LICENCE AGREEMENT
End-user licence agreement
This is the agreement between you and XY Space Inc. for using the Memory Notch application. It does not cover the source code, which is governed separately and grants no rights to anyone outside XY Space.
1. What this agreement covers
The Software is a macOS application that records audio, transcribes it, and writes notes, entirely on your own Mac. This agreement covers your use of the compiled application and, if you buy one, a licence key. By installing or running the Software, you agree to these terms.
2. Trying the Software without a licence
The Software works fully without an account, a sign-up, or a licence key. With no key entered, every recording stops automatically at five minutes and is saved in full: the audio, the transcript, and the note. The five-minute recording trial has no expiry date. A paid licence is required for recordings longer than five minutes.
3. The licence
A licence removes the five-minute limit. It is a one-time payment and does not expire. Once you buy a licence, recordings on that licence are no longer capped, for as long as you keep using the Software.
The licence key contains your email address in plain text. The app displays this as "Licensed to [your email]".
4. What you may do
Subject to this agreement, XY Space grants you a personal, non-transferable licence to install and use the Software, and to remove the five-minute cap using your licence key, on up to five devices that you personally own or control.
This five-device limit is a term of this agreement, not a technical restriction. The Software verifies a licence key's signature entirely offline, and does not count, track, or report how many devices use it — see section 7 for what it does fetch over the network. Nothing in the Software will stop you from using the key on a sixth device, and nothing will detect it. Using more than five devices is still a breach of this agreement, even though the Software will not notice.
5. What you may not do
You may not transfer, sell, rent, or give away your licence key or your licence to anyone else. You may not publish, post, or otherwise make your licence key available to the public or to any person who is not you. A licence key is issued to one person for that person's own use.
6. Updates
Your licence includes free updates for one year from the date you buy it, or from the date you last renew it. Any version of the Software released within that year will keep working for you, uncapped, forever — including offline, and on a different machine than the one you first installed it on. This is because the Software checks its own build date against your licence, not the current date: once a version is covered, it stays covered.
If more than a year passes and you have not renewed, versions released after your update window closes will run with the trial recording limit: capped at five minutes, in the same way as if you had no licence at all. Versions released before your window closed are not affected and keep working exactly as before. Renewing extends your update window; it does not affect your right to keep using any version you already have.
Your licence never needs a network connection to keep working. When your Mac is online, the Software checks the list of revoked licences about once a day (see sections 7 and 8). If a Mac with a licence goes 365 days without completing that check, usually because it has not been online, the Software will not install updates on that Mac until it connects and the check succeeds. Nothing else changes: your licence, and unlimited recording on every version it covers, keep working exactly as before, offline or not.
7. How the Software handles your data
The Software runs entirely on your Mac. Recording, transcription, and note-writing all happen locally. Your audio, transcripts, and notes are not sent to XY Space or to any third party, and XY Space has no way to see them.
Checking your licence key does not require a network connection: it is verified on your machine using a digital signature. The Software does periodically download a list of licences that have been revoked, so that a refunded licence stops unlocking it. That download asks for the whole list, not a single entry, so the request cannot reveal which licence is asking: it sends no licence key, no email address, no account identifier, and nothing the Software derives about your Mac. Like any request to a web address, it still travels over the internet and so still carries your IP address and a standard header naming your operating system version — true of any request any app or browser makes, not something particular to this one — and XY Space does not use it to identify you or connect it to a licence (see the privacy policy for the full description).
A signed release of the Software also checks, once a day, whether a newer version exists. That is a request for one static file at a fixed address, and it sends nothing but the request itself: no identifier, no version number in a query string, no licence key. It can be turned off in Settings, under Updates, without affecting anything else the Software does. If you then choose to install the version it found, the Software downloads that release — a request you made, for a file you asked for, which likewise carries nothing about you. What it downloads may be a patch against the version you already have rather than the whole application, which changes how large the download is and nothing else about it. Nothing is downloaded and nothing is installed unless you press the button that starts it.
An update is only ever installed if it verifies against a cryptographic key built into the Software. One that does not verify is refused, so a compromised server cannot push code XY Space did not sign.
If a bundled model file is ever missing, Settings can also fetch the missing one from the model's host; that download carries none of your data either.
Those are all of them: the revocation list, the daily version check, the update you choose to install, and the model-recovery download. The Software sends no other network traffic and contains no usage reporting.
8. Refunds
You may request a refund within 30 days of buying your licence, for any reason, and XY Space will refund it in full through Stripe. Contact the address in section 14. After 30 days, refunds are at XY Space's discretion. Nothing here limits any refund right you have under the consumer law where you live.
A refunded licence is no longer yours: the rights granted by section 4 end when the refund is issued. XY Space marks the licence as revoked, and the Software stops unlocking unlimited recording the next time that Mac connects and checks the list of revoked licences — which, on a Mac that is online, is normally within a day, because the Software checks about once a day. A Mac that does not connect cannot be told until it does; if it goes 365 days without that check, it also cannot install updates until then (see section 6). Recordings you have already made are unaffected and stay on your Mac.
9. No warranty
The Software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. XY Space does not warrant that the Software will be uninterrupted or error-free, or that any data processed, recorded, transcribed, or stored by the Software will be preserved, accurate, or recoverable.
10. Limitation of liability
To the maximum extent permitted by applicable law, XY Space's total liability to you for any claim arising from or relating to the Software or this agreement will not exceed the amount you paid for your licence. In no event will XY Space be liable for any loss of data, loss of recordings, loss of profits, or any indirect, incidental, or consequential damages, even if advised of the possibility of such damages.
11. Termination
This agreement, and the licence it grants, ends automatically if you breach it — for example, by sharing or publishing your licence key, or by using it on more than five devices. On termination, you must stop using any licence key you were given and delete any copies of the Software unlocked with it. Unlicensed use is unaffected: you may keep using the Software without a licence, subject to the five-minute cap in section 2. Sections 7, 9, 10, and 13 survive termination.
12. Changes to this agreement
XY Space may update this agreement for future versions of the Software. Changes apply to versions released after the change and do not reduce what a licence you already hold entitles you to for versions covered by section 6.
13. Governing law
This agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising under or in connection with it, and each party irrevocably attorns to the jurisdiction of those courts.
14. Contact
Licensing and refund enquiries: hello@xyspace.dev
XY Space Inc.
Ontario, Canada