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 access to and use of pre-release, beta versions of Xul Valley distributed through Apple's TestFlight service for macOS, iPadOS, and iOS, together with any related documentation, updates, and beta builds (collectively, "the Beta").

By installing, accepting an invitation to, or using the Beta, you agree to these Terms. If you do not agree, do not install the Beta, and remove it if you already have.

3.The Beta is unfinished software

You understand and accept that the Beta is pre-release software made available for evaluation and testing purposes. It is not a finished commercial product. In particular:

• It may contain errors, defects, and incomplete or non-functioning features.
• It may crash, hang, behave unpredictably, or become unavailable without notice.
• Features may be changed, degraded, or removed entirely at any time.
• Document formats are not final. A future build may be unable to open documents created by an earlier one, and data loss or corruption is possible.

Keep independent backups of any work you create with the Beta, and do not rely on the Beta for critical, professional, or irreplaceable work.

4.Licence

Subject to your compliance with these Terms, the Developer grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Beta on Apple-branded devices that you own or control, solely for the purpose of evaluating and testing it during the beta period.

The Beta 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.

The beta is free. I intend to keep it available through TestFlight while development continues and I maintain the beta programme, but ongoing or uninterrupted access is not guaranteed.

I also plan to offer early testers a free copy of the App Store release, subject to promotional code availability. This is not a guaranteed entitlement. Details on how to request a code will be announced at launch. Apple limits how many promotional codes a developer can issue, so the number available is capped by Apple and outside the Developer's control. Nothing in this section is a promise that you will receive one.

To be plain about what this is and is not: it is an intention, offered in good faith as thanks for testing, not a purchase, a pre-order, or a licence you hold today. If no code reaches you, the App will be available on the App Store at its normal price, currently expected to be around US$9.99 or the local equivalent — that figure is an estimate and not a binding commitment either.

5.Sharing, and what you may not do

Sharing the public TestFlight invitation link is welcome. That link exists to be passed around — post it, send it to friends, write about the beta wherever you like. Nothing in this section restricts that.

What you may not do, except where applicable mandatory law expressly permits it, is:

• Sell, rent, lease, or otherwise charge anyone for access to the Beta, or resell a TestFlight invitation or redemption code.
• Extract, repackage, or distribute the application binary or any part of it outside TestFlight.
• Copy, modify, translate, or create derivative works of the Beta, or reverse engineer, decompile, or disassemble it, or attempt to derive its source code.
• Remove, obscure, or alter any proprietary notices in the Beta.
• Use the Beta to build a competing product, or to circumvent any technical limitation or licensing mechanism.
• Use the Beta unlawfully, or in a way that infringes the rights of others.

6.Your content stays yours

Xul Valley documents are stored as ordinary files on your own device 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, drawings, 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 7 applies to what you chose to send.

Because your content lives on your device, you are solely responsible for backing it up. The Developer cannot recover work lost to a crash, a bug, a failed migration, or a deleted file.

7.Feedback

Feedback is the whole point of a beta, and it is very welcome. If you send bug reports, suggestions, screenshots, sample documents, or other feedback about the Beta, 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 happen to attach — only permission to use what you have chosen to send in order to improve the App.

The Beta is not confidential: you are free to discuss it, screenshot it, and write about it publicly.

8.Privacy and data

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

Testing through TestFlight is different, and you should know this before you install. Apple automatically collects information about your use of the Beta — including crash logs and usage data such as how long you use the App, along with details about your device and operating system — and provides that information to the Developer.

This collection is automatic and cannot be switched off while you are testing a beta build. It is not governed by the analytics preference in your device settings, and neither you nor the Developer can disable it for the Beta. If you do not want this data collected, the only option is to not install the Beta, or to stop testing and delete it. The data is technical in nature and is used solely to find and fix problems.

Apple's collection and handling of this data is described in its TestFlight Privacy Notice and Apple Privacy Policy.

This TestFlight collection applies to builds installed through TestFlight. It is not part of the App itself, so it does not apply to a copy of Xul Valley installed from the App Store — that is a separate installation this section does not cover. If you keep a TestFlight build on your device after the App ships, the collection continues to apply to that build for as long as you keep testing it.

If you separately signed up for launch notifications on this website, your email address is processed only to send you those updates, and you can ask to have it removed at any time by writing to [email protected].

9.Apple's role

The Beta is distributed through Apple's TestFlight service. Your use of TestFlight is also subject to Apple's own terms, including the Apple Media Services Terms and Conditions and the TestFlight beta testing terms you accepted in the TestFlight app. Apple describes the data it collects from beta testers in its TestFlight Privacy Notice.

Apple is not a party to these Terms and is not responsible for the Beta or its content. Apple has no obligation whatsoever to furnish any maintenance or support for the Beta, and no warranty obligation with respect to it. Any claim relating to the Beta — including product liability, non-conformity with legal requirements, or claims under consumer protection or privacy legislation — is directed solely to the Developer, not to Apple. Apple and its subsidiaries are third-party beneficiaries of these Terms and may 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.

10.No warranty

To the fullest extent permitted by applicable law, the Beta is provided "as is" and "as available", with all faults and without warranty of any kind. The Developer disclaims all warranties and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement.

The Developer does not warrant that the Beta will meet your requirements, that its operation will be uninterrupted or error-free, that defects will be corrected, or that any particular feature will appear in a released version.

11.Limitation of liability

Because the Beta is unfinished software supplied free of charge, and 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 Beta, however caused and under any theory of liability.

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 Beta and continue until the licence ends. TestFlight builds expire automatically (currently after 90 days, as set by Apple), and the beta programme itself may be paused, changed, or ended at any time.

You may end this agreement at any time by deleting the Beta from your devices. The Developer may suspend or terminate your access to the Beta at any time, with or without notice, in particular if you breach these Terms. On termination, the licence to use the Beta ends and you must stop using and delete it. Sections 6, 7, 10, 11, and 13 survive termination.

13.Eligibility, changes, and governing law

You must be at least 16 years old, or the minimum age required in your country to consent to these Terms, to take part in the beta.

These Terms may be updated as the Beta develops. The current version always lives at xulvalley.com/terms/, with the effective date at the top of this page. Material changes will be communicated through TestFlight release notes where reasonably possible. Continuing to use the Beta after a change means you accept the updated Terms.

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 Beta, go to [email protected].