Effective Date: 1 April 2026
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you ("User") and Sunfall (ABN 41 425 801 597), located at PO Box 2446, Clarkson, WA 6030, Australia ("Licensor") for use of the Temper application ("Software") and related website. By clicking "I Agree," installing, or otherwise accessing or using the Software, Website, or related services, you accept and agree to be bound by the terms of this Agreement. If you do not agree, do not install, access, or use the Software or Website.
In this Agreement, unless the context requires otherwise:
The Website is provided solely for the purpose of providing information about and facilitating the purchase of the Software. Purchases are processed by Lemon Squeezy (Lemon Squeezy, LLC), which acts as the merchant of record for all transactions. Your use of the Lemon Squeezy checkout is subject to Lemon Squeezy's own Terms of Service.
By accessing or using the Website, you agree to the terms of this Agreement as they relate to Website use. You may not use the Website for any unlawful purpose or in any manner that could damage, disable, or impair the Website's operation.
Subject to the terms of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, perpetual license to install and use the Software on the number of Devices specified by your purchased License Tier, solely for your personal or internal business purposes. This license remains in effect indefinitely, provided you remain in compliance with this Agreement. It may only be terminated in accordance with Section 19.
Each license is granted to a single named individual. Only the individual to whom the license is issued may use the Software, regardless of how many Devices the License Tier permits. The multiple Device entitlement is provided so that a single User may install the Software across their own Devices (for example, a work desktop and a personal laptop). It does not permit multiple individuals to share a single license.
If you are purchasing on behalf of an organisation, each individual who will use the Software requires their own license.
The features, activation limits, and other entitlements of each License Tier are described on the Website and form part of this Agreement at the time of your purchase.
The Software includes a 30-day free trial period beginning on your first use. During the trial, all features are fully available. After the trial expires, you must purchase a license to continue using the Software. The Software will become unusable after the trial period ends until a valid license is purchased and activated.
Each individual is entitled to only one (1) trial period per major version of the Software (as indicated by a change in the first numeral of the version number), or one (1) trial period every twenty-four (24) months, whichever occurs first. You may not attempt to obtain additional trial periods beyond this entitlement, whether by reinstalling the Software, using a different Device, or by any other means.
You retain all rights to any Output you create during the trial period in accordance with Section 7. Any attempt to circumvent or extend the trial period by technical means constitutes a breach of this Agreement.
A purchased license is activated using a unique License Key tied to a machine identifier. Each License Key may be activated on the number of Devices specified by your License Tier. You may deactivate a Device to free an activation slot. An internet connection is required for license activation and deactivation.
After successful activation, the Software operates fully offline. No periodic internet connection is required for ongoing use of an activated license.
License activation services are provided through a third-party platform. If the activation service is permanently discontinued through no fault of yours, Licensor will use reasonable efforts to provide an alternative activation method or software update that allows continued use of the Software at the version to which you are entitled.
If Licensor permanently ceases business operations, Licensor will use reasonable efforts to release a final update or patch that removes the activation requirement, or to otherwise make the Software available in a form that does not depend on Licensor's continued operation.
You may not:
You may make a reasonable number of backup copies of the Software installation files solely for archival and disaster-recovery purposes.
The Software is licensed, not sold. Licensor retains all rights, title, and interest in and to the Software and the Website, including all intellectual property rights. Nothing in this Agreement transfers any ownership interest in the Software or the Website to you.
You retain all rights, title, and interest in and to any Output you create using the Software, including Output created during any trial period. Licensor claims no ownership, license, or other interest in your Output. Nothing in this Agreement restricts your right to use, distribute, sell, or otherwise exploit your Output for any purpose.
The Software is a general-purpose drafting tool. It is not certified or warranted for use in safety-critical applications, including but not limited to structural engineering, construction, medical device design, or any application where a software defect could result in death, personal injury, or significant property damage. You are solely responsible for independently verifying the accuracy and suitability of any Output before relying on it for professional, regulatory, or compliance purposes.
A purchased license includes one (1) year of free updates from the date of purchase. After this period, the Software continues to function at the last entitled version, but access to new updates requires a new license purchase at the then-current pricing.
Licensor will endeavour to respond to support enquiries during the update entitlement period as soon as reasonably practicable, but does not guarantee specific response times. Support for versions beyond their update entitlement period may be provided at Licensor's discretion but is not guaranteed.
Support enquiries may be directed to support@tempercad.com.
All purchases of the Software are processed by Lemon Squeezy (Lemon Squeezy, LLC), which acts as the merchant of record for all transactions. This means Lemon Squeezy is the entity that processes your payment, collects applicable taxes, and appears on your billing statement. The license to use the Software is granted by Licensor under this Agreement; Lemon Squeezy facilitates the sale transaction on Licensor's behalf.
Pricing, applicable taxes, accepted payment methods, and displayed currency are determined at the time of purchase through the Lemon Squeezy storefront. By completing a purchase, you also agree to Lemon Squeezy's Terms of Service. In the event of any conflict between Lemon Squeezy's Terms of Service and this Agreement regarding the scope or terms of your license to use the Software, this Agreement prevails.
Voluntary Refund Period. If you are not satisfied with the Software for any reason, you may request a full refund within fourteen (14) days of your original purchase date, no questions asked. To request a refund, contact Licensor at support@tempercad.com. Refunds are processed through Lemon Squeezy. Upon receiving a valid refund request, Licensor will initiate the refund via the Lemon Squeezy platform. Processing times may vary depending on your payment provider.
Merchant of Record Refunds. As merchant of record, Lemon Squeezy reserves the right to issue refunds at its own discretion within sixty (60) days of purchase in order to prevent chargebacks or resolve payment disputes. Licensor is not liable for any refund issued by Lemon Squeezy under its own policies. Any license associated with a refunded purchase - whether initiated by Licensor or by Lemon Squeezy - will be deactivated, and you must cease use of the Software.
Australian Consumer Law Remedies. If the Software has a major failure as defined under the Australian Consumer Law, you are entitled to a replacement or refund. For minor failures, Licensor will endeavour to resolve the issue within a reasonable timeframe. These remedies apply regardless of and in addition to the voluntary refund period above.
If you provide any Feedback to Licensor, you grant Licensor a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable licence to use, reproduce, modify, and incorporate such Feedback into the Software or any other product or service without obligation or compensation to you. You are not required to provide Feedback, and all Feedback is voluntary.
The Software may collect anonymous crash reports to improve stability. No personal data, project files, or usage patterns are collected. Crash reporting can be disabled in the application preferences.
Licensor processes any data it collects in accordance with applicable data protection and privacy laws, including the Privacy Act 1988 (Cth) and, where applicable, the European Union General Data Protection Regulation (EU 2016/679). For further details, refer to the Temper Privacy Policy available at www.tempercad.com/legal/privacy.
The Software may include third-party libraries or open-source components, each subject to their own license terms. A list of third-party notices and attributions is available within the Software under Preferences > About > Open Source Libraries.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THIS DISCLAIMER DOES NOT EXCLUDE OR LIMIT ANY CONSUMER GUARANTEE THAT CANNOT LAWFULLY BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE OR WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR BUSINESS INTERRUPTION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE LIABILITY CANNOT BE EXCLUDED BY LAW, LICENSOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO LICENSOR FOR THE SOFTWARE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement. If the Software is not of a kind ordinarily acquired for personal, domestic, or household use, Licensor's liability for breach of any implied condition or warranty is limited, at Licensor's option, to the resupply of the Software or the payment of the cost of having the Software resupplied.
If you are a consumer in a jurisdiction whose mandatory consumer protection laws cannot be overridden by contract, nothing in this Agreement limits or excludes any rights you have under those laws. Where any provision of this Agreement conflicts with a mandatory consumer protection law applicable to you, the mandatory law prevails to the extent of the inconsistency, but the remainder of this Agreement continues to apply in full.
You agree to indemnify, defend, and hold harmless Licensor from and against any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Software or Website in breach of this Agreement; or (b) your violation of any applicable law or regulation in connection with your use of the Software or Website.
This Agreement is effective until terminated. You may terminate this Agreement at any time by ceasing all use of the Software and destroying all copies in your possession.
If you breach any term of this Agreement, Licensor will provide you with written notice specifying the breach. You will have thirty (30) days from receipt of such notice to cure the breach. If the breach is not cured within that period, your rights under this Agreement will terminate immediately.
Notwithstanding the above, Licensor may terminate this Agreement immediately upon written notice for breaches that are not reasonably capable of remedy, including but not limited to redistribution of the Software, reverse engineering, sharing your License Key with third parties, or allowing other individuals to use the Software under your license.
Upon termination, you must cease all use of the Software and destroy all copies, including any backup copies made under Section 6. You retain all rights to any Output created prior to termination in accordance with Section 7.
Licensor reserves the right to modify this Agreement from time to time. Updated terms will be posted at www.tempercad.com/legal/eula and Licensor will use reasonable efforts to notify you of material changes at least thirty (30) days before they take effect, via the Software, email, or the Website. Material changes will not retroactively alter the terms applicable to a license already purchased and paid for during its current license period. If you do not agree to the revised terms, you may stop using the Software and, where applicable, request a pro-rata refund for any prepaid and unused license period. Continued use of the Software after the effective date of the revised terms constitutes your acceptance of those terms.
You may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of Licensor. Licensor may assign this Agreement, in whole or in part, at any time without notice to you, including in connection with a merger, acquisition, or sale of assets.
The failure of Licensor to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Licensor.
Any notice required or permitted under this Agreement shall be in writing. Notices to Licensor shall be sent to support@tempercad.com or PO Box 2446, Clarkson, WA 6030, Australia. Notices to you shall be sent to the email address associated with your license purchase. A notice is deemed received when delivered by email, provided no delivery failure notification is received by the sender.
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.
This Agreement, together with the License Tier terms published on the Website at the time of your purchase and the Temper Privacy Policy, constitutes the entire agreement between you and Licensor with respect to the Software and Website and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
This Agreement shall be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to conflict of law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Western Australia.
If you have any questions about this Agreement or the Software, you may contact Licensor at:
support@tempercad.com