1 Agreement to Terms
By downloading, installing, or using Visual Modeler ("the App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not download, install, or use the App.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Kasstek ("Company," "we," "us," or "our") governing your use of the App.
2 Eligibility
You must be at least 13 years of age to use this App. If you are between 13 and 18 years old (or the age of legal majority in your jurisdiction), you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using the App, you represent and warrant that you meet the eligibility requirements.
3 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial use.
You may not:
- Copy, modify, or create derivative works of the App
- Reverse engineer, decompile, or disassemble the App
- Distribute, rent, lease, lend, sublicense, or transfer the App to any third party
- Remove, alter, or obscure any proprietary notices on the App
- Use the App for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to any portion of the App or its related systems
4 Intellectual Property Rights
The App and all content, features, and functionality (including but not limited to software, code, text, graphics, logos, images, audio, and design) are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
All trademarks, service marks, and trade names are proprietary to the Company or their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.
5 User Accounts and Security
If the App requires account registration, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use of your account
You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.
6 User Content and Conduct
6.1 User Content
If the App allows you to submit, upload, or share content ("User Content"), you retain ownership of your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the App.
You represent and warrant that:
- You own or have the necessary rights to submit User Content
- Your User Content does not violate any third-party rights
- Your User Content complies with these Terms
6.2 Prohibited Conduct
You agree not to use the App to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
- Impersonate any person or entity
- Interfere with or disrupt the App or servers/networks connected to the App
- Attempt to gain unauthorized access to any systems or data
- Collect or harvest information about other users
- Use automated systems (bots, scrapers, etc.) to access the App
- Transmit any viruses, malware, or other malicious code
- Engage in any activity that could damage, disable, or impair the App
7 Third-Party Services and Links
The App may contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.
Your use of third-party services is subject to their respective terms and conditions. We do not endorse or assume any responsibility for any third-party services.
8 In-App Purchases and Subscriptions
8.1 Purchases
If the App offers in-app purchases or subscriptions, all purchases are processed through the Apple App Store and are subject to Apple's Terms of Service and policies. Prices are subject to change without notice. All purchases are final and non-refundable except as required by law or as specified in Apple's refund policy.
8.2 Subscriptions
Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You may manage your subscriptions and turn off auto-renewal through your Apple ID account settings after purchase.
8.3 Free Trials
Free trial periods, if offered, will automatically convert to paid subscriptions unless canceled before the trial period ends. You can cancel through your Apple ID account settings.
9 Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.
10 Disclaimers and Limitation of Liability
10.1 Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The App will meet your requirements or expectations
- The App will be uninterrupted, secure, or error-free
- The results obtained from using the App will be accurate or reliable
- Any errors in the App will be corrected
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
To the maximum extent permitted by law, our total liability to you for all claims arising from or related to the App shall not exceed the greater of (A) the amount you paid to us for the App in the twelve (12) months preceding the claim, or (B) one hundred dollars ($100 USD).
11 Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use or misuse of the App
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
- Your violation of any applicable laws or regulations
12 Termination
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:
- Violation of these Terms
- Illegal or fraudulent activity
- Requests by law enforcement or government agencies
- Extended periods of inactivity
- Technical or security issues
Upon termination:
- Your right to use the App will immediately cease
- All licenses granted to you will terminate
- You must delete all copies of the App from your devices
Sections that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
13 Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms with a new "Last Updated" date
- Providing notice through the App or via email (if applicable)
Your continued use of the App after any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the App.
Modifications to the App
We reserve the right to modify, suspend, or discontinue the App (or any features or functionality) at any time, with or without notice, and without liability to you.
14 Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.
14.2 Dispute Resolution
Informal Resolution
Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice to admin@kasstek.com describing the dispute and your desired resolution.
Arbitration
If the dispute cannot be resolved informally within 30 days, the dispute shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Columbus, OH.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
14.3 Jurisdiction and Venue
For any matters not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Franklin County, OH.
15 Export Compliance
You may not use or export the App in violation of U.S. export laws and regulations. You represent and warrant that you are not:
- Located in a country that is subject to a U.S. Government embargo
- Listed on any U.S. Government list of prohibited or restricted parties
Government End Users
If you are a U.S. Government end user, the App is "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in applicable regulations, and you have only the rights granted to end users under these Terms.
16 Apple-Specific Terms
16.1 Acknowledgment
You acknowledge that these Terms are concluded between you and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the App and its content.
16.2 Scope of License
The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
16.3 Maintenance and Support
The Company is solely responsible for providing maintenance and support services for the App as specified in these Terms or as required under applicable law. Apple has no obligation to provide maintenance or support services for the App.
16.4 Warranty
The Company is solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App.
16.5 Product Claims
The Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
16.6 Intellectual Property Rights
In the event of any third-party claim that the App infringes a third party's intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
16.7 Third-Party Beneficiary
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Your use of the App must comply with the then-current Apple Media Services Terms and Conditions and App Store Terms of Service.
17 Contact Information
If you have any questions, concerns, or complaints about these Terms or the App, please contact us:
18 General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us in the App, constitute the entire agreement between you and the Company regarding the App and supersede all prior or contemporaneous understandings and agreements.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Notices
Notices to you may be made via email, regular mail, or by posting to the App. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on the App.