Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of the BPA1 Personal desktop application (the "App") and this website (together, the "Services"). By installing or using the App, or by using this website, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use the Services. We reserve the right to modify these Terms at any time, and such modifications will be effective when posted on this page. If you install the App from the Microsoft Store, Microsoft's Store terms also apply to the download.

The App is Free and Local

BPA1 Personal is currently offered free of charge through the Microsoft Store. No account is required, and there are no subscription fees.

• Your projects and data are stored locally on your device — we do not host them
• Optional AI features require your own OpenAI API key; any charges for that usage are between you and OpenAI, under OpenAI's terms
• You are responsible for backing up your own project files

Eligibility

By using the Services, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• You are not prohibited from using the Services under any applicable law

Use of the Services

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App for your personal or internal business purposes. Apps and read-only copies you build with BPA1 Personal are yours to use and share.

Prohibited Activities

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Distribute modified, malicious or repackaged copies of the App
• Use the App to create, store or distribute unlawful content
• Attempt to gain unauthorized access to systems or data belonging to others
• Misrepresent apps you build with BPA1 Personal as being made or endorsed by us

Intellectual Property

Our Intellectual Property

The App, this website and all of their content, features and functionality (including software, text, displays, images and the design, selection and arrangement thereof) are owned by BPA1, its licensors, or other providers and are protected by copyright, trademark and other intellectual property laws.

Your Content

You retain all rights to the projects, apps, data and documents you create with BPA1 Personal ("Your Content"). Because Your Content is stored locally on your device and never transmitted to us, we claim no license over it whatsoever.

You are responsible for ensuring that Your Content, and your sharing of it, does not violate any third-party rights or applicable laws.

Updates and Availability

We may release updates to the App from time to time, and we reserve the right to:

• Modify, add or remove features of the App in any release
• Discontinue distribution of the App or this website at any time
• Change the App's pricing for future versions, with the then-current Store listing controlling

Because the App runs locally, versions you have already installed continue to work regardless of the availability of this website.

Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that the data you store and process in your own projects complies with all applicable data protection and privacy laws that apply to you.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or availability
• Warranties that the Services will meet your requirements
• Warranties that the Services will be uninterrupted, secure, or error-free

We do not warrant that the App will be compatible with your hardware or software, that any errors will be corrected, or that output produced by optional AI features will be accurate — always review AI-generated apps and answers before relying on them.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BPA1 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use of or inability to use the Services
• Loss of or damage to data stored in your local projects
• Output of optional AI features used with your own API key
• Any content obtained from the Services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless BPA1, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content or apps you build and share with others

Termination

We may terminate the license granted to you under these Terms if you breach them, or if we are required to do so by law. You may stop using the Services at any time by uninstalling the App.

Because your projects are ordinary local files, termination of these Terms does not delete or affect Your Content. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law provisions. Nothing in these Terms limits any non-excludable rights you may have under consumer protection laws that apply to you, including the Australian Consumer Law.

Any disputes arising out of or relating to these Terms or the Services shall be brought in the courts of New South Wales, Australia, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BPA1 regarding the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.