End User License Agreement

1. Agreement to Terms

By downloading, installing, or using ET Ducky ("the Software"), you agree to be bound by the terms of this End User License Agreement ("Agreement"). If you do not agree to these terms, do not install or use the Software.

2. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Software on devices you own or control
• Access and use the Software's features in accordance with your subscription plan
• Receive updates and support as provided in your subscription

3. Subscription Terms

3.1 Subscription Plans

ET Ducky offers multiple subscription tiers (Professional, Business, Enterprise). Each plan includes specific features and usage limits as described on our pricing page.

3.2 Payment

Subscriptions are billed on a recurring monthly basis. You authorize us to charge your payment method automatically each billing period unless you cancel.

3.3 Cancellation

You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

3.4 Free Trial

We may offer a free trial period. You must cancel before the trial ends to avoid being charged. We reserve the right to modify or discontinue free trials at any time.

4. Restrictions

You agree NOT to:

• Reverse engineer, decompile, or disassemble the Software
• Remove or modify any proprietary notices or labels
• Use the Software for any illegal purpose
• Share your account credentials with others
• Exceed usage limits defined in your subscription plan
• Attempt to circumvent any security measures or usage restrictions
• Resell, distribute, or sublicense the Software

5. Administrator Privileges

ET Ducky requires administrator privileges to access Windows Event Tracing (ETW) data. By using the Software, you acknowledge that:

• The Software will have elevated system access
• You are responsible for ensuring this access aligns with your organization's security policies
• Administrator access is necessary for the Software to function properly

6. Data Collection and Privacy

ET Ducky collects and processes data as described in our Privacy Policy. By using the Software, you consent to such collection and processing.

6.1 Event Data

Event data collected by the Software is stored locally on your device. We do not upload or access this data unless you explicitly use AI analysis features.

6.2 AI Analysis

When you use AI analysis features, relevant event data may be sent to third-party AI providers (Anthropic, OpenAI) in accordance with your configuration. You are responsible for ensuring this complies with your data handling policies.

7. Bring Your Own Key (BYOK)

If you choose to use your own API keys for AI providers:

• You are responsible for managing and securing your API keys
• You are responsible for all costs incurred through your API usage
• You must comply with the terms of service of the respective AI provider
• We are not liable for any issues arising from your API key usage

8. Intellectual Property

The Software, including all code, designs, documentation, and trademarks, is owned by us and protected by intellectual property laws. This Agreement does not grant you any ownership rights.

9. Warranties and Disclaimers

9.1 No Warranty

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.

9.2 System Compatibility

While we strive to ensure compatibility, we do not guarantee the Software will work on all systems or with all configurations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the Software in the 12 months preceding the claim
• We are not liable for data loss, system failures, or damages arising from your use of the Software

11. Updates and Modifications

We may update the Software at any time. Updates may:

• Add, modify, or remove features
• Fix bugs or security vulnerabilities
• Change system requirements

Continued use of the Software after updates constitutes acceptance of any changes.

12. Termination

This Agreement is effective until terminated. We may terminate your license immediately if you breach any terms. Upon termination:

• Your right to use the Software ceases immediately
• You must uninstall the Software from all devices
• No refund will be provided for any prepaid subscription fees

13. Governing Law

This Agreement is governed by the laws of the State of Washington, United States, without regard to conflict of law principles.

14. Changes to Agreement

We reserve the right to modify this Agreement at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use after changes constitutes acceptance.

15. Contact Information

For questions about this Agreement, contact us at:

Email: legal@etducky.com
Support: support@etducky.com

16. Entire Agreement

This Agreement, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and us regarding the Software.