Terms of Service

1. Agreement

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”) and Fly-by-wire AB, a company registered in Sweden (“Company”, “we”, “us”), governing your use of the Cheeks application and CLI tool (collectively, the “Software”).

By purchasing, downloading, installing, or using the Software, you agree to be bound by these Terms. If you do not agree, do not use the Software.

2. Definitions

• Software: The Cheeks macOS application and the associated command-line interface (CLI) tool.
• License Key: A unique alphanumeric code provided upon purchase that activates the Software.
• Machine ID: A hardware identifier used solely to tie a license activation to a specific device.

3. License Grant

Upon valid purchase and activation, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on the number of devices permitted by your license tier.

You may not:

• Redistribute, sublicense, sell, lease, or rent the Software.
• Reverse engineer, decompile, or disassemble the Software.
• Remove or alter any proprietary notices, labels, or marks.
• Use the Software for any purpose that violates applicable law.
• Circumvent or attempt to circumvent license activation or validation mechanisms.
• Share your License Key with third parties.

4. Trial and Licensing

The Software may be used in a limited trial mode (restricted to 2 projects) without a License Key. Full functionality requires a valid, activated license. Each License Key permits a limited number of device activations as specified at the time of purchase.

5. Purchase and Payment

Payments are processed by Stripe, Inc. (“Stripe”). By making a purchase, you also agree to Stripe's Terms of Service. We do not store your payment card details. All payment information is handled directly by Stripe.

Prices are listed on our website and may be updated at our discretion. Price changes do not affect previously completed purchases.

6. Refund Policy

We offer a 30-day refund policy. If you are unsatisfied with the Software for any reason, you may request a full refund within 30 days of purchase by contacting us at support@flybywire.se. Refunds will be issued to the original payment method via Stripe.

After the 30-day period, all sales are final.

7. Software Updates

We may release updates to the Software at our discretion. Updates may include bug fixes, new features, or changes to existing functionality. We are not obligated to provide updates, maintain backward compatibility, or support previous versions indefinitely.

8. Data and Privacy

Your use of the Software is also governed by our Privacy Policy. The Software stores all user data (secrets, context files, project configurations) locally on your device. We do not have access to your stored secrets or context data.

The only data transmitted to our servers is your License Key and Machine ID for the purpose of license activation and validation.

9. Local Data Storage and User Responsibility

9.1 Local-Only Architecture

The Software stores all user data — including secrets, API keys, tokens, credentials, context files, notes, and project configurations — exclusively on your local device. We do not store, transmit, or have access to your data. There is no cloud backup, server-side storage, or remote copy of your data.

9.2 Encryption and Key Management

Your data is encrypted at rest using AES-256-GCM. The encryption key is generated and stored in your macOS Keychain, which is tied to your device and user account.

If your encryption key is lost, deleted, or becomes inaccessible — for example due to a macOS Keychain reset, operating system reinstallation, device loss, hardware failure, or migration to a new device — your encrypted data will become permanently unrecoverable. We have no ability to decrypt, recover, or restore your data under any circumstances.

9.3 Data Loss

We are not responsible or liable for any loss, corruption, or inaccessibility of data stored in the Software, including but not limited to:

• Loss of secrets, API keys, tokens, or credentials.
• Loss of context files, notes, or project configurations.
• Data loss caused by device failure, theft, damage, or loss.
• Data loss caused by operating system updates, reinstallation, or migration.
• Data loss caused by macOS Keychain reset or corruption.
• Data loss caused by Software bugs, crashes, or unexpected behavior.
• Data loss caused by user error, accidental deletion, or misconfiguration.
• Data rendered permanently inaccessible due to loss of the encryption key.
• Any direct or indirect consequences of data loss, including but not limited to service outages, security incidents, loss of access to third-party services, or business interruption caused by the loss of credentials stored in the Software.

9.4 Your Responsibility

You acknowledge and agree that:

• You are solely responsible for maintaining independent backups of all data stored in the Software. The Software is a convenience tool, not a primary or sole storage system for critical credentials.
• You are responsible for maintaining the security of your device, operating system, and macOS Keychain.
• You are responsible for evaluating whether the Software's security and storage mechanisms are sufficient for your use case.
• You should not rely on the Software as the only copy of any secret, credential, or critical information.
• You are responsible for keeping your License Key confidential.

9.5 No Data Recovery Service

We do not offer and cannot provide any data recovery service. Due to the local-only, encrypted architecture of the Software, it is technically impossible for us to access, decrypt, or recover your data. Support requests for data recovery cannot be fulfilled.

10. Intellectual Property

The Software, including all code, design, trademarks, and documentation, is the exclusive property of Fly-by-wire AB. These Terms do not grant you any ownership rights. All rights not expressly granted are reserved.

11. Disclaimer of Warranties

The Software is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Software will be uninterrupted, error-free, or free of harmful components. You use the Software at your own risk.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Fly-by-wire AB shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, arising out of or related to your use of the Software.

Our total liability shall not exceed the amount you paid for the Software in the twelve (12) months preceding the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or willful misconduct.

13. Termination

We may terminate or suspend your license if you violate these Terms. Upon termination:

• You must cease all use of the Software.
• You must uninstall and delete all copies of the Software.
• Your License Key will be deactivated.

Termination does not affect your locally stored data, which remains on your device.

14. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations. You may not use or export the Software in violation of such laws.

15. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on our website with a revised “Last updated” date. Continued use of the Software after changes constitutes acceptance of the updated Terms. For material changes, we will make reasonable efforts to notify users (e.g., via our website or email).

16. Governing Law and Disputes

These Terms are governed by the laws of Sweden, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Sweden.

If you are a consumer in the European Union, you retain any mandatory consumer protection rights granted under the laws of your country of residence.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fly-by-wire AB regarding the Software and supersede all prior agreements.

19. Contact

For questions about these Terms, contact us at:

Fly-by-wire AB
Email: support@flybywire.se
Website: https://flybywire.se