this Commercial License shall be governed by and construed in accordance with the laws governing the Apple Standard EULA applicable to your region. If any provision of this Commercial License is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.