Terms of Use

Acceptance of these terms

By downloading, installing, or using Apertura for macOS or Windows, or by using notch-os.com, you agree to these Terms of Use. If you do not agree, do not install or use the app.

License to use the app

Subject to these terms, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use Apertura on devices you own or control, for as long as your license (free or paid) remains valid and not revoked. This license does not grant you any right to the app's source code beyond what is already published under its own open-source license terms where applicable; see Ownership and third-party components.

Pricing and payment

Apertura is offered as a free tier and a Pro tier. The Pro tier is a one-time purchase of $29, not a subscription: there is no recurring charge, no auto-renewal, and no "cancel anytime" language applies because there is nothing recurring to cancel. A Developer tier is planned but its pricing has not been finalized. [NEEDS HAN: confirm refund policy window and process, and the payment processor's own terms to link here]

Prices, included features, and tier boundaries may change for future purchases; they do not change retroactively for a license you have already purchased for the version you bought it for.

Devices and activation

A Pro license activates against a specific device, identified by a device fingerprint generated on that device (see the Privacy Policy for exactly what that fingerprint is derived from). We may limit the number of devices a single license can be active on at once. Deactivating a device frees that seat for use on another device. We may revoke a device's activation if we reasonably believe the license is being used in violation of these terms, such as sharing a single key across an unreasonable number of unrelated devices.

[NEEDS HAN: confirm the exact per-license device/seat limit to publish here]

AI features

Apertura's AI features are provided on an "as-is" basis. Responses from any AI model, on-device or relay-assisted, may be inaccurate, incomplete, or inappropriate for your situation, and you should not rely on them as professional advice (legal, medical, financial, or otherwise). You are responsible for what you choose to send to the AI relay, including via clipboard macros, screen reading, and file attachments (see the Privacy Policy for exactly what those features transmit). Do not use Apertura's AI features to process content you are not authorized to share, or in a way that violates a third party's rights.

Acceptable use

You agree not to:

• Reverse engineer, decompile, or attempt to bypass the license activation or device-binding mechanisms, except to the extent such restriction is prohibited by applicable law.
• Use Apertura to violate any law, or to infringe the intellectual property or privacy rights of others.
• Resell, sublicense, or redistribute your license key, or share a single paid license across an unreasonable number of devices beyond what your tier allows.
• Interfere with or overload the backend services at api.notch-os.com or updates.notch-os.com, including through automated scraping or abuse of the AI relay.
• Use the Guardian anti-theft feature's webhook capability to send notifications to a destination you do not control or that the recipient has not agreed to receive them at.

Updates

Apertura checks for and installs updates automatically through Sparkle (macOS) or electron-updater (Windows), as described in the Privacy Policy. We may change, deprecate, or remove features in an update. Continuing to use the app after an update means you accept the app in its updated form.

Ownership and third-party components

Apertura and its branding are owned by us. Apertura incorporates open-source third-party components under their own licenses (including MIT, BSD-3-Clause, and Mozilla Public License 2.0 components); a full list is available in the app's third-party notices. Nothing in these terms transfers ownership of Apertura itself to you — you receive a license to use it, not the software itself.

[NEEDS HAN: the in-repo THIRD_PARTY_LICENSES file does not currently list every open-source dependency actually bundled (e.g. the Sparkle updater); reconcile that file with the real dependency list before this section is finalized]

Disclaimer of warranties

Apertura is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or that AI-generated content will be accurate.

Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising from your use of or inability to use Apertura, even if we have been advised of the possibility of such damages. Our total liability for any claim relating to Apertura is limited to the amount you paid for your license in the twelve months before the claim arose. [NEEDS HAN: have this liability cap and disclaimer language reviewed by counsel for enforceability in your target jurisdictions before publishing]

Termination

You may stop using Apertura and uninstall it at any time. We may suspend or revoke a license if we reasonably determine you have materially violated these terms, including the acceptable-use restrictions above. Sections that by their nature should survive termination (ownership, disclaimers, limitation of liability) continue to apply after your license ends.

Governing law

[NEEDS HAN: specify the governing law and venue for disputes; this is a business/legal decision, not something derivable from the codebase]

Changes to these terms

This is a draft. When finalized, we will note the effective date at the top of this page and describe how we will notify you of material changes to these terms. [NEEDS HAN: decide the notice mechanism for future changes]

Contact

[NEEDS HAN: provide a contact email or address for terms questions before this page is published]