Terms of use
The terms on which our applications are licensed to you. The part that matters most is section three, and it is short.
1 · Agreement
These terms are between you and Riftwell, LLC (“Riftwell”). By installing or using any application we publish, you agree to them. If you do not agree, do not use the applications.
Applications obtained from the App Store are licensed to you under Apple's standard Licensed Application End User License Agreement, which is the licence that governs your use of that copy. These terms govern everything else in your relationship with us — sections 3 to 7 in particular — and where they conflict with Apple's standard agreement for an App Store copy, Apple's agreement governs.
Applications obtained from any other platform store are subject to that store’s own terms as well, and where those conflict with ours for that copy, theirs govern.
2 · Your licence
Our applications, their interfaces and the methods inside them are owned by Riftwell IP, LLC and licensed to Riftwell, LLC, which operates every application we publish. What Riftwell, LLC grants you is a sublicence, and it is the only licence you need — you do not have, and do not need, a separate relationship with Riftwell IP, LLC.
We grant you a personal, non-exclusive, non-transferable, revocable licence to use our applications on devices you own or control, for your own purposes, including commercial ones. You may not resell, sublicense, rent, reverse engineer, decompile, or attempt to derive the source or the underlying methods, except to the extent that restriction is unenforceable where you live.
We keep all rights we do not expressly grant. The software, its interfaces, and the methods inside it remain Riftwell IP, LLC’s.
3 · Professional use — read this one
Riftwell’s applications are drafting, calculation and organisation tools. Their output does not constitute engineering, design or code-compliance advice, and does not replace project drawings, applicable codes and standards, manufacturer instructions, or the judgment of a licensed tradesperson or engineer.
You are responsible for verifying every dimension, quantity, material and construction detail against the governing documents before anything is ordered, fabricated or installed. Do not rely on a number this software produced without checking it.
Codes, standards and manufacturer data change. Reference information inside an application may be incomplete or out of date, and it is your responsibility to work from the current governing documents.
4 · Professional liability
Our applications are priced as drafting and calculation tools, not as a substitute for a stamped set of engineering documents, a licensed tradesperson's judgment, or professional liability insurance — and the price reflects the risk. What you pay for a licence buys you the tool described in section three, nothing more. It does not shift, share or insure any part of the professional responsibility that section keeps with you, and it is priced accordingly.
5 · Your content
Drawings, models, catalogues, photographs and other material you create or import are yours, and they stay on your device. We claim no ownership of them, and we could not reach them if we tried — our applications have no upload path, and we operate no server that holds your work.
You are responsible for having the right to use any material you put into an application, including documents produced by someone else.
6 · Acceptable use
Do not use our applications to break the law, infringe someone’s rights, interfere with the service or with other users, or attempt to gain access to systems or data that are not yours.
7 · Accounts
Where an application offers an account, you are responsible for the credentials and for what is done with them. Tell us promptly at support@riftwell.dev if you believe an account has been compromised. You may delete an account at any time — see account and data deletion. Deletion is irreversible from the moment you confirm it.
8 · Third-party material
Some applications work with documents, product data or standards published by other parties. Those materials belong to their owners, their trademarks are their own, and their presence in an application is not an endorsement by them or an association with them. «Counsel to review the licensing position for third-party standards and manufacturer data.»
9 · Trademark
RIFTWELL, our product names and our logos are trademarks of Riftwell IP, LLC, used under licence by Riftwell, LLC. You may refer to them by name, using no more of the mark than is needed, to accurately identify or link to our applications — for example, in a review, a comparison, or a support request. You may not use our name, marks or logos in a way that implies our endorsement, sponsorship, or an affiliation that does not exist, and any such reference must clearly disclaim that association. Do not use our logos at all without our written permission.
10 · Warranties
The applications are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. Some jurisdictions do not allow that, in which case the exclusions apply only as far as they lawfully can.
11 · Limitation of liability
To the fullest extent the law allows, Riftwell is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or the cost of rework, remaking or reinstalling materials. Riftwell’s total liability arising out of or relating to an application is limited to the greater of (a) the amounts you paid us for that application in the twelve months before the claim arose, or (b) US$100.
That limit does not apply to liability that cannot lawfully be limited or excluded — for example, liability for our fraud, gross negligence or wilful misconduct, or for death or personal injury caused by our negligence, or any other liability that the law of your state or country does not permit us to limit. As to those, nothing in these terms limits our liability, and the limit above applies to everything else.
12 · Termination
You may stop using the applications at any time. We may suspend or end your licence if you materially breach these terms. Sections 3, 4, 5, 10, 11 and 13 survive.
13 · Governing law, disputes and arbitration
Governing law. These terms are governed by the law of the State of Missouri, without regard to conflict-of-law rules. Nothing in this section deprives you, as a consumer, of the protection of any mandatory provision of the law of the country or state where you live, and where a mandatory local protection applies, it controls over anything in this section that conflicts with it.
Informal resolution first. Before either of us files anything, we agree to try to resolve the dispute informally. Send written notice describing the dispute to legal@riftwell.dev (or, if we are the ones with the dispute, to the address you have on file), and both of us will negotiate in good faith for at least 60 days from that notice before filing a claim or starting an arbitration.
Arbitration and class waiver. If informal resolution does not work, any dispute arising out of or relating to these terms or an application will be resolved by binding, individual arbitration rather than in court, except that either of us may bring an individual claim in small-claims court if it qualifies, and either of us may seek injunctive relief in court to stop misuse of our intellectual property. There is no class action, class arbitration, or representative proceeding of any kind — each of us may bring a claim only in an individual capacity, and an arbitrator may not consolidate more than one person's claims. Both of us waive any right to a jury trial. Where a provision of this paragraph is prohibited by the law that applies to you, that provision does not apply to you, and the rest of this section continues to apply.
Venue. Where a dispute is not arbitrated — because it is filed in small claims court, because injunctive relief is sought, or because arbitration does not apply to you — the state and federal courts located in Jefferson County, Missouri have exclusive jurisdiction, and you and we each consent to that venue and waive any objection to it, except where mandatory local law requires a different venue for a consumer dispute.
Time limit to bring a claim. Any claim arising out of or relating to these terms or an application must be filed within one year after the claim arose, or it is permanently barred, except where the law that applies to you does not permit a limitation period this short, in which case the shortest period that law permits applies instead.
14 · Price
The applications are provided free of charge at present. If we begin charging for an application or a feature, we will say so before it applies to you, and no charge will be made without your agreement.
15 · Changes to these terms
We may change these terms. If a change is material we will update the date at the top of this page and, where an application is affected, tell you inside it before the change takes effect. Continuing to use an application after that means you accept the change. If you do not, stop using the application and delete your account.
16 · Contact
Riftwell, LLC
117 S. Lexington Street
Suite 100
Harrisonville, Missouri 64701
United States
legal@riftwell.dev · 314-690-8330
Schedule 1 · Apple's minimum terms for end-user license agreements
Where you obtained an application from the Apple App Store, this schedule applies to that copy in addition to the rest of these terms, as required by Apple's own agreement with us. It is an agreement between you and Riftwell, LLC only — Apple is not a party to it and has no obligation to provide any maintenance, support or warranty service for the application.
- Not an agreement with Apple. This licence is between you and Riftwell, LLC, not Apple, and Riftwell, LLC alone is responsible for the application and its content.
- Scope of the licence. Your licence is limited to using the application on an Apple-branded device that you own or control, and as permitted by Apple's own usage rules for the App Store, including use by other accounts associated with you through Apple's family sharing features.
- Maintenance and support. Riftwell, LLC, not Apple, is solely responsible for any maintenance and support for the application, to the extent these terms or applicable law require it.
- Warranty. Riftwell, LLC, not Apple, is responsible for any product warranty, whether express or a warranty implied by law that cannot be disclaimed. If the application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund you the purchase price for the application; beyond that refund, Apple has no other warranty obligation with respect to the application, and any other claim, loss, liability, cost or expense attributable to a failure to conform to a warranty is Riftwell, LLC's responsibility alone.
- Product claims. Riftwell, LLC, not Apple, is responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including a product-liability claim, a claim that the application fails to meet a legal or regulatory requirement, or a claim arising under consumer-protection, privacy or similar law.
- Intellectual property claims. If a third party claims that the application, or your possession or use of it, infringes that party's intellectual property rights, Riftwell, LLC, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
- Legal compliance. By using the application you represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as supporting terrorism, and that you are not on any U.S. government list of prohibited or restricted parties.
- Our contact details. Questions, complaints or claims about the application should be directed to Riftwell, LLC, 117 S. Lexington Street, Suite 100, Harrisonville, Missouri 64701, United States · 314-690-8330 · legal@riftwell.dev.
- Apple as a third-party beneficiary. You and Riftwell, LLC acknowledge that Apple and its subsidiaries are third-party beneficiaries of this schedule, and that Apple has the right to enforce it against you as such a beneficiary.