BayDraft

BayDraft End User License Agreement

Version 1.1 — Effective July 31, 2026

This is the currently published version. The copy inside your installed copy of the app — About → End User License Agreement, readable offline — is the version that shipped with that release, and is the version you agreed to. Open-source attributions for the software BayDraft is built on are listed in the app under About → Open source licenses.

This End User License Agreement (this "Agreement") is a binding legal contract between you ("you" or "your") and Bill Sharar II ("Licensor," "we," "us," or "our"), the developer and operator of the BayDraft stage-planning application and its related online services.

PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP OR THE SERVICE, OR BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP OR THE SERVICE.

SECTION 21 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW IT CAREFULLY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 21.7.

1. Definitions

"App" means the BayDraft client software application in object-code form, including all versions, updates, upgrades, patches, bug fixes, and accompanying documentation, for any platform on which we make it available.

"Service" means the BayDraft hosted backend, including our application programming interfaces (the "API"), servers, databases, asset libraries, synchronization, sharing, export, artificial-intelligence features, and any other functionality we provide over a network.

"Account" means the registered user account through which you access the Service.

"Subscription Tier" means a level of Service access — including any free tier — with the feature set, usage limits, quotas, and price that we designate for it from time to time.

"Household Member" has the meaning given in Section 5.2.

"Permitted Users" means you and your Household Members, collectively.

"Personal Organizational Use" has the meaning given in Section 5.4.

"Your Content" means the stage designs, scene graphs, names, notes, tags, metadata, images, exports, and other material you create, upload, or store using the App or the Service.

"Licensor Content" means the App, the Service, the API, the prop and bay asset library (including all 3D model, texture, and image files), the stage-planning data schemas, thumbnails, icons, documentation, and all other material we make available, together with all modifications and derivative works of any of the foregoing.

2. Acceptance and Eligibility

2.1 Agreement to Be Bound. This Agreement takes effect the first time you download, install, access, or use the App or the Service, and remains in effect until terminated under Section 18.

2.2 Age. You must be at least 13 years old to use the App. If you are under 18 (or the age of majority where you live), you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to be bound by this Agreement on your behalf. You must be at least 18 to create an Account or purchase a paid Subscription Tier.

2.3 Authority. If you accept this Agreement on behalf of a company, club, match, range, or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity. Note that use by or for an organization is not licensed under this Agreement, except for the Personal Organizational Use permitted by Section 5.4 — see Section 5.5.

2.4 Not Available Where Prohibited. You may not use the App or the Service if you are barred from doing so under applicable law, or if you are located in, ordinarily resident in, or a national of a country or region subject to comprehensive U.S. sanctions or embargo.

3. License to the App

3.1 Grant. Subject to your continuous compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and run one copy of the App in object-code form on devices that you own or control, solely for your own personal, non-commercial stage-planning purposes, those of your Household Members, and Personal Organizational Use as permitted by Section 5.4.

3.2 The App Is Licensed, Not Sold. The App is licensed to you, not sold. We and our licensors retain all right, title, and interest in and to the App, the Service, and all Licensor Content, including all intellectual property rights. No rights are granted to you except as expressly stated in this Agreement, and no rights are granted by implication, estoppel, or otherwise.

3.3 Free Use of the App. We currently make the App available at no charge. Nothing in this Agreement obligates us to continue doing so. We may at any time, in our sole discretion, introduce charges for the App, change which functionality is available without an Account, or discontinue the App entirely.

3.4 App Store Terms. If you obtained the App from a third-party application marketplace (each, an "App Store"), your use is also subject to that App Store's terms, including any usage rules governing the number of devices on which you may install the App. Section 24 contains additional App Store–specific terms.

3.5 Updates. We may make updates, upgrades, patches, and new versions of the App available from time to time. Some updates may be required for continued access to the Service. We have no obligation to provide any update, or to continue supporting any prior version, platform, or operating-system release.

4. The Service, Accounts, and Subscription Tiers

4.1 Registration Required. The App requires an Account and at least one successful connection to the Service before its editing features become available. Certain functionality — including library updates, cross-device synchronization, and sharing — requires ongoing network access to the Service.

4.2 Accurate Information. You agree to provide accurate, current, and complete information when you register and to keep it up to date.

4.3 Account Security. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account, whether or not authorized by you. You agree to notify us promptly at legal@baydraft.app of any unauthorized use or suspected compromise of your Account. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

4.4 One Account Per Person. You may hold only one Account. You may not create an Account by automated means, create an Account on behalf of anyone other than yourself (except as permitted by Section 2.3), or create a new Account after we have suspended or terminated a prior Account of yours.

4.5 Subscription Tiers. Access to the Service is provided through Subscription Tiers. We determine, in our sole discretion, the features, storage limits, request quotas, rate limits, and other usage limits associated with each Subscription Tier, and we may change them at any time. Features described in marketing material, documentation, or roadmaps are not guaranteed and may change or be removed.

4.6 Free Tier. Any free Subscription Tier is provided as a convenience and may be modified, limited, suspended, or discontinued at any time, for any reason, with or without notice.

4.7 Fair Use. Even where a Subscription Tier is described as unlimited, your use must be consistent with normal individual and household use. We may throttle, suspend, or terminate access that, in our reasonable judgment, imposes a disproportionate burden on our infrastructure or is inconsistent with the intended use of the Service.

5. Permitted Users and Permitted Uses

5.1 Scope of Access. Access to the Service under your Account is licensed solely to you and your Household Members. Permitted Users may use the Service only through your Account or, where we make it available, through household sub-profiles that we expressly designate as such.

5.2 "Household Member" Defined. A "Household Member" is an individual who resides in the same primary private residence as you. For clarity, a Household Member does not include, regardless of family relationship or personal friendship:

5.3 No Sharing Beyond the Household. You may not sell, rent, lease, lend, sublicense, share, transfer, or otherwise make your Account, credentials, API tokens, or Service access available to any person who is not a Permitted User. You are responsible for each Household Member's compliance with this Agreement, and any act or omission by a Household Member that would breach this Agreement is deemed your breach.

5.4 Personal Organizational Use.

(a) Grant. Subject to subsection (c) and to Section 5.5, you may use the App and the Service to design, plan, and prepare stages for a club, range, squad, or match in which you personally participate as a member, competitor, volunteer, or unpaid match official, and to deliver the resulting stage designs to that organization and its participants using the sharing and export features described in Section 5.6. This is "Personal Organizational Use."

(b) Personal to You; No Additional Access. Personal Organizational Use is personal to you and extends only to your own use of your own Account. It does not make any club, range, match, or other organization a party to this Agreement, does not grant any organization a license to the App or the Service, and does not permit any other individual to access the App or the Service through your Account or credentials. Sections 5.1, 5.2, and 5.3 apply without modification.

(c) Subscription Tier. We may designate Personal Organizational Use as a feature of one or more specific Subscription Tiers under Section 4.5. Until we designate otherwise on notice under Section 25, Personal Organizational Use is available under every Subscription Tier, including any free tier.

(d) Scope. Personal Organizational Use does not include any activity described in Section 5.5.

5.5 Other Organizational and Commercial Use Is Not Licensed. Except as expressly permitted by Section 5.4, the license granted in this Agreement does not permit use of the Service by or for a club, range, match, sanctioning body, retailer, training organization, or other entity, and does not permit you to design stages as a paid or unpaid service for third parties outside your household. Without limiting the foregoing, this Agreement does not license you to:

We may permit some or all of these uses in the future, whether as a feature of one or more Subscription Tiers under Section 4.5 or otherwise. Nothing in this Agreement obligates us to do so, and no such use is permitted unless and until we say so in writing.

5.6 Sharing Individual Stage Designs. Where we provide a feature that generates a share link or an exported file for a specific stage design, using that feature as intended is permitted and is not a violation of Section 5.3. Sharing a design is permitted; sharing access to your Account or the Service is not.

6. Fees, Billing, and Renewal

6.1 Fees. Paid Subscription Tiers are billed in advance at the price and billing interval disclosed at the time of purchase. All fees are stated in U.S. dollars unless otherwise indicated.

6.2 Automatic Renewal. UNLESS YOU CANCEL BEFORE THE END OF THE THEN-CURRENT BILLING PERIOD, YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUCCESSIVE PERIOD OF THE SAME LENGTH, AND THE PAYMENT METHOD ON FILE WILL BE CHARGED THE THEN-CURRENT RATE. You may cancel at any time; cancellation takes effect at the end of the current billing period.

6.3 Purchases Through an App Store. If you purchase a subscription through an App Store, that App Store — not us — processes your payment, and its billing, renewal, cancellation, and refund policies govern the transaction. You must manage or cancel such a subscription through your App Store account settings.

6.4 Price Changes. We may change our prices. For paid Subscription Tiers, we will give you reasonable advance notice, and the new price will apply at your next renewal. Continuing to use a paid Subscription Tier after a price change takes effect constitutes acceptance of the new price.

6.5 No Refunds. EXCEPT WHERE REQUIRED BY APPLICABLE LAW OR BY APP STORE POLICY, ALL FEES ARE NON-REFUNDABLE, AND WE DO NOT PROVIDE REFUNDS OR CREDITS FOR PARTIAL BILLING PERIODS, UNUSED CAPACITY, OR PERIODS OF UNAVAILABILITY.

6.6 Taxes. Prices exclude taxes. You are responsible for all sales, use, value-added, and similar taxes, excluding taxes on our net income.

6.7 Non-Payment. If a charge fails or a payment is past due, we may suspend or downgrade your Service access without liability until payment is received.

7. Restrictions

You will not, and will not permit, encourage, or assist any third party to:

7.1 Reverse Engineering. Reverse engineer, decompile, disassemble, decrypt, deobfuscate, or otherwise attempt to derive or reconstruct the source code, underlying ideas, algorithms, file formats, protocols, data schemas, model weights, prompts, or internal structure of the App, the Service, or the API, or attempt to do any of the foregoing, except and only to the extent that this restriction is expressly prohibited by applicable law that cannot be waived by contract — and in that case, only after you have given us written notice at legal@baydraft.app and a reasonable opportunity to provide the interoperability information you seek.

7.2 Modification and Derivative Works. Modify, adapt, translate, port, or create derivative works of the App, the Service, the API, or any Licensor Content; or combine or integrate any of the foregoing with other software except as we expressly permit.

7.3 Circumvention. Circumvent, disable, bypass, or interfere with any authentication, licensing, entitlement, quota, rate limit, digital rights management, security, or access-control mechanism; misrepresent your Subscription Tier; or access any feature, endpoint, dataset, or capability that your Subscription Tier does not include.

7.4 Unauthorized Access. Access the Service or the API by any means other than the interfaces we provide and document; use any automated system — including bots, scrapers, spiders, crawlers, or headless clients — to access the Service, harvest data, or bulk-download the asset library; or build, train, or improve any machine-learning model using the Service, the API, or Licensor Content.

7.5 Competing Products. Use the App, the Service, the API, or any Licensor Content to design, develop, market, or operate a product or service that competes with BayDraft; or use them for competitive analysis or benchmarking without our prior written consent.

7.6 Redistribution. Sell, resell, rent, lease, lend, distribute, publish, host, sublicense, or make the App, the Service, the API, or the asset library available to any third party, including as part of a service bureau, time-sharing, or outsourcing arrangement.

7.7 Notices. Remove, alter, or obscure any copyright, trademark, watermark, or other proprietary notice in the App, the Service, or any Licensor Content or export.

7.8 Interference. Interfere with or disrupt the integrity, security, or performance of the App, the Service, or any related network; probe, scan, or test their vulnerability; or transmit any virus, worm, or other malicious code.

7.9 Excess Load. Exceed applicable quotas or rate limits, or generate load that is abusive, automated, or otherwise inconsistent with individual household use.

7.10 Unlawful Use. Use the App or the Service in violation of any applicable law, regulation, export control, or third-party right.

8. Your Content

8.1 You Own Your Content. As between you and us, you retain all right, title, and interest in and to Your Content. We claim no ownership of it.

8.2 License You Grant to Us. You grant us a worldwide, non-exclusive, royalty-free, fully paid license to host, store, copy, transmit, cache, reformat, render, index, create technical derivative works of (such as thumbnails, previews, exports, and schema migrations), and display Your Content, solely as necessary to operate, maintain, secure, troubleshoot, and improve the App and the Service and to provide the features you request — including generating share links and exports at your direction. This license ends when you delete Your Content or terminate your Account, except for reasonable backup copies retained for a limited period and for any content you have shared publicly that recipients have already retained.

8.3 Your Responsibility. You represent and warrant that you have all rights necessary to Your Content and that Your Content does not infringe, misappropriate, or violate any third-party right or applicable law.

8.4 Shared Content. If you generate a share link or otherwise publish a stage design, you are solely responsible for what you share and with whom. Anyone holding a share link may be able to view the associated design.

8.5 We May Remove Content. We may, but are not obligated to, review Your Content. We may remove, disable access to, or refuse to host any content that we reasonably believe violates this Agreement or applicable law, or that exposes us to liability.

8.6 BACKUPS ARE YOUR RESPONSIBILITY. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUP COPIES OF YOUR CONTENT. WE DO NOT GUARANTEE THAT YOUR CONTENT WILL BE STORED, RETAINED, PRESERVED, OR RECOVERABLE, AND WE ARE NOT LIABLE FOR ANY LOSS, CORRUPTION, DELETION, OR UNAVAILABILITY OF YOUR CONTENT.

9. Acceptable Use

You will not use the App or the Service to: engage in unlawful, fraudulent, harassing, defamatory, or abusive conduct; infringe intellectual property or privacy rights; upload malicious code; impersonate any person or entity; collect personal information about others without authorization; or design, plan, or facilitate any act intended to cause physical harm to any person.

10. Artificial-Intelligence Features

10.1 Drafts Only. The App may offer features that generate or critique stage designs using artificial intelligence, including third-party AI models. ALL AI-GENERATED OUTPUT IS A DRAFT AND IS PROVIDED FOR YOUR REVIEW ONLY. It is never automatically applied, published, or treated as final.

10.2 No Reliance. AI output may be inaccurate, incomplete, non-compliant with any rulebook, unsafe, or otherwise unsuitable. You are solely responsible for independently reviewing, verifying, and correcting all AI output before relying on it or acting on it. See also Section 11.

10.3 Inputs and Outputs. You are responsible for the material you submit to AI features. Output may not be unique; similar output may be generated for other users. We make no representation that AI output is original, non-infringing, or protectable.

10.4 Third-Party Providers. AI features may transmit your inputs to third-party model providers, whose terms and privacy practices apply to that processing.

10.5 Usage Limits. AI features may be limited by Subscription Tier and are subject to quotas that we may change at any time.

11. Safety, Rules Compliance, and No Certification

11.1 PLANNING TOOL ONLY. THE APP IS A DESIGN AND VISUALIZATION TOOL. IT IS NOT A SAFETY DEVICE, A CERTIFICATION SERVICE, A RANGE-DESIGN ENGINEERING SERVICE, OR A SUBSTITUTE FOR THE JUDGMENT OF A QUALIFIED RANGE OFFICER, MATCH DIRECTOR, RANGE MASTER, OR SAFETY OFFICER.

11.2 NO SAFETY REPRESENTATION. WE DO NOT REPRESENT, WARRANT, OR CERTIFY THAT ANY STAGE DESIGN CREATED, EDITED, GENERATED, VALIDATED, OR DISPLAYED IN THE APP IS SAFE, SHOOTABLE, LEGAL, OR COMPLIANT WITH ANY RULEBOOK, DIVISION SPECIFICATION, SAFETY STANDARD, BERM OR IMPACT-AREA REQUIREMENT, SAFE-ANGLE-OF-FIRE REQUIREMENT, RICOCHET OR SPLATTER CONSIDERATION, MINIMUM-DISTANCE REQUIREMENT, INSURANCE REQUIREMENT, OR ANY FEDERAL, STATE, OR LOCAL LAW OR ORDINANCE.

11.3 Your Sole Responsibility. You are solely responsible for ensuring that any stage you build or shoot in the physical world is reviewed and approved by appropriately qualified personnel, complies with the applicable sanctioning body's current rulebook, complies with the rules and physical constraints of the range where it is built, and complies with all applicable law. Round counts, dimensions, distances, sight lines, angles, and validation warnings shown in the App are estimates produced from a simplified model and may be wrong.

11.4 Assumption of Risk. SHOOTING SPORTS INVOLVE INHERENT AND SIGNIFICANT RISK OF SERIOUS BODILY INJURY, DEATH, AND PROPERTY DAMAGE. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISK ARISING FROM ANY USE OF, OR RELIANCE ON, ANY STAGE DESIGN OR INFORMATION OBTAINED THROUGH THE APP OR THE SERVICE.

11.5 Release. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE US AND OUR AFFILIATES, LICENSORS, AND SUPPLIERS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO THE PHYSICAL CONSTRUCTION, SETUP, USE, OR SHOOTING OF ANY STAGE DESIGNED OR VISUALIZED WITH THE APP.

12. Trademarks and No Affiliation

12.1 No Affiliation. BayDraft is an independent product. We are not affiliated with, endorsed by, sponsored by, certified by, or in any way officially connected with the United States Practical Shooting Association (USPSA), the International Defensive Pistol Association (IDPA), the International Practical Shooting Confederation (IPSC), the Steel Challenge Shooting Association (SCSA), or any other sanctioning body, range, manufacturer, or organization.

12.2 Third-Party Marks. USPSA, IDPA, IPSC, Steel Challenge, and all other names, logos, and marks referenced in the App are the trademarks or registered trademarks of their respective owners. They are used solely for nominative, descriptive, and interoperability purposes to identify the shooting disciplines and equipment types that the App supports.

12.3 Rulebooks. Rulebooks, division specifications, target specifications, and classification systems are the property of their respective sanctioning bodies. The App's representations of them are approximations for planning purposes only, may be out of date, and are not authoritative. Always consult the current official rulebook.

12.4 Our Marks. "BayDraft" and our logos are our trademarks. You may not use them without our prior written permission, except to refer accurately to the App.

13. Intellectual Property

13.1 Ownership. We and our licensors own all right, title, and interest in and to the App, the Service, the API, and all Licensor Content, including the 3D asset library, and all intellectual property rights in each of them. This Agreement does not transfer any ownership interest to you.

13.2 Asset Library. The prop, target, and bay asset library is licensed to you solely for use within the App to create stage designs. You may not extract, export, redistribute, resell, or use library assets outside the App, or in any other software, game, engine, rendering pipeline, or product.

13.3 Your Exports. Diagrams, PDFs, and images that you export from your own stage designs are yours to use for your personal and household stage-planning purposes, including sharing them with match staff for a match you are involved in. This does not grant you any right to extract or redistribute the underlying library assets or Licensor Content.

13.4 Reservation. All rights not expressly granted to you are reserved by us and our licensors.

14. Third-Party and Open-Source Components

The App includes third-party and open-source components licensed under their own terms, which are made available in the App under "Open source licenses." Those terms govern your use of those components and, to the extent they conflict with this Agreement with respect to those components, control. Third-party components are provided by their respective licensors without warranty, and we disclaim all liability for them.

15. Availability, Changes, and Beta Features

15.1 No Uptime Commitment. The Service is provided on an as-available basis. We do not commit to any level of availability, uptime, throughput, latency, or support, and we may impose or change quotas and rate limits at any time.

15.2 Modification and Discontinuation. We may modify, suspend, limit, or discontinue the App, the Service, the API, any Subscription Tier, or any feature at any time, with or without notice. Where we discontinue a paid Subscription Tier entirely, our sole obligation is to refund the unused, prepaid portion of your then-current billing period.

15.3 Offline Functionality. Some App functionality may work without a network connection after initial setup. We do not warrant that any particular feature will remain available offline, and offline data may be lost if the App is uninstalled or its local storage is cleared.

15.4 Beta Features. Features designated as alpha, beta, preview, early access, or experimental are provided for evaluation only, may be changed or withdrawn at any time, may contain defects, and are provided AS IS without any warranty or support obligation whatsoever.

16. Privacy

Our collection and use of personal information is described in our Privacy Policy, available at https://baydraft.app/privacy, which is incorporated into this Agreement by reference. By using the App and the Service, you consent to that collection and use. We may also collect and use anonymized, aggregated, and de-identified data derived from use of the App and the Service for any lawful business purpose, including improving our products.

17. Feedback

If you send us suggestions, ideas, feature requests, bug reports, or other feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, modify, and commercialize the Feedback for any purpose, without any obligation, attribution, or compensation to you. Feedback is provided voluntarily and is not confidential.

18. Term and Termination

18.1 Term. This Agreement remains in effect until terminated.

18.2 Termination by You. You may terminate at any time by ceasing all use of the App and the Service, deleting the App from your devices, and, if you wish, deleting your Account.

18.3 Termination or Suspension by Us. We may suspend or terminate your Account, your license, or your access to the App or the Service, in whole or in part, immediately and without notice, if we reasonably believe you have breached this Agreement, if required by law, if your Account is inactive for an extended period, or if we discontinue the App or the Service. We may also terminate a free Subscription Tier at any time for any reason.

18.4 Effect of Termination. On termination, all licenses granted to you end immediately, and you must stop using and delete all copies of the App. We may delete Your Content and your Account data after termination, and you may lose access to it permanently. Except as expressly stated in Sections 6.5 and 15.2, termination does not entitle you to any refund.

18.5 Survival. Sections 1, 3.2, 5.3, 7, 8.2–8.6, 10, 11, 12, 13, 14, 17, 18.4, 18.5, and 19 through 26 survive any termination.

19. Disclaimer of Warranties

THE APP, THE SERVICE, THE API, THE ASSET LIBRARY, AND ALL LICENSOR CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE APP OR THE SERVICE IS FREE OF HARMFUL COMPONENTS; THAT ANY DATA WILL BE PRESERVED, ACCURATE, OR RECOVERABLE; OR THAT ANY STAGE DESIGN, MEASUREMENT, ROUND COUNT, VALIDATION RESULT, OR AI OUTPUT IS ACCURATE, COMPLIANT, OR SAFE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND SHORTEST DURATION PERMITTED BY LAW.

20. Limitation of Liability

20.1 EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA; FOR BUSINESS INTERRUPTION; FOR COST OF SUBSTITUTE PRODUCTS OR SERVICES; OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO THE APP, THE SERVICE, ANY STAGE DESIGN, OR THIS AGREEMENT — HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP, THE SERVICE, OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US$50).

20.3 Essential Basis. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND REFLECT AN AGREED ALLOCATION OF RISK THAT FORMS AN ESSENTIAL BASIS OF THIS AGREEMENT. WITHOUT THESE LIMITATIONS, THE PRICING OF THE APP AND THE SERVICE WOULD BE SUBSTANTIALLY DIFFERENT.

20.4 Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD, OR GROSS NEGLIGENCE. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

21. Governing Law and Dispute Resolution

21.1 Governing Law. This Agreement is governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Informal Resolution First. Before initiating any formal proceeding, you agree to contact us at legal@baydraft.app with a written description of the dispute and to negotiate in good faith for at least thirty (30) days.

21.3 Binding Arbitration. If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the App, or the Service will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in Williamson County, Texas, or, at your election, by telephone, videoconference, or documents-only submission. The arbitrator's award may be entered in any court of competent jurisdiction. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs this Section.

21.4 CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. If this Section 21.4 is found unenforceable as to a particular claim, that claim will proceed in court under Section 21.6, and all other claims remain in arbitration.

21.5 Small Claims and Injunctive Relief. Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or equitable relief in court to protect its intellectual property or confidential information without first complying with Sections 21.2 and 21.3.

21.6 Court Venue. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Williamson County, Texas, and waive any objection to that venue. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

21.7 Your Right to Opt Out of Arbitration. You may opt out of Sections 21.3 and 21.4 by sending written notice to legal@baydraft.app within thirty (30) days of first accepting this Agreement, stating your name, the email address on your Account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of this Agreement or your use of the App.

21.8 Time Limit. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP, OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS PERMANENTLY BARRED.

22. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless us and our affiliates, licensors, suppliers, and their respective officers, directors, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your or any Household Member's use of the App or the Service; (b) your breach of this Agreement; (c) Your Content; (d) your violation of any law or third-party right; or (e) the physical construction, setup, or shooting of any stage designed or visualized using the App. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us.

23. Export Controls and Government End Users

You represent that you are not located in, and will not use or export the App in violation of, any U.S. export control or sanctions law, and that you are not listed on any U.S. government restricted-party list. The App is "commercial computer software" and "commercial computer software documentation." U.S. Government end users acquire only those rights set forth in this Agreement, consistent with FAR 12.212 and DFARS 227.7202.

24. App Store Terms

24.1 Apple. If you obtained the App from the Apple App Store, the following applies, and to the extent it conflicts with the rest of this Agreement with respect to that copy of the App, it controls:

24.2 Other Marketplaces. If you obtained the App from Google Play, the Microsoft Store, or another marketplace, that marketplace's operator is not a party to this Agreement, has no responsibility for the App, and provides no warranty or support for it, except as its own terms require.

25. Changes to This Agreement

We may modify this Agreement from time to time. If we make a material change, we will provide reasonable notice — for example, by updating the "Version" and "Effective" date above and by notifying you in the App, by email, or on our website. Changes take effect when posted, or on the effective date stated in the notice. YOUR CONTINUED USE OF THE APP OR THE SERVICE AFTER A CHANGE TAKES EFFECT CONSTITUTES ACCEPTANCE OF THE MODIFIED AGREEMENT. If you do not agree, you must stop using the App and the Service and may terminate under Section 18.2. Changes will not apply retroactively to a dispute of which we had notice before the change.

26. General

26.1 Entire Agreement. This Agreement, together with the Privacy Policy and any order or purchase terms presented at the time of a transaction, is the entire agreement between you and us regarding its subject matter, and supersedes all prior or contemporaneous understandings, communications, proposals, and representations, whether oral or written.

26.2 Severability. If any provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed; the remaining provisions remain in full force and effect.

26.3 No Waiver. Our failure or delay in enforcing any provision is not a waiver of it, and no waiver is effective unless in writing and signed by us.

26.4 Assignment. You may not assign or transfer this Agreement or any rights under it, by operation of law or otherwise, without our prior written consent; any attempt to do so is void. We may assign this Agreement freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

26.5 No Third-Party Beneficiaries. Except as stated in Section 24.1 (Apple) and for the indemnified parties named in Section 22, there are no third-party beneficiaries to this Agreement.

26.6 Force Majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, power or internet failures, or failures of third-party hosting, network, or model providers.

26.7 Independent Contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship.

26.8 Notices and Electronic Communications. You consent to receive communications from us electronically, including at the email address associated with your Account, and agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to us must be sent to legal@baydraft.app.

26.9 Headings. Headings are for convenience only and do not affect interpretation.

26.10 Interpretation. "Including" means "including without limitation." This Agreement will not be construed against either party as drafter.

26.11 Language. This Agreement is written in English. Any translation is provided for convenience only, and the English version controls.

27. Contact

Bill Sharar II 651 N. Highway 183 #335, #4162, Leander, TX 78641 legal@baydraft.app

© 2026 Bill Sharar II. All rights reserved.