Terms and Conditions

The following Terms and Conditions apply to the versions of Diagrams distributed through the App Store provided by Apple Inc. If you’re looking for the Terms and Conditions applicable to the Setapp distribution, please refer to this page.

These Terms and Conditions (“Terms and Conditions”) govern your access to and use of the Diagrams application (“Application”) operated by Structured Path GmbH (“Structured Path”), a limited liability company established under the laws of Germany. Please read them carefully before using the Application. By accessing or using the Application, you agree to be bound by these Terms and Conditions.

Your access to and use of the Application is also conditioned on your acceptance of and compliance with the Privacy Policy of Structured Path, which describes the policies and procedures on the collection, use, and disclosure of your personal information when you use the Application and tells you about your privacy rights and how the law protects you. Please read the Privacy Policy carefully before using the Application.

1. Free Trial

For evaluation purposes, Structured Path grants you free access to the Application for a limited period of time after downloading the Application from the App Store (“Free Trial”). You may install and use the Free Trial on multiple machines.

Upon expiration of the trial period, the Application switches to read-only mode. If you wish to continue using the editing capabilities of the Application, you will be required to unlock the full version of the Application.

Structured Path reserves the right to modify the terms of the Free Trial at any time, including changing the length of the trial period.

2. Full Version

The Application includes a one-time in-app purchase that allows you to buy the full version of the Application (“Full Version”), which grants you access to all features of the Application, even after the expiration of the Free Trial.

Purchases made through the Application are processed by the App Store you downloaded the Application from and use the payment method configured with your App Store account. By performing a purchase, you agree to these Terms and Conditions and the App Store’s own terms and conditions.

If any in-app purchase doesn’t work, Structured Path will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. Structured Path will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you with a patch to repair the fault. In no event will Structured Path charge you to replace or repair the in-app purchase. In the unlikely event that Structured Path is unable to replace or repair the relevant in-app purchase or is unable to do so within a reasonable period of time and without significant inconvenience to you, Structured Path will authorize the App Store to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store directly.

Apple Inc., who operates the App Store, doesn’t share any customer data with Structured Path, including the payment method or billing information. If you have any payment-related issues with in-app purchases, then you need to contact the App Store directly.

3. Price Changes

Structured Path, in its sole discretion and at any time, may modify the pricing of the offered in-app purchases. Any pricing change will become effective immediately without prior notice, but it won’t be applied retroactively, meaning that if you unlocked the Full Version by paying for an in-app purchase, you won’t be charged again.

4. Refunds

In-app purchases are subject to the App Store’s refund policy. If you wish to request a refund, you may do so by contacting the App Store directly.

5. Termination

Structured Path may terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Application will cease immediately.

6. Intellectual Property

The Application and its original content, features, and functionality are and will remain the exclusive property of Structured Path and its licensors. The Application is protected by copyright, trademark, and other laws of both Germany and foreign countries. The trademarks of Structured Path may not be used in connection with any product or service without the prior written consent of Structured Path.

7. Limitation of Warranty

You expressly acknowledge and agree that the use of the Application is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you. The Application and its accompanying materials are provided on an “as-is” and “as available” basis without warranty, express or implied, of any kind.

Structured Path disclaims all warranties and conditions with respect to the Application, including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and of non-infringement. No oral or written advice given by Structured Path or its staff shall create a warranty.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Structured Path or anyone else who has been involved in the creation, production, or delivery of the Application be liable for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use Application, even if Structured Path has been advised of the possibility of such damages.

In no event shall Structured Path’s total aggregate and cumulative liability to you for any and all claims of any kind arising out of or in any way relating to the Application exceed the costs paid by you for the Application.

Notwithstanding the above or anything else contained in these Terms and Conditions, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany, excluding any conflicts of law rules.

10. Changes

Structured Path reserves the right, in its sole discretion, to modify or replace these Terms and Conditions at any time. Please check back from time to time for updates.

By continuing to access or use the Application after new revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Application.

11. Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

12. Contact

If you have any questions about these Terms and Conditions, you can contact us by email at mail@diagrams.app.

Last updated: June 28, 2022