These Terms of Service and End-User License Agreement (“Terms”) form a binding agreement between you (“you”, “your”, or “User”) and Heylel Labs, a sole proprietorship operated by Martin Pacheco (“DockDuck”, “we”, “us”, or “our”), and govern your access to and use of the DockDuck application for macOS (the “App”), the website at https://dockduck.app (the “Site”), and related services (together, the “Services”).
PLEASE READ CAREFULLY. By downloading, installing, activating, or using the App, or by clicking “I agree”, you accept these Terms. If you do not agree, do not download, install, or use the App.
1. Definitions
- “License” means the right to use the App granted under Section 3.
- “License Key” means the unique key issued to you upon purchase.
- “Merchant of Record” / “MoR” means Sold through Link, LLC (formerly Lemon Squeezy, LLC), our reseller (Section 6).
- “Documentation” means user guides we publish for the App.
- “Update” means a patch, bug fix, or minor release; “Upgrade” means a major new version that we may offer separately.
2. Eligibility
You must be at least 16 years old (or the age of digital consent in your jurisdiction) and able to form a binding contract. If you accept on behalf of an organization, you represent that you are authorized to bind it, and “you” includes that organization.
3. License grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App, in object code form, for your own personal or internal business use, on Mac computers that you own or control, up to the number of device activations stated at the point of purchase. A License is sold per individual user.
4. License restrictions
You shall not, and shall not permit any third party to:
(a) copy (except for a single backup), sell, resell, rent, lease, lend, sublicense, distribute, or transfer the App or any License Key;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, except to the limited extent such restriction is expressly prohibited by applicable law (e.g. for interoperability under EU Directive 2009/24/EC, and only after requesting the necessary information from us);
(c) modify, adapt, translate, or create derivative works of the App;
(d) remove, alter, or obscure any proprietary notices;
(e) circumvent, disable, or tamper with licensing, activation, or security mechanisms, or use a License Key beyond its authorized activations;
(f) use the App to develop a competing product, or to provide a service bureau, time-sharing, or hosting service to third parties; or
(g) use the App in violation of any applicable law or third-party rights.
5. Free trial
We may offer a time- or feature-limited free trial. The trial is provided “as is” and without warranty, and we may modify, suspend, or discontinue it at any time. When the trial ends, a paid License is required to continue using paid features. We encourage you to evaluate the App fully during the trial before purchasing.
6. Orders, pricing, payment, and taxes
Purchases are sold and processed by our Merchant of Record, Sold through Link, LLC (formerly Lemon Squeezy, LLC), 222 South Main Street, Suite 500, Salt Lake City, UT 84101, USA. The MoR is the seller of record for your transaction, handles billing and payment processing, and is responsible for the calculation, collection, and remittance of applicable taxes (including VAT, GST, and sales tax). Your purchase is additionally subject to the MoR’s Buyer Terms (https://www.lemonsqueezy.com/buyer-terms). Prices are shown at checkout in the applicable currency and may change for future purchases. You are responsible for providing accurate billing information.
7. Refunds
Refunds are governed by our Refund Policy and are processed through the MoR. Nothing in these Terms limits any mandatory statutory consumer rights you may have, including EU/UK rights of withdrawal for digital content.
8. Updates, upgrades, and support
The App includes an automatic update mechanism (the Sparkle framework) that may download and install Updates. We may, but are not obligated to, provide Updates, Upgrades, or support, and we may discontinue any of them at any time. Updates are governed by these Terms unless accompanied by separate terms. Major Upgrades may be offered as separate paid products.
9. License keys, activation, and anti-piracy
Your License Key is confidential. You are responsible for activity under your License Key. We may use reasonable technical measures to validate licenses and enforce activation limits. We may suspend or revoke a License Key that is shared publicly, used beyond its authorized activations, obtained fraudulently (including via chargeback), or used in breach of these Terms.
10. Intellectual property; feedback
The App, the Site, the DockDuck name, logo, and all related content, and all intellectual-property rights therein, are and remain the exclusive property of DockDuck and its licensors. These Terms grant a license to use the App and do not transfer ownership of the software. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you.
11. Third-party and open-source components
The App incorporates third-party and open-source software, including the Sparkle update framework, which are provided under their own licenses (e.g. permissive MIT/BSD-style licenses). Those licenses govern your use of those components and, in case of conflict regarding a component, control over these Terms with respect to that component. A list of such components and their notices is available with the App or on request.
12. Acceptable use
You agree to use the Services lawfully and not to use them to store, process, or transmit material that is illegal, infringing, or harmful, or to interfere with the operation or security of the Services.
13. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY;
(b) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID FOR YOUR LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) USD $50.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation. If you are a consumer, these limitations apply only to the extent permitted by the mandatory consumer-protection law of your country of residence.
15. Indemnification
You agree to indemnify, defend, and hold harmless DockDuck and Martin Pacheco from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right.
16. Term and termination
These Terms apply from your first use of the App until terminated. The License continues for as long as you comply with these Terms. We may suspend or terminate the License immediately if you materially breach these Terms. Upon termination, you must cease all use of the App and delete all copies. Sections that by their nature should survive (including Sections 4, 10, 13, 14, 15, and 18–20) survive termination.
17. Export controls and sanctions
You represent that you are not located in, and will not use or export the App in violation of, any applicable export-control or sanctions laws, and that you are not on any government restricted-party list.
18. Force majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, internet or hosting outages, labor disputes, or governmental actions.
19. Governing law and dispute resolution
These Terms are governed by the laws of Mexico, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to mandatory consumer law, the courts of Ciudad de México, Mexico have jurisdiction over disputes. If you are a consumer, you benefit from the mandatory provisions of the law of your country of residence, and nothing here deprives you of the protection of those provisions or of your right to bring proceedings in your local courts.
20. General
(a) Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or asset sale.
(b) Severability. If any provision is held unenforceable, the rest remains in effect.
(c) Waiver. Failure to enforce a provision is not a waiver.
(d) Entire agreement. These Terms, the Privacy Policy, and the Refund Policy are the entire agreement between you and us regarding the Services and supersede prior agreements.
(e) Notices. We may provide notices via the Site, the App, or the email associated with your purchase.
(f) Changes. We may modify these Terms; material changes will be posted with an updated date and, where required, additional notice. Continued use after changes take effect constitutes acceptance.
21. Contact
Heylel Labs — Martin Pacheco · martin@heylellabs.com · https://dockduck.app