End User License Agreement

Agreement

This End User License Agreement (“EULA”) is a legal agreement between you (“User”) and Lometics GmbH, Gaiserau 39, 9056 Gais, Switzerland (“Licensor”), for the use of any desktop application published by Lometics GmbH, including Themia, Gloomia and tabls (each the “Software”). By installing or using the Software, you agree to this EULA.

The Software is distributed and sold through the Microsoft Store. This EULA applies in place of Microsoft’s Standard Application License Terms; Microsoft’s own Store terms still govern the purchase itself. Licence keys bought earlier on our websites remain valid under this EULA.

Grant of License

The Licensor grants you a non-exclusive, non-transferable license to install and use the Software on your personal devices, subject to the terms below.

• Free version: where the Software has a free version, you may use it at no cost, within the limits described on the Software’s website or store listing.
• Paid version: when you buy the Software or an upgrade (for example “Pro”), you are granted access to all features of the version you bought. One license is for one individual, across that person’s own devices.
• Perpetual: a paid license for a version does not expire. You may keep using the version you bought for as long as you like, without any recurring payment, and it remains valid even if the Licensor stops selling or updating the Software. The Licensor can only end it as described under Termination.

Versions and Updates

• Updates within the major version you bought (for example from 1.0 to 1.9) are free.
• A new major version (for example 2.0) that brings new features may be offered as a separate purchase. Buying it is your choice; your existing version keeps working either way.
• The Licensor may provide updates from time to time but is not obliged to provide updates indefinitely, and may end support for older versions. Ending support does not end your license.

Restrictions

You shall not:

• Copy, modify or distribute the Software except as expressly permitted
• Reverse engineer, decompile or disassemble the Software, except where applicable law or the source license expressly permits it
• Rent, lease, lend, sell or sublicense the Software or your license
• Share your license with others, or use it on behalf of an organisation without a separate agreement
• Attempt to bypass or circumvent license verification
• Remove or alter any proprietary notices, labels or marks on the Software

Your Data

Content you create with the Software belongs to you. The Software stores it on your device wherever it can, in formats you can open and export, and the Licensor claims no rights to it. How the Software handles personal data is described in the Privacy Policy.

Source Code

Our software is source available: the source code of the Software is, or will be, published so that anyone can read it and check what it does. Use of the published source code is governed by the license stated in its repository (for Themia, the Elastic License 2.0). This EULA governs the use of the Software you install and the paid licenses you buy. Source availability does not make paid features free to use: unlocking or circumventing license verification is not permitted under either license.

Intellectual Property

The Software, including its code, design, graphics and documentation, is the intellectual property of the Licensor and is protected by copyright and other intellectual property laws. This EULA grants you a license to use the Software; it does not transfer ownership of the Software itself.

Third-Party Services

Some features may connect to third-party services you choose (for example Microsoft Graph for mail and calendar, or a weather data provider). Your use of these services is subject to their own terms and privacy policies. The Licensor is not responsible for the availability, accuracy or content of third-party services.

Disclaimer of Warranties

To the extent permitted by applicable law, the Software is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Statutory rights you have as a consumer are not affected.

Limitation of Liability

To the extent permitted by applicable law, the Licensor is not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, profits or revenue, arising out of or in connection with your use of the Software. The Licensor’s total liability is limited to the amount you paid for the Software. Liability for intent and gross negligence, and any liability that cannot be excluded by law, remains unaffected.

Termination

This EULA ends automatically if you materially breach it, for example by sharing or reselling your license or circumventing license verification. On termination you must stop using the Software and delete all copies. Termination is the only way a paid license ends.

Governing Law

This EULA is governed by the laws of Switzerland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the seat of the Licensor. If you are a consumer, the mandatory consumer protection rules and courts of your country of residence remain available to you.

Contact

Questions about this EULA: info@lometics.com.