Terms of Service

1. Agreement and eligibility

These terms are an agreement between you and IME Labs LLC (“we”, “us”, “our”) covering the Nearshell website, Mac app, iPhone / iPad controller, account, signaling, relay and related services. By using the service, creating an account or purchasing a subscription, you agree to these terms. If you disagree, stop using the service.

You must be at least 18 and legally able to enter this agreement. If acting for an organization, you must have authority to bind it. Our Privacy Policy describes personal-data processing and is not blanket consent to all processing.

2. Service and software license

Nearshell is a remote workspace for Macs you own or are authorized to access, with device management, desktops, app windows and terminals. Features and limits depend on platform, version, entitlements, network conditions, system permissions and configuration.

Subject to these terms and applicable purchase terms, we grant a limited, nonexclusive license, not transferable without permission, to use the service on supported, authorized devices. Do not resell, copy or distribute proprietary software without permission or reverse engineer it beyond what applicable law permits.

Apps obtained through the App Store are also subject to applicable Apple usage rules and the Apple Standard End User License Agreement, unless the store expressly provides an applicable custom license. These terms supplement the Nearshell account and hosted services without replacing applicable Apple terms. Third-party open-source components remain subject to their own licenses.

3. Accounts and device authorization

Protect your Apple Account, authorized controllers, Macs and add-device codes. Add only devices you own or have explicit permission to access. You are responsible for activity through authorized devices; promptly revoke access and contact us if a device is lost or access appears unauthorized.

Support for multiple Macs and controllers does not imply unlimited device allowances or concurrency. Terminal input ownership is coordinated; connecting to a session does not necessarily grant input control. Do not use accounts to bypass entitlements or provide unauthorized access.

4. Remote actions and your data

Remote input and terminal commands act on the target Mac and may change, delete or transmit files or affect running tasks. Check the device, window, session and input, and back up important data.

Speech recognition may be inaccurate. Results enter a draft first and sending does not add Return, but newlines in multiline text may be interpreted as command execution by the remote program. Review before sending. Notifications are informational and may be delayed or undelivered; “turn ended” does not mean a task succeeded.

Your Mac needs to remain awake, online and running Nearshell. Sleep, network changes, permissions, maintenance or third-party failures may interrupt access. We do not promise fixed latency, frame rates, continuous connectivity or original-process restoration. A terminal-service update may restore Native history into a new shell rather than restore its original process; follow the app’s prompts.

You retain rights to your files, code, input and other content and grant only the processing permission needed to provide the service you request. You must have authority to access and process that content.

5. Acceptable use and third parties

Use the service only for lawful, authorized purposes. Do not:

• Control, monitor or access another person’s devices, accounts or data without permission.
• Distribute malware, commit fraud or phishing, harass others, or infringe privacy or intellectual-property rights.
• Bypass authentication, device authorization, metering or subscription limits, disrupt services or networks, or probe security without permission.
• Violate applicable privacy, data-protection, export-control, sanctions or other laws.

Apple, Cloudflare, and tmux, Herdr, AI or other programs and services you invoke remotely have their own applicable terms. Obtain required permissions and assess their behavior. Nearshell does not subscribe to or guarantee these services on your behalf.

6. Waitlist and prerelease features

Joining the waitlist requests Nearshell launch updates; it is not a purchase or a promise of an access date, invitation, trial duration or price. Unsubscribe at any time through our support or privacy email.

Early-access, beta and experimental features may be incomplete, contain errors, change or be discontinued. General-availability service levels and support commitments do not apply unless expressly agreed in writing.

7. Subscriptions, renewal, cancellation and refunds

If you buy paid features, prices, currencies, periods, taxes, trials and device or usage limits are those displayed in the app and Apple’s purchase confirmation at the time of purchase. Waitlist pages do not promise pricing.

Apple bills and renews auto-renewable subscriptions under applicable purchase terms until canceled. Manage cancellation through your Apple Account subscriptions. Access normally continues through the paid period unless a refund, revocation or other purchase term provides otherwise. Trial cancellation deadlines follow Apple’s displayed terms.

Deleting a Nearshell account, uninstalling the app, signing out or revoking a device does not cancel your Apple subscription for you. Check your Apple subscription separately. Restoring purchases requires a valid transaction and corresponding account association; entitlements from a deleted account are not guaranteed to transfer automatically to a new one.

Request refunds through Apple’s applicable process, subject to mandatory local consumer rights. We do not impose a blanket no-refund rule. See Apple Billing and Subscriptions support. Changes to entitlements, prices or features are notified as required by law and store rules and do not retroactively change accrued payment obligations.

8. Suspension, termination and deletion

You may stop using the service, cancel subscriptions or request account deletion in the controller’s account page. Deletion revokes access first and completes related cleanup in the background. See the Privacy Policy for scope and retention exceptions. Back up local content you need and cancel Apple subscriptions separately.

We may reasonably restrict, suspend or terminate access to address security threats, abuse, nonpayment, legal requirements or a material breach. Where practical and lawful, we provide notice and an opportunity to correct or appeal; urgent threats may require immediate action.

Provisions that by their nature survive termination remain effective, including accrued payment obligations, intellectual property, liability limits and dispute terms.

9. Intellectual property and feedback

Except for your content and third-party rights, we or our licensors own the service, proprietary software, designs, documentation and trademarks. Rights not expressly granted are reserved. By voluntarily submitting feedback, you allow us to use it without charge to improve the service. We will not use your identity in public promotion without permission.

10. Warranties and liability limits

To the maximum extent permitted by law, the service is provided “as is” and “as available”, without guarantees of uninterrupted operation, freedom from errors, complete security or compatibility with every third-party program. We disclaim implied warranties of merchantability, fitness for a particular purpose and noninfringement to the extent permitted by law.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or lost profits, revenue, goodwill, opportunity or data. Our aggregate liability arising from the service or these terms will not exceed the amount you paid us for Nearshell during the 12 months before the event giving rise to the claim, including amounts collected through Apple.

These provisions do not exclude or limit liability that cannot lawfully be excluded or limited, or reduce nonwaivable consumer rights.

11. Changes and disputes

We may change the service or update these terms and revise the date above. Material changes receive additional notice where required by law and apply prospectively. If you disagree, stop using the service and cancel subscriptions before their next renewal.

Wyoming law governs these terms without removing mandatory consumer protections in your location. Unless law requires a different forum, disputes belong in state courts in Sheridan County, Wyoming, or federal courts serving Wyoming. The parties should first attempt a good-faith resolution by written notice for 30 days. This does not prevent lawful emergency relief or exercise of rights that cannot be restricted.

12. General terms

These terms and applicable purchase terms form the entire agreement about the service. Purchase terms prevail only for the specific purchase matter in conflict. An unenforceable provision does not affect the rest; failure to enforce a right is not a waiver.

You may not assign this agreement without consent. We may assign it in a merger, reorganization or business transfer without reducing applicable legal protections. Neither party is responsible for delays beyond its reasonable control except where law provides otherwise. Notices may be provided through the service or contact information you supply.