PaceBreak Terms of Use and End User License Agreement

These Terms of Use and End User License Agreement (“Agreement”) are a legal agreement between you (“you” or “User”) and KinspireTech (“KinspireTech”, “we”, “us”, or “our”), governing your use of the PaceBreak application and any updates, documentation, or related services (collectively, the “App”).

By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not install or use the App.

1. License Grant

Subject to your compliance with this Agreement and payment of any applicable fees, KinspireTech grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App for your personal or internal business purposes.

The scope of your license depends on how you obtained the App:

• One-time purchase (lifetime license): a perpetual license to use the version of the App you purchased, on the number of devices specified at the time of purchase.
• Subscription license: a license to use the App for the duration of your active subscription, on the number of devices specified by your plan.
• Distribution platforms: if you obtained the App through a third-party platform (such as Setapp), your right to use the App is also governed by that platform’s terms, and your access may depend on your standing with that platform.

2. License Restrictions

You may not:

• copy, modify, adapt, translate, or create derivative works of the App, except as permitted by law;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or your license to any third party;
• remove, alter, or obscure any proprietary notices on the App;
• circumvent, disable, or interfere with any licensing, security, or activation mechanism of the App;
• use the App in any way that violates applicable law.

3. Ownership

The App is licensed, not sold. KinspireTech and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights. This Agreement does not grant you any rights to KinspireTech’s trademarks, logos, or branding.

4. License Activation

The App may require a license code or online verification to activate and confirm the validity of your license. You agree not to interfere with or circumvent this process. The limited data exchanged during license verification is described in our Privacy Policy.

5. Updates

KinspireTech may, at its discretion, provide updates, bug fixes, or new versions of the App. The terms of this Agreement apply to all updates unless an update is accompanied by a separate agreement. For one-time purchase licenses, access to updates may be subject to the terms presented at the time of purchase.

6. Health Disclaimer

The App is a productivity and wellness tool that provides reminders to take breaks based on the 20-20-20 guideline. It is not a medical device and does not provide medical advice, diagnosis, or treatment. The App is not a substitute for professional medical care. If you have concerns about your eye health, vision, posture, or any other health matter, consult a qualified healthcare professional. You use the App at your own discretion and risk.

7. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranty of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. KinspireTech does not warrant that the App will be uninterrupted, error-free, or compatible with any particular hardware or version of macOS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall KinspireTech be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, arising out of or related to your use of or inability to use the App, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, KinspireTech’s total aggregate liability arising out of or related to this Agreement or the App shall not exceed the amount you paid for the App in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you.

9. Term and Termination

This Agreement is effective until terminated. Your license terminates automatically if you breach any of its terms. For subscription licenses, your license also ends when your subscription ends. Upon termination, you must stop using the App and remove all copies in your possession. Sections relating to ownership, disclaimers, limitation of liability, and governing law survive termination.

10. Refunds

If you purchased the App directly from KinspireTech, refund requests are handled according to the policy presented at the point of sale. If you obtained the App through a third-party platform (such as Setapp), refunds are handled according to that platform’s refund policy.

11. Governing Law

This Agreement is governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec, district of the city in which KinspireTech is established, unless otherwise required by applicable consumer protection law.

12. Changes to this Agreement

KinspireTech may update this Agreement from time to time. The updated version will be indicated by an updated “Last updated” date and will be effective when posted. Your continued use of the App after changes take effect constitutes acceptance of the revised Agreement.

13. Contact

For questions about this Agreement, contact us at:

KinspireTech
support@kinspiretech.com