Terms of use

This agreement is between you and Decosa, Inc. ("Decosa", "we", "us"). It covers the Everdust app for iPhone, iPad, Mac and Apple Vision Pro, its scenes, films and other content, and any updates (together, the "App"). By downloading or using the App you agree to it. If you don't agree, don't use the App.

1. Your license. We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, for your own non-commercial enjoyment. The App is licensed, not sold. We and our licensors keep all rights not expressly granted to you.

2. What you may not do. You may not, and may not help anyone else to:

• copy, extract, download, record for redistribution, or reuse the App's scenes, visual designs, films, code, shaders, data or other content outside the App, including by unpacking, decrypting or reading the App's files or memory;
• reverse-engineer, decompile or disassemble the App, or get around any technical protection in it, except where the law expressly allows this despite this restriction;
• rent, lease, lend, sell, sublicense, redistribute or publicly perform the App or its content (for example, in a commercial venue, broadcast or stream), unless we agree in writing;
• remove or change any copyright, trademark or other notices;
• use the App to break the law or anyone's rights.

3. Simulations you create. Some versions of the App let you describe a simulation in words and have it generated for you ("Your Simulations").

• Your prompts are yours. You own the text you type. You are responsible for it and confirm you have the right to submit it.
• License to us. You grant Decosa a worldwide, non-exclusive, royalty-free license to store, process, host, render, display and transmit your prompts and Your Simulations, and to make technical changes needed to do so, in order to run the service for you (for example, to generate, save, sync and show them on your devices, and to share them when you choose to share them).
• Featuring needs your opt-in. We will feature Your Simulations publicly (for example, in a gallery, on our website or in marketing) only if you opt in. You can withdraw that permission for the future at any time.
• Our part stays ours. The engine, the recipe format, the generation system and the App's own scenes remain Decosa's. Generated results may resemble those of other users, and we don't promise that any result is unique or protectable.
• We may refuse, remove or decline to generate content that breaks the law, these terms or our content rules. Credits for failed or declined generations are refunded as the App describes.

4. Purchases. Credits and subscriptions are sold through Apple and governed by Apple's terms. Credits have no cash value and can be used only in the App.

5. Third-party components. The App includes third-party software, fonts and data under their own licenses (listed in the App's ThirdPartyNotices file). Those licenses govern those components.

6. Updates and changes. We may update, change or stop parts of the App or its content. We may update this agreement; if you keep using the App after an update, the updated agreement applies.

7. No warranty. To the fullest extent the law allows, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise that the App will be uninterrupted, error-free or that any simulation will look a particular way. Visual effects can include flashing lights and motion: stop using the App if you feel unwell, and take care with photosensitive conditions. On Apple Vision Pro, stay aware of your surroundings.

8. Limitation of liability. To the fullest extent the law allows, Decosa will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, arising from the App. Our total liability for any claim about the App is limited to the greater of the amount you paid us for the App in the 12 months before the claim and US$50. Some places don't allow these limits, so they may not apply to you.

9. Ending this license. This license ends automatically if you break this agreement. When it ends, you must stop using the App and delete it. Sections 2, 3 (the licenses already given for content we host), 7, 8 and 10 survive.

10. Governing law. This agreement is governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. Courts in California have exclusive jurisdiction, except where the law of your country gives you the right to bring a claim where you live.

11. Apple. This agreement is between you and Decosa only, not Apple. Apple is not responsible for the App or its content, has no obligation to provide maintenance or support, and is not responsible for any claims about the App (including product liability, legal or regulatory compliance, consumer protection, or intellectual-property infringement). If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; Apple has no other warranty obligation. You confirm you are not in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

12. Contact. Decosa, Inc. — seth@decosa.ai