TERMS AND CONDITIONS

Effective Date: January 30, 2025
Version: 1.0

These Terms and Conditions (“Terms”) govern your use of the Cunning Clipboard software application (“Application”, “Software”, or “Service”) developed and maintained by Cunning Software (“Company”, “we”, “us”, or “our”). By using the Application, you agree to be bound by these Terms.

1. ACCEPTANCE OF TERMS

By downloading, installing, or using the Cunning Clipboard application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, do not use the Application.

2. LICENSE GRANT

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Application for your personal or business purposes on any device you own or control.

3. PRIVACY AND DATA PROTECTION

3.1 Local Data Storage
All clipboard data, scratch pad items, and application settings are stored locally on your device. Despite the collaboration features available in the Application, NO DATA LEAVES YOUR PC unless you explicitly choose to share it through the collaboration mode.

3.2 Collaboration Mode
When using collaboration features:
– Data sharing occurs only between devices you explicitly authorize
– All shared data is end-to-end encrypted using AES-256-CBC encryption
– WebSocket connections are used solely for real-time synchronization between your authorized devices
– No clipboard data is stored on our servers
– Only authentication tokens and subscription status are transmitted to our servers

3.3 Data Collection
We collect minimal data necessary for:
– User authentication (email address only)
– Subscription management
– Application performance and error reporting (anonymized)

4. USER ACCOUNTS

4.1 Registration
To use certain features of the Application, you must register for an account using a valid email address. You agree to:
– Provide accurate and complete information
– Maintain the security of your account credentials
– Notify us immediately of any unauthorized use of your account
– Be responsible for all activities that occur under your account

4.2 Account Termination
We reserve the right to suspend or terminate your account if you violate these Terms or engage in any conduct that we determine is harmful to the Application or other users.

5. SUBSCRIPTION AND PAYMENTS

5.1 Subscription Plans
The Application offers different subscription tiers:
– Free Plan: Limited features
– Standard Plan: Enhanced features for individual users
– Pro Plan: Advanced features for power users

5.2 Payment Processing
All payments are processed securely through Paddle.com. We do not store or have access to your payment card information.

5.3 Refunds
Refund requests are handled according to our refund policy and applicable consumer protection laws in your jurisdiction.

6. ACCEPTABLE USE

You agree not to:
– Use the Application for any illegal or unauthorized purpose
– Attempt to reverse engineer, decompile, or disassemble the Application
– Interfere with or disrupt the Application’s functionality
– Use the Application to store or distribute malicious code
– Violate any applicable laws or regulations

7. INTELLECTUAL PROPERTY

7.1 Ownership
The Application, including its code, design, features, and documentation, is owned by Cunning Software and is protected by copyright and other intellectual property laws.

7.2 User Content
You retain ownership of any content you create or store using the Application. By using the Application, you grant us a limited license to process your content solely for the purpose of providing the Service to you.

8. THIRD-PARTY SERVICES

The Application may integrate with third-party services or libraries. Your use of such services is subject to their respective terms and conditions.

9. DISCLAIMERS

9.1 “As Is” Basis
THE APPLICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee
We do not guarantee that the Application will be error-free, uninterrupted, or free from harmful components.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUNNING SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Cunning Software, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Application or violation of these Terms.

12. PLATFORM-SPECIFIC TERMS

12.1 Windows
When using the Application on Windows, you acknowledge that certain features may require administrative privileges and that the Application may interact with Windows clipboard APIs.

12.2 macOS
When using the Application on macOS, you may need to grant accessibility permissions for full functionality. The Application complies with Apple’s sandboxing requirements where applicable.

12.3 Linux
Linux users acknowledge that functionality may vary depending on the distribution and desktop environment. X11 or Wayland clipboard access may be required.

13. UPDATES AND MODIFICATIONS

13.1 Application Updates
We may update the Application from time to time. While we strive to maintain backward compatibility, some updates may require you to take action to continue using certain features.

13.2 Terms Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes through the Application or via email. Your continued use of the Application after such modifications constitutes acceptance of the updated Terms.

14. TERMINATION

These Terms remain in effect until terminated. You may terminate by discontinuing use and uninstalling the Application. We may terminate or suspend your access immediately, without prior notice, if you breach these Terms.

15. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

16. DISPUTE RESOLUTION

Any disputes arising from these Terms or your use of the Application shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.

17. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and End User License Agreement (EULA), constitute the entire agreement between you and Cunning Software regarding the use of the Application.

19. CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us at:

Cunning GmbH
Email: support@cunning.biz
Website: https://cunning.biz

20. ACCESSIBILITY

We are committed to making our Application accessible to all users. If you encounter any accessibility issues, please contact us so we can address them promptly.

21. CHILDREN’S PRIVACY

The Application is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13.

22. EXPORT COMPLIANCE

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

23. ACKNOWLEDGMENT

BY USING THE CUNNING CLIPBOARD APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.