END USER LICENSE AGREEMENT (EULA)
Burlap Application for macOS
Effective Date: November 19, 2025
Version: 1.0
IMPORTANT - READ CAREFULLY
This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity, "Licensee") and Third Wall Studio Incorporated ("Licensor") for the Burlap software application for macOS, including any associated media, printed materials, and electronic documentation (collectively, the "Software").
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Licensor hereby grants Licensee a non-exclusive, non-transferable, limited license to:
1.1 Installation and Use
Install and use one copy of the Software on a single Mac computer owned or controlled by Licensee for personal or internal business purposes.
1.2 Backup Copy
Make one backup copy of the Software for archival purposes only, provided that the backup copy includes all copyright and other proprietary notices contained on the original.
2. RESTRICTIONS
Licensee SHALL NOT:
2.1 Prohibited Actions
- Distribute, rent, lease, sell, sublicense, assign, or otherwise transfer the Software or any rights therein
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software
- Remove, alter, or obscure any proprietary notices on the Software
- Use the Software for any unlawful purpose or in violation of any applicable laws
- Use the Software to develop competing products or services
- Share account credentials or Burlap Credits with third parties
- Circumvent or attempt to circumvent the credit system or any security measures
2.2 Third-Party Components
The Software integrates with third-party AI services (OpenAI, Google AI, Runway AI). Licensee must comply with all applicable third-party terms and conditions.
3. OWNERSHIP
3.1 Software Ownership
The Software is licensed, not sold. Licensor and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant Licensee any rights to trademarks or service marks.
3.2 User-Generated Content
Licensee retains ownership of any original content created using the Software, subject to any rights of third-party AI service providers as specified in their respective terms of service. You own the rights to AI-generated output to the extent permitted by the third-party AI provider terms.
4. BURLAP CREDIT SYSTEM
4.1 Credit Requirements
Use of AI features within the Software requires Burlap Credits, which must be purchased separately through the Software.
4.2 Credit Terms
- Credits are non-refundable and non-transferable
- Credits have no cash value outside the Software
- Unused credits may expire according to the terms specified at time of purchase
- Licensor reserves the right to modify credit pricing and consumption rates with reasonable notice
5. UPDATES AND SUPPORT
5.1 Updates
Licensor may, at its discretion, provide updates, upgrades, or new versions of the Software. Such updates may be subject to additional or different terms.
5.2 Support
Technical support, if any, is provided at Licensor's discretion and may be subject to separate terms and fees.
6. DATA COLLECTION AND PRIVACY
6.1 Data Processing
The Software processes data through third-party AI services. By using the Software, Licensee acknowledges that data may be transmitted to and processed by these third parties.
6.2 Privacy Policy
Use of the Software is subject to Licensor's Privacy Policy, which details data collection, use, and protection practices.
7. WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. The Software does not provide legal, medical, financial, or professional advice.
8. LIMITATION OF LIABILITY
8.1 Damages Limitation
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Maximum Liability
LICENSOR'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
9. INDEMNIFICATION
Licensee agrees to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of Licensee's use of the Software or breach of this Agreement.
10. TERMINATION
10.1 Termination Events
This Agreement terminates automatically if Licensee:
- Fails to comply with any term or condition of this Agreement
- Violates third-party AI service provider terms
- Engages in fraudulent activity related to the credit system
10.2 Effect of Termination
Upon termination, Licensee must:
- Cease all use of the Software
- Destroy all copies of the Software
- Forfeit any unused Burlap Credits without refund
11. EXPORT COMPLIANCE
Licensee agrees to comply with all applicable export laws and regulations and acknowledges that the Software may be subject to export restrictions. You agree to comply with U.S. export control laws, including restrictions on AI model outputs.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of Delaware without regard to conflict of law principles. Any disputes shall be resolved exclusively in the courts of Delaware.
13. ENTIRE AGREEMENT
This Agreement, together with the Terms of Service, Privacy Policy, Credit Policy, and AI Processing Notice, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings regarding the Software.
14. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.
15. NO WAIVER
Failure to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.
16. ASSIGNMENT
Licensee may not assign or transfer this Agreement without Licensor's prior written consent. Licensor may assign this Agreement without restriction.
17. CONTACT INFORMATION
For questions regarding this Agreement, contact:
Third Wall Studio Incorporated
112 Greene Street
New York, NY 10012
privacy@thirdwallstudio.com
https://burlap.app
BY INSTALLING OR USING THE SOFTWARE, LICENSEE ACKNOWLEDGES HAVING READ THIS AGREEMENT, UNDERSTANDING IT, AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS.