Terms of Service

1. Agreeing to these Terms

These Terms of Service ("Terms") are an agreement between you and Fabrication ("Fabrication," "we," "us" or "our"). They apply to your use of creator.fabrication.live (the "Site"), your account, and the Fabrication software, including any beta, pre-release or test version and any updates to it (the "Software"). The Site, your account and the Software are together the "Services."

By creating an account, or by downloading, installing or using the Software, you agree to these Terms and to our Privacy notice. If you don't agree, don't use the Services.

You must be at least 18 years old, or the age of majority where you live, to use the Services. If you use them on behalf of an organization, you confirm that you're authorized to accept these Terms for it.

2. The beta

The Software is pre-release software. It is unfinished, may contain errors, and may not work as described or as expected. Features may change, be added or be removed at any time, without notice.

You may keep running the Software you downloaded during the beta under the license in section 3, including after the beta ends. However, we don't promise, and nothing in these Terms or on the Site is a promise, that:

• the Software will be supported, maintained, fixed or updated during or after the beta;
• the Services will remain available, or that downloads, updates, accounts or the Site will continue to be offered;
• a final or commercial version of the Software will be released, or released with any particular features, price or terms; or
• Fabrication, as a business, will launch or continue to operate.

Statements about future plans, features or platforms — on the Site, in the Software or elsewhere — describe current intentions only. They may change, and you should not rely on them in deciding to use the Services.

3. Your license to use the Software

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software, in object-code form only, on Mac computers that you own or control, for your own creative work. This license continues for the copies you have downloaded until it ends under section 13. We and our licensors keep all rights not expressly granted to you, and all rights, title and interest in the Services, including the Software, its design and its code.

4. What you may not do

You agree not to, and not to help or allow anyone else to:

• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, structure, algorithms or file formats of the Software, except to the extent applicable law expressly permits it despite this restriction;
• modify, adapt, translate or create derivative works of the Software;
• access, probe, scan or test the vulnerability of the Services, our servers or networks, or attempt to gain unauthorized access to any of them or to any account, data or system, by hacking, password guessing or any other means;
• maliciously interfere with the Services — including by introducing viruses, malware or other harmful code, overloading or disrupting our servers, or circumventing or disabling any security, authentication, update or usage-limiting feature;
• copy, distribute, sell, rent, lend, sublicense or otherwise make the Software or its installers available to anyone else;
• share your account, create accounts by automated means or under false pretenses, or use another person's account;
• remove or alter any notices of ownership, copyright or trademark in the Software;
• use the Services to build or train a competing product or service; or
• use the Services in violation of any law, or to infringe anyone else's rights.

5. Your work

You own what you write and create with the Software ("Your Content"). We don't claim any rights in it. The Software keeps your projects on your own computer; during the beta, we don't receive or store Your Content, and we don't use it to train artificial intelligence. You are responsible for Your Content and for having the rights to anything you put into it.

6. Your data, backups and saving

You are solely responsible for keeping your own backups of Your Content. Pre-release software can lose, corrupt or fail to save data. The Software's features for saving, revisions and producing PDF files — including the PDFs saved with each revision — are conveniences. They are not a backup service, and they may fail, be incomplete, or not represent your work accurately.

To the fullest extent permitted by law, Fabrication is not liable for any loss, corruption or unavailability of Your Content or other data, for any failure of the Software to save your work, or for any failure, error or omission in any PDF or other file the Software produces, however caused.

7. Compatibility and updates

The Software is made for the versions of macOS and the Mac hardware it was built for. We don't guarantee that the Software will work, or continue to work, on future versions of macOS, on other hardware, or alongside other software, and we have no obligation to update it so that it does.

While we offer updates, the Software checks for them automatically and may download them in the background; it asks before installing, or installs when you quit. These Terms apply to updates as they do to the Software.

8. Other services you connect

Some features let you connect services that others provide, such as an image-generation account of your own. Those services are governed by their own terms and privacy policies, between you and their providers. Fabrication doesn't own or control them, isn't paid for your use of them, and isn't responsible for them, for what they produce, or for what you send them.

The Software includes open-source components, which are licensed to you under their own licenses. Nothing in these Terms limits your rights under those licenses.

9. Your account

Give accurate information when you create your account, and keep your password secure. You are responsible for what's done with your account. Tell us promptly through the feedback page if you think someone else has used it.

10. Feedback

We welcome your feedback, suggestions and ideas about the Services ("Feedback"). If you send us Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose, without any obligation or payment to you. This doesn't give us any rights in Your Content.

11. No warranties

The Services, including the Software, are provided "as is" and "as available," with all faults and without warranties of any kind. To the fullest extent permitted by law, Fabrication disclaims all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We don't warrant that the Services will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any content or data will be preserved or saved.

12. Limits on our liability

To the fullest extent permitted by law, Fabrication will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, work, profits, revenue, goodwill or opportunity, arising out of or relating to these Terms or the Services, whether in contract, tort (including negligence), strict liability or otherwise, even if we were told such damages were possible. Our total liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of the amount you paid us for the Services in the twelve months before the claim, or fifty U.S. dollars (US$50).

Some places don't allow some of these exclusions or limits, so some may not apply to you. They apply to the fullest extent the law where you live allows.

13. Ending this agreement

You can stop using the Services at any time, and delete your account from your account page. We may suspend or end your account or access to the Services at any time, for any reason, including if you break these Terms; we'll try to tell you when we reasonably can.

If your account or the beta ends, you may keep using the copies of the Software you downloaded under section 3, unless we end your license because you broke these Terms, in which case you must stop using the Software and delete it. Sections 4 through 6, 8, and 10 through 15 continue to apply after this agreement ends.

14. You're responsible for your use

You agree to defend, indemnify and hold harmless Fabrication from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Services, or Your Content. Any work produced using the software is your own and Fabrication is not responsible for the content of said work. You agree that you won't use Fabrication to produce plagiarized work and agree to indemnify us in the case that any work produced using the software is subject to any legal proceedings based on its contents.

15. General

Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in California, and you and we consent to their jurisdiction.

Changes. We may update these Terms. If a change is significant, we'll tell you — on the Site, by email, or by asking you to agree again — before it takes effect. Using the Services after an update takes effect means you accept the updated Terms.

The whole agreement. These Terms and the Privacy notice are the entire agreement between you and Fabrication about the Services. If any part of these Terms can't be enforced, the rest still applies. Our not enforcing a part of these Terms isn't a waiver of it. You may not transfer these Terms or your rights under them; we may transfer them, for example in a reorganization or sale of our business.

Contact. Questions about these Terms, and any notices, can be sent to us through the feedback page.