MouseTuner Terms of Service

1. Definitions

1.1“Software” means the macOS application MouseTuner published by us, including all versions, updates and accompanying documentation.

1.2“Website” means https://mousetuner.com and its language-specific paths.

1.3“License” means the right, acquired under these Terms, to use the paid features of the Software. “License Key” means the string we issue for each order that activates a License.

1.4“Machine” means a computer running macOS. “Seat” means the number of Machines a License may be bound to at the same time, currently 3.

1.5“Trial” means the 30-day period of free, full-featured use that begins when the Software is first launched on a Machine.

1.6“Merchant of Record” means the third party that sells the License to you as the seller of record, issues the receipt and collects applicable taxes, currently Paddle.com Market Ltd. and its affiliates (“Paddle”).

1.7“You” or “user” means the natural person, legal entity or other organisation that downloads, installs or uses the Software or buys a License.

2. Operator

2.1The Software and the Website are operated by Shanghai Bairui Network Technology Co., Ltd. (上海柏锐网络科技有限公司), registered at Room ED1097, 1st Floor, Building 1, No. 1755 Hongmei South Road, Minhang District, Shanghai, China.

2.2All communication concerning these Terms should be sent to support@mousetuner.com.

3. License grant

3.1Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable license to install and use the Software on up to 3 Machines that you own or control, for personal or business purposes.

3.2The License is a one-time purchase with no expiry date and no renewal fee. Updates we publish for the Software are included in the License; we make no commitment as to whether or when updates will be published.

3.3The License belongs to the purchaser. A purchaser who is a natural person may activate Machines used by themselves and members of their household; a purchaser that is a legal entity or organisation may activate Machines used by its employees. Providing the License Key in any form to anyone outside that scope is a breach of these Terms.

3.4The Software is licensed, not sold. Except for the rights expressly granted in these Terms, we retain the Software and all intellectual property rights in it.

4. Restrictions

4.1Except to the extent expressly permitted by law, you may not:

1. (1)reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software, other than components released under an open-source license;
2. (2)circumvent, disable or tamper with the Software's licensing, activation or verification mechanisms, or generate, forge or distribute License Keys;
3. (3)sell, rent, lend, transfer or otherwise make a License Key or License available to a third party;
4. (4)remove or alter any copyright, trademark or other proprietary notice in the Software;
5. (5)use the Software or the Website in breach of applicable law, or for fraud, spam or other improper purposes;
6. (6)use the Software or the Website to infringe anyone's copyright, trademark, patent or other rights;
7. (7)interfere with or damage other people's computer systems, or introduce malware into the Software, the Website or the activation service, probe or scan them for vulnerabilities, scrape them by automated means, or otherwise compromise their security or availability.

4.2The Software includes third-party components released under open-source licenses such as MIT and Apache 2.0. Those components are governed by their own licenses, which are provided with the Software.

5. Trial

5.1The Software starts a 30-day full-featured Trial automatically when first launched on a Machine. No account and no payment method are required.

5.2The Trial period runs from the first launch of the Software on that Machine and is not reset by reinstalling. For that purpose the Software registers a hash of the Machine's fingerprint with our server once, at first launch, as described in the Privacy Policy.

5.3When the Trial ends, the Software's enhancement features switch off automatically and the Software continues to run with system-default behaviour until you buy and activate a License.

6. Purchase and payment

6.1Orders paid by card or PayPal are sold by Paddle as Merchant of Record: Paddle is the seller on your receipt, collects payment, calculates and collects applicable sales tax or VAT, and provides you with an electronic receipt. Paddle's terms of sale (https://www.paddle.com/legal/checkout-buyer-terms) also apply to that transaction.

6.2Orders paid by WeChat Pay or Alipay are sold by us directly and are priced in Chinese yuan.

6.3The price is the amount shown on the checkout page. Unless the checkout page states otherwise, the displayed price includes, or applicable taxes are added at checkout to, the amount shown. We may change prices at any time; changes do not affect completed orders.

6.4After successful payment we issue one License Key for the order, display it on the confirmation page and, where we have your email address, send it to the email address you entered at checkout. Delivery of the License Key constitutes delivery of the License.

6.5You are responsible for keeping your License Key safe. You bear the consequences of a License Key being disclosed or used by others through your failure to do so; you may contact us to have a License Key reissued.

7. Refunds

7.1You may request a full refund within 14 days of payment without giving a reason. The conditions, procedure and processing of refunds are set out in the Refund Policy published on the Website, which forms part of these Terms.

7.2Once a refund or chargeback is completed, the corresponding License Key is revoked and activated Machines return to the unlicensed state at their next daily verification.

8. Activation, verification and revocation

8.1On activation the Software binds a hash of your Machine's fingerprint to the License Key and occupies one Seat; the raw fingerprint never leaves your Machine. You may release any Machine from within the Software to free its Seat.

8.2To limit abuse of License Keys we cap the number of new Machines a License Key may be bound to within a given period; when the cap is reached, activation is refused and you may contact us.

8.3An activated Machine asks our server once every 24 hours whether its License Key has been revoked. If the request fails for network or server reasons, the Software leaves the license state unchanged; if the server confirms revocation, the Software disables enhancement features after a grace period.

8.4We revoke a License Key only when:

1. (1)the order has been refunded or charged back;
2. (2)the License Key has been shared, sold or transferred outside the scope permitted by clause 3;
3. (3)the License Key was obtained by fraud, with a stolen payment instrument or by other unlawful means;
4. (4)required by law or by a competent authority.

8.5If you believe a License Key has been revoked in error, contact us; if the revocation is confirmed to be an error, we will reinstate the License Key.

9. Intellectual property

9.1The copyright, trademarks and all other intellectual property rights in the Software, the Website and their contents (including programs, interfaces, icons, text and marks) belong to us or the respective rights holders and are protected by the laws of the People's Republic of China and of your place of residence.

9.2Nothing in these Terms transfers any intellectual property right to you. You may not use our trademarks or name in any way without our written permission.

10. Personal data

10.1We collect, use and protect your personal data as described in the Privacy Policy published on the Website. The Privacy Policy forms part of these Terms; by using the Software or buying a License you agree to it.

11. Third-party services

11.1The Software and the Website rely on the following third-party services, each governed by its own terms: Paddle (card and PayPal checkout), WeChat Pay and Alipay (checkout in Chinese yuan), Resend (delivery of License Key emails), Cloudflare (hosting of the Website and activation service), Neon (database hosting) and GitHub (distribution of update packages).

11.2The Software's configuration sync uses your own Apple iCloud account and is switched on or off by you; we do not have access to that data, and the feature is governed by Apple's terms.

11.3We are not liable for the availability, changes or interruption of third-party services, but will make reasonable efforts to reduce their impact on you.

12. Disclaimer of warranties

12.1To the maximum extent permitted by law, the Software is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

12.2We make reasonable efforts to keep the Software compatible with current versions of macOS, but we do not warrant that the Software is compatible with every mouse, every application or any future version of macOS, or that it is error-free or uninterrupted.

12.3Nothing in this clause limits or excludes any right that the consumer protection law of your country or region grants you and that cannot be excluded by agreement.

13. Limitation of liability

13.1To the maximum extent permitted by law, we are not liable for any indirect, incidental or consequential loss, loss of profit, loss of data or loss of goodwill arising from the use of or inability to use the Software, whether in contract, tort or otherwise, and whether or not we were advised of the possibility of such loss.

13.2To the maximum extent permitted by law, our total liability to you under these Terms or in connection with the Software is limited to the amount you actually paid for the relevant License.

13.3Nothing in this clause excludes or limits our liability for damage caused intentionally or by gross negligence, for personal injury caused by our fault, or for any other liability that cannot be excluded or limited by law.

14. Termination

14.1You may end these Terms at any time by uninstalling the Software and ceasing to use it; amounts paid are handled under the Refund Policy.

14.2If you breach these Terms and do not remedy the breach within 14 days of our notice, we may terminate your License; if you share or sell a License Key or obtained a License by fraud, we may terminate immediately without prior notice.

14.3After termination you must stop using the paid features of the Software and delete the License Key. Clauses 9, 12, 13 and 16 survive termination.

15. Changes to these Terms

15.1We may revise these Terms, for example because of changes in law, new payment methods or changes to the Software's features. The revised Terms will be published on this page of the Website with a new effective date; we will give notice of material changes by reasonable means such as an in-app notice or an announcement on the Website.

15.2Revisions do not take away a License you bought before the revision. If you continue to use the Software after a revision takes effect, you accept the revised Terms; if you do not agree, you must stop using the Software.

16. Governing law and disputes

16.1The formation, validity, interpretation and performance of these Terms and the resolution of disputes under them are governed by the laws of the People's Republic of China (for the purposes of these Terms excluding the laws of the Hong Kong and Macao Special Administrative Regions and of Taiwan).

16.2Any dispute arising out of or in connection with these Terms shall first be resolved through friendly negotiation; failing that, either party may bring proceedings before the competent people's court at the Company's domicile.

16.3If you are a consumer and the law of your habitual residence provides consumer protection or jurisdiction rules that cannot be excluded by agreement, this clause does not affect the application of those rules.

17. Miscellaneous

17.1These Terms, together with the Privacy Policy and the Refund Policy, are the entire agreement between you and us concerning the Software and supersede all prior oral or written arrangements.

17.2If any provision of these Terms is held invalid or unenforceable by a competent authority, the remaining provisions remain in effect.

17.3Our failure or delay in exercising any right under these Terms is not a waiver of that right.

17.4You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms to an affiliate or to a successor of our business and will notify you by reasonable means.

17.5These Terms are made in Chinese; versions in other languages are provided for convenience only. In the event of any inconsistency, the Chinese version prevails.

18. Contact

18.1Shanghai Bairui Network Technology Co., Ltd., Room ED1097, 1st Floor, Building 1, No. 1755 Hongmei South Road, Minhang District, Shanghai, China. Email: support@mousetuner.com. Enquiries and complaints about licenses, refunds and personal data are all handled through that address.