Table of contents
- Acceptance of terms
- Definitions
- License to use
- Use restrictions
- Free trial
- Purchase and payment
- Refund policy
- Updates and support
- Intellectual property
- Warranties and disclaimers
- Limitation of liability
- Indemnification
- Termination
- Force majeure
- Governing law and jurisdiction
- Changes
- Miscellaneous
- Contact
Acceptance of terms
These Terms of Service (the "Terms") form a contract between you ("User" or "you") and Aether Innovations Pte. Ltd., a company incorporated in Singapore with its registered office at 2 Venture Drive #19-21, Vision Exchange, Singapore ("Aether", "we", "us").
By downloading, installing, activating or using the OXYGENE application (the "Application"), you acknowledge that you have read, understood and accepted these Terms without reservation. If you do not accept these Terms, you must not use the Application.
Definitions
- Application: the OXYGENE software, including all modules, updates, documentation and related resources.
- License: the limited, non-exclusive, non-transferable right granted to you to use the Application under these Terms.
- Premium Version: version of the Application granting access to all paid features.
- Site: the website oxygene-app.com.
License to use
Subject to your compliance with these Terms and payment of any amounts due, Aether grants you a personal, worldwide, non-exclusive, non-transferable and revocable license to install and use the Application on a limited number of Macs that you own or control.
The maximum number of Macs that may simultaneously activate a single Premium License is two (2). You may deactivate an existing Mac to activate another from the Application's preferences.
Use restrictions
Except with Aether's prior written consent or as otherwise required by mandatory law, you agree not to:
- copy, distribute, lease, lend, sell, sublicense or transfer the Application or your License;
- decompile, disassemble, reverse-engineer or attempt to extract the source code of the Application;
- modify, adapt or create derivative works of the Application;
- circumvent, disable or tamper with protection, license verification or activation mechanisms;
- use the Application for any unlawful, fraudulent purpose or in a way that infringes third-party rights;
- use technical data from the Application to develop a competing product or service;
- remove or alter any proprietary notices, trademarks or copyright notices.
Free trial
Aether offers a 7-day free trial giving access to all Premium features, with no purchase obligation and no payment information required. After this period, Premium features are disabled; free modules remain available.
Aether reserves the right to modify the trial duration or discontinue it at any time, without notice.
Purchase and payment
The Premium Version of OXYGENE is offered at USD $29 as a one-time purchase (1-year license, no auto-renewal) or USD $14.99 per month for the License + Priority Support plan, cancellable at any time. Equivalent prices in EUR (€29 / €14.99) are offered in Europe. Prices include applicable taxes where required.
Payment is processed by Stripe, Inc., a payment service provider. Aether does not receive, store or process your card data. Your use of Stripe is governed by their own terms: stripe.com/legal.
Your license key is sent by email to the address provided at checkout, immediately after the transaction is confirmed.
Refund policy
Aether voluntarily offers a 14-day money-back guarantee from the date of purchase, no questions asked. To request a refund, send an email to support@oxygene-app.com from the address used for purchase, including your Stripe receipt. Refunds are processed within 5-10 business days to the original payment method.
Subscriptions: for the monthly License + Support plan, you may cancel at any time directly from the Application. Cancellation takes effect at the end of the current billing period; no pro-rated refund is provided for partial months.
EU consumers: these terms do not affect your statutory rights under EU consumer protection law, including the 14-day right of withdrawal under Directive 2011/83/EU.
Updates and support
Aether may, at its discretion, release corrective and evolutionary updates to the Application. These updates are included at no additional cost in your Premium License.
Aether provides email support at support@oxygene-app.com within a reasonable response time (target: 1 business day). Aether does not guarantee resolution of every request or compatibility with unsupported hardware or software configurations.
Intellectual property
The Application, its source code, interface, content, graphics, trademarks, logos and names (including "OXYGENE" and "Aether Innovations") are the exclusive property of Aether or its licensors. They are protected by copyright, trademark and any other applicable intellectual property laws.
No right or license is granted to you over these elements other than the License to use described in section License.
Warranties and disclaimers
The Application is provided "AS IS" and "AS AVAILABLE", without any warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
Aether does not warrant that the Application will meet your requirements, operate without interruption or error, be compatible with all configurations, or that defects will be corrected.
Important warning: OXYGENE performs operations that may include the deletion of files. You are solely responsible for backing up your data beforehand. Aether strongly recommends keeping Time Machine backups (or equivalent) up to date before any cleaning operation.
The provisions of this section apply to the extent permitted by applicable law. Consumers in jurisdictions where mandatory consumer warranties apply (e.g. EU, UK, Australia) retain the benefit of such mandatory warranties.
Limitation of liability
To the fullest extent permitted by applicable law, Aether shall in no event be liable for:
- any loss of data, revenue, profits, reputation or business opportunities;
- any indirect, incidental, special, consequential or punitive damages, including those arising from the use of or inability to use the Application;
- any third-party action, including intrusion, security circumvention or data theft not resulting from Aether's direct fault.
In any case, Aether's aggregate liability under these Terms shall not exceed the total amount actually paid by you for your License during the 12 months preceding the event giving rise to liability.
The above limitations do not apply in cases of fraud, gross negligence, death or personal injury caused by Aether's negligence, or where applicable law prohibits such limitation.
Indemnification
You agree to indemnify and hold Aether, its officers, employees and contractors harmless from any claim, liability, damage or expense (including reasonable legal fees) arising from: (i) your use of the Application in breach of these Terms; (ii) your violation of any applicable law or third-party right.
Termination
You may stop using the Application and uninstall it at any time.
Aether may suspend or terminate your License, without notice, in the event of a material breach of these Terms, including fraud, unauthorized use, circumvention of protection mechanisms or non-payment. In case of termination for cause, no amounts will be refunded.
The sections relating to intellectual property, warranties, limitation of liability, indemnification, governing law and miscellaneous provisions survive termination.
Force majeure
Aether shall not be liable for any failure or delay in performance resulting from a force majeure event under applicable law, including: widespread network outages, large-scale cyberattacks, natural disasters, armed conflicts, government decisions.
Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Singapore, excluding its conflict-of-laws rules. Any dispute shall be submitted to the exclusive jurisdiction of the courts of Singapore.
EU consumers: notwithstanding the above, if you are a consumer residing in the European Union, you benefit from the mandatory provisions of the law of your country of residence and may bring an action before the courts of that country pursuant to Regulation (EU) No. 1215/2012 (Brussels I bis). The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr.
US consumers: nothing in these Terms is intended to limit any consumer rights you may have under the law of your state of residence.
Changes
Aether reserves the right to amend these Terms at any time. The applicable version is the one in force at the date of your purchase or use. In case of material changes, active users will be informed by email or in-app notification at least 30 days before the changes take effect.
Miscellaneous
Entire agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and Aether regarding the Application.
Severability: if any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No waiver: Aether's failure to exercise any right shall not constitute a waiver of that right.
Assignment: you may not assign your rights without Aether's prior written consent. Aether may freely assign these Terms in connection with a restructuring, merger or asset sale.
Language: the French version of these Terms prevails. Any translation is provided for informational purposes only.
Contact
For any question regarding these Terms:
- Legal email: legal@oxygene-app.com
- Support: support@oxygene-app.com
- Mail: Aether Innovations Pte. Ltd., 2 Venture Drive #19-21, Vision Exchange, Singapore