Terms of Use and Licence Agreement

1. The agreement

These Terms of Use and Licence Agreement ("Terms") are an agreement between you and Aayush Kedawat, an individual based in India, trading as "Sweatpea" ("we", "us", "our"). They cover the Sweatpea app for macOS, including its free plan, trial and Pro features and any updates (the "App"), and the website at sweatpea.app (the "Site").

These Terms are also the End User Licence Agreement for the App. When you buy Pro, Dodo Payments' Buyer Terms govern the sale and these Terms govern your licence to use the software.

By downloading, installing or using the App, or buying Pro, you agree to these Terms. If you do not agree, do not use the App. If you use the App for an organisation, you confirm you are authorised to accept these Terms for it, and "you" includes that organisation.

2. Who can use Sweatpea

You must be able to form a binding contract where you live. If you are under 18, or the age of majority in your country, you may use the App only with the involvement of a parent or legal guardian, and only they may buy Pro for you. The App requires a Mac running macOS 14 or later.

3. Free plan and trial

Free plan. The App is free to download and use. The free features described on the Site are yours to keep using without paying.

Pro trial. Each new installation includes a 14-day trial of Pro features. The trial needs no account and no payment details. When it ends, the App returns to the free plan on its own. You are never charged automatically. One trial per person; resetting or manipulating the trial is not permitted.

4. Buying Pro through Dodo Payments

Merchant of Record. Sweatpea Pro is sold through Dodo Payments, which acts as our authorised reseller and Merchant of Record. When you buy Pro, your purchase contract is with Dodo Payments, which charges you, appears on your statement, issues your receipt or invoice, and calculates, collects and pays sales tax, VAT or GST. Your purchase is governed by Dodo's Buyer Terms and Privacy Policy, which you accept at checkout. The licence to use the App is granted by us under these Terms.

Price. Pro is a one-time payment. It is not a subscription and does not renew. The price is shown on the Site and at checkout. Checkout may show the price in your local currency and adds any tax due where you live; the total you see at checkout before you pay is the total you are charged. Your bank may charge its own fees for foreign-currency or international payments.

Delivery. After payment, Dodo emails a licence key to the address you give at checkout, normally within minutes. Pro is digital content supplied immediately on purchase. If your key does not arrive, check your spam folder, then contact us.

Errors. If a price on the Site is clearly wrong, we or Dodo may cancel the order and refund you in full before the licence is delivered.

5. Your licence

The App is licensed, not sold. Subject to these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable licence to install and use the App:

• Free plan and trial: on any number of Macs you own or control.
• Pro: to use Pro features on up to 2 Macs at a time that you own or control, for your personal use or your own work, including at a business. The licence continues for as long as you comply with these Terms and is not time-limited.

A Pro licence belongs to one person. A business that wants Sweatpea Pro for several people must buy one licence per person.

Your Pro licence covers the version of the App you bought and the updates we publish for it. If we ever release a new major version sold separately, we will say so clearly beforehand, and the version you already have will keep its Pro features.

6. Activation and licence checks

To unlock Pro, you enter your licence key in the App, which activates it with Dodo Payments' licence service. The App then checks the licence about once a week. If it cannot reach the service, Pro keeps working for 30 days from the last successful check; after that, Pro features pause until the App can check again, and the free plan keeps working throughout. Your history is never deleted by this.

To move Pro to another Mac when you have already used both activations, choose Deactivate this Mac in the App first. If a Mac is lost or broken and you cannot deactivate it, email us and we will free the activation.

What these checks send is set out in our Privacy Policy. They never include your usage or system data.

7. What you may not do

Except where the law expressly allows it despite this restriction, you must not:

• share, publish, sell, rent, lend or transfer your licence key, or let others use it;
• bypass, disable or tamper with licence activation, licence checks or the trial, or generate or distribute keys;
• copy, modify, translate or create derivative works of the App, except for backups for your own use;
• decompile, disassemble or reverse engineer the App, except to the extent applicable law permits this for interoperability;
• remove or alter any copyright, trademark or other notice;
• redistribute the App or its installer, or offer it through any other store or website, without our written permission;
• use the App or the Site to break the law, to infringe anyone's rights, or to interfere with or overload our or Dodo's services; or
• use the Pea character, artwork or the Sweatpea name to suggest that we endorse you or your product.

8. Refunds and cancellation

You can ask for a refund of a Pro purchase within 7 days of the purchase date. Our full Refund Policy forms part of these Terms. Refunds are processed by Dodo Payments to your original payment method. Once a refund is issued, the licence key is revoked and the App returns to the free plan.

Your right of withdrawal (EU, EEA and UK). Pro is digital content supplied immediately after purchase. Where your law gives you a 14-day right to withdraw from a distance contract, you agree at checkout that supply begins immediately and acknowledge that you lose that statutory right once it has begun. This does not affect our voluntary 7-day refund window, or your rights if the App is faulty or not as described.

Cancellation. There is nothing to cancel: Pro does not renew and the trial does not convert into a payment.

9. Updates, changes and support

Updates. The App checks for updates using the Sparkle framework and installs one only when you confirm it. You can turn automatic checks off in Settings. Some fixes may only be available in the latest version.

Changes. We may improve, change or remove features over time. We will not remove a core Pro feature you paid for from the version you have without either giving you a reasonable equivalent or offering a refund of the price you paid for Pro, where the change happens within 12 months of your purchase.

Support. We provide support by email at support@sweatpea.app on a reasonable-effort basis. Questions about a charge or receipt can also go to Dodo Payments.

If we stop. If we stop developing Sweatpea, the App you have installed keeps working. We will give at least 30 days' notice on the Site before shutting down the update feed, and we will take reasonable steps so that Pro licences already sold continue to work.

10. What Sweatpea is, and is not

• Estimates, with personality. The App's heat score, blame, grades, "what changed" and memory and storage figures are approximations based on what macOS reports, presented with humour. They are not precise diagnostics and are not guaranteed to be accurate or complete. The pea's jokes about apps are not statements of fact about those apps or their makers.
• Quitting apps. When you confirm "Quit" for an app, Sweatpea asks it to quit in the normal way, as if you chose Quit from that app's menu; it never force-quits. That app may close windows or lose unsaved work it does not protect. Save your work first; you are responsible for choosing to quit an app.
• Not a safety system. The App does not cool, protect or repair your Mac and must not be relied on to prevent overheating, hardware damage or data loss.
• Not medical advice. Break reminders and the guided cool-down are general wellbeing prompts. They are not medical, health or ergonomic advice and are not a medical device. If you have a health condition, follow the advice of a qualified professional.

11. Third-party software and services

The App includes open-source software, including the Sparkle update framework, used under its own licence (MIT). Those licences govern the open-source components, and nothing in these Terms restricts rights they give you.

Payments, receipts and licence keys are provided by Dodo Payments, and the Site and update feed are hosted by Google Firebase. We are not responsible for third-party services' own terms, availability or content, but we remain responsible to you for the App and our obligations under these Terms. Apple, Mac and macOS are trademarks of Apple Inc.; Sweatpea is not made or endorsed by Apple.

12. Ownership, your content and feedback

We, or our licensors, own the App, the Site, the Sweatpea name, the Pea character and artwork, and all related intellectual property rights. These Terms give you no rights in them beyond the licence in section 5.

Your data, history and exports are yours. You may share report cards, roast cards and Sweat Wrapped images the App makes, including the Pea artwork on them, for personal and non-commercial purposes such as social media posts.

If you send us suggestions or feedback, we may use them without obligation to you. We will not publish your name with them without asking.

13. Privacy

Our Privacy Policy explains how we handle personal data. In short, the App processes your system and usage data only on your Mac and sends nothing about your usage to us.

14. Warranties

We will provide the App with reasonable care and skill, and Pro will substantially match its description on the Site at the time you bought it. If it does not, tell us and we will fix it, replace it or refund you.

Many countries give consumers rights that cannot be excluded, such as the Consumer Protection Act, 2019 in India, the EU's rules on digital content, the UK Consumer Rights Act 2015 and the Australian Consumer Law. Nothing in these Terms limits those rights.

Subject to those rights and to the extent the law allows, the App and the Site are otherwise provided "as is" and "as available", and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the App will be uninterrupted or error-free, or that it will work with every Mac configuration or future version of macOS.

15. Limitation of liability

What we do not limit. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

Consumers in the EU, EEA and UK. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable, or for losses to a business you run.

Everyone else, and to the extent the law allows: we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising from the App or the Site. Our total liability for all claims relating to the App, the Site and these Terms is limited to the greater of the amount you paid for Pro in the 12 months before the claim arose and USD 20 (or its equivalent in your currency).

If you use the App for a business, you agree to compensate us for third-party claims that arise from your breach of these Terms or your misuse of the App.

16. Suspension and termination

You can stop using the App at any time by deleting it; the Privacy Policy explains how to remove its data.

We or Dodo may revoke a Pro licence if the purchase is refunded or charged back, if it was obtained by fraud, or if the key is shared, published or resold in breach of section 7. For other serious or repeated breaches of these Terms, we will give you notice and, where the breach can be fixed, a reasonable chance to fix it first. When a licence is revoked, the App returns to the free plan.

Sections 7, 10, 12 and 14 to 20 survive the end of these Terms.

17. Export and sanctions

You may not use, download or buy the App in breach of export control or sanctions laws that apply to you, us or Dodo Payments, including those of India, the United States, the European Union and the United Kingdom. Dodo may decline payments from sanctioned countries or persons.

18. Governing law and disputes

Talk to us first. Most problems are solved by email. Please write to support@sweatpea.app and give us 30 days to put things right before starting formal proceedings. This does not stop you from contacting your bank, Dodo Payments, or a consumer authority at any time.

Law and courts. These Terms are governed by the laws of India, and the courts of India have jurisdiction, subject to the following:

• If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts of that country, including, in India, before the consumer commission where you reside.
• If you live in the EU, you may also use the European Commission's consumer dispute resources; we are not obliged and do not agree to use an alternative dispute resolution body unless required by law.
• Your purchase contract with Dodo Payments is governed by the law and dispute terms in Dodo's Buyer Terms.

19. Changes to these terms

We may update these Terms, for example to reflect new features or changes in law. We will post the new version here with a new date and, for material changes, mention them in the App's release notes at least 14 days before they take effect, unless a change is legally required sooner. Changes do not apply to a purchase made before they take effect in a way that reduces what you paid for. If you do not agree to new Terms, you may stop using the App; continuing to use it after they take effect means you accept them.

20. General

• Entire agreement. These Terms, the Refund Policy and the Privacy Policy are the whole agreement between you and us about the App. Dodo's Buyer Terms govern your purchase contract with Dodo.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect and that part is applied as far as the law allows.
• No waiver. If we do not enforce a right straight away, we can still enforce it later.
• Transfer. You may not transfer your rights under these Terms without our consent. We may transfer ours to a successor who takes over Sweatpea, provided your rights are not reduced.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
• Language. These Terms are written in English. Any translation is for convenience; the English version prevails to the extent the law allows.
• Notices. We may contact you at the email address you gave at checkout. You can reach us at the address below.

21. Contact