End User License Agreement

This End User License Agreement (“EULA”) is a binding legal agreement between you and Capturing Illumination LLC (“Capturing Illumination,” “we,” “us,” or “our”) governing your use of any software application, mobile app, web app, firmware, or downloadable component we publish (each a “Product,” collectively the “Software”).

Products covered. This EULA applies to: The 509 Loft, Once Upon Us, HomeBaseTV, MellowMiles, SkyWatch, ARIA, Harmonia, and any future Product we publish under the Capturing Illumination brand, unless a specific Product is distributed under a separate written license.

Apple / Google supplemental terms. When you obtain a Product through the Apple App Store or Google Play, the Apple Licensed Application End User License Agreement or the Google Play Terms of Service also apply and, to the extent of any conflict with this EULA, govern that specific Product.

Subject to your compliance with this EULA and any applicable subscription terms, Capturing Illumination grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on devices you own or control, solely for your personal or authorized business use.

You may not, and may not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works of the Software, except as expressly permitted.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or ideas from the Software, except to the extent this restriction is prohibited by law.
• Rent, lease, sell, sublicense, distribute, or otherwise transfer the Software to any third party.
• Remove, alter, or obscure any proprietary notices in the Software.
• Use the Software to build a competing product or to benchmark it without written permission.
• Use the Software to violate law, infringe intellectual property rights, or harm others.
• Circumvent authentication, license enforcement, or content protection mechanisms.

The Software is licensed, not sold. All right, title, and interest in and to the Software (including all intellectual property rights) remain with Capturing Illumination LLC and its licensors. Nothing in this EULA transfers ownership of the Software to you.

Capturing Illumination may release updates, patches, or new versions of the Software from time to time, which may be delivered automatically or require your action to install. This EULA applies to all updates unless a separate license accompanies an update.

Your use of the Software is subject to our Privacy Policy. Some Products process information locally on your device; others transmit information to our servers or third-party service providers to function. Product-specific privacy details are disclosed in-app and on each Product's page.

The Software may include open-source or third-party components licensed under their own terms. Where required, notices and license texts are provided in-app under “Attributions” or an equivalent screen. Those licenses continue to apply to the applicable components.

Certain Products (including ARIA, MellowMiles, and SkyWatch) may surface information related to medicine, safety, driving, aviation, emergencies, or other regulated domains. The Software is provided for informational and general-use purposes only and is not a substitute for professional medical, legal, safety, or emergency services. In an emergency, contact appropriate emergency services if they are available to you.

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CAPTURING ILLUMINATION DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR REQUIREMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTURING ILLUMINATION LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE.

OUR AGGREGATE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US $100.

You represent that you are not located in a country subject to a United States government embargo, and that you are not on any U.S. government list of prohibited or restricted parties. You will comply with all applicable export and re-export control laws when using the Software.

This EULA is effective until terminated. It terminates automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Software and destroy all copies. Sections that by their nature should survive termination (including restrictions, ownership, disclaimers, limitation of liability, and governing law) will survive.

This EULA is governed by the laws of the State of Washington, United States, without regard to conflict of laws principles. Exclusive jurisdiction for any dispute arising from this EULA lies in the state and federal courts located in Washington, except that either party may seek injunctive relief in any court of competent jurisdiction.

Questions about this EULA? Email legal@capturingillumination.com.