End User License Agreement (EULA)

Terms and conditions for using Sketchpad software and applications.

Last updated: May 10, 2025

End User License Agreement (EULA)

Applicable for all Sketchpad Software

Table of Contents

Please read this End User License Agreement (“EULA”) before You purchase the Sketchpad for Desktop and download the Software.

By purchasing Sketchpad for Desktop and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase Sketchpad for Desktop or download and use the Software.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant (‘guarantee’) that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Sketchpad.

1. Definitions

1.1 - In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  • “Sketchpad” Sketchpad, Inc. 11177 SE Mystery Springs Ct. Clackamas, OR 97015;
  • “Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of Sketchpad, as amended from time to time;
  • “Full version” the license for the Software for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the Software;
  • “Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
  • “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Sketchpad, including any Updates;
  • “Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
  • “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
  • “You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.
  • “Subscription” the monthly or yearly subscription purchased through sketchpad.com/store, Apple App Store, or Microsoft App Store.

General

1.2 - This EULA applies to any licenses granted to You by Sketchpad for the use of the Software.

1.3 - By purchasing Sketchpad for Desktop and/or downloading and using the Software, You enter into this EULA with Sketchpad.

1.4 - This EULA may be modified from time to time. Sketchpad will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the purchase of Sketchpad for Desktop. Any modifications to this EULA shall only apply upon acceptance by You.

2. License

2.1 - Sketchpad grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Sketchpad reserves all rights not expressly granted to You.

2.2 - Sketchpad is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of Sketchpad for Desktop or Your Use of the Software.

3. Permitted use and restrictions

3.1 - In order to be able to install the Software and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the webpage: Changelog.

3.2 - You may Use the Software on one computer only, unless You have purchased (a) a volume license or (b) more than one Full version or (c) purchased Sketchpad through the Apple App Store and participate in a Family Sharing plan. In the event You have purchased a volume license or more than one Full version, the number of computers You may Use the Software on shall not exceed the number of the Full version purchased. If You exceed the limit, Sketchpad may ask you to discontinue Your use of Sketchpad for Desktop.

3.3 - You shall Use the Full version in accordance with applicable laws and shall not:

a. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the Full version; b. assign the Full version without prior written approval of Sketchpad; c. Use the Full version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity; d. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or e. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software or any parts thereof, except to the extent permitted by applicable law.

3.4 - Sketchpad may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

3.5 - Certain components of the Software are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found via the webpage: humans.txt

4. Maintenance and support

4.1 - Sketchpad will notify You of any available Updates and upgrades.

4.2 - You will be entitled to receive Updates free of charge for Your current version of Sketchpad for Desktop.

4.3 - You may need to pay an additional fee in order to be able to download an upgrade.

4.4 - Any maintenance and support provided by Sketchpad, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty (‘guarantee’), as soon as reasonably practicable, subject to availability of personnel.

5. Use of data

5.1 - Sketchpad and its subsidiaries may periodically collect and use technical and related data concerning the Software You have purchased, including about the version number of the Software You have installed and about the system You have installed the Software on. Sketchpad will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.

5.2 - Sketchpad may process personal data with respect to You, if and to the extent necessary to provide the Full version, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Sketchpad will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that Sketchpad has collected and received through its website.

6. Disclaimer

6.1 - You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.

6.2 - The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty (‘guarantee’) - express or implied- of any kind, and Sketchpad specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Sketchpad, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

7. Liability limitation

7.1 - The liability of Sketchpad and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License version, the Trial version, the License Key, the Software and/or this EULA shall in no event exceed the total amount paid by You to Sketchpad in the twelve (12) months preceding the claim.

7.2 - Sketchpad and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).

7.3 - The limitations of liability referred to in clause 7.1 and 7.2 shall not apply in the event that: (i) any negligence on the part of Sketchpad leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Sketchpad or the management of Sketchpad.

8. Subscriptions and Auto-Renewal

8.1 - If You purchase a Subscription, Your Subscription will automatically renew at the end of each billing cycle (monthly or yearly) unless You cancel before the renewal date. The renewal will be at the same price and for the same duration as the original Subscription period, unless Sketchpad notifies You of a price change in advance.

8.2 - You may cancel Your Subscription at any time through Your account settings on sketchpad.com/store, the Apple App Store, or the Microsoft App Store, depending on where You purchased the Subscription. Cancellation will take effect at the end of the current billing period, and You will retain access to the Software until that date.

8.3 - Sketchpad will send a reminder notification at least seven (7) days before each renewal date to the email address associated with Your account. It is Your responsibility to keep Your contact information up to date.

8.4 - Price changes to Subscriptions will be communicated at least thirty (30) days in advance. Continued use of the Software after a price change constitutes acceptance of the new price. If You do not agree to the new price, You may cancel Your Subscription before the next renewal date.

9. Refunds

9.1 - If You are unsatisfied with the Software, You may request a refund within fourteen (14) days of Your initial purchase or Subscription start date by contacting [email protected]. Refund requests made after fourteen (14) days will be reviewed on a case-by-case basis at Sketchpad’s discretion.

9.2 - Refunds for Subscriptions purchased through the Apple App Store or Microsoft App Store are subject to the refund policies of those respective platforms.

9.3 - Upon receiving a refund, Your license to Use the Software will be immediately revoked and Your Sketchpad app will revert to the free tier.

10. Termination

10.1 - This EULA will continue to be in force until the expiry or termination of the Full version or Your Subscription.

10.2 - Sketchpad may terminate this EULA immediately if You breach any of the terms set forth herein. Upon termination for breach, You will not be entitled to a refund.

10.3 - You may terminate this EULA at any time by uninstalling the Software and cancelling any active Subscription. If You terminate during an active Subscription period, You will retain access until the end of the current billing cycle but will not receive a prorated refund unless otherwise required by applicable law.

10.4 - Upon termination of the Full version or Trial version, Your Sketchpad app will revert to the free tier.

10.5 - You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

11. Governing law and disputes

11.1 - This EULA shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules.

11.2 - Any dispute between Sketchpad and You shall exclusively be submitted to the competent court in the State of Oregon, USA.

12. Contact information

If You have any questions about this EULA, please contact us at [email protected] or write to us at:

Sketchpad, Inc. 11177 SE Mystery Springs Ct. Clackamas, OR 97015

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