Terms of Use

THE SERVICES INCLUDE SUBSCRIPTION THAT AUTOMATICALLY RENEWS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE STARTING A FREE TRIAL OR COMPLETING A PURCHASE FOR AUTO-RENEWING SUBSCRIPTION. TO AVOID BEING CHARGED YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A FREE TRIAL IN YOUR ACCOUNT SETTINGS AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL OR THEN-CURRENT SUBSCRIPTION PERIOD. DELETING SERVICES DOES NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS. YOU MAY WISH TO TAKE A SCREENSHOT OF THIS INFORMATION FOR YOUR REFERENCE.

Setapp is a subscription-based platform for macOS, iPadOS and/or iOS* devices that allows You to access and download computer and/or mobile applications (“Developer Content”) from developers (“Developers”). (hereinafter, together with its website www.setapp.com - “Services”).

*Please note that Setapp’s functionality and apps availability may differ depending on your region. For example, only users in the EU can download apps directly on iOS devices

These Terms of Use (the “Terms”) constitute an agreement between the customer (“You”, “Customer”, “User”) and MacPaw Way Ltd., registration number 428214, or our affiliates (“MacPaw”, “we” or “us”). You agree to be bound by these Terms whenever You use the Services. Therefore, by using the Services, You expressly accept and agree to comply with these Terms. "Use" or "using" means to access, download, install and/or use the Services. If You do not agree to these Terms, do not use the Services. Each time You use the Services, the current version of these Terms will apply.

Your use of the Services is also subject to our Privacy Policy incorporated into these Terms by reference. We reserve the right to make changes or modifications to these Terms in our sole discretion at any time and for any reason.

We may need to update these Terms to keep pace with changes in Services, activities, and laws applicable to us and You. We will, however, always maintain our commitment to respect Your privacy. We will notify You of any material changes that impact Your rights under these Terms. We recommend that You periodically check these Terms to stay informed of any changes.

Please note that Your continued use of the Services after any change means that You agree with and consent to be bound by the new Terms.

If You disagree with any changes in these Terms, You will need to stop using the Services.

You can contact us anytime through the contact data provided in these Terms.

THESE TERMS CONTAIN “WARRANTY DISCLAIMER” SECTION, “LIMITATION OF LIABILITY” SECTION, AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION).

If You have questions regarding these Terms, please contact us:
MacPaw Way Ltd.
25 Serifou, Allure Center 11, Office No. 11-12, 2nd Floor, 3046 Zakaki, Limassol, Cyprus
[email protected]

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 STOP USING THE SERVICES.

You may need to create an account to use the Services (“Account”). You are responsible for safeguarding Your Account, so use a strong password and limit its use to this Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You use the Services at Your own risk and responsibility and are solely and exclusively responsible for using the Services. We will not be liable for any of Your actions done using the Services.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Those who choose to use the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

By using the Services, 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 Services 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.

Unless otherwise indicated, the Services are our proprietary property, and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics at the Services (collectively, "Content") including but not limited to the structure, selection, coordination, expression, "look and feel" and arrangement of such Content, and the trademarks, service marks, and logos contained therein ("Marks") are owned or controlled by us or licensed to us, and are protected by law. The Content and the Marks are provided at the Services "AS IS" for Your information and personal use only.

Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that You are eligible to use the Services, we grant You a revocable, non-exclusive, non-transferable, limited right to install and/or use the Services on wireless electronic devices owned or controlled by You, and to access and/or use the Services on such devices strictly in accordance with these Terms.

By using the Services, You represent and warrant that:

• You have the legal capacity, and You agree to comply with these Terms;
• You will not use the Services with the help of automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Services for any illegal or unauthorized purpose, and
• Your use of the Services will not violate any applicable law or regulation.

If You provide any untrue, inaccurate, not current, or incomplete information, we have the right to refuse any and all current or future use of the Services (or any portion thereof).

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 (“Subscription”), You agree to pay the subscription price listed on the purchase page for the subscription period indicated thereon.

Please note that prices, functionality and/or subscription plans may vary depending on Your country or region.

YOUR SUBSCRIPTIONS WILL BE AUTO-RENEWED WITHIN 24 HOURS PRIOR TO THE END OF THE CURRENT SUBSCRIPTION PERIOD AT THE THEN-CURRENT RATE UNLESS AUTO-RENEWAL IS TURNED OFF. You can cancel a recurring subscription in Your Account. A canceled subscription will not be refunded for the unused part of the ongoing Services period. Additional terms or conditions may apply to a subscription at the time of order or renewal.

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.

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 (30) 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 “Subscriptions” above.

If You have made at least one payment under the 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 forteen (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.

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.

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.

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 behavior, 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.

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 where 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 (as defined below) 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 data, files, documents, and other information uploaded to Your Account for storage or used, presented, or shared with third parties in connection with the Services.

If You submit feedback or suggestions about our Services, we may use Your feedback or suggestions without any obligation to You.

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 13 (Term & Termination) of these Terms.

These Terms shall remain in full force and effect until terminated. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

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.

In addition, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination shall survive termination.

Unless otherwise required by law in Your country of residence, these Terms (and any non-contractual dispute/claim arising out of or in connection with them) shall be governed by the laws of the Republic of Cyprus, excluding its conflict of law principles.

You and MacPaw further consent to the exclusive jurisdiction of the courts of the Republic of Cyprus for the purpose of settling any dispute, claim, or controversy arising out of or in connection with the Terms (and any non-contractual disputes/claims arising out of or in connection with in connection therewith), except where applicable law allows You to choose to bring legal proceedings in Your country of residence, or we are required to bring legal proceedings only in Your country of residence.

Nothing in these Terms shall deprive You of the protection afforded to consumers by the mandatory rules of law of the country in which You live.

If You have a complaint, please contact us at [email protected]. If You feel Your complaint is not adequately addressed, You may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that You can access through http://ec.europa.eu/odr. Other than as set out in the Terms, MacPaw does not participate in any alternative dispute resolution scheme.

You may bring any dispute that may arise under these Terms to the competent court of Your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any such a dispute. MacPaw shall bring any dispute which may arise under these Terms to the competent court of Your country of habitual residence.

Furthermore, we have designated the following single point of contact for EU Member States’ authorities, the EU Commission: [email protected]. For this purpose, we accept communications in English and Greek.

Επιπλέον, έχουμε ορίσει το ακόλουθο ενιαίο σημείο επαφής για τις αρχές των κρατών μελών της ΕΕ, την Επιτροπή της ΕΕ: [email protected]. Για το σκοπό αυτό, δεχόμαστε ανακοινώσεις στα αγγλικά και στα ελληνικά.

WHERE PERMITTED BY APPLICABLE LAW, YOU AND MACPAW AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER, BUT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS OR CLASS ACTION. Unless both You and MacPaw agree, no arbitrator or judge may consolidate more than one person's claims or otherwise rule on any form of a collective or class action.

You may have legal rights in Your country of residence which would prohibit the following limitations from applying to You, and where prohibited, they will not apply to You. To find out more about rights, You should contact a local consumer advice organization.

YOU EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” 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, (VI) WARRANTIES RELATING TO COMPATIBILITY OF SERVICES WITH PARTICULAR OPERATION SYSTEMS AND THEIR UPDATES, 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 INHERENT RISKS OF THE INTERNET.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MACPAW BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MACPAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL MACPAW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

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.

These Terms constitute the entire agreement between You and MacPaw relating to the use of the Services and supersedes all prior or contemporaneous understandings regarding such subject matter. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any translation of these Terms is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in Your jurisdiction. If any term or provision of these Terms is declared void or unenforceable in a particular situation by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining Terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible, the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Terms.

Using the Services, sending us emails, and completing online forms constitute electronic communications, You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and at the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that You are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, You agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from MacPaw under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

MacPaw may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license Your rights under these Terms, to any third party.