Hype Apps End User License Agreement (Shipyard and hype)

Version: 1.0 · Effective: November 6, 2026

This EULA is a contract between you and Fluency Software Inc., a Massachusetts corporation doing business as "Hype Apps" ("we", "us"). It covers the Shipyard desktop app and the hype command-line tool, with their updates, built-in components and documentation (the "Software"). Our Terms of Service cover our online services and are part of this EULA; if the two conflict, this EULA governs the Software.

By checking the box and clicking "I agree" in Shipyard, or typing "yes" in hype, you accept this EULA. The Software won't run until you do. Please read §2 (it's a tool), §5 (publishing), §9 (no warranty), §10 (limit on liability) and §11 (your indemnity). We record your acceptance with your license or device.

In short:

1. Who can accept

Only an adult (18 or older, or the age of majority where you live if higher) or an organization such as a school may accept this EULA and buy a license. Ages 13 to 17 may use the Software under a parent, guardian, or teacher or school who accepts this EULA for them and is responsible for their use. No one under 13 may use it. If you accept for an organization, you confirm you can bind it.

2. It's a tool

3. Your license

Demo (free). You may use Shipyard free of charge to build apps and run them in the Hype Apps app (My Apps), within the limits shown on hypeapps.dev. Demo doesn't include hype, on-device AI, or the features marked for paid licenses. We may change what Demo includes.

Paid licenses. When you buy and activate a paid license, we grant you a perpetual, non-exclusive license, transferable only as §15 allows, to install and use the Software, version 1.0 and every 1.x update we release, on these devices at a time (any mix of Mac, Linux and Windows):

License Devices Production apps
Hype Apps 1.0 3, used by you alone 1 ticket; more at the price shown at checkout
App Chad 10, used by you alone Unlimited, for normal use (below)

Unlimited, for normal use (App Chad). "Unlimited" means apps you build in good faith for normal use. Copies or minor variations of one another, or apps that would breach a store's spam rules (such as App Store Review Guideline 4.3), aren't covered. We may set a working limit and raise it on request, and we may limit or revoke the license for apps that break this paragraph.

4. Production app tickets

A ticket lets you publish one app as its own standalone store app, under your name and icon, on the Apple App Store and Google Play.

5. Publishing to the stores: your accounts, your responsibility

You are the creator, developer and publisher of every app you make, and you alone are responsible for it: its content, users, data, store listing, privacy policy, and compliance with every store's rules and the law. We provide the tools only.

Keeping a published app the same app. HAM screens are built from components inside your app, so you can change how an app looks and what it shows without a store update. That's what HAM is for. But you must not use an update that skips the store to avoid store review.

We aren't responsible for anything done with your credentials, or for store rejections, removals, account suspensions, fees or policy changes.

6. What you may not do

7. Ownership and AI

8. What the Software sends us

License activation and check-ins (your key, a random device ID, your computer's name and platform); ticket checks (the app's identifiers and name); AI model downloads (your license, device and the model); update checks (the version); and what you choose to send (publishing to My Apps, pairing, feedback). No analytics, advertising or crash reporting, and your published apps send us nothing. Details: the Privacy Policy.

9. No warranty

THE SOFTWARE IS PROVIDED "AS IS". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T PROMISE THAT THE SOFTWARE IS ERROR-FREE, THAT IT WILL BUILD EVERY APP, THAT WHAT IT BUILDS WILL WORK ON EVERY DEVICE, OR THAT ANY STORE WILL ACCEPT IT. Pre-release versions (0.x, beta) may change or break.

Consumers: some places, including Massachusetts, don't allow some of these exclusions for consumers. Where that's so, they don't apply to you, you keep your legal rights, and our Refund Policy also applies.

10. Limit on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (a) WE AREN'T LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL; (b) WE AREN'T LIABLE FOR YOUR APPS OR WHAT THEY DO, OR FOR ANY STORE'S DECISION ABOUT YOUR APP OR ACCOUNT; (c) OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT THE SOFTWARE, THE SERVICES, THIS EULA AND THE TERMS TOGETHER IS LIMITED TO THE GREATER OF US$100 OR WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

These limits don't apply where the law doesn't allow them, such as for fraud, gross negligence, willful misconduct, death or personal injury, or consumer rights that can't be waived.

11. Your indemnity

If someone else makes a claim against us arising from your apps or your breach of this EULA, you'll defend us and pay the resulting costs, damages and reasonable legal fees, as set out in §15 of the Terms of Service.

12. Third-party components

The Software includes open-source components (among them Flutter and Dart, BSD; llama.cpp, MIT), each under its own license. AI models you download are made by third parties and come under their own licenses. Those licenses govern those components, and nothing here limits your rights under them.

13. Ending your license

14. Changes to this EULA

For a material change we'll email you at least 30 days ahead and ask you to accept again in Shipyard or hype before your next update after that date. If you don't accept, you can keep the version you have, under the EULA you accepted. Your perpetual license isn't affected.

15. Export, law, disputes, general