Terms of Use (EULA)

1. Acknowledgement

These Terms of Use ("EULA") are concluded between you and Vivy Technologies Co., Limited ("Vivy", "we", "our", or "us"), and not with Apple. Vivy, not Apple, is solely responsible for VVTerm ("the App") and its content. By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree, do not use the App.

This EULA does not override any usage rules in the Apple Media Services Terms and Conditions. You acknowledge that you have had the opportunity to review those terms.

2. Scope of License

Vivy grants you a limited, non-exclusive, non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the applicable App Store usage rules, including access via Family Sharing, volume purchasing, or Legacy Contacts where allowed by Apple.

This EULA applies to official VVTerm binaries distributed through Apple's App Store. Source code published at https://github.com/vivy-company/vvterm is licensed separately under GPL-3.0.

Free Version

The free version of VVTerm may be used without charge, subject to the following limitations: 1 workspace, 3 servers, and 1 simultaneous connection.

3. VVTerm Pro and App Store Purchases

VVTerm Pro requires a valid in-app purchase through the App Store. Pro unlocks unlimited workspaces, servers, and simultaneous connections.

Subscription billing and account management are handled by Apple. You can manage and cancel subscriptions through your Apple account settings.

4. Maintenance and Support

Vivy is solely responsible for providing any maintenance and support services for the App, to the extent required by this EULA or applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

5. Warranty

To the extent any warranty is not effectively disclaimed under applicable law, Vivy is solely responsible for such warranty.

In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price you paid for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty are Vivy's sole responsibility.

6. Product Claims

Vivy, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

7. Intellectual Property Claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Vivy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

8. Legal Compliance

You represent and warrant that you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

9. Third-Party Terms and Services

You must comply with applicable third-party terms when using the App. This includes the terms of your network or wireless carrier, Apple services such as iCloud, and any external services or infrastructure you access through the App, such as remote servers, Tailscale, Cloudflare, or similar providers.

The App may enable access to external services and websites. You use those services at your own risk. Vivy is not responsible for examining or evaluating third-party services and is not liable for their availability, accuracy, or content.

10. Restrictions

You may not:

• Reverse engineer, decompile, or disassemble the App
• Remove or alter any proprietary notices or labels
• Share or distribute your App Store purchase with others
• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to remote servers

11. SSH Connections

VVTerm facilitates SSH connections to servers you configure. You are solely responsible for:

• Ensuring you have authorization to access the servers you connect to
• Safeguarding your credentials and SSH keys
• Any actions performed through SSH connections made via the App

12. Data and Privacy

Your use of the App is also subject to our Privacy Policy. We may process technical and support-related information as described there.

13. iCloud Sync

Server configurations may be synced via Apple iCloud. Your use of iCloud is subject to Apple's terms of service. We are not responsible for iCloud availability or data loss due to iCloud issues.

14. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SSH CONNECTIONS ARE MADE DIRECTLY BETWEEN YOUR DEVICE AND REMOTE SERVERS; WE DO NOT PROXY OR INSPECT THIS TRAFFIC.

15. Limitation of Liability

IN NO EVENT SHALL VIVY TECHNOLOGIES CO., LIMITED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DATA LOSS, UNAUTHORIZED ACCESS, OR SERVER DOWNTIME.

TO THE EXTENT NOT PROHIBITED BY LAW, VIVY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP WILL NOT EXCEED USD 50.00.

16. Termination

Your license to use the App terminates automatically if you violate these terms. Apple may also terminate your access through the App Store.

17. Governing Law

These terms shall be governed by the laws of Hong Kong SAR, without regard to its conflict of law provisions.

18. Third-Party Beneficiary

You and Vivy acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA and that, upon your acceptance of the terms of this EULA, Apple will have the right, and will be deemed to have accepted the right, to enforce this EULA against you as a third-party beneficiary.

19. Contact

For questions, complaints, or claims regarding the App, contact:

Vivy Technologies Co., Limited
Room 706, Ho King Commercial Centre
2-16 Fa Yuen Street, Mongkok, Kowloon
Hong Kong

Phone: +86 13023122583
Email: [email protected]