Cyanfold — Terms of Use and End User License Agreement (EULA)

TASLAK — avukat ve yeminli/hukuk çevirmeni incelemesi gerekir. / DRAFT — requires review by a lawyer and a sworn/legal translator. Reference (prevailing) version — source: 02-terms-of-use-en.md. Version 1.0. Numbering is identical in all languages.

Last updated: [●] · Version 1.0

These Terms of Use and End User License Agreement (the "Terms") are an agreement between you and Kerem Berkay Yanık, an individual developer, [POSTA ADRESİ], Türkiye, e-mail [email protected] ("we", "us", "Cyanfold"). They govern your use of the Cyanfold application for iPhone, iPad and Mac, including its app extensions (Quick Look thumbnails, conversion service), in-app purchases and related websites (together, the "App"). By downloading, installing or using the App you agree to these Terms. If you do not agree, do not use the App.

If you are a consumer, nothing in these Terms limits rights that you have under mandatory consumer protection law of your country of residence (see Section 11).

1. What the App is — and what it is not

1.1 The App is a viewer for DWG and DXF drawing files, with measurement, markup (annotation) and export (PNG, PDF, DXF) features. It reads files using independently developed software. Cyanfold is an independent app: it is not made, certified, endorsed or sponsored by, or affiliated with, any CAD software maker or file-format organisation, and it is not the software that created your drawings. DWG and DXF are file formats; any trademarks belong to their respective owners.

1.2 Drawings may be displayed inaccurately or incompletely. The DWG format is proprietary and complex. Some objects, fonts, line types, hatches, external references, images, 3D solids, proxy objects, custom objects, layout settings or plot styles may be displayed differently, simplified, approximated, substituted (for example, fonts) or not displayed at all. The App tries to show you what is missing, but it cannot detect every difference.

1.3 Not a substitute for the original. What you see in the App, and anything you export from it, is a rendering and a conversion. It is not a substitute for the original file, the authoring software, signed and sealed drawings, or the documents of record of a project.

1.4 You must verify before you rely. Before using any drawing, measurement or export for construction, fabrication, manufacturing, installation, demolition, surveying, permitting, bidding, estimating, procurement, legal or safety purposes, or for any other decision with real-world consequences, you must check the dimensions and content against the original file opened in its authoring software and against the responsible professional's documents. You use the App's output at your own risk.

1.5 Measurements are approximate. Distance, area, angle and radius results depend on the drawing's geometry, units, scale, viewport and annotation scale settings and on where you place points; the App may misread units or scale, and snapping may choose a different point than you intended. Treat every measurement as approximate and verify it.

1.6 Exports. PNG, PDF and DXF exports are conversions. DXF export writes only the objects the App supports and may simplify, explode or omit others; files may open differently in other software. PDF "to scale" output depends on correct units and printer settings. Free-tier PNG exports carry a "Cyanfold" watermark. Hiding objects (a Pro feature) changes only what the App shows and exports; it never changes the original file. Hidden content stays in the original file, so check every export before you share it, and do not share the original file if its content must not be seen.

1.7 No professional advice. The App does not provide engineering, architectural, surveying, legal or any other professional advice or services.

2. Licence

2.1 Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App, for your personal or internal business purposes, on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (including Family Sharing where enabled).

2.2 The App contains open-source components licensed under their own licences, including the Mozilla Public License 2.0 (acadrust) and permissive licences (MIT, Apache-2.0, BSD, Zlib, Boost, SIL Open Font License, Hershey Fonts notice). These licences are listed in the App (Settings › About › Licenses) and at https://cyanfold.app/licenses. Nothing in these Terms restricts your rights under those licences; where an open-source licence grants you rights in a component, that licence governs that component. The source code of our modified version of the MPL-licensed component (acadrust) is available at https://cyanfold.app/source. Apart from these components, the App is proprietary software and is not open source.

2.3 We (and our licensors) keep all rights, title and interest in the App, including its software, design, fonts we created, texts and trademarks ("Cyanfold"). No rights are granted except as stated.

3. Your files, markups and exports (User Content)

3.1 Your files stay yours. The App processes the drawings you open on your device. We do not receive, upload or store your drawings (see the Privacy Policy). You keep all rights you have in your drawings, markups, measurements and exports ("User Content"). We claim no ownership of User Content.

3.2 You are responsible for your rights. You confirm that you have all rights and permissions needed to open, view, mark up, export, convert, copy and share each file you use with the App, including under copyright, confidentiality and contract (for example, non-disclosure agreements or project terms). Exporting or sharing a drawing may reproduce third-party works; do so only if you are allowed to.

3.3 Markups. Markups and placed measurements are stored by the App separately from the original file and do not modify it. They are your content and your responsibility. Markups may be lost if you delete the App, its data, or the original file moves; keep your own backups.

3.4 Problem reports. If you choose to send a problem report, it is sent by your own e-mail. You may choose to attach a copy of a drawing; only do so if you are allowed to share it. We use it only to diagnose and fix problems and delete it as described in the Privacy Policy.

4. Acceptable use

You must not: (a) use the App to infringe intellectual property, privacy, confidentiality or other rights, or for any unlawful purpose; (b) copy, modify, distribute, sell, rent or lend the App, except as allowed by these Terms, the Apple Usage Rules or an open-source licence; (c) reverse engineer, decompile or disassemble the App, except to the extent applicable law expressly permits this despite this restriction (for example, for interoperability under EU Directive 2009/24/EC or Turkish Law No. 5846 Art. 38); (d) circumvent or manipulate the daily limit, rewarded-ad credits, the Pro preview, watermarks, entitlements, clocks or other technical measures; (e) interfere with ads (for example, fake clicks or automated ad views) or violate the policies of our advertising partners; (f) use the App to create or distribute malware or files designed to harm other software; (g) remove or alter notices of ownership or licence; (h) use the App in situations where its failure could lead directly to death, personal injury or severe physical or environmental damage, without independent verification.

5. Free tier, ads, Pro, Day Pass and offers

5.1 Free tier. On iPhone and iPad, a limited number of new drawings can be opened each day for free, and further drawings may be opened after watching an optional rewarded ad; on Mac a limited number of new drawings can be opened each day without ads. Drawings you opened recently and bundled samples do not count. The daily limit also applies during the 72-hour Pro preview (Section 5.3); it does not apply while you have an active Pro subscription or Day Pass. The free tier includes viewing drawings (including layers, layouts and text search), two-point distance measurement, one freehand pen markup tool and PNG export with a watermark. Pro features include, for example: area, angle and radius measurement; the other markup tools (such as text notes, arrows, clouds, highlighter and shapes); placing measurements on the drawing; PDF and DXF export; PNG export without a watermark; revision compare; quantity takeoff; attribute export to CSV; smart folders; and hiding objects. Limits and features of the free tier may change; the current rules are shown in the App.

5.2 Advertising. The free tier on iPhone and iPad shows ads served by Google AdMob. Ad content is provided by third parties; we are not responsible for advertisers' products or websites. Your choices about personalised ads and tracking are described in the Privacy Policy. Ads continue to be shown during the 72-hour Pro preview (Section 5.3); they are not shown while you have an active Pro subscription or Day Pass.

5.3 72-hour Pro preview. New users may receive a free preview of Pro features for 72 hours, starting when the first non-sample drawing is displayed. The preview unlocks Pro features only (for example, Pro export, markup and measurement tools as described in the App). It does not remove the daily drawing limit or ads: during the preview the free-tier daily limit (Section 5.1) and advertising (Section 5.2) continue to apply. Unlimited drawings and an ad-free experience are provided only with a paid Pro subscription or Day Pass. The preview requires no payment method and does not turn into a paid subscription automatically. When it ends, the App returns to the free tier. It is available once per Apple Account / device as determined by the App (it is not reset by reinstalling). We may change or end the preview for future users.

5.4 Pro subscriptions (auto-renewing). Pro Yearly and Pro Monthly are auto-renewable subscriptions sold through Apple's App Store. Payment is charged to your Apple Account at confirmation of purchase. The subscription renews automatically for the same period and price unless it is cancelled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple Account settings (Settings › [your name] › Subscriptions, or https://apps.apple.com/account/subscriptions). Deleting the App does not cancel a subscription. If Apple offers an introductory or promotional price or free trial for a subscription, the terms shown on the purchase sheet apply and any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.

5.5 Day Pass (non-renewing). A Day Pass gives Pro features for 24 hours from purchase. It does not renew.

5.6 Launch offer and sale prices. During the 72-hour Pro preview, the App may show a time-limited launch offer for Pro subscriptions (currently 50% below the regular price in other storefronts). In App Store storefronts of the EU/EEA and Türkiye this offer is presented as a "launch price" together with the regular price, not as a percentage reduction from a previous price [● lawyer: confirm wording under Directive 98/6/EC Art. 6a and the Turkish price-indication rules — see 09 B.8]. We may also offer periodic sale days. Offers are shown with their actual end time; the price you pay is the one shown on Apple's purchase sheet. A later discount does not entitle earlier buyers to a refund of the difference.

5.7 Prices and taxes. Prices are set per App Store country and include or exclude taxes as Apple displays them. We may change prices for future periods; Apple will notify you of price increases of an existing subscription as Apple's rules require.

5.8 Refunds. Purchases are processed by Apple. Refund requests must be made to Apple (https://reportaproblem.apple.com) and are decided under Apple's policies and applicable law. We cannot issue refunds directly.

5.9 Restore. Use "Restore Purchases" in the App to restore purchases on a new device with the same Apple Account.

5.10 Feature changes. We may add, change or remove features. If we remove a core Pro feature during a paid period, we will try to provide an equivalent; mandatory consumer rights to a remedy remain unaffected.

5.11 Right of withdrawal (consumers in the EU/EEA, UK and Türkiye). Purchases are concluded through Apple, and Apple's terms on cancellation apply. Where a statutory right of withdrawal applies to digital content or digital services supplied to you, you acknowledge that Pro features and the Day Pass are made available immediately after purchase and that, by expressly consenting to immediate performance and acknowledging that you thereby lose your right of withdrawal, the right of withdrawal ends once performance has begun, to the extent permitted by law (EU Directive 2011/83/EU Art. 16(m); in Türkiye, Distance Contracts Regulation Art. 15(1)(ğ)). Your statutory rights in case of non-conformity remain unaffected. [● lawyer: confirm whether Apple's purchase flow obtains this consent or whether an in-app notice is needed — see 09 B.5.]

6. Updates and availability

We may release updates; some may be required to keep using the App. We do not guarantee that the App will support every DWG/DXF version, every object type, every device or operating system, or that it will be available at all times. We may discontinue the App; paid subscriptions will not renew after discontinuation and Apple's refund rules apply.

7. Third-party services

The App relies on Apple services (App Store, StoreKit, iCloud) and, on iPhone and iPad, on Google AdMob and Google's User Messaging Platform. Their terms and privacy policies apply to your use of them. We are not responsible for third-party services.

8. Disclaimer of warranties

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL OUTPUT (RENDERINGS, MEASUREMENTS, MARKUPS AND EXPORTS) ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL DISPLAY ANY DRAWING CORRECTLY OR COMPLETELY, THAT MEASUREMENTS WILL BE ACCURATE, THAT EXPORTS WILL OPEN OR MATCH THE ORIGINAL, OR THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

8.2 Some jurisdictions do not allow the exclusion of implied warranties or statutory rights (for example, the legal guarantee of conformity for digital content for consumers in the EU/EEA and UK, or the rights of consumers under Turkish Law No. 6502). In those jurisdictions the above exclusions apply only to the extent permitted, and your statutory rights remain.

9. Limitation of liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, GOODWILL, DATA OR ANTICIPATED SAVINGS, OR COSTS OF REWORK, DELAY, CONSTRUCTION DEFECTS, FABRICATION ERRORS, REJECTED BIDS OR PERMITS, ARISING OUT OF OR RELATED TO THE APP OR ITS OUTPUT, INCLUDING RELIANCE ON A RENDERING, MEASUREMENT OR EXPORT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE APP AND IN-APP PURCHASES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) USD 50 (or the equivalent in local currency).

9.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for intent (kast) or gross negligence (ağır kusur) (Turkish Code of Obligations Art. 115), for death or personal injury caused by negligence, for fraud, or under mandatory product liability or consumer law.

10. Indemnity

To the extent permitted by law, if you use the App for business purposes, you will indemnify us against third-party claims arising from your User Content or your breach of Sections 3 or 4. This section does not apply to consumers where prohibited.

11. Governing law and disputes

11.1 These Terms are governed by the laws of the Republic of Türkiye, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

11.2 The courts and enforcement offices of [● İstanbul (Çağlayan) / city] have jurisdiction, except that: (a) consumers in Türkiye may apply to the consumer arbitration committee (tüketici hakem heyeti) or consumer court of their own or our domicile as provided by Law No. 6502; (b) consumers in the EU/EEA, UK or Switzerland keep the protection of the mandatory law of their country of residence and may bring proceedings in their home courts; (c) consumers in the United States and other countries keep any non-waivable rights under the law of their state or country of residence. [● Lawyer to decide whether to add an arbitration/class-action waiver for US users — not recommended without US counsel.]

11.3 Before filing a claim, please contact us at [● [email protected]] so we can try to resolve it informally. EU consumers may also use the EU's Online Dispute Resolution information page.

12. Changes, termination, miscellaneous

12.1 We may update these Terms. Material changes will be announced in the App or on our website before they take effect; continued use after the effective date means acceptance. Changes do not affect a subscription period already paid for unless required by law.

12.2 These Terms apply until terminated. Your licence ends automatically if you breach these Terms. You may stop using the App at any time and delete it. Sections 1, 3, 8–13 survive termination.

12.3 If any provision is held invalid, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor of the App.

12.4 Trademarks: Cyanfold is an independent app and is not affiliated with, endorsed by, or sponsored by any CAD software maker. DWG and DXF are file formats; any trademarks belong to their respective owners.

12.5 Language versions. These Terms are provided in English, Turkish, German, French, Spanish, Italian, Brazilian Portuguese, Japanese and Korean. Translations are provided for your convenience. In case of conflict, the English version prevails, except where mandatory consumer law of your country of residence requires that the version in your language prevails or be given equal effect. [● lawyer: confirm the default (English) and the exceptions, e.g. Türkiye — see 09 B.1.]

13. Apple-required terms (minimum terms for the App Store)

13.1 Acknowledgement. These Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.

13.2 Scope of licence. The licence in Section 2 is limited to a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

13.3 Maintenance and support. We are solely responsible for any maintenance and support of the App, as set out in these Terms or required by law. Apple has no obligation to furnish any maintenance or support services for the App.

13.4 Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility (subject to Sections 8 and 9).

13.5 Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.

13.6 Intellectual property rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of any such claim.

13.7 Legal compliance. You represent and warrant that (i) you are not located in a country 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13.8 Developer name and address. Questions, complaints or claims about the App: Kerem Berkay Yanık (individual developer), [POSTA ADRESİ], Türkiye; e-mail: [email protected]; [● phone — required if the developer is a "trader" under the EU Digital Services Act].

13.9 Third-party terms. You must comply with applicable third-party terms of agreement when using the App (for example, your mobile carrier's terms).

13.10 Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.