Terms of Use

1. Who we are and what these terms cover

These Terms of Use (the “Terms”) are an agreement between you and Vikom Media, of Vancouver, Canada (“Vikom Media”, “we”, “us”). They govern your use of the Disk Map software for macOS, including its updates, documentation and any content in it (the “App”), and of the website at diskmap.app (the “Site”). If you use the App on behalf of an organisation, you accept these Terms for that organisation and confirm you’re authorised to do so, and “you” includes it.

How we handle information is described in our Privacy Policy, which forms part of these Terms.

2. Your licence to use the App

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use the App, in object code form only, on Macs that you own or control, for your personal or internal business purposes. If you obtained the App from the Mac App Store, the number of Macs and the ways you may use it are also governed by the Usage Rules in Apple’s Media Services Terms and Conditions.

The App is licensed, not sold. We and our licensors keep all rights, title and interest in the App and the Site, including all intellectual property rights, except the rights expressly granted to you. “Disk Map”, its icon and our logos are our trademarks; these Terms give you no right to use them.

3. What you may not do

Except where applicable law expressly permits it despite this restriction, you may not, and may not let anyone else: (a) copy, modify, translate or create derivative works of the App; (b) reverse engineer, decompile, disassemble or try to derive its source code; (c) rent, lease, lend, sell, redistribute, sublicense or host the App for others, or offer it as a service; (d) remove, change or bypass any notice, code signature, notarization, licence or update mechanism; (e) use the App to access data or systems you aren’t authorised to access, or in breach of any law; or (f) use the App or Site in a way that could harm us, our infrastructure, or other users.

4. Updates

We may release updates that fix problems, change or remove features, or add new ones. The version downloaded from the Site checks for updates automatically and, by default, installs them when you quit the App; you can turn this off in the App’s Settings. The Mac App Store version is updated through the App Store. These Terms apply to every update unless it comes with different terms. We are not obliged to provide updates, support or maintenance, or to keep any version or feature available.

5. Removing files: your responsibility

The App can move files and folders to the Trash, empty the Trash, and ask macOS to delete local Time Machine snapshots. Some of these actions can’t be undone. The App identifies caches, build output and similar items that the software that created them can usually recreate, but it can’t know how you use your Mac: something it lists may matter to you, may take a long time or cost money to recreate, or may not be recreatable at all.

You alone decide what to remove, and you are solely responsible for reviewing each item before you confirm, and for keeping current, tested backups of anything you value. To the extent permitted by law, we are not responsible for any loss of data, files, projects, settings or time resulting from anything you choose to remove with the App, or from the App’s descriptions or size figures.

Sizes and other figures shown by the App are estimates based on what macOS reports; they may differ from what Finder or other tools show, and the space actually freed may differ from the estimate (for example, because of APFS clones, snapshots, or files other programs change).

6. Third-party software and services

The App runs on Apple’s macOS and uses its services. The download version includes the open-source Sparkle framework, which is licensed under its own terms (the MIT licence and others, reproduced in the App’s bundle); nothing in these Terms limits your rights under those licences. The Site is delivered through third-party hosting and network providers. We aren’t responsible for third-party software, services or websites, and your use of them may be subject to their terms.

7. Feedback

If you send us ideas, suggestions or other feedback, you allow us to use it for any purpose without restriction or compensation to you. We aren’t obliged to use it.

8. Fees

If we charge for the App or any part of it, the price and payment terms will be shown before you pay. Purchases through the Mac App Store are handled by Apple, under Apple’s terms, including its refund policies; we can’t process refunds for App Store purchases.

9. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND. We disclaim all warranties, representations and conditions, whether express, implied, statutory or arising from a course of dealing or usage of trade, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We don’t warrant that the App or Site will meet your needs, be uninterrupted, timely, secure or error-free, that figures it shows will be accurate, that it will be compatible with any hardware, software or future version of macOS, or that defects will be corrected. No advice or information, oral or written, obtained from us creates any warranty not stated in these Terms.

Some jurisdictions don’t allow certain warranties to be excluded, so some of these exclusions may not apply to you. In that case, any warranty that can’t be excluded is limited to the shortest period and narrowest scope the law allows.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIKOM MEDIA, ITS OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, FILES, PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, COST OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE APP, THE SITE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP, THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) FIFTY CANADIAN DOLLARS (CAD $50).

These limits apply even if a remedy fails of its essential purpose, and they reflect an allocation of risk between you and us that is part of the basis of our bargain; without them we could not offer the App on these terms. They don’t limit liability that can’t be limited by law, such as for death or personal injury caused by negligence, or for fraud.

11. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Vikom Media and its owners, directors, employees and contractors from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the App or Site, or your violation of any law or the rights of a third party.

12. Ending these Terms

These Terms apply until ended. You can end them at any time by deleting the App from all your Macs. Your licence ends automatically, without notice, if you breach these Terms. We may also end these Terms or stop offering the App or Site at any time. When the Terms end, you must stop using the App and delete all copies. Sections 2 (second paragraph), 3, 5, 7 and 9 to 17 continue to apply after the Terms end.

13. Export and sanctions

You may not use, export or re-export the App except as authorised by the laws of Canada, the United States and the jurisdiction where you got it. In particular, you may not export it to any embargoed country or to anyone on a Canadian, U.S. or other applicable sanctions or restricted-party list, and you confirm you are not located in such a country or on such a list. You also confirm you won’t use the App for any purpose prohibited by those laws.

14. Governing law and disputes

These Terms, and any dispute arising out of or relating to them, the App or the Site, are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You and we submit to the exclusive jurisdiction of the courts of British Columbia, sitting in Vancouver, except that we may seek an injunction or other urgent relief to protect our intellectual property in any court with jurisdiction.

Before starting any claim, please contact us at [email protected] and give us 30 days to try to resolve it informally.

15. Consumers

Nothing in these Terms excludes or limits any right or remedy you have as a consumer that can’t lawfully be excluded or limited by contract, including under the consumer protection laws of your province, state or country of residence (for example, Quebec’s Consumer Protection Act, or the mandatory laws of the European Union or United Kingdom). If you are a consumer living in such a place, you may also be entitled to bring proceedings in the courts where you live, and the mandatory provisions of your local law apply in addition to these Terms.

16. Mac App Store copies

If you obtained the App from the Mac App Store, the following also applies, and prevails over anything inconsistent in these Terms:

1. These Terms are between you and Vikom Media only, not Apple Inc. (“Apple”). Vikom Media, not Apple, is solely responsible for the App and its content.
2. Your licence to the App is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Vikom Media is solely responsible for any maintenance and support of the App. Apple has no obligation to provide any maintenance or support services for it.
4. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are Vikom Media’s responsibility, to the extent not effectively disclaimed under these Terms.
5. Vikom Media, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. These Terms do not limit Vikom Media’s liability to you beyond what is permitted by applicable law.
6. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, Vikom Media, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
7. You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Questions, complaints or claims about the App should be sent to Vikom Media at [email protected].
9. You must comply with applicable third-party terms of agreement when using the App.
10. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Where Apple’s Licensed Application End User License Agreement would otherwise apply to your App Store copy, these Terms apply in its place, as Apple permits developers to provide their own licence agreement.

17. General

Entire agreement. These Terms, with the Privacy Policy, are the entire agreement between you and us about the App and Site, and replace any earlier agreement on that subject. Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. No waiver. Not enforcing a right isn’t a waiver of it. Assignment. You may not assign or transfer these Terms without our written consent; we may assign them, for example in connection with a merger, acquisition or sale of assets. Force majeure. We aren’t liable for any delay or failure caused by events beyond our reasonable control. Relationship. Nothing in these Terms creates a partnership, employment or agency relationship. Language. The parties have required that these Terms and all related documents be drawn up in English. Les parties ont exigé que les présentes conditions et tous les documents connexes soient rédigés en anglais. Headings are for convenience only.

Changes. We may change these Terms from time to time. We’ll post the new version here with a new date and, for material changes, give notice in the App’s release notes or on the Site before they take effect. Changes don’t apply retroactively. By continuing to use the App or Site after changes take effect, you accept them; if you don’t agree, stop using the App and delete it.

18. Contact

Vikom Media, Vancouver, Canada. Email: [email protected].