Terms for Thistle.

1. Agreement to these terms

These Terms and Conditions (“Terms”) are a legal agreement between you and Praxik, LLC (“Praxik,” “we,” “us,” or “our”) governing your download, installation, access to, and use of the Thistle desktop application, related documentation, support materials, and associated Praxik webpages (collectively, “Thistle”).

By downloading, installing, accessing, or using Thistle, you agree to these Terms. If you do not agree, do not download, install, or use Thistle. These Terms supplement any mandatory terms imposed by the marketplace through which you obtained the application.

2. Eligibility and authority

You must be legally capable of entering into a binding agreement where you live. If you use Thistle on behalf of a business, school, government body, or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” includes the organization.

3. License to use Thistle

Subject to these Terms and any applicable app-marketplace usage rules, Praxik grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use Thistle on devices you own or control for your personal, educational, or internal business purposes.

Thistle is licensed, not sold. Praxik and its licensors reserve all rights not expressly granted in these Terms.

4. Use restrictions

Except where applicable law expressly permits it, you may not:

• copy, distribute, rent, lease, sell, sublicense, or make Thistle available to others as a hosted or shared service;
• reverse engineer, decompile, disassemble, attempt to derive source code from, modify, or create derivative works of Thistle;
• remove or alter proprietary, copyright, trademark, or attribution notices;
• bypass, disable, or interfere with security, licensing, or access-control features;
• use Thistle to violate law, infringe another person’s rights, introduce malicious code, or interfere with systems or networks; or
• represent that Praxik has reviewed, certified, approved, or assumed responsibility for your calculations, designs, or conclusions.

Restrictions on reverse engineering do not apply to the extent prohibited by applicable law or permitted by licenses governing open-source components included with Thistle.

5. Engineering responsibility

Thistle is a general-purpose computational aid. It does not provide professional engineering, legal, safety, regulatory, financial, or other professional advice, and it is not a substitute for qualified professional judgment.

You are solely responsible for:

• the accuracy and completeness of equations, values, units, guesses, bounds, property-function inputs, and assumptions;
• reviewing solver convergence, residuals, warnings, and the physical reasonableness of results;
• independently validating calculations and comparing important results with accepted methods, test data, or other reliable tools;
• determining whether Thistle is appropriate for a particular purpose; and
• obtaining review by a qualified professional before using results for safety, regulatory, construction, manufacturing, or design decisions.

Do not use Thistle as the sole basis for decisions where an error could cause death, personal injury, environmental harm, or significant property or financial damage. You remain responsible for maintaining appropriate backups and records of your work.

6. Your files and content

As between you and Praxik, you retain your rights in equations, project files, inputs, and other content you create using Thistle. The desktop application stores project files only where you choose and does not upload them to Praxik.

If you voluntarily send content to Praxik for support, you grant Praxik a limited permission to access, copy, and use that content only as reasonably necessary to provide support, diagnose the issue, improve Thistle, and meet legal obligations. You represent that you have the right to provide the content. Remove confidential or sensitive information before sending files.

7. Updates and availability

Praxik may provide updates, corrections, new features, or security improvements. An update may modify or discontinue features and may be required for continued compatibility or support. Unless separate terms accompany an update, these Terms govern it.

We may change, suspend, or discontinue Thistle or related services at any time. We do not guarantee that every version will remain available, compatible with every operating system, or supported indefinitely.

8. Support

Praxik may provide support through the Thistle Support page and the contact information below. Unless Praxik expressly agrees otherwise in writing, support is provided on a reasonable-efforts basis, with no guaranteed response or resolution time.

9. Purchases and refunds

If you obtain Thistle through an app marketplace, that marketplace processes purchases, taxes, billing, and refunds under its own terms. Praxik does not control the marketplace’s payment or refund decisions. Prices and availability may change as permitted by law and marketplace rules.

10. Third-party components and services

Thistle may include or depend on open-source software, scientific libraries, thermodynamic property data, operating system features, or other third-party components. Those components may be governed by separate license terms and notices, which control to the extent required by their licenses.

Praxik does not control third-party services or guarantee the availability, completeness, or accuracy of third-party software, data, or content. Your use of third-party services may be subject to additional terms.

11. Privacy

The Thistle Privacy Policy explains how Praxik handles information associated with Thistle, the Praxik website, and support communications. By using Thistle, you acknowledge that you have reviewed that policy.

12. Ownership and intellectual property

Thistle, its software, design, documentation, branding, and related materials are owned by Praxik or its licensors and are protected by intellectual-property laws. “Praxik,” “Thistle,” and associated names and marks may not be used in a way that implies sponsorship or endorsement without prior written permission.

If you provide feedback or suggestions, you grant Praxik a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate them without restriction or compensation, provided this does not grant Praxik ownership of your project files.

13. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THISTLE AND ALL RELATED DOCUMENTATION, SUPPORT, DATA, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. PRAXIK DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND THAT THISTLE WILL BE ERROR-FREE, UNINTERRUPTED, OR SUITABLE FOR YOUR REQUIREMENTS.

Some jurisdictions do not allow certain warranty exclusions. Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRAXIK AND ITS MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL; BUSINESS INTERRUPTION; OR COSTS ARISING FROM SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRAXIK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THISTLE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THISTLE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR USD $100.

These limitations apply regardless of the legal theory and do not limit liability that cannot be limited under applicable law.

15. Termination

You may stop using Thistle at any time. Your license terminates automatically if you materially violate these Terms. Upon termination, you must stop using and delete all copies of Thistle, except where retention is permitted by law.

Provisions that by their nature should survive termination, including ownership, warranty disclaimers, limitations of liability, governing law, and general terms, will survive.

16. Legal compliance, governing law, and disputes

You must use Thistle in compliance with applicable laws, including United States export-control and sanctions laws. You may not export, re-export, or use Thistle where prohibited by law.

Except where mandatory consumer law provides otherwise, these Terms are governed by the laws of the State of Iowa, without regard to conflict-of-law principles. You and Praxik consent to the exclusive jurisdiction of state and federal courts located in Polk County, Iowa for disputes arising from these Terms or Thistle. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Apple App Store terms

If you download Thistle from Apple’s App Store, your license is also subject to Apple’s Licensed Application End User License Agreement and applicable App Store Usage Rules. These Terms supplement and do not limit any mandatory Apple terms.

As between Apple and Praxik, Praxik—not Apple—is responsible for Thistle and its support. Apple has no obligation to provide maintenance or support and is not responsible for addressing claims relating to Thistle, except as required by applicable law. Apple and its subsidiaries are third-party beneficiaries of the provisions of these Terms applicable to an App Store download and may enforce those provisions against you.

18. Changes and general terms

Praxik may update these Terms when Thistle, our practices, or legal requirements change. We will post the updated Terms here and revise the effective date. If required by law, we will provide additional notice. Continued use after revised Terms take effect constitutes acceptance to the extent permitted by law.

These Terms, the Privacy Policy, applicable marketplace terms, and any additional written terms presented with Thistle form the entire agreement regarding your use of Thistle. If any provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without Praxik’s consent; Praxik may assign them in connection with a merger, reorganization, or transfer of its business.