Privacy Policy and Terms & Conditions

1.Who these terms are with

Xul Valley ("the App") is developed and provided by Lucas Dima, an independent software developer based in Berlin, Germany ("the Developer", "I", "me"). These Terms & Conditions, which include the end user licence agreement for the App, form the agreement between you and the Developer ("the Terms").

You can reach me at [email protected].

2.What these terms cover

These Terms govern your use of Xul Valley for macOS as distributed through the Mac App Store, together with its documentation and any updates the Developer makes available for it.

Pre-release builds distributed through Apple's TestFlight service are covered by the separate Testing Terms, and these Terms do not apply to them.

By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not install the App, and remove it if you already have.

3.Licence

Subject to your compliance with these Terms, the Developer grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable licence to install and use the App on any Mac that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions. The licence also covers use through Family Sharing where Apple makes that available.

The App is licensed, not sold. The Developer retains all right, title, and interest in and to the App, including all intellectual property rights in its code, design, name, logo, and assets. No rights are granted other than those expressly stated here.

Xul Valley is a one-time purchase. There is no subscription and no account. Pricing, payment, refunds, and receipts are handled by Apple under Apple's terms, and Apple sets the local price in each storefront.

4.What you may not do

Except where applicable mandatory law expressly permits it, you may not:

• Copy the App other than as permitted by these Terms and Apple's Usage Rules, or distribute, sell, rent, lease, or lend it.
• Modify, translate, or create derivative works of the App, or reverse engineer, decompile, or disassemble it, or attempt to derive its source code.
• Remove, obscure, or alter any proprietary notices in the App.
• Use the App to circumvent any technical limitation or licensing mechanism, or use it unlawfully or in a way that infringes the rights of others.

The document format is a different matter. It is open and publicly documented, and you are welcome to read, write, and convert Xul Valley documents with any software you like, including software you write yourself.

5.Your content stays yours

Xul Valley documents are stored as ordinary files on your own Mac or in storage you control. You retain all rights to everything you create with the App. The Developer claims no ownership over your boards, notes, media, or other content, and does not receive, host, or have access to them, unless you voluntarily send them to me for support or feedback, in which case section 6 applies to what you chose to send.

Because your content lives on your device, you are responsible for backing it up. Time Machine, iCloud Drive, and any other backup that covers your files covers your boards. The Developer cannot recover a deleted or damaged file.

Media you place on a board (images, video, audio, PDFs, and web page previews) may be subject to third-party rights. You are responsible for having the right to use it.

6.Feedback

Feedback is very welcome. If you send bug reports, suggestions, screenshots, sample documents, or other feedback about the App, you grant the Developer a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, and incorporate that feedback into the App or any other product, without any obligation of confidentiality, attribution, or compensation to you.

Please do not send feedback that contains confidential information or content you are not free to share. Nothing here transfers ownership of any document you attach, only permission to use what you have chosen to send in order to improve the App.

7.Privacy and data

Xul Valley is offline and file-based. It has no account and no sign-in, and it does not collect, transmit, or store your documents or personal data on the Developer's servers. There are no such servers.

The App connects to the internet in exactly these situations, each one started by you:

• Web page previews. When you paste a link onto a board, the App requests that page once to read its title, description, and preview image, and stores the result in your document. The request goes directly from your Mac to the site you pasted. The Developer is not involved and does not see it.
• Media you place. Video, audio, images, and PDFs are read from your own files. The App does not upload them anywhere.
• Links you open. Choosing to open a link hands it to your browser, which is then governed by that browser's and that site's terms.

The App itself contains no analytics, tracking, or telemetry. If your Mac is set to share crash reports and analytics with app developers (System Settings, Privacy & Security, Analytics & Improvements), Apple may pass anonymised crash logs and usage statistics for the App to the Developer. That sharing is controlled by you in macOS and described in Apple's Privacy Policy. The Developer uses such reports only to find and fix problems.

Purchases are made through the Mac App Store. Apple processes your payment and account information under its own terms; the Developer receives no personal details from a purchase.

If you write to me, your email and its contents are used only to answer you and are kept for as long as the conversation is relevant. You can ask to have them deleted at any time by writing to [email protected].

Launch notification. Until the App is available, this website offers a form to be notified when it launches. If you use it, your email address is used for one thing only: a single email when the App is released on the Mac App Store. That email may invite you to a newsletter, which you would only join by actively confirming your subscription. Once the launch email is sent, the list of addresses is deleted. Your address is never sold, shared, or used for anything else. The legal basis is your consent (Art. 6(1)(a) GDPR). You can withdraw it at any time before launch by writing to [email protected], and your address will be deleted right away.

The launch notification and feedback forms on this website are provided by Tally, which processes what you submit on the Developer's behalf and is governed by Tally's privacy policy.

Under the General Data Protection Regulation the Developer is the controller for the little personal data described here. You have the rights of access, rectification, erasure, restriction, portability, and objection, and the right to lodge a complaint with a supervisory authority.

8.Updates, maintenance, and support

Updates are delivered through the Mac App Store and are covered by these Terms unless they come with their own. The Developer intends to keep improving the App, but does not promise any particular feature, update schedule, or period of support, and may change or remove features in a future version.

Support is available by email at [email protected]. The Developer, and not Apple, is solely responsible for the App and for providing any maintenance and support for it. Apple has no obligation to furnish any maintenance or support services for the App.

9.Apple's role

The App is distributed through the Mac App Store, and your use of the store is also subject to the Apple Media Services Terms and Conditions. These Terms are between you and the Developer only. Apple is not a party to these Terms and is not responsible for the App or its content.

If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claim, loss, liability, damage, cost, or expense attributable to a failure to conform to a warranty is the Developer's responsibility.

The Developer, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, claims under consumer protection, privacy, or similar legislation, and claims that the App infringes a third party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of them Apple has the right to enforce them against you.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms when using the App.

10.Warranty

The Developer wants the App to work well for you, and will fix defects that are reported. To the fullest extent permitted by applicable law, the App is otherwise provided "as is", and the Developer disclaims all warranties and conditions, whether express, implied, or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement. The Developer does not warrant that the App will meet your requirements or that its operation will be uninterrupted or error-free.

If you are a consumer, your statutory warranty rights, including those under German law for digital products, remain unaffected by this section.

11.Limitation of liability

To the fullest extent permitted by applicable law, the Developer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or content, arising out of or relating to your use of or inability to use the App, however caused and under any theory of liability. The Developer's total liability for all claims relating to the App is limited to the amount you paid for it.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. This includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence, liability under the German Product Liability Act (Produkthaftungsgesetz), and any mandatory statutory rights you have as a consumer, which remain unaffected by these Terms.

12.Duration and termination

These Terms apply from the moment you install or use the App and continue until the licence ends. You may end this agreement at any time by deleting the App from your Macs. The Developer may terminate the licence if you materially breach these Terms and, where the breach can be cured, do not cure it within a reasonable time after being notified.

On termination you must stop using and delete the App. Your documents are your files and are not affected; you can keep them and open them with any software that reads the format. Sections 5, 6, 10, 11, and 13 survive termination.

13.Changes and governing law

These Terms may be updated as the App develops. The current version always lives at xulvalley.com/privacy-policy/, with the effective date at the top of this page. Material changes will be announced in the App Store release notes where reasonably possible. Changes do not reduce the rights you have in a version of the App you have already bought.

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence. If any provision of these Terms is held unenforceable, the remaining provisions stay in full force.

Questions about these Terms, or about the App, go to [email protected].