Updated Nov 30, 2021
You agree to be bound by these Terms of service (these “Terms” or this “Agreement”) of www.setapp.com (the
“Site”), owned and operated by Setapp Ltd., an Irish corporation (“we” or “us”) any time
you use or access the Site, our applications (“Applications”) and any
of our other products or services located on the Site or through the Applications (together with the Site
and the Applications referred to herein as the “Services”). Your use of the Services is
subject to your acceptance and compliance with these Terms. If you do not agree to these Terms, do not use
the Services. Each time you access or use the Services, the current version of these Terms will apply. These
Terms will always be available on the Site.
Your use of the Services is also subject to our Privacy Policy,
available on the Site and incorporated into these Terms by reference; in addition, you agree to abide by our
rules, policies, and procedures we may publish on the Services from time to time, including policies and
terms applicable to Subscriptions (as defined below). We reserve the right at any time and without notice to
change these Terms.
Additionally, we continually test various aspects of our Services, including but not limited to our Site,
Applications, user interfaces, service levels, plans, promotional features, and pricing. We reserve the right to,
and by using our Service you agree that we may, include you in or exclude you from these tests without notice.
If you have questions regarding these Terms, please contact us.
THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY
IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE, AND YOU ARE NOT AUTHORIZED
TO ACCESS OR USE ANY OF THE SERVICES OR APPLICATIONS. BY ACCESSING OR USING THE SITE, SERVICES, AND/OR APPLICATIONS,
YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT
YOU ARE USING THE SITE, SERVICES AND/OR APPLICATIONS ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT
YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND
BY THIS AGREEMENT.
1. Services, registration & account
1.1 Services.
The Services we offer primarily consist of a subscription-based service in which consumers (“Customers”)
can access and download computer and/or mobile applications (“Developer Content”) from developers (“Developers”).
1.2 Registration.
You may be asked to register for an account (an “Account”) on the Site or through the Applications before
using the Services. When you register for an Account, you agree to (i) provide accurate, current, and
complete information about yourself as prompted by our registration form and (ii) maintain and update your
information to keep it accurate, current, and complete. You acknowledge that if any information provided by
you is untrue, inaccurate, not current, or incomplete, you will have materially breached these Terms, and we
reserve the right to terminate this Agreement and your use of the Services. As part of the registration
process, you may be asked to provide a username and password unique to the Account (collectively
referred to as “Login Information”). You will be responsible for the confidentiality and use of your Login
Information and agree not to transfer or resell your use of or access to the Services to any third party. If
you have reason to believe that your Account is no longer secure, you must immediately notify us of the
problem.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no
ownership or other property interest in the Account. You further acknowledge and agree that all rights
in and to the Account are and shall forever be owned by and inure to our benefit. You are entirely
responsible for maintaining the confidentiality of your username and password and for any and all activities
are conducted through your Account. You may use our Services only if you are at least the age of majority in
the jurisdiction in which you reside.
If you open or operate an Account on behalf of an entity, you represent and warrant that you are an
authorized representative of such entity and that you have authority to bind such entity to these Terms.
1.3 Our Rights.
WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE
SERVICES AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU
WHATSOEVER. You acknowledge and agree that we are not required to notify you before suspending or
terminating your Account and/or your access to the Services.
1.4 Your Rights.
You have the right to cancel your Account, if applicable, at any time. You understand and agree that, except
as expressly provided by law and otherwise herein, the cancellation of your Account and the cessation of
your use of the Services is your sole right and remedy with respect to any dispute with us. This includes,
but is not limited to, any dispute related to or arising out of (i) this Agreement or our enforcement or
application thereof or (ii) your ability to access and/or use the Services.
2. The Services
2.1 General Information.
The Services are mainly comprised of a platform that permits Developers to offer Developer Content to
Customers. Customers purchase subscription to the Services to access the Developer Content.
If you purchase a subscription to the Services (a “Subscription”), you agree to pay the subscription price
listed on the purchase page for the subscription period indicated thereon. Your Subscription will renew at
the end of the subscription period at the then-current rate unless you cancel the Subscription through your
Account before the end of the applicable subscription period. Additionally, when you purchase a
Subscription, you authorize us to use the payment information we have on file for you to renew the
Subscription as described herein. We may, but are not required to, contact you via email or your Account
prior to the end of your Subscription to let you know that your Subscription will auto-renew. If you are
directed to our third-party payment processor(s), you may be subject to terms and conditions governing the use
of that third party’s service and that third party’s personal information collection practices. Please
review such terms and conditions and privacy policy before using the services.
We may change our Subscription types and prices of our Services from time to time.
2.2 Trial Period.
When you sign up for a Subscription, we may offer you a free trial period as indicated on the Services
(“Trial Period”). If we offer you a Trial Period, we still may require that you add a valid payment method
to activate the trial. At the end of the Trial Period, your Subscription will automatically renew at the
then-current rate unless you cancel the Subscription before the end of the Trial Period through your Account
or by contacting us. If your Subscription begins following the Trial Period, but you do not access or use
any of the Developer Content following the end of the Trial Period, we will refund the fees charged for the
Subscription on your request, provided that you cancel the Subscription within thirty days after the end of
the Trial Period. If you use or access any Developer Content following the end of the Trial Period, you must
cancel your Subscription in accordance with Section 2.1 above.
2.3 Grace Period.
If you have made at least one payment under a Subscription and we cannot renew your Subscription at the end
of the applicable subscription period, we may offer you a grace period (“Grace Period”) of 14 days. During the
Grace Period, you will be able to access your Account and the Developer Content. If we are unable to collect
payment for the renewed Subscription at the end of the Grace Period, you will no longer be able to access
the Developer Content. Access to your Account will be terminated two weeks following the end of the Grace
Period. If you wish to reactivate your Account after access has been terminated, you will be required to pay
the past-due Subscription payment in addition to a new Subscription payment for the reactivation.
2.4 Contract between Customer and Developer.
You acknowledge and agree that although we are a platform to provide Customers access to Developer Content,
we are simply a limited agent of Developers appointed solely for the purposes of (i) collecting funds
from Customers and (ii) delivering any Developer Content downloaded under your Subscription. If there is an
issue regarding your receipt of downloaded Developer Content, you may contact us to help resolve the issue;
however, you acknowledge and agree that (i) the Services is a service enabling Developers to
distribute Developer Content, (ii) the Developer Content is derived from files provided by the relevant
Developer, and (iii) such Developer is solely responsible for all Developer Content.
Each item of Developer Content has its own agreement with you, and you should review it prior
to downloading or accessing such Developer Content. The relevant Developer is solely responsible for agreements
associated with any such Developer Content.
In case when Developer's agreement contradicts these Terms or the rules, policies, and procedures
published on the Services, these Terms, the rules, policies and procedures prevail over Developer's agreement.
2.5 Developer Content Availability.
We may have a variety of Developer Content available on the Services at any given time, and we may feature
certain Developer Content in our promotional or marketing materials. Given the nature of the Services,
however, we cannot and do not guarantee the availability of any particular Developer Content at any time, nor do
we guarantee that any Developer Content you download will be available to you perpetually. You may lose
access to downloaded Developer Content, and you acknowledge and agree that neither we nor the Developer will
provide you with a refund for such Developer Content in the event we are required to deny access to such
Digital Content through the Services, except as required by law. Your access to all Developer Content will
terminate when your Subscription expires or is terminated.
2.6 Third Party Applications.
The Services may be integrated with third party applications, websites, and services (“Third Party
Applications”) to make available content, products, and/or services to you. These Third Party Applications
may have their own terms and conditions of use and privacy policies and your use of these Third Party
Applications will be governed by and subject to such terms and conditions and privacy policies. You
understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or
content of any Third Party Application or for any transaction you may enter into with the provider of any
such Third Party Applications.
3. Customer conduct
3.1 User Content.
The Services are provided for your own use. You are responsible for all of your activity in connection with
the Services. The Services may include interactive areas in which you may post public content and
information, (in whatever form, referred to herein as “User Content”). You are solely responsible for, the
User Content you post to the Services. You are also solely responsible for your use of such interactive
features and use them at your own risk. We reserve the right to remove or modify User Content for any reason
at our sole discretion. You represent and warrant that no User Content is false, misleading, untruthful, or
inaccurate and that the User Content you post does not infringe any patent, trademark, copyright, trade
secret, right of publicity, or any other right of any other person or entity.
When you post User Content to the Services, you give us and our affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such User Content throughout the world in any
media. To the extent such content is attached to a user profile on the Services, the foregoing license
includes a right to reproduce your profile, and any name, likeness, or photograph contained in such profile.
If your Content is subject to data protection laws (“Personal Data”) and is processed by us as a data
processor acting on your behalf (in your capacity as data controller), we will use and process your Content
in order to provide the Services and fulfill our obligations under the Terms and in accordance with your
instructions as represented in these Terms. Notwithstanding anything to the contrary, this section of the
Terms expresses the entirety of our obligations with respect to your Content. “Content” means any of your,
or your users’ data, files, documents, and other information that is uploaded to your Service account for
storage or used, presented, or shared with third parties in connection with the Service.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without
obligation to you.
3.2 Your Conduct.
All User Content shall be free of violent, threatening, vulgar, discriminatory, harassing, illegal, or
sexually objectionable content (“Impermissible Content”). You acknowledge and agree not to post any
Impermissible Content, not to use the Services for or to further any illegal activity, and to otherwise
comply with any policies related to User Content we may implement from time to time. You also acknowledge
and agree that nothing in this paragraph limits our rights under Section 1.3 of these Terms.
4. General terms
4.1 Termination.
This Agreement shall continue until you cease using the Services, close your Account and uninstall our
Applications, if applicable, in accordance with our standard procedures or until sooner terminated according
to these Terms. All provisions of this Agreement which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity,
and limitations of liability.
4.2 Indemnification.
You agree to indemnify and hold harmless us, our affiliates, and our and their officers, directors,
licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party
service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs, and
expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result
from your information, use of the Services, or your breach of these Terms. You agree to be solely responsible
for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to
participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims
against any Indemnitee provided that you will not agree to any settlement that imposes any obligation or
liability on any Indemnitee without our prior express written consent.
4.3 Electronic Notices and Disclosures.
You agree that we are able to provide you notices electronically to you through your Account or other
electronic means all required notices, disclosures, authorizations, acknowledgments, and other documents
that are required to be provided or made available to you during the course of our relationship. You can
receive all the disclosures and notices electronically. By using electronic disclosure, all pertinent
delivery fees are waived as charged to you by third parties, including, but not limited to, text rates,
bills, and surcharges.
We may give you notices by posting on the Site or by sending them to your Account or to the email address on
file for you. It is your responsibility to ensure that your email address and other contact information is
updated, current, and correct. All notices to us shall be sent via recognized overnight courier or certified
mail, return receipt requested, to Setapp, Ltd., 9 Tallow Street Youghal, Co. Cork, P36YE14, Ireland.
4.4 Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
(II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III)
WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES, OR ANY PART THEREOF,
(IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (V) WARRANTIES RELATING TO THE
ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE,
OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING,
THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF
ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS
OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SERVICES MAY BE LIMITED
BY MANY FACTORS, INCLUDING THE INHERENT RISKS OF THE INTERNET.
4.5 Limitation Of Liability.
IN NO EVENT SHALL WE, OUR DIVISIONS, SUBSIDIARIES AND AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS, AND AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND,
OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (I)
THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SERVICES; (II) ANY
INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (III) ANY SERVICES AVAILABLE THAT ARE DELAYED
OR INTERRUPTED; (V) ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES; (IV) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE ANY LINKED SITE; (V) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY
CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICES; OR (VI) THE LOSS OR CORRUPTION OF DATA OR
INFORMATION.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER
TO YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF $100 AND THE SUBSCRIPTION FEES COLLECTED PAID BY
YOU DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
BECAUSE WE ARE NOT RESPONSIBLE FOR DEVELOPER CONTENT, IF A DISPUTE ARISES BETWEEN A CUSTOMER AND DEVELOPER
WITH RESPECT TO DEVELOPER CONTENT (OTHER THAN REGARDING THE DELIVERY OF SUCH DEVELOPER CONTENT), THEN YOU
RELEASE US (AND OUR AFFILIATES, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT,
THEN YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU, BEING AWARE OF SAID CODE
SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR
COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND
MATERIAL TERM OF THIS AGREEMENT AND THAT WITHOUT SUCH WAIVER, WE WOULD NOT HAVE ENTERED INTO THESE TERMS.
4.6 Intellectual Property.
The Services are protected by copyrights, trademarks, patents, trade secrets, and other intellectual
property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of
the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not
grant you any express or implied right to use the Services. You agree not to copy, republish, frame,
download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign,
distribute, display, perform, license, sublicense or reverse engineer any of the Services. In addition, you
agree not to take any action that may infringe on our Intellectual Property Rights.
4.7 Governing Law.
This Agreement shall be governed by the laws of Ireland without giving effect to conflicts of law
principles. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and
shall not be consolidated in any proceeding with any claim or controversy of any other party. Any action
relating to this Agreement must be brought in the courts located in Ireland, and you irrevocably consent to
the jurisdiction of such courts.
4.8 Miscellaneous.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and
the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of
these Terms shall not constitute a waiver of that or any other provision. You shall not assign or transfer
these Terms or any right or obligation hereunder to any third party. These Terms, together with any other
documents or agreements referred to herein, set forth the entire Agreement between you and us.