End User License Agreement

1. Acceptance

This End User License Agreement ("Agreement") is between you ("User") and Arnav Kulshreshtha, operating as an individual based in India ("Licensor," "we," "us"), governing your use of the Phosphor macOS application ("Software"). By downloading, installing, or using Phosphor, or by clicking to accept this Agreement during setup, you agree to this Agreement. If you do not agree, do not install or use the Software.

You must be at least 13 years old, or the minimum age of digital consent in your country of residence if higher, to use the Software.

2. License Grant

Subject to this Agreement, Licensor grants you a personal, non-exclusive, non-transferable, revocable license to install and use Phosphor on Mac computers you own or control, for your own personal or internal business use.

• Free tier: available at no cost, for individual personal use on any number of Macs you personally use. Use of the free tier by an organization is limited to evaluation purposes; deploying the Software across an organization's devices requires a Pro license for each device.
• Pro tier (when available): unlocked per a valid license purchased through Licensor's designated payment provider. A Pro license is personal to you and is not transferable to another person without Licensor's written consent. Licensor may implement technical measures in the future to limit activation to a specific number of devices; this restriction applies regardless of whether such measures are technically enforced at any given time.

This license does not sell you the Software; you are licensed to use it, and Licensor retains all ownership rights.

3. Restrictions

You may not:

• Reverse engineer, decompile, or disassemble the Software, except to the extent expressly permitted by applicable law without the possibility of contractual waiver.
• Redistribute, resell, sublicense, rent, or lease the Software or any license key.
• Circumvent, disable, or interfere with any licensing or entitlement-verification mechanism in the Software.
• Use the Software for any unlawful purpose.

4. Feedback

Any feedback, suggestions, or ideas you voluntarily provide about the Software may be used by Licensor without restriction or compensation to you.

5. Third-Party and System Dependencies

Phosphor uses certain macOS system interfaces, including some that are undocumented by Apple, to provide hardware display brightness control and related features. Apple may change, restrict, or remove these interfaces in a future macOS update without notice, which may cause some features to stop working or behave differently. Licensor will make reasonable efforts to maintain compatibility but cannot guarantee any feature will continue to function on every future macOS version.

Apple may also revoke Licensor's developer certificate or notarization at its sole discretion, which could prevent the Software from launching on any Mac until resolved. This is a separate risk from the API changes described above, and outside Licensor's control.

App Sandbox: Phosphor does not run within the macOS App Sandbox. This is a deliberate design choice required for the Software's display-control features to function, and it means the Software operates with broader system access than a typical sandboxed application. This is in addition to, and independent of, the specific permissions (Screen Recording, Accessibility, Input Monitoring) the Software requests and that you separately grant.

Potential for display or system instability: Because Phosphor operates at a low level to control display output, it is technically possible, though not expected in normal operation, for a malfunction to cause temporary visual artifacts, an unresponsive or blacked-out display, or the need to restart the Software or your Mac to restore normal function. Licensor takes reasonable care to prevent this and provides an emergency recovery shortcut within the Software, but this risk is an inherent characteristic of software that controls display hardware directly, and is not eliminated by that safeguard.

6. No Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Known Feature Limitations: Phosphor's current Pro feature, Flashbang Protection, is functional only for application switches occurring within the same virtual desktop (via Dock clicks or Cmd+Tab). It does not currently detect or respond to switches between different virtual desktops or Spaces, or to brightness changes occurring within a single application (such as switching tabs). This limitation, as stated directly in this Agreement, does not constitute a defect or grounds for a refund beyond the refund policy stated in Section 9.

Forward-Looking Statements: The purchase of a Pro license is based solely on currently available features. Features marked as "in development" or "coming soon" (including, but not limited to, PRO+, Auto Profiles, and HiDPI Scaling) are planned but not guaranteed. Delays or cancellations of these planned features do not constitute grounds for a refund. If Licensor releases Phase 2 features, Licensor currently intends to make them available to existing Pro licensees at no additional cost, and to offer future major upgrades at a reduced price to existing Pro licensees; this statement of intent is not a binding obligation, is not guaranteed, and may change at Licensor's sole discretion. Licensor will determine in good faith what constitutes a qualifying future upgrade for this purpose.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE. LICENSOR'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS PRECEDING THE CLAIM (OR, FOR THE FREE TIER, SHALL BE ZERO).

This cap does not apply to: (a) fraud or willful misconduct by Licensor, (b) death or personal injury caused by Licensor's proven negligence, or (c) any liability that cannot lawfully be excluded or limited under applicable law. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited as a matter of overriding mandatory law applicable notwithstanding the choice of governing law in this Agreement.

8. Indemnification

You agree to indemnify and hold Licensor harmless from any third-party claim, loss, or expense (including reasonable legal fees) arising from your violation of this Agreement or your unlawful use of the Software. This does not apply to claims arising from Licensor's own fraud, willful misconduct, or proven negligence.

9. Payments, Refunds, and EU Withdrawal Right

Pro tier purchases are processed by Licensor's designated third-party payment provider, which may act as merchant of record for the transaction and handle applicable sales tax, VAT, or GST collection on Licensor's behalf.

Refunds: Licensor offers a 14-day money-back guarantee on Pro tier purchases from the date of purchase.

EU and UK consumers: Digital content that is not supplied on a tangible medium is ordinarily subject to a 14-day statutory withdrawal right under EU Directive 2011/83/EU (and equivalent UK law). By activating your Pro license and beginning use of the Software's paid features before the 14-day period ends, you expressly consent to immediate performance and acknowledge that you lose the statutory right of withdrawal once such use has begun, to the extent permitted by applicable law and captured through Licensor's payment provider's checkout process. This does not affect the refund guarantee described above, which applies regardless of this waiver.

10. Privacy

Phosphor's data practices are described in the separate Phosphor Privacy Policy. Phosphor is designed and configured so that Screen Recording and Input Monitoring data is processed entirely on-device and is not transmitted to or stored on Licensor's servers. Payment and license information necessarily passes through Licensor's third-party payment provider as described in Section 9, and is subject to that provider's own privacy practices, not Licensor's.

11. Term and Termination

This license is effective until terminated. It terminates automatically if you fail to comply with any term of this Agreement. Licensor may also terminate a Pro license in cases of fraud, chargeback abuse, or violation of Section 3.

12. Changes to the Software and this Agreement

Licensor may update the Software and this Agreement from time to time. Continued use of the Software after such changes constitutes acceptance.

13. Force Majeure

Licensor is not liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Licensor's reasonable control, including outages of third-party services (such as the payment provider or Licensor's website), internet or infrastructure failures, or other events outside Licensor's direct control.

14. Assignment

You may not assign or transfer this Agreement without Licensor's prior written consent. Licensor may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets relating to the Software, without requiring your consent.

15. Export Compliance

You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

16. Dispute Resolution

Before initiating formal legal proceedings, the parties agree to attempt good-faith informal resolution: the party raising the dispute will provide written notice describing the issue, and the other party will have 30 days from receipt to cure or resolve it, before either party files a claim.

17. Notices

Formal legal notices to Licensor under this Agreement should be sent to [email protected]. Notices sent to this address are deemed received 3 business days after sending, absent evidence to the contrary.

18. Governing Law

This Agreement is a contract under the Indian Contract Act, 1872, and is governed by the laws of India, without regard to conflict-of-law principles. Disputes shall be subject to the exclusive jurisdiction of the courts of Bengaluru, India. Nothing in this Section limits any mandatory right a consumer has to bring proceedings in the courts of their country of habitual residence, where applicable law requires that right.

19. Apple Disclaimer

Phosphor is distributed independently and is not sold, endorsed, or supported by the Mac App Store. Apple Inc. is not a party to this Agreement and bears no responsibility for the Software or this Agreement.

20. Severability and Entire Agreement

If any provision of this Agreement is found unenforceable, the remaining provisions remain in full effect. This Agreement constitutes the entire agreement between you and Licensor regarding the Software.