Terms of Use

END USER LICENSE AGREEMENT (EULA)

TheNovelistPro

Version 1.0 - January 1, 2026

PREAMBLE

This End User License Agreement (hereinafter "EULA" or "Agreement") constitutes a legally binding agreement between the end user (hereinafter "User" or "Licensee") and Antonio Caria (hereinafter "Licensor" or "Developer"), with registered office at Via Sicilia 20 - 09072 Cabras (OR) - Italy, for the use of the software application TheNovelistPro (hereinafter "Application" or "Software").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE APPLICATION. BY INSTALLING, COPYING, OR OTHERWISE USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree to the terms of this Agreement, do not install or use the Application and request a refund in accordance with the Apple App Store policies.

ARTICLE 1 - DEFINITIONS

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  1. "Application" or "Software": the TheNovelistPro program for macOS, including all its components, updates, patches, hotfixes, and related documentation.
  2. "Subscription": the right to use the Application granted to the User for a specified period, renewable in accordance with the terms set forth in this Agreement.
  3. "User Content": all texts, manuscripts, projects, notes, files, and any other material created, modified, imported, or managed by the User through the Application.
  4. "Third-Party Services": artificial intelligence services provided by external providers (including, but not limited to, Anthropic Claude, OpenAI, and Ollama) accessible through the Application.
  5. "Authorized Device": any Mac computer owned or under the legitimate control of the User on which the Application is permitted to be installed.
  6. "LiteraryBlueprint": the Application's proprietary system for managing narrative structure, characters, and relationships between elements of the literary project.

ARTICLE 2 - SUBJECT MATTER AND LICENSE GRANT

2.1 Grant

Subject to compliance with the terms and conditions of this Agreement and regular payment of the Subscription fee, the Licensor grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Application solely for the User's personal or professional use.

2.2 Number of Installations

The User is authorized to install and use the Application on a number of Authorized Devices in accordance with the Apple App Store conditions and the subscribed Subscription plan.

2.3 Reservation of Rights

All rights not expressly granted in this Agreement are reserved to the Licensor. This license does not constitute a sale of the Application nor a transfer of any ownership rights.

ARTICLE 3 - USE RESTRICTIONS

The User agrees not to:

  1. Copy, modify, adapt, translate, decompile, disassemble, reverse engineer, or attempt to derive the source code of the Application, except as expressly permitted by applicable law.
  2. Remove, alter, or obscure any copyright notices, trademarks, or other proprietary rights contained in the Application.
  3. Distribute, sublicense, rent, lease, or transfer the Application or license rights to third parties.
  4. Use the Application for unlawful, fraudulent purposes, or in violation of third-party rights.
  5. Use the Application to create a competing product or service.
  6. Circumvent or attempt to circumvent technical protection measures, Subscription verification systems, or Application limitations.
  7. Use the Application in a manner that violates the terms of use of the integrated Third-Party Services.

ARTICLE 4 - INTELLECTUAL PROPERTY

4.1 Licensor's Rights

The Application, including but not limited to source code, object code, user interface, design, graphics, logos, icons, documentation, algorithms, and the LiteraryBlueprint system, is the exclusive property of the Licensor and is protected by applicable copyright, patent, trademark, and trade secret laws.

4.2 Trademarks

"TheNovelistPro," the Application logo, and any other trademark, trade name, or distinctive sign associated with the Application are the exclusive property of the Licensor. Nothing in this Agreement grants the User any right to use such trademarks.

ARTICLE 5 - USER CONTENT AND FILE OWNERSHIP

5.1 Exclusive User Ownership

The User retains full and exclusive ownership of all User Content. The Application is solely a work tool and does not acquire, under any circumstances or for any reason, any ownership rights, license, or other rights over User Content, including manuscripts, plots, characters, dialogues, notes, projects, and any other creative material.

5.2 Local Storage

User Content is stored locally on the User's device or in the location chosen by the User in their file system. The Licensor does not access, store, transmit, or process User Content on its servers, except as strictly necessary for the operation of Third-Party Services, where expressly requested and authorized by the User.

5.3 No Transfer of Rights

The use of the Application does not result in any transfer, assignment, or grant of rights over User Content to the Licensor. All copyrights, moral rights, and any other intellectual property rights in User Content remain the exclusive property of the User or the rightful owners.

5.4 Post-Subscription Access

Upon expiration or termination of the Subscription, the User retains full access to their Content. Files created and saved by the User remain in the User's file system and are accessible regardless of Subscription status. The User only loses access to the Application's features, not to their content.

ARTICLE 6 - BACKUP AND DATA RESPONSIBILITY

6.1 User Responsibility

The User is solely responsible for creating and maintaining backup copies of their Content. It is strongly recommended to perform regular and frequent backups using local backup systems or third-party cloud services.

6.2 Disclaimer for Data Loss

THE LICENSOR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR THE LOSS, CORRUPTION, DAMAGE, OR INACCESSIBILITY OF USER CONTENT, regardless of the cause, including but not limited to: Application malfunctions, bugs, crashes, operating system incompatibilities, power outages, hardware failures, User errors, cyber attacks, or any other circumstance.

6.3 Recommendations

The Licensor recommends that the User: (a) perform regular backups of their projects, preferably on external media or cloud services; (b) save their work frequently while using the Application; (c) periodically verify the integrity of their backups; (d) use automatic backup systems where available.

ARTICLE 7 - THIRD-PARTY SERVICES

7.1 AI Integration

The Application may integrate with Third-Party Services for artificial intelligence functionality, including but not limited to: Anthropic (Claude), OpenAI, and Ollama. The use of such services is subject to acceptance of their respective terms of use and privacy policies.

7.2 Data Transmission

The User acknowledges and agrees that, for the operation of AI features, portions of User Content may be transmitted to Third-Party Services servers. Such transmission occurs solely at the User's express request and is limited to what is necessary for the requested processing.

7.3 Disclaimer

The Licensor is not responsible for: (a) the operation, availability, or quality of Third-Party Services; (b) the manner in which data is processed by AI providers; (c) any costs associated with the use of Third-Party Services APIs; (d) changes to the terms of use or functionality of Third-Party Services.

7.4 API Keys

Where the User uses their own API keys to access Third-Party Services, the custody and security of such keys are the sole responsibility of the User. The Licensor does not store User API keys on its servers.

ARTICLE 8 - SUBSCRIPTION AND PAYMENTS

8.1 Subscription Model

The use of the Application is subject to a paid Subscription. Monthly and/or annual subscription plans are available as indicated in the Apple App Store at the time of purchase.

8.2 Automatic Renewal

Unless canceled by the User, the Subscription automatically renews at the end of the current period. Renewal charges are processed through the User's Apple ID account within 24 hours prior to the end of the current period.

8.3 Management and Cancellation

The User may manage their Subscription and disable automatic renewal through their Apple ID account settings. Cancellation must be received at least 24 hours before the end of the current period to avoid renewal charges.

8.4 Refunds

Refund requests are handled exclusively by Apple in accordance with App Store policies. The Licensor does not have the ability to directly process refunds for purchases made through the App Store.

8.5 Price Changes

The Licensor reserves the right to modify Subscription prices. Any changes will be communicated with reasonable notice and will apply from the next renewal period.

ARTICLE 9 - CONSEQUENCES OF SUBSCRIPTION EXPIRATION

9.1 Effects of Expiration

Upon expiration or termination of the Subscription:

  1. User Content remains the property of the User and remains accessible in the file system where it was saved.
  2. The User loses access to Application features, including editing, translation, plot management, character development, and AI functionality.
  3. Project files created with the Application will remain in proprietary format but will still be accessible as files on the User's device.
  4. The User may reactivate the Subscription at any time to regain full access to features.

9.2 No Content "Hostage"

The Licensor commits not to use technologies or mechanisms that prevent the User from accessing their files upon Subscription expiration. User Content will never be deleted, encrypted, or made inaccessible due to Subscription expiration.

ARTICLE 10 - WARRANTIES AND LIMITATIONS

10.1 Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

10.2 Limitations

The Licensor does not warrant that: (a) the Application will meet the User's specific requirements; (b) the Application will operate uninterrupted, securely, or error-free; (c) the results obtained from using the Application will be accurate or reliable; (d) any errors in the Application will be corrected.

10.3 AI Functionality

Content generated by AI features is provided for assistance purposes and does not replace the User's professional judgment. The User is solely responsible for reviewing, verifying, and using such content.

ARTICLE 11 - LIMITATION OF LIABILITY

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO: (A) THE USE OR INABILITY TO USE THE APPLICATION; (B) UNAUTHORIZED ACCESS TO USER CONTENT; (C) CONDUCT OF THIRD PARTIES ON THE APPLICATION; (D) ANY OTHER MATTER RELATING TO THE APPLICATION.

11.2 Maximum Limit

IN ANY EVENT, THE LICENSOR'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT OR THE APPLICATION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Exceptions

The limitations set forth in the preceding paragraphs shall not apply to the extent that applicable law does not permit the exclusion or limitation of certain damages.

ARTICLE 12 - PRIVACY AND DATA PROTECTION

12.1 Privacy Policy

The processing of the User's personal data is governed by the Licensor's Privacy Policy, available at https://thenovelistpro.com/privacy, which forms an integral part of this Agreement.

12.2 Data Collected

The Application may collect anonymous technical data for service improvement, problem diagnosis, and aggregate usage analysis purposes. User Content is not collected or processed by the Licensor, except as strictly necessary for the operation of AI features, where expressly enabled by the User.

12.3 Regulatory Compliance

Personal data processing is carried out in compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) where applicable, and other relevant privacy legislation.

ARTICLE 13 - UPDATES AND SUPPORT

13.1 Updates

The Licensor may periodically release Application updates to fix bugs, improve features, or ensure compatibility with new versions of macOS. Updates are included in an active Subscription.

13.2 Feature Changes

The Licensor reserves the right to modify, suspend, or discontinue Application features at any time, with reasonable notice where possible.

13.3 Technical Support

Technical support is provided as indicated on the Licensor's website or within the Application. The Licensor commits to providing reasonable assistance for technical issues related to the Application.

ARTICLE 14 - TERMINATION

14.1 Termination by User

The User may terminate this Agreement at any time by ceasing to use the Application, uninstalling it from all Authorized Devices, and disabling automatic Subscription renewal.

14.2 Termination by Licensor

The Licensor may terminate this Agreement immediately, upon written notice to the User, in the event of: (a) material breach of this Agreement by the User; (b) use of the Application in violation of applicable laws; (c) conduct that harms the Licensor or other users.

14.3 Effects of Termination

Upon termination of the Agreement: (a) all rights granted to the User cease immediately; (b) the User must cease all use of the Application; (c) User Content remains the property of the User and accessible in the file system. Provisions that by their nature must survive termination (including Articles 4, 5, 6, 10, 11, 12, 16) shall remain in effect.

ARTICLE 15 - AMENDMENTS TO THE AGREEMENT

15.1 Right to Amend

The Licensor reserves the right to amend this Agreement at any time. Amendments will be communicated to the User with reasonable notice through the Application, email, or other appropriate means.

15.2 Acceptance of Amendments

Continued use of the Application following notification of amendments constitutes acceptance of the amended Agreement. If the User does not wish to accept the amendments, they may terminate the Agreement as provided in Article 14.

ARTICLE 16 - GOVERNING LAW AND JURISDICTION

16.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.

16.2 Jurisdiction

Any dispute arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Oristano, Italy, except for mandatory consumer protection forums where applicable.

16.3 Amicable Resolution

The parties agree to attempt amicable resolution of any dispute before resorting to judicial proceedings.

ARTICLE 17 - GENERAL PROVISIONS

17.1 Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms for specific services, constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior understanding, agreement, or representation.

17.2 Waiver

The failure or delay by the Licensor to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17.3 Severability

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

17.4 Assignment

The User may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Licensor. The Licensor may freely assign this Agreement.

17.5 Notices

All notices relating to this Agreement shall be sent: (a) to the User, at the email address associated with the account or through the Application; (b) to the Licensor, at the address indicated in the contact section of the Application or website.

17.6 Force Majeure

The Licensor shall not be liable for delays or failures due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.

ARTICLE 18 - APPLE APP STORE PROVISIONS

18.1 Acknowledgment

The User acknowledges that this Agreement is entered into solely between the User and the Licensor, and not with Apple Inc. ("Apple"). Apple is not responsible for the Application or its content.

18.2 Scope of License

The license granted to the User is limited to a non-transferable license to use the Application on Apple-branded products owned or controlled by the User, as provided by the App Store Usage Rules.

18.3 Maintenance and Support

Apple has no obligation to provide any maintenance or support services with respect to the Application. The Licensor is solely responsible for such services.

18.4 Warranty

In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

18.5 Claims

The Licensor, not Apple, is responsible for addressing any User or third-party claims relating to the Application, including: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation.

18.6 Intellectual Property

The Licensor, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the Application.

18.7 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon the User's acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third-party beneficiary.

18.8 Compliance

The User represents and warrants that: (a) they 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; (b) they are not listed on any U.S. Government list of prohibited or restricted parties.

CONTACT

For any questions regarding this Agreement, the User may contact the Licensor at the following:

Antonio CariaVia Sicilia 20 - 09072 Cabras (OR) - ItalyEmail: info@thenovelistpro.comWebsite: https://thenovelistpro.com

BY INSTALLING, COPYING, OR OTHERWISE USING THE APPLICATION, THE USER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

© 2026 Antonio Caria. All rights reserved.