Version 1.0 — Last updated February 22, 2026
This End User License Agreement ("EULA") is a legal agreement between you ("User") and Penguinboi Software, operated by Skyler Lister Aley ("we," "us," or "our"). By downloading, installing, accessing, or using any of our software products, you agree to be bound by the terms of this agreement.
This EULA covers all Penguinboi Software products, including:
If you do not agree to these terms, do not download, install, or use the software.
Subject to the terms of this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to use our software for personal, non-commercial purposes. This license does not transfer any ownership of the software or any intellectual property rights to you.
You may not:
All rights, title, and interest in and to the software — including all source code, object code, artwork, audio, text, and other content — remain the exclusive property of Penguinboi Software. The software is protected by copyright laws and international intellectual property treaties.
© 2025–2026 Penguinboi Software. All rights reserved.
Some of our products incorporate open-source software components licensed under their respective terms:
Our software may connect to third-party services, including but not limited to AI providers (Anthropic, Replicate), payment processors (Stripe), and analytics services (Google Analytics). Your use of these third-party services is subject to their respective terms of service and privacy policies. See our Privacy Policy for details on data collection by third-party services.
We may release updates, patches, or new versions of our software at our discretion. We reserve the right to modify, suspend, or discontinue software features at any time. Your continued use of the software after any updates constitutes acceptance of those changes. We are not obligated to provide updates, maintenance, or support for any product.
Our software may collect certain data as described in our Privacy Policy. By using our software, you consent to the data collection practices described therein.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENGUINBOI SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).
This license is effective until terminated. It will terminate automatically if you fail to comply with any term of this EULA. Upon termination, you must immediately cease all use of the software and destroy all copies in your possession.
The following sections survive termination: Intellectual Property, Warranty Disclaimer, Limitation of Liability, and Governing Law.
The following additional terms apply to PenguinClock and any other software obtained through Apple's App Store ("App Store Products"). These terms are required by Apple and supplement the general terms above.
You acknowledge that this EULA is between you and Penguinboi Software only, and not with Apple Inc. ("Apple"). Penguinboi Software, not Apple, is solely responsible for the App Store Products and their content.
The license granted to you for App Store Products is limited to a non-transferable license to use the App Store Product on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Penguinboi Software is solely responsible for providing any maintenance and support services with respect to the App Store Products, as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Products.
Penguinboi Software is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of an App Store Product to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Product to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Product.
You acknowledge that Penguinboi Software, not Apple, is responsible for addressing any claims you or any third party may have relating to the App Store Products, including but not limited to: (a) product liability claims; (b) any claim that the App Store Product fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that an App Store Product or your possession and use of that App Store Product infringes that third party's intellectual property rights, Penguinboi Software, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
For any questions, complaints, or claims regarding App Store Products, please contact us at: penguinboisoftware@gmail.com
This EULA shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
If you have questions about this EULA, please contact us at:
Email: penguinboisoftware@gmail.com
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