The numbered sections below are the agreement. They apply to every Cutvey app.
Schedule A is a table of the apps this agreement covers. After it come short per-app schedules (A-1, A-2, and so on) that add only the facts that differ for that app: what it can do, what it can reach on your device, how it is sold, and any extra risk you should know about.
If a per-app schedule conflicts with the numbered sections, the per-app schedule wins for that app only. A schedule can never remove a right this Agreement gives you, and can never remove a right the law gives you. Where a schedule appears to do either, the numbered sections apply.
Schedule B is the model withdrawal form for consumers who buy an App directly from Cutvey.
New Cutvey apps are added by adding a new schedule, and a new app store is added by adding one numbered section for that store's required terms. The rest of the numbered sections do not change when either happens.
This Cutvey App License Agreement (this "Agreement") is a contract between you, either an individual or a single business entity ("you"), and Cutvey LLC ("Cutvey", "we", "us").
It governs your use of any Cutvey software application listed in Schedule A, including its executable code, bundled resources, on-screen content, and documentation (each an "App").
Cutvey sells software. If Cutvey ever sells a physical product, it will be sold under separate terms published with it, and neither this Agreement nor the Cutvey Terms of Service governs it.
How you accept it. The first time an App runs, before it offers you any way to unlock it, it shows you a screen naming this Agreement and the Cutvey Privacy Policy, with a link to each, and a button you have to press to go on. You accept this Agreement by pressing that button. The App records which version you accepted and the date, on the device. If you do not accept, the App does not unlock and you should delete it.
Apps you download directly from Cutvey ask you to accept in the same way at installation or first launch, and again with a separate tick box at checkout before you pay.
Continuing to use an App you have already accepted this Agreement for is not, on its own, acceptance of a different version. Section 29 says how a new version reaches you.
Where you got the App matters.
Age. You must be at least 13 years old to use an App, or older where the law where you live sets a higher age at which you can agree to a service like this one on your own. In the European Economic Area that age is usually 16, and some countries have lowered it. In the United Kingdom it is 13. If you are under 18, a parent or guardian must accept this Agreement for you. If you sign in with a Cutvey account, you must be 18 or older, because the Cutvey subscription service is a business product for adults. No App is in a store's children's category, and no App is directed at children.
Business use. If you accept this Agreement for a company, you confirm you have authority to bind that company, and "you" means that company.
Subject to your compliance with this Agreement and to your having a current unlock under Section 3, Cutvey grants you a personal, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App:
in each case for your own professional or personal purposes.
The App is licensed, not sold. Cutvey and its licensors keep every right not expressly granted here.
Most Cutvey apps are free to download and locked until you unlock them, and offer the paths below. Where an App has no in-app purchase of its own, its schedule says so and says what unlocks it instead. The locked screen offers:
If an App offers any other way to unlock, such as a promotional code the store issues, its schedule says so. No App sells or advertises the Cutvey web subscription, and Cutvey does not issue license keys, serial numbers, or activation codes for Apps distributed through a platform store.
No App contains a purchase path other than the one the platform's rules allow. Where a platform's rules permit an external purchase link, an App may offer one and its schedule will say so. Otherwise an App shows no price of, link to, or invitation to buy anything sold outside that store, including a Cutvey membership or a direct-download App license. No App sells the Cutvey web subscription in any case. Where an App is unlocked by something you already bought elsewhere, the App only checks whether you have it.
If you have both. If you both bought the App from Apple and have a Cutvey membership, the Apple purchase controls. It is permanent, it survives your membership ending, and it does not consume a workspace activation. You will not be charged twice, and Cutvey will not release your activation without asking you, but you may free it yourself in your workspace settings at any time.
Order of priority. The App decides your access in this order: Apple lifetime purchase first, then an active Cutvey membership activation, then locked.
Where a platform offers a single purchase covering several of its device types, Cutvey uses it, and never charges again for another device type of the same App on that platform. On Apple's App Store that is Universal Purchase: one purchase covers every Apple platform version of that App that Cutvey publishes, for the Apple Account that bought it. Each App's schedule names the platforms its store record covers today.
Family or household sharing is turned off on every platform where Cutvey can turn it off, including Apple's Family Sharing. A purchase unlocks the App for the buyer's store account only. Where a platform enables sharing by default and Cutvey cannot disable it, the App's schedule says so. If your household needs more than one unlock, each person buys their own, or the workspace assigns each person an activation.
Each App is a separate product with a separate price. Buying one Cutvey app does not unlock another.
Apple's App Store is the only platform store Cutvey publishes to today, so this section is written for it and calls the purchase an Apple lifetime purchase. Where Cutvey publishes an App to another store, this section applies to a purchase there in the same way, reading that store, that store account, and that store's rules for Apple's, and the numbered section carrying that store's required terms for Section 27.
An Apple lifetime purchase is permanent for the Apple Account that made it. It survives your Cutvey membership ending, a change of employer, and a change of device, as long as you sign in to the App Store with the same Apple Account.
The purchase is checked on your device, and nothing about it is sent to Cutvey. The App asks the store on the device whether your store account owns the purchase, and unlocks on the answer. Cutvey receives no receipt, no identifier, no email address, and no record that you bought anything, and Cutvey creates no account for you. If you never sign in with Cutvey, Cutvey holds nothing about you at all beyond the optional usage data and crash reports described in Section 12, which follow that section whatever way you unlocked the App and which carry no account details.
Cutvey does not revoke an Apple lifetime purchase. Cutvey may lock an App bought that way only where the purchase was reversed, refunded, or charged back, where the entitlement was obtained by fraud, or where you circumvent the App's licensing mechanism contrary to restriction 5 in Section 13, and in each case only for as long as that is true.
An Apple lifetime purchase does not cover:
If a store removes an App. If Apple or another platform owner removes an App from its store for a reason that is Cutvey's fault, Cutvey will treat it as an end of life under Section 9, and Section 8's refund applies to any purchase you made directly from Cutvey for that App. Refunds for a store purchase remain the store's.
Apple, not Cutvey, is the merchant of record for in-app purchases. Refunds, receipts, and billing questions for an Apple purchase are solely Apple's, decided under Apple's own rules. Cutvey does not process, approve, decline, or reverse an Apple refund, and cannot make Apple give you one. Section 27, paragraph 4 describes the refund Apple will make if an App fails to conform to a warranty, and nothing here limits it.
If you unlock an App by signing in with Cutvey, the following applies.
Activations come from the workspace. A Cutvey workspace membership includes a number of app activations set by its plan. The current number for each plan is shown on the Cutvey pricing page and in your workspace settings, and is part of your subscription terms rather than of this Agreement. An activation is consumed per App and per license unit. The license unit is one person for Apps sold through a platform store, and is whatever the App's schedule says where it is anything else, such as one computer.
If a workspace runs out of activations, the App tells you that no activation is available and offers you the Apple purchase. Freeing an activation and changing a workspace's plan are done by a workspace administrator in the Cutvey workspace settings on the web, never inside an App.
Devices per person. One activation covers a limited number of devices for the same person, shown in your workspace settings. Signing in on one more than that asks you to sign one out first. This is a technical limit on concurrent device records, not a right to more licenses.
Reassignment. A workspace administrator can release an activation from a person or a machine and assign it to another, for example when someone leaves or a computer is retired. Cutvey may limit how often an activation can be moved, to prevent one license being shared between several people. Passing an activation around a team so that more people than the plan allows can use the App at once is a breach of this Agreement.
Offline grace. After you sign in, the App holds a token that lets it keep working without a network connection for a period shown in the App, currently at least seven days. When it can reach Cutvey, it refreshes the token. If the token expires and the App still cannot reach Cutvey, the App locks until it can check in. Plan for this before traveling to a remote location, and if in doubt, launch the App while you still have a connection.
When a membership lapses. If the workspace membership is canceled, expires, or is suspended for non-payment, activations granted by it end. The App locks at its next successful check-in, or at the end of the offline grace window, whichever comes first. Locking never deletes your work: files and settings already on your device or in your iCloud stay where they are, and you keep the ability to open, export, or copy them out, subject to any App-specific limits in the App's schedule.
Activations are part of your membership, not a separate purchase. App activations are included with a Cutvey membership at no extra charge. If your membership ends, the activation ends with it, in the same way the rest of the membership does, and there is nothing separate to refund. Your work stays yours either way, as the paragraph above says. If you want an App to keep working whatever happens to your membership, an Apple lifetime purchase does that, and if you already have one it takes priority and costs you nothing further.
Revocation for abuse. Cutvey may suspend or revoke a membership activation if it is being used to get around the activation limits, if the account is being shared between people, or if the App is being used in breach of this Agreement. Where practical we will contact you first. An Apple lifetime purchase is not revoked by Cutvey, as Section 5 says. If we believe an Apple purchase is being abused we may disable the specific server-side feature being abused, and we may report the matter to Apple, who decides what happens to the purchase under Apple's own terms.
If you sign in with Cutvey, the App sends us your email address, the one-time code you were emailed, and a description of the device: its name, model, and operating system version, plus the App's identifier and version. We return an entitlement token that the App stores securely on the device.
We keep a record of each device you signed in on so you can see and remove it in your Cutvey workspace settings. Removing a device revokes its token. Signing out in the App does the same thing.
Cutvey does not use these tokens to reach into your device or read your files. How we handle this information is described in the Cutvey Privacy Policy.
In the App. You can sign out of an App at any time from its settings. Signing out revokes that device's entitlement token immediately, removes the device from your Cutvey account, and returns the App to its locked state. Nothing you created is deleted from your device or your iCloud when you sign out.
If you only bought the App from the store, you have no account with us. A store purchase is a transaction between you and the platform owner. The App checks the purchase on the device and sends us nothing about it. You give Cutvey no email address and no name, we create nothing for you, and there is no Cutvey account and no personal data of yours for us to delete. Deleting the App from your device is all there is to do.
If you sign in with Cutvey. A Cutvey account is a seat in a Cutvey workspace. It is created on the web, by you or by a workspace administrator, never inside an App. Because no App creates an account, no App has an account to delete, and no App contains a "Delete account" control. Deleting your account is done in the same one place it has always been done: your Cutvey account settings on the web.
Every App carries a "Manage your Cutvey account" link in its settings. It opens the security page of your Cutvey settings on the web, which is where account and workspace deletion live. What you find there depends on your role, and this is the accurate description of it:
You can also email [email protected], whatever your role. The Cutvey Terms of Service and the Cutvey Privacy Policy say what deletion covers and how long anything is kept. We will never refuse a deletion request because it came by email rather than through an App.
What deleting your account does to an App. When your seat or workspace is deleted, every membership activation it granted ends, and any App unlocked by one of them locks at its next check-in or at the end of the offline grace window in Section 6. A platform lifetime purchase is unaffected: it is a purchase from the store, tied to your store account and not to your Cutvey account, and the App keeps working. Deleting your Cutvey account never deletes anything on your device, in your Photos library, or in your own iCloud. Only you can delete those.
What we keep. After deletion Cutvey keeps only what the Cutvey Privacy Policy says it keeps, for the periods stated there. Anonymous usage records and crash reports are not tied to your account and are not affected by deleting it.
Apple in-app purchases. Apple handles billing, payment methods, taxes, and refunds for every in-app purchase. Your purchase is a transaction between you and Apple under Apple's terms. Refunds are entirely Apple's decision under Apple's own rules. Cutvey cannot see your payment details, cannot issue an Apple refund, and cannot reverse one. Ask Apple for a refund through the App Store's own request process. Section 27, paragraph 4 describes the refund Apple will make if an App fails to conform to a warranty, and nothing here limits it.
Direct purchases from Cutvey. Where Schedule A says an App is sold directly by Cutvey rather than through the App Store, Cutvey is the merchant of record and payments are processed by Stripe. The following applies to those purchases.
EU and UK right of withdrawal (digital content). If you are a consumer in the EU, the UK, or another country with an equivalent rule, you normally have 14 days to withdraw from a distance contract. Because an App is digital content supplied immediately, at checkout you are asked to (a) expressly request that supply begin at once and (b) acknowledge that you lose the right of withdrawal once supply has begun. If you do not give both, we will not begin supply until the 14 days have passed, and you can withdraw during that period for a full refund. If you did give both and supply has begun, the withdrawal right is lost, as EU and UK law allow. Before you buy, we give you the withdrawal information and the model withdrawal form in Schedule B, and we repeat both in your receipt. We confirm both statements back to you in your purchase receipt email, so you have a durable record of what you agreed to and when supply began. Each yearly renewal continues the same supply you already consented to and does not start a new withdrawal period; we remind you before every renewal and you can cancel at any time before one. None of this affects your rights if the App is faulty or not as described.
Cutvey releases updates, bug fixes, and new versions of an App. For each App we state a support period on its product page and in its schedule, and during that period we provide the security updates needed to handle known vulnerabilities, free of charge and without changing your unlock. Outside the support period we may still release an update but do not undertake to. Any release is governed by this Agreement unless it comes with its own license terms, in which case those terms govern that release.
Reporting a vulnerability. Email [email protected] with SECURITY in the subject line. Our rules for reporting, and what you can expect from us, are published with the Cutvey Acceptable Use Policy. Good faith research that follows them will not lead to enforcement action by us against you, and Section 13 says so as a term of this Agreement.
Some updates are required. Cutvey may make an update mandatory where an older version is insecure, no longer works with the operating system, or no longer works with Cutvey's servers. If you do not install a required update, some or all of the App may stop working. A required update is always free, and your unlock carries over to it.
Update checks. Direct download apps check a Cutvey-operated HTTPS endpoint for a newer version. The update feed and the downloads it points to are cryptographically signed, and the App verifies the signature before installing. The check transmits no personal data and no user content. Apps from a platform store update through that store.
Where a direct download app comes from, and automatic updates. We distribute direct download apps only from the website named in the App's schedule, and only as a disk image signed with our Apple Developer ID and notarized by Apple. A copy from anywhere else is not ours, we do not support it, and we make no promise about it. By installing a direct download app you agree that it may check for, download, and install updates automatically. Each update fixes defects, adds features, or closes a security hole, and we describe it in the release notes. You can turn automatic installation off in the App's settings, in which case the App tells you when an update is available. We never install anything that collects information from your computer or changes how it behaves without telling you first.
Support. Support is provided at Cutvey's discretion, in English, at [email protected]. We try to answer everyone and we do not promise a response time unless we have agreed one with you in writing.
Operating system support. An App supports the operating system versions named on its product page or in its schedule. Apple and other platform owners may change or remove platform features, and an App may lose a feature as a result.
End of life. Cutvey may stop selling, updating, or supporting an App. If we do, we will give at least 90 days' notice by email to the address on your Cutvey account, or in the App, or on the App's website. Where the App uses a Cutvey server for anything essential, we will keep that running for at least the notice period. After end of life, a copy you already installed keeps working for as long as it will, but is not maintained, and any part of it that depends on a Cutvey server may stop. If you had paid for a term that runs past the end of life, Section 8 refunds the unused part.
A purchased unlock outlives our servers. Where an App needs a Cutvey server to unlock or to stay unlocked, we will, before that server stops, either extend the offline grace period indefinitely or ship a final version that does not need the check. A permanent unlock you paid for does not die with an endpoint.
We want every Cutvey app to be usable by people with disabilities. We build our apps to work with the accessibility features of the operating system, including screen readers, larger text, and increased contrast, and we treat an accessibility defect as a defect like any other.
What we commit to. We are working toward conformance with the Web Content Accessibility Guidelines version 2.1, level AA, and their platform equivalents, and we design and test with them in mind. We have not obtained a third-party accessibility audit, certification, or conformance statement, and we do not claim a conformance level we have not tested. What we claim is what this section says.
Tell us about a barrier. Email [email protected] with ACCESS in the subject line, describing what you were trying to do, what stopped you, and what assistive technology you use. We acknowledge within 5 business days and tell you what we are going to do and when. If we cannot fix something quickly, we will offer you another way to do it.
If you are in the European Union, the European Accessibility Act (Directive (EU) 2019/882) as implemented where you live gives you the right to complain to your national enforcement authority and to bring the matter before your courts. Contacting us first costs you none of those rights.
You own the media, documents, scripts, readings, measurements, exports, reports, logs, and any other content you create with or process through an App ("Your Content"). Cutvey claims no ownership of it.
Apps run on your device. Your Content is stored on the device, or in your own iCloud, or wherever else you tell the App to put it. Cutvey does not receive Your Content unless a feature you use sends it to us, and each App's schedule says whether any feature does. Where you configure an App to send content to a destination you chose, such as your own storage bucket or a webhook, that transfer goes to a place you control. It is governed by your agreement with that provider, not by this Agreement.
You are responsible for having the rights you need in Your Content, including any permission needed to record or photograph people or places.
Syncing with your Cutvey account. An App may sync with your Cutvey account when you sign in. Where it does, it can read content from the workspace you have access to, and can write content back to it, so that what you do in the App appears in your Cutvey workspace and what is in the workspace appears in the App. Each App's schedule says whether it syncs today and what it syncs. This is content you asked to move. Once it reaches a Cutvey workspace it is held under the Cutvey Terms of Service and, where Cutvey acts as a processor for a business customer, under the Cutvey Data Processing Addendum, and other people with access to that workspace may be able to see it. If you do not sign in, no App sends Your Content to Cutvey except through a destination you configure yourself.
Cutvey apps can store your content in your own iCloud account using Apple's CloudKit private database, so your own data follows you between your devices. Each App's schedule says whether it does. If you turn that on:
Treat iCloud sync as a convenience, not a backup. Keep your own copies of anything you cannot lose.
Where an App runs on a platform without iCloud, its schedule names the sync mechanism it uses instead, or says it has none. This section then applies to that mechanism in the same way, reading the platform owner's account and terms for Apple's.
Cutvey collects product usage information from its Apps so we know which features are used and where to spend development time. This covers which features are opened, how often, performance figures, crashes, device model class, operating system version, App version, and coarse country.
Required service data has no switch. Every App sends the minimum needed to provide what you bought and keep the software honest: license and activation checks, update checks, the App and system version, abuse and fraud prevention, and whatever a feature you use needs (for example syncing with your Cutvey account when you sign in). It carries no usage statistics and no crash reports.
Optional usage data and crash reports: on where the law allows, asked where it does not. Where the law where you are allows it, optional usage data and crash reports are on by default. In the European Economic Area, the United Kingdom, Switzerland, and any other place whose law requires your agreement before an App reads or stores this kind of information on your device, the App asks you on first run and sends nothing until you say yes. Saying no costs you nothing: the App works exactly the same either way.
The switch does what it says. Every App has one switch in its Settings for optional usage data and crash reports (some Apps collect crash reports only; the App's row in Schedule A says which). Off means the App sends no usage statistics and no crash reports from that moment, wherever you are. It does not turn off required service data, and the screen says so.
What is anonymous. Usage data carries no name, email address, account id or workspace id, and we do not try to link it to you.
Identified usage is limited. We tie usage to your account only where we need to, in order to run the service, meter what your plan allows, enforce activation limits, detect abuse, or bill you, or where you have expressly opted in to something more in the App's settings. You can withdraw such an opt-in at any time there.
Crash reports. Every Cutvey app can send a crash report after a failure, so we can find and fix the defect. A report is technical only: the App version, the operating system version, the device model, the stack trace, free memory, and the operation that was running when the failure happened.
A crash report carries no footage, no scripts, no readings, and no Cutvey account details. Where diagnostics contain a file path, everything under your home folder and everything under a mounted volume, including the volume's name, is removed before the report is sent; only the system paths needed to identify the fault remain. Reports are designed and filtered so that they do not contain your content or your personal data. We cannot guarantee that nothing personal ever appears in the text of an error message, and where a report does contain personal data we treat it as personal data and handle it under the Cutvey Privacy Policy.
Usage data and crash reports travel to us over an encrypted connection (TLS), to an endpoint we operate, and are stored on the same infrastructure as the rest of our systems.
Where crash reports go. A crash report goes to the crash-reporting provider named on the Cutvey subprocessor list and, where an App supports it, to servers Cutvey operates. Today the provider is Functional Software, Inc., trading as Sentry, on servers in the United States, acting as Cutvey's service provider. Every crash-reporting provider is named on the Cutvey subprocessor list before it receives a report, so a change of provider updates that list rather than this Agreement. Reports are used only to diagnose and fix defects, are kept only as long as needed for that, and are never sold, shared for advertising, or used to identify you.
Crash reporting follows the same rule as optional usage data above: on by default where the law allows, asked on first run where it does not, and you can turn it off at any time in the App's settings. The App honors that choice from that moment on.
Apple's own crash sharing is separate. Apple's operating systems can also send crash and analytics data to Apple and share some of it with developers. That is Apple's feature, controlled by you in the iOS or macOS privacy settings, under Apple's terms, not Cutvey's. Turning off Cutvey's crash reporting does not turn off Apple's, and turning off Apple's does not turn off Cutvey's.
What we never do. No ads. No third-party advertising or tracking SDKs in any App. No sale of personal data. No sharing with data brokers or ad networks. No cross-app or cross-site tracking. Cutvey's apps do not ask for permission to track you across other companies' apps and websites, because they do not do it. If that ever changes for an App, that App will ask you first, as Apple requires, and its schedule will say so.
Biometrics. No Cutvey product sends a biometric identifier, or face or hand geometry, to Cutvey, and no Cutvey product stores a biometric template. Where an App detects a face, a hand, or a body on the device, for example to frame a shot or to place an overlay, that detection happens on the device, is used for that moment only, and is not retained. Where you unlock an App or a stored credential with your platform's own biometric feature, the platform performs the check and tells the App yes or no; the App never receives your fingerprint or face data.
The Cutvey Privacy Policy describes how we handle personal data in more detail. Where the two describe the same thing about an App, this Section 12 is the contractual term and the Privacy Policy is the fuller explanation.
Some Apps can draft, summarize, extract, or reorganize text or data for you. Where an App has such a feature, its schedule says so and this section governs it.
Except where a restriction below is prohibited by applicable law, or is expressly permitted for a third-party component under Section 14, you may not:
Restrictions 1 to 5 apply to bundled proprietary third-party runtimes exactly as they apply to the rest of the App. Cutvey grants you no right in any such component that Cutvey does not itself hold, and no right to use it except as an integral part of the App. This paragraph does not apply to open-source components, whose own license controls, see Section 14.
Rights you cannot waive. Restrictions 2, 3, and 5 do not apply where the law where you live gives you a right you cannot waive, including the rights to observe, study and test an App, and to decompile it so far as necessary to make it work with other software, under Articles 5(3) and 6 of Directive 2009/24/EC and equivalent laws. Restriction 5 also does not apply to the steps described in Section 14 for substituting an open-source component.
Security research. Restrictions 3 and 5 do not apply to good faith security research on an App that follows the security research rules in the Cutvey Acceptable Use Policy, and that policy's safe harbor applies to the Apps as it applies to the Cutvey service. Research that follows those rules is authorized by us for the purposes of the Computer Fraud and Abuse Act, Florida Statutes chapter 815, and section 1201 of the Copyright Act, and we will not bring or support a claim against you for it. If you are unsure whether something is in scope, ask first at [email protected] with SECURITY in the subject line.
Apps include or interoperate with materials owned by third parties. This section governs those materials and prevails over any conflicting term of this Agreement.
Notices file. Each App ships a notices file that lists every third-party component in it, with the applicable license text and, for any open-source binary Cutvey builds itself, the configuration it was built with. Schedule A names the file and where to find it for each App. You can also request it at [email protected]. That file is incorporated into this Agreement by reference, and may be updated with each release of the App without a new version of this Agreement.
Open-source components. Where a component is licensed under an open-source license, that license governs your rights in the component. Nothing in this Agreement limits, restricts, or conditions any right that license grants you, including any right to obtain corresponding source code, to modify the component, and to substitute your own build. Where this Agreement and an open-source license conflict as to that component, the open-source license controls, and the restrictions in Section 13 do not apply to it.
Substituting an open-source component. You may replace an open-source component that ships inside an App with your own build of it, and you may re-sign or re-package the application afterwards where your operating system requires it, as macOS does. Section 13, and in particular restriction 5, does not prohibit either step. An App you have modified this way is not supported by Cutvey, carries no warranty, and may not be redistributed. The App's notices file gives the instructions and the exact command as tested for that release.
Written offer for source. For any open-source component in an App whose license entitles you to the corresponding source code, we will give you that source, for the version you have, for at least three years after we last distributed that version. Ask at [email protected] with the App name and version. We provide it by download at no charge, or on physical media at the cost of the media if you prefer.
Reference data. Some Apps ship reference data, such as camera, sensor, and lens specifications, color and gel tables, and astronomical figures. That data is compiled by Cutvey from published manufacturer specifications and public sources, or licensed from its owner, and each App's notices file says which. It is provided for the App's own calculations, and it is an estimate in the same way Section 15 describes. You may not extract it, republish it, or use it to build a competing dataset.
Third-party names and formats. Apps read, write, and report on formats and devices made by third parties. All third-party product names, company names, trademarks, logos, file formats, and intellectual property are the property of their owners. References to them are for identification, interoperability, and description only, and do not indicate or claim any affiliation with, sponsorship by, endorsement by, or partnership with those owners.
Terms required by the owners of bundled components. Where the owner of a component bundled in an App requires Cutvey to pass specific terms or notices down to you, those terms are reproduced in the App's schedule or in its notices file, and they apply to your use of the App to the extent it uses that component.
Third-party software you need separately. If you need any other software, SDK, codec, firmware, or plug-in from a third party in order to use an App, or to work with the media it handles, you must obtain a license for it from its owner and comply with that owner's terms. Cutvey grants no right in it.
Several Cutvey apps measure, estimate, simulate, or time things. Read this before you rely on one.
Color temperature and illuminance readings, sun position and golden hour times, exposure suggestions, lens and field-of-view simulations, frame line overlays, timecode and duration estimates, teleprompter scroll timing, and transfer speed and time estimates are all approximations produced by consumer hardware and software. Their accuracy depends on your device's sensors and camera, its calibration, the ambient conditions, the data available to the App, and the assumptions the App makes. Cutvey does not calibrate your device and makes no representation that any figure an App displays matches a dedicated professional instrument or a laboratory reference.
You must not use any Cutvey app as the source of a measurement, position, time, or reading for:
For those uses, use a calibrated, certified instrument and a qualified professional. Cutvey's apps are creative tools for production work.
This section is also shown to you in the App. Each App that produces a figure labels it as an estimate on the screen where it appears, and links to this section from there.
Software fails. Hardware fails. Operating systems change. To the maximum extent permitted by law, and subject to Section 23, Cutvey is not liable for loss, corruption, deletion, or inaccessibility of any data, media, file, project, or setting. This does not limit Cutvey's liability for fraud or willful misconduct, or for gross negligence to the extent applicable law does not allow liability for it to be limited, and it does not take away any right you have under consumer law where you live.
You are responsible for keeping independent backups of anything you cannot lose, on separate physical devices, before and after using an App. No feature of any App, including verification, checksums, or sync, is a substitute for redundant copies you control.
Some Apps can permanently delete or overwrite data, including original camera media. Where an App can, its schedule sets out stronger and more specific terms, and those terms prevail over this section for that App.
If you believe an App destroyed your data, tell us at [email protected] and we will investigate it.
Apps are protected by copyright and other intellectual property laws. Cutvey and its licensors keep all right, title, and interest in and to each App, including all copies, modifications, and derivative works, and all intellectual property rights in them.
The Cutvey name and logo, the name of each App listed in Schedule A, and the artwork, icons, and interface designs of each App are the property of Cutvey LLC. This Agreement gives you no right to use them, except to say truthfully that you use the App.
If you send us an idea, suggestion, bug report, feature request, or other feedback about an App, you grant Cutvey a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use it for any purpose, without obligation or attribution to you. Do not send us anything you consider confidential or that you are not free to give us.
Cutvey may offer beta, preview, or TestFlight versions of an App. These are provided for evaluation only, are not finished, may be unstable, may lose data, and may be withdrawn at any time.
Before a beta version runs, it asks you to accept this Agreement and these beta terms, and records that you did. If you do not accept them, the beta does not run.
A beta version is provided as is, with no warranty and no support commitment. Do not use a beta version on a paying job or with irreplaceable media. Where a beta is offered through Apple TestFlight, Apple's TestFlight terms also apply. Unless we say otherwise in writing, information about an unreleased App or feature is confidential until we announce it.
Apps are subject to United States export control law, including the Export Administration Regulations, and to trade and economic sanctions administered by the US Office of Foreign Assets Control and by other authorities.
Classification. Each App uses encryption only for authentication and for secure connections, and uses the encryption the operating system provides rather than implementing its own. Cutvey classifies each App as mass market encryption software under ECCN 5D992.c. No App is designed or marketed for any other cryptographic function, and no App is designed for a military, nuclear, chemical, biological, or missile technology purpose. Where an App ever ships a different cryptographic capability, its schedule states the classification for that App.
You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to a comprehensive US embargo, and that you are not on any US government restricted party list, including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List, or the Entity List. You agree not to use or export an App in breach of those laws, and not to use an App for any nuclear, chemical, biological weapons, or missile technology purpose.
We may screen, and we are not obliged to. We may screen an account, a purchaser, or a download against those lists, may block access from an embargoed country or region, and may suspend or terminate immediately and without refund where we believe in good faith that continuing would breach those laws. We are not required to screen, and our not doing so waives nothing.
Each App is "commercial computer software" and its documentation is "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. Any use, duplication, or disclosure by the United States Government is subject only to the rights granted to all other end users under this Agreement.
THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUTVEY AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THAT, CUTVEY DOES NOT WARRANT THAT AN APP WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, THAT IT WILL WORK WITH ANY PARTICULAR DEVICE, CAMERA, CARD, DRIVE, OR OPERATING SYSTEM VERSION, THAT IT WILL DETECT EVERY INSTANCE OF DATA CORRUPTION OR HARDWARE FAILURE, THAT ANY TRANSFER, VERIFICATION, CHECKSUM, MEASUREMENT, CALCULATION, OR SIMULATION WILL BE COMPLETE OR ACCURATE IN ALL CIRCUMSTANCES, OR THAT ANY ERASED OR MODIFIED DEVICE CAN BE RESTORED.
Some jurisdictions do not allow the exclusion of implied warranties or of statutory consumer guarantees, so some of the above may not apply to you. If you are a consumer, you may have legal rights that this Agreement cannot take away, including in the EU and UK the right to a conforming product, and in Australia rights under the Australian Consumer Law that cannot be excluded. Nothing here limits those rights.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUTVEY AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR:
That applies however the loss was caused and on any theory of liability, whether in contract, tort including negligence, strict liability, or otherwise, and whether or not Cutvey was advised of the possibility.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUTVEY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID CUTVEY OR THE PLATFORM STORE FOR THAT APP IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).
The US$100 figure is a floor, not a ceiling on what you paid. If you unlocked an App with a Cutvey membership activation rather than by paying for the App, you paid nothing for the App itself, so the floor of US$100 is your cap for that App. Liability for an App is capped per App. What you pay for the Cutvey subscription service is governed by the Cutvey Terms of Service and its own cap, which applies to claims about that service.
This limit does not apply to liability arising from Cutvey's fraud or fraudulent misrepresentation, from Cutvey's willful misconduct, from death or personal injury caused by negligence, or from anything else that cannot lawfully be limited. It does not apply to gross negligence to the extent applicable law does not allow liability for gross negligence to be limited, and where the law does allow it, the limit applies to gross negligence to the maximum extent permitted. The limit applies to a claim however it is characterized in law, including a claim framed as negligence, breach of statutory duty, or misrepresentation, except as this paragraph says.
THESE LIMITS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
You will defend, indemnify, and hold harmless Cutvey and its officers, members, employees, and agents from and against any claim, demand, loss, liability, and expense, including reasonable legal fees, arising out of or relating to:
This section does not apply to any claim to the extent it arises from a defect in an App, from Cutvey's negligence, or from Cutvey's breach of this Agreement. It also does not apply to a consumer to the extent the law where you live does not allow it.
This Agreement starts when you accept it under Section 1 and runs until terminated.
Cutvey may terminate this Agreement, or suspend or revoke a membership activation (subject to Sections 5 and 6), if you materially breach this Agreement, if we are required to by law, or if we end the App under Section 9. Where the breach can be put right, we will tell you what it is and give you at least 14 days to put it right before we terminate, unless the breach is a circumvention of the App's licensing mechanism under restriction 5 in Section 13, a breach of Section 20, or conduct that exposes Cutvey or another person to immediate legal or security risk.
You may end this Agreement at any time by deleting every copy of the App.
On termination you must stop using the App and delete every copy in your possession or control. Termination does not entitle you to a refund except where Section 8 or the law provides one, and does not affect a right an open-source license gives you under Section 14, which continues on its own terms.
Sections 5, 8, 9, 9A, 10, 11, 12, 12A, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 survive termination.
Read this section. It affects how any dispute between us is resolved.
26.1 Governing law. This Agreement is governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules, and by applicable United States federal law including the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer, this does not deprive you of the protection of mandatory consumer law in the country where you live.
26.2 Informal resolution first. Before starting an arbitration or a lawsuit, you and Cutvey each agree to try to resolve the dispute informally. Send a written notice of dispute by email to [email protected], with a copy by mail to Cutvey LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA, describing the dispute, what you want, and your contact details. Cutvey sends its notice to the email address on your account. Both sides will negotiate in good faith for 60 days from the date the notice is received. This step is a condition of starting arbitration, and any limitation period is paused while it runs.
26.3 Binding individual arbitration. This Section 26.3 does not apply to you if you are a consumer resident in the European Union, the United Kingdom, Australia, or Brazil. If you are, disputes go to the courts the law where you live gives you, and Sections 26.2 and 26.9 still apply.
For everyone else: if the dispute is not resolved informally, you and Cutvey agree to resolve it by binding individual arbitration rather than in court. The arbitration is administered by the American Arbitration Association, under whichever of its Consumer or Commercial Arbitration Rules applies, as modified by this section. It is seated in Orange County, Florida, before a single arbitrator, and hearings may be held by telephone or video, or, if you are a consumer and ask, in the county where you live.
Who decides what (delegation). You and Cutvey agree that an arbitrator, and not a court, decides every issue about this Section 26.3, including whether it applies to a particular dispute, what it means, and whether it is valid and enforceable in whole or in part. This is called a delegation provision and it is a separate agreement between us. If you want to challenge the delegation provision itself, you must say so specifically, and a court decides that specific challenge. A court, and not an arbitrator, decides the enforceability of the class action waiver in Section 26.6. Judgment on the award may be entered in any court of competent jurisdiction. The AAA's rules govern fees, and where they require Cutvey to pay the bulk of a consumer's filing and arbitrator fees, Cutvey will.
26.4 Your 30-day right to opt out. You may opt out of arbitration by emailing [email protected] with the subject "Arbitration Opt-Out", giving your name, the email address on your account, and a clear statement that you opt out. You have 30 days from the later of (a) the date you first accept this Agreement in an App, (b) the date of your first purchase or unlock, (c) the date we first notify you of a change to this Section 26, and (d) if you licensed an App under an earlier Cutvey agreement, the date of the notice described in Section 28. We will acknowledge your opt out by email within 5 business days and record it against your account; if you do not receive that acknowledgment, resend it or write to us at the postal address in Section 30, and a timely sent opt out is effective whether or not we acknowledge it. Opting out costs you nothing and changes nothing else in this Agreement. If you opt out, disputes go to the state or federal courts in Orange County, Florida, and both sides consent to that jurisdiction.
26.5 Small claims. Either of us may instead bring an individual claim in a small claims court that has jurisdiction, as long as the claim stays there and stays individual. Either of us may also seek injunctive or other equitable relief for actual or threatened infringement or misuse of intellectual property or confidential information in the state or federal courts located in Orange County, Florida, without first going through Sections 26.2 and 26.3.
26.6 Class action and jury waiver. YOU AND CUTVEY EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THAT CLAIM OR REQUEST (AND ONLY THAT ONE) IS SEVERED AND GOES TO THE COURTS NAMED IN SECTION 26.4, AND THE REST STAYS IN ARBITRATION.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CUTVEY EACH WAIVE ANY RIGHT TO A JURY TRIAL.
26.7 Mass arbitration protocol. This protocol applies only where Section 26.3 applies, and so never to a consumer resident in the European Union, the United Kingdom, Australia, or Brazil. If 25 or more demands for arbitration raising substantially the same claims against Cutvey are filed within a 90-day period and the AAA determines that its Supplementary Rules for Multiple Case Filings apply to them, those demands are treated as a mass filing and this protocol applies.
This protocol exists so that mass filings are heard on their merits at reasonable cost and without anyone waiting in a queue. It does not reduce anyone's substantive rights.
26.8 Consumer savings clause. Nothing in this Section 26 takes away a right you have under mandatory consumer law that cannot be waived. If you are a consumer in the European Union, the United Kingdom, Australia, Brazil, Canada, or anywhere else whose law gives you the right to bring proceedings in your local courts, or forbids a pre-dispute arbitration agreement or a class waiver, that law applies to you and this section applies only so far as that law permits.
The European Commission's online dispute resolution platform has closed. We are not committed to any alternative dispute resolution body and are not obliged to be. That does not affect your right to complain to your national consumer authority, to use any alternative dispute resolution body available to you where you live, or to go to the courts where you live.
26.9 Time limits. We do not shorten any limitation period the law gives you. Where the law of a jurisdiction permits parties to agree a shorter period, and you are not a consumer, any claim arising out of this Agreement must be brought within the shortest period that law permits, and in no event less than two years after it accrues. That does not apply to a claim governed by Florida law, or by any other law that makes a contractual shortening void or unenforceable. It also does not apply to a claim under a consumer protection statute, or to a claim for personal injury.
26.10 Survival. This Section 26 survives the end of this Agreement.
This section applies only to Apps you obtained from Apple's App Store. It is included because Apple's Minimum Terms for a developer's own EULA require it. Where it conflicts with anything else in this Agreement, this section wins.
Cutvey may update this Agreement. Every version carries a version number and an effective date at the top, and the current version is posted at https://cutvey.com/legal/app-license.
Adding a new App to Schedule A, or updating an App's schedule or notices file to match a new release, is not a change to the numbered sections and does not require a new version of this Agreement.
For a change to the numbered sections that materially affects your rights, we will tell you in the App or by email where we have your email address, at least 30 days before it takes effect. A material change to Section 22, 23, 24, or 26 does not apply to you unless you accept it in the App. If you do not accept such a change, the version of those sections you already accepted continues to govern your use of the App and any dispute about it, and we may in that case stop providing server-side features that depend on the change. For every other change, continuing to use an App after it takes effect means you accept it.
If you bought an App from a store and use it without a Cutvey account, we have no email address for you and the App does not call our servers, so a change is brought to you in the App itself. The release that carries the change asks you to accept it on first launch, in the same way Section 1 describes, and records your answer on the device. If you do not accept, the version you accepted continues to govern your use of the copy you have.
No change applies to a dispute that had already arisen, or for which a notice under Section 26.2 had already been sent, before the change took effect.
For direct download apps, the version of this Agreement that accompanies a release also governs that release.
Cutvey LLC 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA Principal place of business: Orlando, Florida, USA [email protected] is the one address for support, legal, privacy, and copyright https://cutvey.com
This table is part of this Agreement and may be updated when an App is added, renamed, repriced, or withdrawn, without a new version of the numbered sections.
| App | Platforms | Distribution | Price model | Where your content lives | Device permissions used | Analytics and crash reports | Notices file |
|---|---|---|---|---|---|---|---|
| Cutvey Offload | macOS | Direct download from cutveyoffload.com (notarized DMG). Not the App Store, so Section 27 does not apply | Per Mac: one Cutvey membership activation, or US$19.99 per Mac per year via Stripe, or US$199.99 per Mac once for a lifetime license (Schedule A-1.3), all non-refundable on the terms in Section 8 | On your Mac, in your own iCloud if you enable sync, in your Cutvey workspace if you sign in and sync, and on the destinations you configure | Full disk and removable media access, elevated privileges for the erase feature, network for destinations you configure, iCloud | Optional crash reports only, no usage data (on by default where the law allows, asked on first run where it does not, switch in Settings); crash reports go to the provider named in Section 12, plus Apple's separate crash sharing | THIRD-PARTY-NOTICES.txt, in Cutvey Offload.app/Contents/Resources/Licenses/ and in the Licenses folder on the disk image |
| Cutvey Offload for iOS | iPhone, iPad | App Store | Free with a Cutvey Offload license or a membership activation; no separate purchase | On the paired Mac; job status on the device and in your own iCloud | Local network to find the paired Mac, notifications, iCloud | Optional usage data and crash reports (on by default where the law allows, asked on first run where it does not, switch in Settings); crash reports go to the provider named in Section 12 and, where the App supports it, to Cutvey's servers, plus Apple's separate crash sharing | Notices file shipped in the app bundle; the exact name and path are confirmed at submission |
| Cutvey Meter | iPhone, iPad, Mac (Universal Purchase) | App Store | US$19.99 one-time in-app purchase, or one membership activation | On the device, in your own iCloud (CloudKit private database), and in your Cutvey workspace if a project feature ships and you sign in | Camera, location, motion sensors, iCloud | Optional usage data and crash reports (on by default where the law allows, asked on first run where it does not, switch in Settings); crash reports go to the provider named in Section 12 and, where the App supports it, to Cutvey's servers, plus Apple's separate crash sharing | Notices file shipped in the app bundle; the exact name and path are confirmed at submission |
| Cutvey Viewfinder | iPhone, iPad, Mac (Universal Purchase) | App Store | US$19.99 one-time in-app purchase, or one membership activation | On the device, in your own iCloud, your Photos library when you export, and your Cutvey workspace if you sign in and use a project feature | Camera, Photos (add only), iCloud | Optional usage data and crash reports (on by default where the law allows, asked on first run where it does not, switch in Settings); crash reports go to the provider named in Section 12 and, where the App supports it, to Cutvey's servers, plus Apple's separate crash sharing | Notices file shipped in the app bundle; the exact name and path are confirmed at submission |
| Cutvey Teleprompter | iPhone, iPad, Mac (Universal Purchase) | App Store | US$19.99 one-time in-app purchase, or one membership activation | On the device, in your own iCloud, and in your Cutvey workspace when you sign in and sync scripts with your projects | Microphone, only while voice-paced scrolling is turned on (optional, off by default, on-device only), iCloud, network for account sync | Optional usage data and crash reports (on by default where the law allows, asked on first run where it does not, switch in Settings); crash reports go to the provider named in Section 12 and, where the App supports it, to Cutvey's servers, plus Apple's separate crash sharing | Notices file shipped in the app bundle; the exact name and path are confirmed at submission |
Age. The minimum age for every App in this table is the age in Section 1: 13, or higher where the law where you live sets a higher digital consent age. Each App's store listing carries an age rating consistent with that minimum, and no App is in a children's category.
Support period. Cutvey provides security updates for each App in this table for five years from the release of the version you have, on the terms in Section 9, unless that App's schedule states a different period.
No App in this table creates a Cutvey account, so Section 7.1 applies to all of them unchanged: no App has a "Delete account" control, and each carries a "Manage your Cutvey account" link to the web settings where account and workspace deletion live, on the terms in Section 7.1.
The Cutvey companion app for the Cutvey subscription service (iPhone, iPad, Mac) is not covered by this Agreement. It is part of the Cutvey service and is governed by the Cutvey Terms of Service.
Platform: macOS. Distribution: direct download from cutveyoffload.com, signed and notarized by Apple. Not sold through the App Store, so Section 27 does not apply to it.
A-1.1 What it does. Cutvey Offload copies, moves, verifies, reports on, and can permanently erase camera media. It is a data integrity tool for the set and the DIT cart.
A-1.2 License unit. A license covers one Mac, because the workstation is the licensed resource. "One Mac" means one physical Apple computer, identified by the hardware identifier the App reads when it activates. It does not mean one person, one company, or one Apple Account: a person with two working Macs needs two licenses, and a company with five Macs needs five, however many people use them. A virtual machine counts as a Mac. The App may run on a Mac for any number of user accounts on that Mac.
A-1.3 Three ways to license a Mac. You choose one of the following for each Mac. All three unlock the same App with the same features; there is no feature tier.
A-1.3.1 What "lifetime" means. The lifetime license is perpetual for the licensed Mac and is not tied to the life of any person or company. In detail:
A-1.3.2 If Cutvey Offload reaches end of life. Section 9 applies: at least 90 days' notice, and a final version that does not need a Cutvey server to stay unlocked, so your installed copy keeps working on the Mac it is licensed to for as long as your system runs it. A lifetime license has no term to refund, so in place of the term refund in Section 8: if Cutvey ends the App within two years of your lifetime purchase, Cutvey refunds the purchase price reduced by one-twenty-fourth for each full month you had the license; after two years, no refund is owed. Cutvey does not treat a change of ownership, a rename that keeps the App going, or a successor product as an end of life of Cutvey Offload unless the App actually stops being distributed.
A-1.3.3 Moving a license to another Mac. You may move a yearly or lifetime license from one Mac to another, for example when you replace or retire a machine, by releasing it in your Cutvey account. A license is on one Mac at a time. Cutvey may limit how often a license moves, to stop one license covering two working machines, and may refuse a move that looks like sharing. A lifetime license may also be transferred, together with the Mac it is assigned to or on its own, to another person or company by asking Cutvey at [email protected]; Cutvey will reassign it to the new owner's Cutvey account once, at no charge, and the transferor loses it.
A-1.4 Backup, data loss, and the erase feature. READ THIS.
Cutvey Offload copies, moves, verifies, and can permanently delete or render inaccessible irreplaceable data, including original camera media. You acknowledge and agree that:
This paragraph A-1.4 prevails over Section 16 for Cutvey Offload.
A-1.5 Your content. The App runs locally on your Mac. Cutvey does not receive, collect, or transmit your media, metadata, manifests, reports, or logs, except where you explicitly configure the App to send data to a destination or service you have chosen, such as an object-storage bucket or a notification endpoint. Any such transmission goes to a destination you select and control, and is governed by your agreement with that provider.
Settings, presets, and job history can sync through your own iCloud (CloudKit private database) if you enable it, under Section 11. If you sign in with Cutvey, the App may also sync job records and delivery reports with your Cutvey workspace, under Section 10.
A-1.6 Third-party components.
A-1.6.1 FFmpeg. The App distributes the ffmpeg and ffprobe executables. They are distributed under the GNU Lesser General Public License, version 2.1 or later, as built, and the license that applies to the build shipped with your copy is stated for each binary in the App's notices file, together with the full license text and the exact configuration the binary was built with. They are not licensed to you under this Agreement.
Nothing in this Agreement limits, restricts, or conditions any right that license grants you, including your right to obtain the corresponding source code, to modify the components, and to substitute your own build. The restrictions in Section 13 do not apply to them. Where this Agreement and that license conflict as to those components, that license controls.
Replacing them means changing a file inside a signed application bundle, so you will need to re-sign the bundle for macOS to launch it. Section 14 expressly permits both steps, and restriction 5 in Section 13 does not apply to them. The notices file gives the exact command as tested for that release, including the step that clears the quarantine attribute.
An App you have re-signed yourself is no longer notarized by Apple. On recent versions of macOS you open it once through System Settings, then Privacy and Security, where macOS offers to open it anyway. The notices file gives those steps too. Cutvey ships the App with the entitlement that allows a library you built yourself to load, so that this route works rather than merely being permitted on paper.
The notices, the full text of the LGPL version 2.1, the written offer for the corresponding source, and the instructions for building and substituting your own build all ship with the App in THIRD-PARTY-NOTICES.txt, in Cutvey Offload.app/Contents/Resources/Licenses/ and in the Licenses folder on the disk image, and may also be requested at [email protected].
A-1.6.2 RED R3D SDK runtime and Blackmagic RAW SDK. The App bundles proprietary runtime libraries from RED Digital Cinema and Blackmagic Design. You may not extract, separate, or redistribute them apart from the App as a whole, and Restrictions 1 to 5 in Section 13 apply to them exactly as they apply to the rest of the App. Cutvey grants you no right in either component that Cutvey does not itself hold, and no right to use either except as an integral part of the App.
A-1.6.3 Terms required by the SDK owners. The owners of those runtime libraries require Cutvey to pass certain terms and attributions down to you. Those terms are reproduced verbatim in the App's notices file, in the form those owners require, and that file is incorporated into this Agreement by reference under Section 14. They apply to your use of the App to the extent it uses the component concerned. Where a term in that file conflicts with this Agreement as to that component, the term in that file controls for that component. The notices file ships with the App at the paths named in A-1.6.1, and you can also request it at [email protected].
A-1.6.4 Names and marks. RED, R3D, Blackmagic Design, Blackmagic RAW, and BRAW, and the associated names, logos, and intellectual property, belong to their respective owners. References to them in the App or its documentation are for identification, interoperability, and description only, and claim no affiliation, sponsorship, endorsement, or partnership. If you need any other software or firmware from RED Digital Cinema or Blackmagic Design in order to use the App or to work with the media it processes, you must obtain a license for it directly from its owner and comply with that owner's terms. Cutvey grants no right in it.
A-1.7 Updates. The App checks a Cutvey-operated HTTPS endpoint for a cryptographically signed version.json update feed, and verifies the signature of the feed and of any download before installing. The check transmits no personal data and no user content.
A-1.8 Crash reports. Crash reporting follows Section 12. Reports are prepared from macOS's own crash diagnostics and contain technical information about the failure only: where in the App's code the failure happened, the stack trace, the names of the system libraries involved, free memory, the operation that was running, and the App, macOS, and hardware model versions. Before sending, the App removes user account names from any file paths in the diagnostics. Reports contain no footage and no file, folder, card, drive, or project names, and no Cutvey account details. They go to the provider named in Section 12. Sending follows the rule in Section 12 (on by default where the law allows, asked on first run where it does not), the setting is in Settings under "Send crash reports", and you can change your answer at any time. Apple's own macOS crash sharing is separate and is controlled in macOS privacy settings.
A-1.9 Accuracy. Transfer speed and time remaining figures are estimates. Checksum verification tells you that the bytes the App read matched the bytes it wrote at the time it checked. It does not guarantee that a card, drive, or filesystem will stay readable afterwards.
The operating system decides when an app in the background may run. A transfer, a status update, or a notification can be delayed or suspended when a machine sleeps, is locked, is low on power, or is under thermal pressure. Do not treat the absence of an alert as confirmation that a job finished.
A-1.10 Account. The App creates no Cutvey account. Section 7.1 applies unchanged.
Platforms: iPhone, iPad. Distribution: App Store. Section 27 applies.
A-2.1 What it does. A companion dashboard for Cutvey Offload running on a Mac. It shows the status of offload jobs and their results. It does not copy, verify, or erase media itself, and it is not the Cutvey subscription service.
A-2.2 Price. Cutvey Offload for iOS is free, and it contains no in-app purchase and no purchase path of any kind. There is nothing to buy inside it. It is unlocked by a current Cutvey Offload license on the paired Mac, or by a Cutvey membership activation. It does not consume an extra activation beyond the one used for its paired Mac or for the signed-in person. The App shows no price, and does not link to or invite you to buy the Mac license, as Section 3 requires. Because it has no purchase of its own, the "Unlock Forever" path in Section 3 does not exist in this App, and a person without an Offload license or a membership sees only the sign-in path.
A-2.3 Pairing and where status travels. The App pairs with a Mac running Cutvey Offload. Job status travels between your Mac and your device. It does not pass through a Cutvey server. If a future release adds remote monitoring through a Cutvey relay, this schedule and the Schedule A row will say so before it ships, and only job status will ever pass through it, never your media.
A-2.4 Permissions. Local network access, to find the paired Mac. Notifications, if you allow them, to tell you when a job finishes or fails. iCloud, if you enable sync of your settings and job history, under Section 11. If you sign in with Cutvey, job records may sync with your Cutvey workspace under Section 10.
A-2.5 What it does not do. It does not guarantee delivery or timeliness of any alert. A missed, late, or wrong status notification is not a substitute for checking the Mac itself before you erase anything. Paragraph A-1.4 applies to every erase decision, wherever you made it from.
The operating system decides when an app in the background may run. A status update or a notification can be delayed or suspended when a device sleeps, is locked, is low on power, or is under thermal pressure. Do not treat the absence of an alert as confirmation that a job finished.
A-2.6 Account. The App creates no Cutvey account. Section 7.1 applies unchanged.
Platforms: iPhone, iPad, Mac (Universal Purchase). Distribution: App Store. Section 27 applies.
A-3.1 What it does. A color temperature meter and sun tracker for production. It estimates color temperature and light level from the device camera and sensors, and calculates sun position, sunrise, sunset, and golden and blue hour times from your location, date, and time.
A-3.2 Price. US$19.99 one-time in-app purchase ("Unlock Forever"), or one Cutvey membership activation, or Restore Purchase.
A-3.3 Permissions.
A-3.4 Where readings live. Readings, notes, and locations are stored on your device, and in your own iCloud (CloudKit private database) if you enable sync. Cutvey cannot see, recover, or restore anything in your iCloud private database. If a future release lets you attach readings to a Cutvey project, and you sign in and use it, those readings go to your Cutvey workspace under Section 10. Nothing reaches Cutvey unless you sign in and use such a feature.
A-3.5 Accuracy. Important. Color temperature, tint, and illuminance readings come from a consumer camera and consumer sensors, not from a calibrated spectrometer, color meter, or lux meter. Readings vary with the device model, the lens, the white balance and exposure the camera chose, mixed light sources, flicker, reflections, and what the sensor is pointed at. Sun position, sunrise, sunset, and golden hour times are calculated from published astronomical formulas and your reported location and device clock, and do not account for terrain, buildings, weather, refraction anomalies, or an inaccurate clock or location fix.
Every figure the App shows is an approximation and a planning aid, labeled as an estimate on screen. Section 15 applies in full. Do not use Cutvey Meter for any safety, navigation, medical, legal, forensic, or regulatory purpose, and do not rely on it as your only source when a shoot, a permit, or a payment depends on the number. Confirm critical readings with a calibrated instrument, and critical timings with an official source.
A-3.6 Account. The App creates no Cutvey account. Section 7.1 applies unchanged.
Platforms: iPhone, iPad, Mac (Universal Purchase). Distribution: App Store. Section 27 applies.
A-4.1 What it does. A director's viewfinder. It simulates the field of view of camera bodies, sensor formats, and lenses, overlays frame lines and aspect ratios, and can export a reference frame to your Photos library.
A-4.2 Price. US$19.99 one-time in-app purchase ("Unlock Forever"), or one Cutvey membership activation, or Restore Purchase.
A-4.3 Permissions.
A-4.4 Where your frames live. A frame you export leaves the App. Once a reference frame is in your Photos library it is subject to your device and iCloud settings, not to this App: it may sync to iCloud Photos, appear in a shared library or a shared album, and reach other devices and other people who have access to them. Cutvey cannot see it, move it, or delete it. On a closed set, under a nudity rider, or where an intimacy protocol applies, a still of a performer is often prohibited outright, and your consent from a performer normally covers the camera, not a phone. Check what you are allowed to capture before you export a frame, and delete it when you are done with it.
Reference frames go to your own Photos library. Setups, presets, and lens lists are stored on the device and, if you enable sync, in your own iCloud. Cutvey does not receive them unless you sign in and use a Cutvey project feature. Cutvey Viewfinder may gain project integration with the Cutvey service in a future release, and Section 10 governs anything that syncs to your workspace when it does.
A-4.5 Accuracy. Important. The field of view, focal length equivalence, depth of field, and frame line overlays are simulations, calculated from published sensor and lens specifications and from the characteristics of your device's camera. They will not match a real camera and lens exactly. Real lenses vary from their published focal length, breathe when focused, distort, and are built to tolerances. Sensor dimensions, crop factors, and recording areas differ between camera models and firmware versions, and the data the App uses may be incomplete or out of date.
Use the App to plan and to communicate an idea. Section 15 applies in full. Confirm the actual frame on the actual camera and lens before you commit to a location, a build, a lens package, or a shot that cannot be redone.
A-4.6 Third-party camera and lens names. Camera body, sensor, and lens names are used for identification only and belong to their owners. Their inclusion does not mean the manufacturer has verified, endorsed, or approved the simulation.
A-4.7 Account. The App creates no Cutvey account. Section 7.1 applies unchanged.
Platforms: iPhone, iPad, Mac (Universal Purchase). Distribution: App Store. Section 27 applies.
A-5.1 What it does. Displays and scrolls a script for a presenter, with control over speed, size, mirroring, and margins.
A-5.2 Price. US$19.99 one-time in-app purchase ("Unlock Forever"), or one Cutvey membership activation, or Restore Purchase.
A-5.3 Where your scripts live. Scripts you write or import are stored on your device, and in your own iCloud (CloudKit private database) if you enable sync. Section 11 applies to iCloud, and Cutvey cannot recover a script from your iCloud. Export or copy anything you cannot lose.
A-5.3.1 Syncing scripts with your Cutvey account. If you sign in with Cutvey, the App can pull scripts from the projects in your Cutvey workspace, and can push your edits back to them. Scripts you sync are then stored in that Cutvey workspace and are governed by the Cutvey Terms of Service and, where Cutvey acts as a processor for the workspace's owner, the Cutvey Data Processing Addendum. Other people with access to that workspace may be able to see a script you push to it. If you do not want a script in the workspace, keep it on the device or in iCloud only and do not push it. Section 10 governs this sync.
A-5.4 Permissions.
A-5.5 Timing is not guaranteed. Scroll speed, estimated read time, words per minute, and any duration the App shows are estimates, labeled as such on screen. Actual timing depends on the presenter, the take, the language, and how the script is written. The App may stutter, pause, or drift because of device load, thermal throttling, a notification, a low battery, an operating system update, or a Bluetooth remote losing connection. Section 15 applies in full. Do not rely on the App as the timing source for a live broadcast, a legally required disclosure read, or any other take where a mistimed or interrupted scroll causes real loss. Keep a printed or second-device copy of the script for anything critical.
A-5.6 Account. The App creates no Cutvey account. Section 7.1 applies unchanged.
Copy this block, fill it in, add a row to the Schedule A table, and publish. The numbered sections above do not change. Anything you cannot answer from the list below is a sign the App needs sign-off before it ships, not a longer schedule.
The square brackets in this template are fill-in fields, not unfinished text. They are the only square brackets in this Agreement, and they stay bracketed until an App is added. A completed schedule contains none.
Schedule A-[N]: [App name]
Consumers in the EU, the EEA, and the UK only, and only for an App you bought directly from Cutvey. Complete and return this form only if you wish to withdraw from the contract. You do not have to use this form: any clear statement of your decision to withdraw is enough, and the fastest route is the cancel control in your Cutvey account. Section 8 explains when the right of withdrawal is available and when consenting to immediate supply ends it.
To: Cutvey LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA
Email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*)
contract for the supply of the following digital content:
Cutvey app: _____________________________________________
License term: ___________________________________________
Ordered on (*)/received on (*): _____________________________
Name of consumer(s): _______________________________________
Address of consumer(s): ____________________________________
____________________________________
Email address on the purchase: _____________________________
Signature of consumer(s) (only if this form is notified on paper):
____________________________________
Date: ______________________
(*) Delete as appropriate.
We acknowledge receipt of your withdrawal by email the same or the next business day, and refund you within 14 days where the right applies.
End of Agreement.