Acres

End User License Agreement

Effective 31 August 2026

This End User License Agreement (the “Agreement”) is a binding legal agreement between you (“you” or “your”) and First Aligned LLC (“First Aligned,” “we,” “us,” or “our”), a limited liability company formed under the laws of the State of New Mexico, United States, with an address at 1209 Mountain Road Pl NE #7673, Albuquerque, NM 87110, USA. It governs your download, installation, and use of the Acres desktop application and any accompanying documentation (together, “Acres” or the “Software”).

BY DOWNLOADING, INSTALLING, OR USING ACRES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE ACRES.

1. Definitions

  • “Software” / “Acres” — the Acres desktop application provided by First Aligned, including any updates, upgrades, and documentation we make available.
  • “Vault” — the folder or folders on your device where Acres stores your notes, boards, and related files.
  • “Your Content” — the notes, documents, files, images, and other material you create, import, or store using Acres.
  • “License Key” — the code issued to you on purchase of a paid license, which you enter into the Software to activate it.
  • “Trial Period” — the fourteen (14) days beginning when the Software is first launched on a device.
  • “Read-Only Mode” — the state of the Software described in Section 9 in which it will not create or change Your Content on your behalf, while everything you have already created remains accessible.
  • “Third-Party Components” — the open-source software components incorporated in Acres, listed with their licenses in the THIRD-PARTY-NOTICES.txt file distributed with the Software.

2. License grant

Trial license. Subject to your compliance with this Agreement, First Aligned grants you, for the Trial Period, a free-of-charge, worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the full functionality of Acres on devices you own or control, for your personal use or your internal business use, so that you can evaluate it. When the Trial Period ends, the Software enters Read-Only Mode until a License Key is activated.

Paid perpetual license. On activation of a valid License Key, and subject to your compliance with this Agreement, First Aligned grants you a perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable license to install and use Acres on devices you own or control, for your personal use or your internal business use. A license is personal to one natural person. It includes every Update (Section 8) that First Aligned releases for the Software; no Update will move functionality you have licensed behind a further charge.

3. License restrictions

Except as expressly permitted by this Agreement, by the license terms of a Third-Party Component, or by applicable law that cannot be excluded by agreement, you will not:

  1. sell, rent, lease, lend, redistribute, sublicense, or otherwise make the Software or a License Key available to any third party;
  2. copy, modify, or create derivative works of the Software;
  3. reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code, except to the limited extent that applicable law expressly permits this despite this restriction (for example, to achieve interoperability), and in that case only after you have requested the relevant interoperability information from us and we have not provided it within a reasonable time;
  4. remove, alter, or obscure any proprietary notices, labels, or marks on or in the Software, including in the THIRD-PARTY-NOTICES.txt file;
  5. use the Software to develop a competing product or service, or for any unlawful, infringing, or harmful purpose;
  6. circumvent or disable any security or technical limitations of the Software; or
  7. circumvent, reset, extend, or tamper with the Trial Period, Read-Only Mode, or the license activation mechanism, or share a License Key beyond the devices you own or control.

4. Ownership and reservation of rights

Acres is licensed, not sold. First Aligned and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted to you except as expressly set out in this Agreement, and First Aligned reserves all rights not expressly granted. “Acres” and “First Aligned,” and related names and logos, are trademarks of First Aligned; this Agreement does not grant you any right to use them.

5. Open-source components

Acres includes Third-Party Components that are provided under their own open-source licenses, as set out in the THIRD-PARTY-NOTICES.txt file distributed with the Software. Those licenses are not limited by this Agreement. To the extent any term of a Third-Party Component license conflicts with this Agreement with respect to that component, the Third-Party Component license governs that component.

6. Your Content

As between you and First Aligned, you own and retain all rights to Your Content. Acres is local-first: Your Content is stored on your own device, and First Aligned does not access, collect, transmit, or store Your Content. You are solely responsible for Your Content, for how you use it, and for maintaining your own backups. First Aligned has no obligation or ability to recover Your Content. Nothing in this Agreement — including the end of the Trial Period, Read-Only Mode, or the termination of a license — restricts your access to Your Content, which remains ordinary files on your device that you may open, copy, export, and edit with any software.

7. Third-party content and services

Acres lets you embed, open, or access content and websites operated by third parties (for example, videos from YouTube, Vimeo, or Loom, and any website you visit through the built-in web panel). Your use of such third-party content and services is at your own risk and is governed by the third parties’ own terms and privacy policies. First Aligned does not control and is not responsible for third-party content or services. See the Acres Privacy Policy for how such connections work.

8. Updates

First Aligned may, from time to time, make updates, upgrades, or bug fixes (“Updates”) available. Acres checks for Updates automatically shortly after launch. You can turn automatic checks off at any time in Settings ▸ About ▸ Updates, and a manual check remains available there and under Help ▸ Check for Updates…. No Update is downloaded or installed without your approval. The Acres Privacy Policy describes what an update check transmits and who receives it. Any Update you install is part of the Software and is governed by this Agreement unless the Update is accompanied by a separate license, in which case that license governs.

9. Purchase, trial, Read-Only Mode, and cloud services

Purchase. Paid licenses are sold by Polar Software Inc. (“Polar”) as merchant of record. Polar sells you the license, collects payment and any applicable tax, issues your receipt and License Key, provides a customer portal where your keys, receipts, and device activations are managed, and processes refunds, all under Polar’s own terms of service and privacy policy. First Aligned never receives your payment details.

License Keys and activation. A License Key is confidential and issued for your personal use. Activating the Software on a device sends the License Key, a device label (your computer’s name), and the Software version and platform to First Aligned’s activation service once, which returns a signed license record that the Software stores on that device; after that, the Software does not need a network connection to remain licensed. A License Key may be active on up to three (3) devices at a time; you may deactivate a device in the Software or in the Polar customer portal to free a slot.

Trial Period and Read-Only Mode. The Trial Period runs once per device from the first launch. After it ends, and until a License Key is activated, the Software operates in Read-Only Mode: it will not create, change, or delete Your Content on your behalf, but you can continue to open, browse, search, read, and export everything you have already created, and Your Content remains ordinary files on your device that you can edit with any other software. The end of the Trial Period does not delete, withhold, or alter Your Content.

Refunds and revocation. You may request a refund of a paid license within thirty (30) days of purchase, for any reason, by emailing [email protected] with your receipt; Polar issues the refund. A refund or a chargeback revokes the corresponding License Key and the license granted under Section 2, and the Software returns to Read-Only Mode.

Cloud services. First Aligned offers optional cloud-based services (currently Acres Sync and Acres Publish) as separate subscriptions. They are governed by separate terms presented to you when you subscribe, are not included in or required by this Agreement, and do not require a paid license to the Software; equally, a paid license to the Software does not require any cloud service.

10. Term and termination

This Agreement is effective until terminated. You may terminate it at any time by ceasing all use of the Software and uninstalling it. This Agreement and the license granted under it terminate automatically and immediately if you breach any of its terms. Upon termination, you must stop using and uninstall the Software. The expiry of the Trial Period is not a termination of this Agreement; it places the Software in Read-Only Mode as described in Section 9. Termination does not affect Your Content stored on your device. The sections that by their nature should survive termination — including Sections 4, 6, 11, 12, 13, 14, and 16 — survive.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FIRST ALIGNED DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FIRST ALIGNED DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you; in that case, any such warranty or condition is limited in duration and scope to the minimum permitted by applicable law.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRST ALIGNED AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRST ALIGNED’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) US $100.

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that applicable law does not permit to be excluded.

13. Indemnification

To the extent permitted by applicable law, you will indemnify and hold harmless First Aligned and its members, managers, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your unlawful use of the Software, your violation of this Agreement, or your violation of any rights of a third party.

14. Export controls and sanctions

You must comply with all applicable export-control and economic-sanctions laws, including those of the United States (such as the Export Administration Regulations administered by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control) and any other applicable laws, including those of the European Union and the United Kingdom. You represent that you are not located in, and will not use the Software in, any jurisdiction subject to a comprehensive embargo, that you are not listed on any restricted-party list, and that you are not a person with whom dealings are prohibited under applicable sanctions laws.

15. Consumers’ statutory rights

If you use Acres as a consumer, nothing in this Agreement limits or excludes any rights you have under mandatory consumer-protection laws that cannot be waived by agreement, including, where applicable, the New Mexico Unfair Practices Act, other applicable U.S. federal and state consumer-protection laws, and consumer-protection laws in your country or region of residence (including the European Union and the United Kingdom). Where such laws conflict with this Agreement, those laws prevail to the extent of the conflict.

16. Governing law and dispute resolution

This Agreement is governed by the laws of the State of New Mexico, 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.

Subject to the following sentence, you and First Aligned submit to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico for any dispute arising out of or relating to this Agreement or the Software. If you are a consumer, this clause does not deprive you of the protection of mandatory laws of your country or region of residence, or of the right to bring proceedings there where applicable law gives you that right.

17. Changes to this Agreement

First Aligned may modify this Agreement from time to time. The current version will be distributed with the Software or otherwise made available by First Aligned, with an updated effective date. Changes take effect when the updated Agreement is made available, and your continued use of the Software after that date constitutes acceptance. Changes do not reduce the scope of a perpetual license you have already activated. If you do not agree to the changes, you must stop using the Software.

18. General

This Agreement, together with the THIRD-PARTY-NOTICES.txt file and the Acres Privacy Policy, is the entire agreement between you and First Aligned regarding the Software and supersedes any prior agreements on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect. First Aligned’s failure to enforce a provision is not a waiver of it. You may not assign or transfer this Agreement without First Aligned’s prior written consent; First Aligned may assign it, including in connection with a merger, acquisition, or sale of assets. Nothing in this Agreement creates any partnership, agency, or employment relationship between you and First Aligned. The English-language version of this Agreement controls.

19. Contact

First Aligned LLC 1209 Mountain Road Pl NE #7673 Albuquerque, NM 87110, USA Email: [email protected]