Terms of Service

These Terms of Service (these “Terms”) are a legal agreement between you and Adversaria LLC (“Adversaria,” “we,” “us”), a Wyoming limited liability company. They govern your use of the websites at solidly.dev and app.solidly.dev, your Solidly account, the account service that the website version of Solidly uses to confirm a free trial or a purchase, the free trial, and buying Solidly from solidly.dev (together, the “Services”).

Section 16 contains an agreement to resolve disputes by binding individual arbitration and a waiver of class and representative proceedings. They apply if you reside in the United States, and you may opt out of them as Section 16 describes.

1. Acceptance of these Terms

You accept these Terms by creating a Solidly account, by starting a free trial, by buying Solidly, or by otherwise using the Services. If you do not accept these Terms, you may not use the Services.

2. Other documents that apply

Installing and using the Solidly application is governed by the End User License Agreement(the “License Agreement”). Our Privacy Policy describes how we handle personal information, and Purchases and Refunds describes who sells Solidly and how refunds are handled. Where these Terms and the License Agreement conflict, the License Agreement controls for the application and these Terms control for the Services.

3. Eligibility

You must be at least 13 years old to use the Services, and at least 16 in countries where that is the minimum age for consent to the processing of personal data. If you are under the age of legal majority where you live, you may use the Services and buy Solidly only with the consent of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Services.

You may not use the Services if applicable law prohibits you from doing so, including United States sanctions law. If you use the Services on behalf of an organization, you confirm that you are authorized to accept these Terms for it, and “you” includes that organization.

4. Your Solidly account

A Solidly account is required to use the website version of Solidly, to start its free trial, and to buy Solidly on solidly.dev. The version of Solidly distributed through the Mac App Store does not use a Solidly account. You agree to provide accurate information, to keep your sign-in credentials secure, and to tell us promptly if you believe that someone else has used your account. You are responsible for activity under your account.

Unless your purchase covers more people, an account is for a single person, and sharing an account so that more than one person can use a trial or a purchase is not permitted. An account may be used with Solidly on up to two Macs. Your account page lets you remove a Mac from your account, subject to the limits shown there. Section 1 of the License Agreement sets out these limits.

You can add several sign-in methods to the same account, including a password, Google and Apple. Accounts created under different email addresses cannot be merged.

You can delete your account from your account settings. Deletion is staged for seven days, during which you can sign in and cancel it, and it is irreversible after that, including the record that your account owns Solidly. Deleting an account does not make its Macs eligible for another free trial. Our Privacy Policy describes what is deleted and what is kept.

5. The free trial

Each new Solidly account is eligible for one free trial of Solidly. The trial provides every function of Solidly for 30 days, beginning when the trial is started in the website version of Solidly, and it is governed by Section 1 of the License Agreement.

No payment details are requested for the trial, and nothing is charged for it. The trial ends automatically at the end of the trial period. It does not renew and does not convert into a purchase. When it ends, Solidly cannot be used until it is bought. The end of the trial does not affect your files, which remain on your Mac.

A trial is limited to one per account and one per Mac. A Mac that has taken part in a free trial for any Solidly account cannot take part in a free trial for another account. A trial can be used on up to two Macs signed in to the same account, and a second Mac joins the trial already running, with the same end date.

You may not create additional accounts, alter or falsify any identifier or your Mac’s date and time, or use any other means to obtain more than one free trial or to extend a trial. We may end a trial that was obtained or used in breach of these Terms or the License Agreement.

We may change the length of free trials, or suspend or stop offering them, at any time. Such a change does not shorten a trial that has already started, except as the previous paragraph provides.

The version of Solidly distributed through the Mac App Store offers its own free trial as an in-app purchase made through Apple. That trial belongs to your Apple Account and is governed by the License Agreement and by Apple’s terms rather than by this section.

6. Buying Solidly

Solidly Standard is a one-time, permanent purchase. Solidly is licensed rather than sold: buying it grants a license to use Solidly on the terms of the License Agreement, and it does not transfer ownership of the software. There is no subscription, and nothing further is charged after the purchase. A purchase includes every later version of Solidly at no additional charge, on the terms in Section 4 of the License Agreement, which also states what counts as an update.

A purchase made on solidly.dev belongs to your Solidly account and can be used on up to two Macs signed in to that account. A purchase made in the Mac App Store belongs to your Apple Account. A purchase made in one store does not unlock the version of Solidly distributed through the other. A purchase that covers more people or Macs covers the number of people and Macs stated at the time of purchase.

The website version of Solidly must connect to the internet periodically to confirm your trial or purchase, as Section 1 of the License Agreement describes.

Stripe, and not Adversaria, sells Solidly to you when you buy it from solidly.dev. Stripe acts as merchant of record. It takes payment, calculates and remits any tax, issues your receipt and provides support for the transaction, under its own terms. Your card statement may show a line naming Stripe or its payment services rather than Adversaria. If you buy Solidly through the Mac App Store, Apple is the seller and Apple’s terms govern the transaction. In either case, we grant the license and provide support for the product itself.

Prices are stated in US dollars, may be shown in your local currency at checkout, and may change. The price that applies is the one displayed at checkout, together with any tax calculated there. A later change to the price does not affect a purchase already made: we will not charge you more, and a reduction does not entitle you to a refund of the difference. Refunds are covered by Purchases and Refunds.

7. Bug reports, suggestions and files you send us

We welcome bug reports and feature suggestions, and a useful bug report often includes the file that caused the problem. The following terms apply to anything you send us.

Send us only files that you are free to share, and do not send confidential material. We are not able to receive material under a duty of confidence and do not accept one. If a file is covered by a client agreement or a non-disclosure agreement, describe the problem instead, or send a file that reproduces it without the confidential content.

What we may do with what you send. You keep ownership of any file or content you send us. You give us permission to store and use it for the purpose for which you sent it, which is reproducing and fixing the problem and testing that the fix works. We delete files sent for support when we no longer need them for that purpose, and we do not use them for anything else, including training machine-learning models, without asking you first.

Suggestions. If you suggest a feature or an improvement, we may use it without restriction, obligation or payment. We do not agree to keep a suggestion confidential, and we may already be working on the same thing.

8. Acceptable use

When using the Services, you may not:

• attempt to disrupt, overload, or gain unauthorized access to the Services;
• probe or test the security of the Services, except as invited by a published disclosure process;
• scrape or harvest data from the Services, including email addresses;
• create accounts by automated means, or use the Services to send unsolicited messages;
• misrepresent who you are, use someone else’s account, or share your account with another person;
• create more than one account, or use any other means, to obtain more than one free trial or to extend a trial;
• alter, falsify or interfere with any identifier, date, time or other information that the Services rely on to confirm a trial or a purchase;
• circumvent any limit on the number of people or Macs that an account covers; or
• use the Services for any unlawful purpose.

9. Suspension and termination

We may suspend or close an account, or end a free trial, if it is used in material breach of these Terms or the License Agreement, or where the law requires us to. Where it is reasonable to do so, we will tell you first and give you an opportunity to correct the breach. If we close your account for a reason other than your breach, we will refund what you paid for a purchase that you can no longer use.

You may stop using the Services at any time and delete your account as Section 4 describes. Sections 7 and 11 through 18 survive the termination of these Terms.

10. Availability and changes to the Services

We aim to keep the Services available but do not promise that they will operate without interruption. We may change, suspend or discontinue any part of the Services. Where reasonably practicable, we will give notice before permanently discontinuing a part of the Services that is needed to use a purchased copy of Solidly.

11. Intellectual property

The Services and their contents, including text, images, renders, logos, and the Solidly name and mark, are owned by Adversaria or its licensors and are protected by intellectual property laws. You may not copy, modify or use them except as needed to use the Services, or with our prior written permission. Solidly™ and Adversaria™ are trademarks of Adversaria LLC. Mac, macOS and Apple are trademarks of Apple Inc. Other names are trademarks of their respective owners. Credits for third-party work are on our Attribution and Third-Party Notices pages.

12. Third-party services

Signing in with Google or Apple, paying through Stripe and Link, and buying through the Mac App Store are provided by those companies under their own terms and privacy policies. We are not responsible for their services, and your use of them is at your own discretion.

13. Disclaimer of warranties

To the maximum extent permitted by law, the Services, including the free trial, are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure. Nothing in these Terms excludes or limits rights you have as a consumer that cannot be excluded or limited under the law of your country of residence.

14. Limitation of liability

To the maximum extent permitted by law, Adversaria will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits, revenue, business or goodwill, arising out of or relating to the Services or these Terms, on any theory of liability, even if we have been advised of the possibility. Our total aggregate liability for all claims relating to the Services or these Terms will not exceed the greater of the amount you paid for Solidly in the twelve months before the event giving rise to the claim, or one hundred US dollars ($100).

These limits apply to the free trial as well as to purchases, and they apply even if a remedy fails of its essential purpose. They do not apply to liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, or for fraud.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold Adversaria harmless from claims, losses and costs, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Services, or content you send us that you did not have the right to send.

16. Governing law and dispute resolution

Governing law. These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of this section. If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of your country of residence.

Informal resolution first.Before beginning arbitration or any other proceeding, the party raising a dispute must send the other a written notice that describes the dispute and the relief sought and gives the claimant’s name and the email address of any Solidly account involved, and must allow sixty days for the dispute to be resolved informally. Notices to us must be sent to support@getadversaria.com, and notices to you will be sent to the email address of your Solidly account, if you have one. Any limitation period is suspended while this process is under way.

Binding individual arbitration.If you reside in the United States, any dispute arising out of or relating to the Services or these Terms that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, rather than in court. Fees are payable as those rules provide. The arbitration will be conducted by written submission, by telephone, or in the county where you reside, at your election, and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. If the AAA is unable or unwilling to administer the arbitration, it will be administered by another arbitration provider agreed by the parties or, failing agreement, appointed by a court under 9 U.S.C. § 5. The arbitrator decides every question about the scope and enforceability of this arbitration agreement, except that a court decides any question about the waiver of class and representative proceedings below. Either party may instead bring an individual claim in small claims court, and either party may ask a court for injunctive relief to protect intellectual property rights.

Waiver of class and representative proceedings. Arbitration under this section is individual. Neither you nor we may bring a claim as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate the claims of more than one person or preside over a representative proceeding. If this paragraph is held unenforceable, the preceding paragraph is void in its entirety and the dispute will be resolved in the courts named below.

How to opt out. You may decline binding individual arbitration and the waiver of class and representative proceedings by sending written notice to support@getadversaria.com within thirty days of first accepting these Terms, stating your name and that you opt out of arbitration. Section 12 of the License Agreement contains the same provisions for disputes about the Solidly application, and a notice opting out under either document opts you out under both. Opting out affects nothing else in these Terms, and we will not treat it as a reason to refuse you service.

Courts. Where binding individual arbitration does not apply, whether because you reside outside the United States, because you opted out, or because it is held unenforceable, any dispute relating to these Terms or the Services will be resolved in the state or federal courts located in Wyoming, and you consent to their jurisdiction. If you are a consumer, this does not deprive you of the right to bring proceedings in your country of residence.

Changes to this section. A change to this section does not apply to a dispute that either party had notified to the other before the change took effect.

17. Changes to these Terms

We may change these Terms. A change takes effect when it is posted on this page with a new effective date. If a change is material, we will give you reasonable notice before it takes effect, by email to the address of your Solidly account or in the application. If you continue to use the Services after a change takes effect, you accept the changed Terms. A change does not apply to a dispute notified before it took effect, as Section 16 provides.

18. General

Entire agreement. These Terms, together with the documents they refer to, are the entire agreement between you and us concerning the Services, and they supersede any prior understanding on that subject.

Assignment. You may not assign or transfer these Terms. We may assign them in connection with a merger, acquisition or sale of assets.

Severability and waiver. If any provision of these Terms is unenforceable, it is modified to the minimum extent necessary and the remainder stays in effect. A failure to enforce a provision is not a waiver of it.

Events beyond our control. We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including failures of networks, hosting or payment providers.

Notices. We may give you notices by email to the address of your Solidly account, in the application, or by posting them on the Services. You may give us notices at support@getadversaria.com.

Language. These Terms are written in English. If they are translated, the English version controls to the extent permitted by law.

19. Contact

Adversaria LLC · 30 N Gould St, Ste N, Sheridan, WY 82801 · support@getadversaria.com