Apprtur Terms of Service
These Terms of Service (these "Terms") are a binding agreement between you and Studio014 Incorporated ("Studio014," "we," "us" or "our") governing your access to and use of Apprtur. By creating an account, by accepting these Terms when asked, or by otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
1. Definitions
- "Service" means the Apprtur build, deployment and submission service, including the Apprtur Windows application and command-line tool (together, the "Client"), the Apprtur servers and application programming interfaces, the build machines we operate, and the MCP server included in the Client.
- "Build" means one request to the Service to compile, archive, sign or export an Application from Your Content, whether started by you or through an Agent.
- "Application" means the software project that you submit to the Service.
- "Your Content" means your source code, project files, configuration, dependencies, credentials and any other material that you submit to or make available to the Service, together with the output of a Build.
- "Credentials" means any App Store Connect API key, access token, Apple identifier, certificate, provisioning profile or repository access token that you provide to, or authorize for use by, the Service.
- "Agent" means any artificial-intelligence tool, assistant, script or other automated software that operates the Service on your behalf, including through the MCP server.
- "Build Minutes" means the unit of measure by which the Service meters Builds, as described in section 10.
- "Beta" means any period in which the Service, or a feature of it, is offered as a pre-release, trial, invitation-only or testing offering.
2. Eligibility and Authority
You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if greater, and have the legal capacity to enter into a binding contract. If you use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" includes that organization. The Service is not available to any person barred from using it under applicable law.
3. Accounts
- You must create an account to use the Service. You shall provide accurate, current and complete information and keep it up to date.
- You are solely responsible for maintaining the confidentiality of your account, your access tokens and any email address or device used to sign in, and for all activity under your account, whether or not you authorized it, including activity by an Agent. You shall notify us promptly at the address in section 21 if you suspect unauthorized use.
- One person or organization may hold one account. You shall not share an account, or permit its use by any other person, except through an Agent that you operate for your own purposes.
4. The Service
The Service builds iOS applications from Your Content on build machines operated by Studio014, using Apple's development tools, and may deliver the result to you for installation on devices connected to your computer or submit it to Apple's App Store Connect and TestFlight at your direction. The Service is a build and packaging tool. It is not an integrated development environment, and it does not write, test, debug or review Your Content.
We may modify, add, suspend or discontinue any feature of the Service at any time. Where a change materially and adversely affects paid features that you are using, we shall give you notice in accordance with section 19.
Apprtur is an independent service. It is not affiliated with, endorsed by or sponsored by Apple Inc. Apple, Xcode, iPhone, iOS, App Store, TestFlight and related marks are the property of Apple Inc.
5. Beta
- Access to a Beta may be limited to persons we invite or approve, and we may limit the number of participants, refuse or withdraw access, or end a Beta at any time.
- A Beta may be provided without charge. Unless we tell you otherwise before you join, you are not charged during a Beta. We shall not charge you for any period after a Beta unless you have first been shown the applicable charges and have provided or confirmed payment details.
- The Service during a Beta runs on a limited number of build machines. Capacity, availability, build times and features may differ from, and may be less reliable than, the generally available Service, and the Service may be unavailable whenever a build machine is offline.
- Features, limits, pricing and these Terms may change before or at the end of a Beta. We shall give reasonable notice before a Beta ends. On its end, your access may be suspended or terminated unless you move to a paid offering.
- You may be invited to provide feedback. You grant Studio014 a perpetual, irrevocable, worldwide, royalty-free licence to use any feedback you provide for any purpose without obligation or compensation to you.
6. Apple Requirements
- Membership. To build, sign and distribute iOS applications, you must hold a valid paid Apple Developer Program membership in good standing. You are solely responsible for maintaining it and for complying with Apple's agreements, including the Apple Developer Program License Agreement and the App Store Review Guidelines.
- No control over Apple. Apple, and not Studio014, controls its services, certificates, review decisions and requirements. We are not responsible for any suspension, revocation, rejection, delay, change or charge imposed by Apple, or for any change in Apple's tools or terms that affects the Service.
- Apple's tools. Builds run on hardware that we operate using Apple's software, under Studio014's own licence from Apple. You receive no right to use, access or control that hardware or software other than as a recipient of Build output through the Service.
7. Credentials and Signing
- Authorization. You authorize Studio014 to use your Credentials, on your behalf and for your account only, to validate your access, to build and sign your Application, to register your devices, and to deliver or submit the Build as you direct. Signing is performed through Apple's automatic signing using your Credentials, and Apple may create, renew or manage signing assets in your developer account as part of that process.
- Access level. You shall provide a key with the access level that the Service states at the time you provide it. You are solely responsible for the permissions that you grant.
- Custody. We store your App Store Connect private key and any repository access token in encrypted form, and transmit them to a build machine only for the Build that requires them, where they are removed when the Build ends. We use commercially reasonable safeguards, but no system is completely secure.
- Your controls. You may revoke your App Store Connect API key at any time in App Store Connect, and may remove your stored Credentials from the Service. Revocation will cause Builds that require the revoked Credentials to fail, and Build Minutes consumed by such Builds are governed by section 10.
- Compromise. If any Credential is lost, disclosed or misused, you are solely responsible for revoking it and for notifying us. Except to the extent caused by our gross negligence or wilful misconduct, Studio014 is not liable for any loss arising from a compromised Credential.
8. Acceptable Use
You shall not, and shall not permit any other person or Agent to, use the Service to build, submit, store, distribute or test any Application or content that:
- violates the Apple Developer Program License Agreement, the App Store Review Guidelines or any other Apple agreement;
- violates any law that applies to you, to Studio014 or to the Service, including the laws of Canada and of the Province of Alberta, including laws on privacy, intellectual property, defamation, hate speech and the distribution of unlawful content;
- encourages, facilitates or condones unlawful activity;
- is malware, spyware, ransomware or any software designed to harm devices, networks or persons, or to collect data without lawful consent;
- infringes the copyright, trademark, patent, trade secret or other rights of any person; or
- contains or facilitates child sexual abuse material, non-consensual intimate images, or content that promotes violence or terrorism.
You shall also not:
- use a build script, run-script phase, package plugin, dependency, post-install hook or other code in Your Content to attack, probe or disrupt any system; to access the data, Credentials or projects of any other user; to access any network connected to our build machines; to mine cryptocurrency; or to run any workload that is not a bona fide Build of an iOS Application;
- attempt to gain unauthorized access to the Service, to our systems or to any other person's account, or to circumvent metering, limits, queueing or security controls;
- resell, sublicense, share or transfer your account, allowances or Build Minutes, except as we expressly permit in writing;
- interfere with or place an unreasonable load on the Service; or
- reverse engineer the Service, except to the extent that applicable law prohibits this restriction.
We may investigate suspected violations, remove or refuse to process any content, and act under section 17.
9. Agents and the MCP Server
The Client includes an MCP server that allows an Agent that you choose to request Builds, check Build status, install Builds on a connected device and read results through your account. An Agent acts under your account and with your authority. You are responsible for every act and omission of an Agent as if it were your own, including every Build it requests and every Build Minute it consumes, and for configuring and supervising the Agent. Builds requested by an Agent are metered in the same way, against the same allowance and balance, and are subject to the same limits and these Terms, as Builds that you request yourself. We make no representation that any Agent will operate correctly or safely with the Service.
10. Build Minutes, Plans, Credit and Payment
- Metering. Builds are measured in Build Minutes according to the time the Build takes to run. Build Minutes are drawn first from the allowance of your plan, if any, for the period in which the Build runs, and then from any credit you hold. A plan allowance applies to fixed time windows, resets at the start of each window, and does not carry over.
- Prices and allowances. The price, the allowance and the other terms of each plan and of each credit pack are shown in the Service at the time you subscribe or purchase, and are incorporated into these Terms when you do so. We may change them for future periods and purchases on notice under section 19.
- Failed Builds. A Build that fails after it has begun to build, sign or export consumes Build Minutes in the same way as a successful Build, regardless of the cause, including errors in Your Content, project configuration, Credentials or your Apple account. A Build that is rejected or fails before it begins to build is not metered.
- Start condition. We may decline to start a Build when your remaining allowance and credit would not cover the average run time of your recent successful Builds of the same project and destination. When no such average exists, the Build may start. A Build that has started shall continue to completion, subject to the time limits that the Service applies to each stage of a Build. A Build that runs longer than expected shall reduce your balance to zero but not below zero. These rules apply to every Build, including those requested by an Agent.
- Redelivery. If a Build completes but its output expires before you could receive it because of a fault of the Service, we shall permit one repeat Build at no charge, as we determine under the rules of the Service.
- Payment. Payments are processed by Stripe, Inc. or its affiliates. You authorize us and Stripe to charge the payment method you provide for amounts that become due. Amounts are exclusive of applicable taxes, which you shall pay. We do not store your card number.
- Recurring plans. A subscription renews automatically for successive periods until you cancel. You may cancel at any time, effective at the end of the current period, and keep access until then. Credit that you have purchased remains available after cancellation unless the pack states otherwise or your account is terminated under section 17.
- Approval. Membership in a paid plan may be subject to our approval for capacity reasons. No charge is made before a membership is approved. If a request is not approved, we may require a waiting period before you may apply again.
- No refunds. Except where applicable law requires otherwise, fees for a period that has begun, and Build Minutes that have been consumed, are non-refundable.
11. Your Content
- Ownership. As between you and Studio014, you retain all right, title and interest in Your Content and your Application. Studio014 claims no ownership of them.
- Licence to operate the Service. You grant Studio014 a non-exclusive, worldwide, royalty-free licence, for the duration of your use of the Service and for the further period described in section 12, to access, copy, store, compile, sign, transmit and otherwise process Your Content, solely to provide the Service to you, to maintain its security, and to comply with law.
- Your warranties. You represent and warrant that you own, or have all necessary rights and permissions in, Your Content; that Your Content and its use under these Terms do not infringe or violate the rights of any person or any law; and that you have the right to give us access to every repository, dependency and account that you connect to the Service.
- Your responsibility. You are solely responsible for Your Content, for its configuration, for its compatibility with Apple's tools, and for every decision about its release. A failure of a Build, or Apple's rejection of an Application, for any reason relating to Your Content, your project or your Apple account is your responsibility.
12. Data Handling and Retention
Our Privacy Policy describes how we collect, use and disclose personal information. In addition, and without limiting it:
- Sensitive material. Your source code, Build output, Build logs, Credentials and any copy of them made for a Build (together, "Sensitive Material") are retained only for as long as we need them to perform the Service, to meter and support your account, and to maintain its security, and are then destroyed. Sensitive Material that is not needed for those purposes is destroyed without delay, and in any event all Sensitive Material that we hold for you is destroyed on closure of your account, except as section 12 provides for backups and as the law requires. Credentials that are transmitted to a build machine for a Build are removed when that Build ends. You may remove stored Credentials from the Service at any time.
- Installable Build output. Output of a Build intended for installation is held in temporary storage only until you confirm receipt, and is in any event deleted no later than sixty (60) minutes after it was created. Output submitted to Apple is delivered directly to Apple and is then governed by Apple's terms.
- Build logs. A Build log may contain file names, line numbers, error messages and excerpts of Your Content produced by the compiler, and is treated as Sensitive Material.
- Other records. Records that are not Sensitive Material, such as account details, plan and billing records, usage and metering records, and the repository address, branch, status and duration of each Build, are retained for as long as reasonably necessary for billing, tax, accounting, security, support and legal purposes, and may then be deleted or de-identified at our discretion. Nothing in these Terms obliges us to retain any record for any minimum period.
- Backups. Deleted information may persist in routine backups until they are overwritten in the ordinary course, and will not be restored to the Service other than to recover from a failure.
13. Third-Party Services and Software
The Service depends on, and may include, services and software provided by others, including Apple, Stripe, Cloudflare, your repository host, your Agent, and open-source software, which are subject to their own terms. Open-source notices are available in the Client. We do not control and are not responsible for any third-party service, and we do not warrant that any of them will be available, accurate or compatible.
14. Disclaimer of Warranties
THE SERVICE, THE CLIENT AND ALL BUILD OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDIO014 DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT.
Without limiting the foregoing, Studio014 does not warrant that: (a) the Service will be available, uninterrupted, secure or error-free; (b) any Build will succeed, complete within any time or produce any result; (c) any Application will be accepted, approved or retained by Apple, the App Store or TestFlight; or (d) the Service will meet your requirements. A Beta is experimental, and you use it at your own risk.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDIO014 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF THEM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF STUDIO014 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO STUDIO014 FOR THE SERVICE DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100) IF YOU PAID NOTHING OR LESS THAN THAT AMOUNT.
These limitations apply even if a remedy fails of its essential purpose. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, or any right that you have under consumer protection law that cannot be waived by contract. Some jurisdictions do not permit certain exclusions or limitations, and in those jurisdictions our liability is limited to the greatest extent permitted.
16. Indemnification
You shall indemnify, defend and hold harmless Studio014 and its officers, directors, employees, contractors and agents from and against all claims, demands, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) Your Content or your Application; (b) your use of the Service, including use by an Agent; (c) your breach of these Terms, of Apple's agreements or of applicable law; (d) any allegation that Your Content or your Application infringes or violates the rights of any person; or (e) your Credentials, your Apple account or your signing assets, except to the extent caused by our gross negligence or wilful misconduct. We shall give you prompt notice of any claim for which we seek indemnity and reasonable cooperation at your expense. You shall not settle any claim that imposes an obligation on Studio014 without our prior written consent.
17. Suspension and Termination
- Suspension. We may suspend or restrict your access, in whole or in part, immediately and without liability, if: you breach these Terms; an amount owed is unpaid; we reasonably believe your use presents a risk to the Service, to other users or to third parties; or we are required to do so by law or by Apple. Where practicable and lawful, we shall tell you the reason.
- Termination by you. You may stop using the Service at any time and may ask us to close your account by writing to the address in section 21, after cancelling any subscription. Closure does not entitle you to a refund of fees paid or Build Minutes consumed.
- Termination by us. We may terminate your account on written notice if you materially breach these Terms and do not remedy the breach within fourteen (14) days of notice, and may terminate immediately and without notice for a breach of section 8, for unlawful activity, or where continued access presents a risk. We may also end your access on reasonable notice for any other reason, including the end of a Beta. If we terminate for any reason other than your breach, we shall refund the unused portion of any credit that you purchased.
- Effect. On termination your right to use the Service ends, and we shall destroy, delete or de-identify your data as described in section 12 and in the Privacy Policy. Sections 1, 5 (last item), 7 (Compromise), 9, 10 (as to amounts owed), 11, 12, 13 to 16, 18 and 20, and every other provision that by its nature should survive, survive termination.
18. Governing Law and Disputes
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts of the Province of Alberta, sitting in Calgary, have exclusive jurisdiction over any such dispute, and each party attorns to their jurisdiction, except that Studio014 may seek injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this section limits any non-waivable right you have under the consumer protection law of your place of residence.
19. Changes to These Terms and the Service
We may amend these Terms from time to time. For a material change, we shall give you notice by email or in the Service before the change takes effect, and the Service may require you to accept the revised Terms the next time you sign in. Your continued use after the change takes effect, or your acceptance when asked, constitutes agreement to the revised Terms. If you do not agree, you must stop using the Service and may close your account before the change takes effect. We may change prices, allowances and plan terms for future periods on the same notice.
20. General
- Entire agreement. These Terms, the Privacy Policy and any plan or purchase terms shown in the Service are the entire agreement between you and Studio014 about the Service and replace all earlier agreements and understandings about it. If they conflict, the plan or purchase terms prevail for that purchase, and otherwise these Terms prevail.
- Severability. If a provision is held invalid or unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions remain in full force.
- No waiver. A failure or delay in enforcing a provision is not a waiver of it.
- Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate.
- Force majeure. Neither party is liable for a failure to perform, other than a payment obligation, caused by an event beyond its reasonable control, including failure of power, network, Apple services or third-party providers.
- Notices. We may give notice by email to the address on your account or through the Service. You shall give notice to us at the address in section 21.
- Relationship. The parties are independent contractors. No partnership, agency, employment or fiduciary relationship is created.
- Language. The parties have required that these Terms be written in English.
21. Contact
Questions about these Terms, and notices to Studio014, may be sent to: info@studio014.com