End User License Agreement

1.1 This End User License Agreement ("EULA") is between GameGlass Inc, a Delaware corporation ("GameGlass", "we", "us"), and you, the person or organization installing or using the Software ("you").

1.2 You accept this EULA when you first launch the Software and confirm acceptance, or when you sign in to a GameGlass account through the Software. If you do not agree, do not install or use the Software.

1.3 Your use of the Software is also governed by the GameGlass Terms of Service and Privacy Policy. Together with this EULA, these are the "GameGlass Terms". If they conflict, this EULA governs the license to the Software, the Terms of Service govern accounts, purchases and online services, and the Privacy Policy governs personal information.

1.4 If you accept this EULA on behalf of an organization, you confirm you have authority to bind it.

1.5 You must be at least the age of majority where you live to accept this EULA. If you are under that age, a parent or guardian must accept it for you and is responsible for your use of the Software.

• "Software" means the GameGlass desktop application ("GameGlass Hub"), the GameGlass companion apps for phones and tablets, any web interface served by the desktop application on your local network and used through a web browser, and any updates, documentation and related files we provide, in any distribution format.
• "Online Services" means the services we host online, including app.gameglass.gg, forge.gameglass.gg, the GameGlass API, account and sync services, and any other service we operate under the gameglass.gg domain.
• "Paid Features" means features or content available only with a paid subscription or purchase.
• "Shards" means control panel layouts and related content that can be created, shared or downloaded through the Software.
• "Third-Party Components" means software included with the Software that is licensed to us by others, including open-source software.
• "Distributor" means an app store, package repository or software catalog that makes the Software available to users, such as Flathub, the Apple App Store, Google Play, the Amazon Appstore or the Microsoft Store.

3.1 Subject to this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on any computers, phones and tablets you own or control, and to use the web interface served by the desktop application through a supported web browser on those devices, for your personal use or for use within your organization.

3.2 There is no limit on the number of devices. Access to Paid Features may be limited per account as described at the point of purchase.

3.3 The Software is licensed, not sold. We and our licensors keep all rights not expressly granted in this EULA.

3.4 The parts of the Software work together. The desktop application runs a local service on your computer that the companion apps and web browsers on your devices connect to, usually over your local network. Some features need the desktop application running, and some need an internet connection. You are responsible for the security of your own devices and network, including which devices can connect to the desktop application.

3.5 The Online Services are provided as services, not installed software. Your use of them is governed by this EULA and the Terms of Service, and they may change, be limited or be unavailable from time to time as described in Section 11. Some Online Services, such as the API, may have their own additional terms or documentation, which also apply when you use them.

4.1 Distributors may copy and distribute the Software, including through mirrors and caches, provided that:

1. the Software is distributed complete and unmodified, except for changes needed only to package it for that Distributor's format (for example, Flatpak packaging metadata, desktop files and icons);
2. this EULA and all copyright, license and Third-Party Component notices are kept intact and made available to users;
3. no fee is charged for the Software itself, other than for the Distributor's normal service;
4. the Distributor does not state or imply that GameGlass endorses it, beyond identifying the Software by name; and
5. the Software is not bundled with malware, adware or other software that changes its behavior.

4.2 Section 4.1 does not grant any right to use GameGlass trademarks or logos, except to identify the Software accurately in a store or repository listing.

4.3 We may withdraw permission from a specific Distributor by written notice if it breaches Section 4.1. Users who received the Software from that Distributor keep their license under Section 3.

4.4 Except as allowed in this Section 4, you may not distribute, sell, rent, lease or sublicense the Software.

4.5 Section 4.1 covers installable copies of the Software only. You may not copy, host, mirror or frame any Online Service, or offer access to one as a service to others.

5.1 You may not, and may not allow others to:

1. modify, adapt, translate or create derivative works of the Software;
2. reverse engineer, decompile or disassemble the Software;
3. remove or alter any copyright, trademark or license notice;
4. bypass, disable or interfere with license checks, subscription controls or other technical protections, including to access Paid Features without paying;
5. use the Software to break any law or anyone else's rights;
6. use the Software to build a competing product; or
7. create, share or publish a Shard that contains malicious or deceptive key commands, macros or other actions, such as commands that delete files, run programs, capture or enter passwords, make purchases, or do something other than what the Shard's name and description say.

5.2 Items 1 and 2 do not apply to the extent that applicable law gives you a right to do those things that cannot be excluded by contract (for example, for interoperability), or to the extent a Third-Party Component's license permits it (see Section 7).

5.3 Creating, editing and sharing Shards using the tools in the Software is not a modification of the Software.

5.4 When using the Online Services, you may not:

1. access them through automated means, such as scrapers or bots, except through the API as documented;
2. exceed rate limits or usage limits we set, or try to get around them;
3. share, sell or publish API keys or account credentials, or let others use them;
4. probe, scan or test the security of the Online Services without our written permission; or
5. use them in a way that harms their availability for other users.

5.5 We may suspend or limit access to the Online Services, including API access, to protect the service or other users, or if you breach this Section 5.

6.1 The Software is free to download. Some features require a GameGlass account. We offer these plans:

• Basic (free): the core features of the Software, with no Paid Features.
• Monthly or Yearly subscription: all Paid Features included in the subscription, billed in advance each month or year and renewing automatically until you cancel.
• Lifetime: a one-off payment for access to all Paid Features included in the subscription, not including Add-ons, for as long as GameGlass offers the product (see Section 6.3).

6.2 "Add-ons" are features or content sold separately and labeled as add-ons at the point of purchase. Add-ons are not included in any plan unless the plan says so.

6.3 For Lifetime purchases:

1. "For as long as GameGlass offers the product" means for as long as we make the Software and its subscription Paid Features available to the public, including any successor product we offer to replace it.
2. Lifetime access includes Paid Features we add to the subscription in future, and is not affected by later price changes.
3. We will not remove a feature from Lifetime access by moving it into an Add-on or a new plan while we still offer that feature to subscribers.
4. Lifetime access belongs to the GameGlass account that bought it and cannot be transferred.
5. If GameGlass's business is sold or transferred, we will make it a condition of the sale or transfer that the buyer honors Lifetime purchases.
6. If we stop offering the product, we will give at least 90 days' notice. Lifetime access ends when the product is discontinued, without affecting your rights under consumer law.

6.4 Prices, billing periods, renewals, cancellations and refunds are governed by the Terms of Service and the terms shown at the point of purchase. Purchases made through a Distributor, such as the Apple App Store or Google Play, are also subject to that Distributor's payment and refund terms.

6.5 Which features are Paid Features, and what each subscription includes, is shown at gameglass.gg/pricing and in the Software before you buy.

7.1 The Software includes Third-Party Components. Each is licensed to you under its own license, not this EULA.

7.2 A list of Third-Party Components and their licenses is included with the Software.

7.3 If a Third-Party Component's license gives you rights this EULA would otherwise restrict (for example, the right to replace or modify an LGPL-licensed library and to reverse engineer for debugging those changes), that license's terms apply to that component.

7.4 Where an open-source license requires us to provide source code for a component, we will do so on request to support@gameglass.gg for the period that license requires.

8.1 The Software collects usage and diagnostic data, such as feature usage, crash reports and device information, to operate, support and improve GameGlass. Some of this data is processed by service providers acting for us.

8.2 What we collect, why, how long we keep it, and your choices are described in the Privacy Policy.

8.3 The Software connects to the internet to sign in, check subscriptions, sync and download Shards, and check for updates. Some features do not work offline.

9.1 GameGlass and its licensors own the Software, including its code, design, look and feel, and the Shards we publish, and all intellectual property rights in them.

9.2 You keep ownership of Shards and other content you create ("User Content"). Rules for sharing User Content with other users, and the license you give us to host and display it, are in the Terms of Service.

9.3 Shards may refer to games and other products owned by third parties. GameGlass is not affiliated with or endorsed by those owners unless we say so.

10.1 Game rules are your responsibility. The Software works alongside games and platforms owned by third parties. You are responsible for following the terms of service, license agreements, and fair-play and anti-cheat rules of each game and platform you use with the Software.

10.2 No protection from bans. Some games, platforms and anti-cheat systems may treat software like GameGlass, including simulated key presses, macros and reading game data, as breaking their rules. We do not control them and cannot guarantee that using the Software or any Shard with a game is allowed. To the extent the law allows, we are not liable for any ban, suspension, loss of progress, items or in-game currency, or other action a game publisher, platform or anti-cheat system takes against you or your accounts because of your use of the Software or any Shard.

10.3 Shards from other users. Shards created by other users are their User Content, not ours, even when they are available through the Software or the Online Services, such as forge.gameglass.gg. We do not review, test or endorse them. Before you use a Shard created by another user, you are responsible for checking that it is safe and does what you expect, including the key commands and other actions it sends. To the extent the law allows, we are not liable for any loss or damage caused by a Shard created by another user. This Section 10.3 does not apply to Shards we publish.

10.4 Malicious Shards. If a Shard breaks Section 5.1 item 7, we may remove it, and we may suspend or permanently close the account of the user who created or shared it under Section 13. You can report a Shard you believe is malicious to support@gameglass.gg.

11.1 We may release updates that fix bugs, add or change features, or remove features. Updates may be installed automatically by the Software or by your Distributor. This EULA applies to all updates unless an update comes with its own terms.

11.2 We may stop supporting older versions of the Software, operating systems or devices. If a change removes a material part of a Paid Feature you have paid for, your rights under the Terms of Service and consumer law apply.

11.3 Support is available through gameglass.gg/support. We do not guarantee response times unless your subscription says otherwise.

11.4 We may offer features or versions marked as beta, preview or experimental. They may be incomplete, contain errors, change or be removed at any time, and are provided without any commitment to release them in final form.

12.1 Your consumer rights come first. Nothing in this EULA excludes, restricts or changes any right or remedy you have under consumer protection law that cannot lawfully be excluded, including the consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) and statutory rights in the European Union and the United Kingdom. Sections 10.2, 10.3 and 12.2 to 12.5 apply only to the extent the law allows.

12.2 No other warranties. Except as stated in this EULA or required by law, the Software is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free or compatible with every game, device or operating system.

12.3 Limit on remedies. Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited, at our choice, to:

1. for goods, replacing or repairing them, or paying the cost of replacing or repairing them; and
2. for services, supplying them again or paying the cost of having them supplied again.

12.4 No indirect losses. We are not liable for indirect or consequential loss, or for loss of profits, revenue, data or goodwill, arising from your use of or inability to use the Software.

12.5 Cap. Our total liability to you for all claims relating to the Software is limited to the greater of:

1. US$50; and
2. the fees you paid us for Paid Features in the 12 months before the claim arose or, if you bought a Lifetime plan, the price you paid for it.

12.6 Nothing in this EULA limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

13.1 This EULA starts when you accept it and continues until ended under this section.

13.2 You can end it at any time by uninstalling the Software from all your devices. Cancelling a Monthly or Yearly subscription is done separately, as described in the Terms of Service. A Lifetime purchase stays on your account if you uninstall, and you can reinstall and accept this EULA again at any time.

13.3 We can end your license if you materially breach this EULA and, where the breach can be fixed, you do not fix it within 14 days of our notice. We can end it immediately for a breach of Section 5.1 item 4 or 7 or for unlawful use.

13.4 If we end your license under Section 13.3, we may also suspend or close your GameGlass account. You then lose access to Paid Features, including Lifetime access, without a refund, except where the Terms of Service or consumer law say otherwise.

13.5 When this EULA ends, you must stop using the Software and uninstall it. Sections 6.3, 7, 9, 10, 12 and 16, Section 15.1 item 10, and any accrued rights survive.

14.1 We may update this EULA. The current version is always at gameglass.gg/legal/eula with its "Last updated" date.

14.2 For changes that materially reduce your rights, we will give at least 30 days' notice in the Software or by email before they take effect.

14.3 If you keep using the Software after a change takes effect, you accept the updated EULA. If you do not agree, stop using the Software and cancel any Monthly or Yearly subscription; your rights under the Terms of Service and consumer law about refunds still apply.

15.1 Apple. If you got the Software from the Apple App Store:

1. this EULA is between you and GameGlass only, not Apple, and GameGlass, not Apple, is responsible for the Software;
2. your license to the copy obtained from the App Store is limited to Apple-branded devices you own or control, as allowed by the App Store Usage Rules;
3. Apple has no obligation to provide maintenance or support for the Software;
4. if the Software fails to meet an applicable warranty, you may notify Apple, which may refund the purchase price; to the extent the law allows, Apple has no other warranty obligation;
5. Apple is not responsible for any product liability, legal compliance or consumer protection claims relating to the Software;
6. GameGlass, not Apple, is responsible for investigating and handling any claim that the Software infringes a third party's intellectual property rights;
7. you confirm you are not in a country subject to a US Government embargo or on a US Government list of prohibited or restricted parties;
8. questions, complaints and claims about the Software should be sent to GameGlass at support@gameglass.gg or the postal address in Section 17;
9. you must comply with any third-party terms that apply when you use the Software, such as your wireless data service agreement; and
10. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

15.2 Google. If you got the Software from Google Play, the Google Play Terms of Service also apply. If they conflict with this EULA on how Google Play operates, they govern that point.

15.3 Amazon. If you got the Software from the Amazon Appstore, the Amazon Appstore terms of use also apply. Amazon is not a party to this EULA and is not responsible for the Software or for supporting it.

15.4 Microsoft. If you got the Software from the Microsoft Store, this EULA applies instead of the Microsoft Store's standard application license terms, and the Microsoft Store terms of sale also apply to your purchase. Microsoft is not a party to this EULA and is not responsible for the Software or for supporting it.

15.5 Other Distributors. Where a Distributor's terms conflict with this EULA about how that Distributor's store, payments or refunds work, the Distributor's terms govern that point. In everything else, this EULA governs.

16.1 This EULA is governed by the laws of the State of Delaware, USA, as are the Terms of Service. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute relating to this EULA. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and may bring claims in your local courts.

16.2 You must comply with export control and sanctions laws that apply to your use of the Software.

16.3 You may not assign this EULA without our written consent. We may assign it to a successor in a merger, acquisition or sale of the business.

16.4 If any part of this EULA is unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect.

16.5 If we do not enforce a right, we have not waived it.

16.6 Notices. We may give you notices in the Software, by email to the address on your GameGlass account, or by posting them on gameglass.gg. You can send us notices by email to support@gameglass.gg. Formal legal notices, including service of process, must be sent by post to the address in Section 17.

16.7 Events beyond our control. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, such as failures of internet, hosting or Distributor services, natural disasters, war, labor disputes or government action.

16.8 US Government end users. The Software and its documentation are "commercial computer software" and "commercial computer software documentation" as defined in FAR 2.101. Under FAR 12.212 and DFARS 227.7202, US Government end users get only the rights set out in this EULA.

16.9 Feedback. If you send us ideas, suggestions or other feedback about the Software, we may use them without restriction and without paying you. This does not give us ownership of your User Content.

Questions about this EULA: support@gameglass.gg

General support: support@gameglass.gg

Postal notices: GameGlass Inc, 8 The Green Suite #8110, Dover, Delaware, 19901, US