1. Who you are dealing with
These terms are an agreement between you and [Person 1: full name] (VAT no. [Person 1: VAT number]) and [Person 2: full name] (VAT no. [Person 2: VAT number]) ("we", "us"), the two self-employed individuals who publish apps under the Moka Solutions brand. Moka Solutions is a brand only, not a company or legal entity. Our full details are in the Legal notice.
2. What these terms cover
They apply to our Services, meaning:
- our websites, including mokasolutions.dev, the websites of our products (such as espressoformac.com and docs.espressoformac.com) and their mirrors;
- the licence servers our apps contact to start trials, activate, check and deactivate licences
(for Espresso,
api.espressoformac.com); - the update servers our apps contact to check for and download updates;
- trial codes, emails and the optional newsletter;
- support by email.
Other documents apply alongside these terms, and take precedence for their own subject:
- the End User License Agreement (EULA), for the apps themselves;
- the Terms of Sale & Refunds, for purchases;
- the product terms of each app (for example Espresso);
- the Privacy Policy, which explains how we handle personal data. It is information, not a contract you have to accept.
3. Who may use the Services
You may use the Services if you can enter into a binding contract under the law of the country you live in. If you are under 18, please ask a parent or guardian to agree to these terms with you. Trials and the newsletter require an email address and are not meant for children under 14.
If you use the Services for an organisation, you confirm that you are allowed to accept these terms on its behalf.
4. Consumers and businesses
You are a consumer if you use the Services for purposes outside your trade, business, craft or profession. Consumers keep every right that the law of their country gives them and that cannot be waived by contract, including the rights under the Italian Consumer Code (Legislative Decree no. 206/2005). Nothing in these terms limits those rights. Where a clause below says "to the extent the law allows", it means exactly that.
5. Using the Services fairly
Please don't:
- use the Services to break the law or to infringe anyone's rights;
- try to get around trial limits, for example by creating addresses or altering device identifiers to obtain repeated trials;
- share, sell or publish licence keys or trial codes, or generate fake ones;
- probe, overload or attack our servers, except as allowed by our Security page;
- scrape our websites in a way that burdens them, or copy them to mislead people;
- send us malware, spam or abusive messages.
We may limit or refuse requests that look automated or abusive (for example with rate limits), and we may suspend a trial code or licence used in breach of these terms or of the EULA. Unless the breach is serious or urgent, we will contact you first and give you a chance to explain. If you are a paying customer and we suspend your licence wrongly, we will restore it or refund you.
6. Licence activation and online checks
Our apps are designed to work offline. Some features, such as activating a licence, starting a trial or deactivating a Mac, need a short connection to our licence server; an app may also re-check its licence from time to time (for Espresso, about once a month) so that refunded or shared keys stop working. What is sent in each case is listed in the Privacy Policy and in each app's privacy details.
If our licence servers are temporarily unavailable, activated apps keep working. If we ever decide to shut a licence server down for good, we will make reasonable efforts to release, beforehand, an update that lets existing paid licences keep working without it.
7. Availability and changes to the Services
We work hard to keep the Services available and secure, but we don't promise that they will always be uninterrupted or error-free: servers need maintenance, and providers have outages. We may change, improve or discontinue parts of the Services. Changes to what you have paid for are governed by the EULA and by the Terms of Sale, and never reduce what you bought without the remedies the law gives you.
8. Trials
A trial lets you evaluate the paid features of an app for a limited time, free of charge. The duration and limits are in the product terms (for Espresso: 14 days, one per person and per Mac). When it ends, the app returns to its free edition, if it has one, and your data on your device is kept. A trial doesn't turn into a paid subscription and never charges you.
9. Emails and newsletter
When you request a trial or buy a licence, we send you the service emails needed for it (for example the trial code, a reminder before the trial ends, the licence key). These are not marketing.
The newsletter is optional and separate: we send it only if you ticked its own box, and every issue has a one-click unsubscribe link. Unsubscribing has no effect on your trial or licence.
10. Support
Support is by email at support@mokasolutions.dev, in English or Italian. We answer as quickly as we can — usually within two working days. Support is included with our apps at no extra cost; it is a best-effort service, not a guaranteed response time, unless we agree otherwise in writing with a business customer.
11. Our intellectual property
The Services, our apps, their code, design, texts, names, logos and documentation belong to us (or to our licensors) and are protected by copyright and other laws. These terms don't give you any right to them except the right to use the Services as described here and in the EULA. Open-source components remain under their own licences.
12. Your feedback
If you send us ideas or suggestions, you allow us to use them to improve our products, without any obligation to you. We will never publish your name or your message without asking.
13. Links to other services
Our websites and apps link to services run by others — for example the checkout of our reseller, app stores, or AI assistants and launchers you choose to connect to an app. Those services are governed by their own terms and privacy policies. We are not responsible for them, but we choose them carefully and tell you when data leaves our apps.
14. Liability
The Services are free of charge, apart from the licences you buy (which are covered by the EULA and the Terms of Sale, including the legal guarantee of conformity for consumers).
To the extent the law allows, we are not liable for indirect or unforeseeable losses, loss of profits, or loss of data that regular backups would have prevented, and our total liability arising from the Services is limited to the amount you paid us in the 12 months before the claim (or €50 if you paid nothing).
These limits do not apply to liability for wilful misconduct or gross negligence (art. 1229 of the Italian Civil Code), for death or personal injury, for breach of data protection law, or to any other liability that cannot be limited by law, and they do not affect consumers' statutory rights.
15. Ending the relationship
You can stop using the Services whenever you like. You can ask us to delete the data linked to your trial, licence or newsletter subscription at any time (see the Privacy Policy); note that deleting licence records means we can no longer recover or verify your licence.
We may stop providing the Services to you if you seriously breach these terms. Clauses that by their nature should survive (for example liability and applicable law) continue to apply.
16. Changes to these terms
We may update these terms when our Services or the law change. We will publish the new version here with its effective date and, for material changes that affect customers, let you know by email or in the app at least 30 days before they apply. If you don't agree with a change, you can stop using the Services before it takes effect; changes never apply retroactively to purchases already made.
17. Applicable law and courts
These terms are governed by Italian law.
- If you are a consumer, you also keep the protection of the mandatory rules of the country where you have your habitual residence, and you may bring proceedings before the courts of the place where you live or are domiciled, which in Italy is also the only competent court for claims against you (art. 66-bis of the Italian Consumer Code).
- If you are a business, the courts of [forum_city], Italy, have exclusive jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18. General
If a clause turns out to be invalid, the rest remains in force and the invalid clause is replaced by the valid rule that comes closest to its purpose. Not enforcing a right at once doesn't mean giving it up. You may not transfer your rights under these terms without our consent; we may transfer them to a company we may set up in the future to continue publishing our apps, and will tell you if we do — your rights won't be reduced by it.
Questions? Write to support@mokasolutions.dev.