Terms of Use and Terms of Sale

These Terms of Use and Terms of Sale (the "Terms") govern access to and use of the website at cygtree.com (the "Site") and the purchase of a licence to the Cygtree software (the "Software").

Last updated: 20 August 2026

1. Parties

The Software is developed and licensed by:

Cygnus Crane L.L.C., a Wyoming limited liability company (the "Licensor").
30 N Gould St Ste N, Sheridan, WY 82801, United States
[email protected]

The Licensor is not the seller of the Software. The Software is sold by the reseller identified in clause 6. That allocation determines which party must be approached in respect of payment, invoicing, taxation and refunds.

2. Scope of these Terms, and related documents

These Terms comprise two parts:

• Part A governs use of the Site at cygtree.com.
• Part B governs the purchase of a licence, including the trial, delivery and refunds.

These Terms do not govern:

• Permitted use of the Software once licensed. That is governed by the End User Licence Agreement.
• The processing of personal information. That is governed by the Privacy Policy.

Where these Terms conflict with the End User Licence Agreement in respect of permitted use of the Software, the End User Licence Agreement prevails. Where these Terms conflict with the Privacy Policy in respect of the processing of personal information, the Privacy Policy prevails. In all other respects these Terms prevail.

Part A — Use of the Site

3. Purpose of the Site

The Site exists to describe the Software, to enable a free trial to be commenced, to enable a licence to be purchased, and to make the installer available for download. No account is required and no login facility is provided.

4. Acceptable use

A user of the Site shall not:

• Circumvent the trial control. The trial request form is provided so that one email address is entitled to one trial. Automated submission of that form, the use of disposable or throwaway addresses, and the solicitation of a reusable checkout link are prohibited. Clause 10 sets out what a trial is and the consequence of a request for a further trial.
• Impose excessive load on the endpoints. The checkout endpoint is rate limited per connection and shall not be scripted.
• Resell, share or publish licence keys issued to that user.
• Reproduce the text, images or code of the Site for use in another product. All content on cygtree.com is the property of the Licensor.
• Attempt unauthorised access to the Site, to the checkout, or to the licences of other persons.

The Licensor may refuse service to an address or a connection engaged in any of the conduct described above. The Licensor shall not refuse a purchase on those grounds without stating the reason to the person concerned.

5. Availability of the Site

The Site is provided on an "as is" basis. The Licensor does not warrant that the Site will be continuously available, nor that the download link will reference the most recent build at any given moment. An error on the Site may be reported to the address given in clause 18 and shall be corrected.

Links to the websites of other undertakings, including those of the reseller, Microsoft and any artificial-intelligence vendor, do not constitute an endorsement. The Licensor does not control the content of those websites.

Part B — Purchase of a licence

6. The seller and merchant of record

The Software is sold by Polar Software, Inc., and not by Cygnus Crane L.L.C.

Polar Software, Inc., of 3500 South DuPont Highway, Dover, DE 19901, USA (the "Reseller"), acts as merchant of record and as the Licensor's authorised reseller. Responsibility is allocated as follows:

A purchase accordingly gives rise to two contracts. The Reseller's Buyer Terms govern the sale and the payment; the End User Licence Agreement governs the right to use the Software. Where the two conflict, the Reseller's terms govern the sale and the Licensor's terms govern the licence.

The Licensor does not accept payment directly and is not able to do so. A demand for direct payment for the Software made by a person purporting to act for Cygnus Crane L.L.C. does not originate from the Licensor.

7. Price and scope of the licence

The price is USD 20, payable once. The licence is perpetual. There is no subscription, no renewal and no per-seat charge.

The Reseller is the merchant of record, and any value added tax, goods and services tax or sales tax due on a purchase is accordingly collected and remitted by the Reseller. The total amount charged may therefore differ from USD 20 according to the purchaser's jurisdiction.

Included in the price

• A licence key for the Software on Windows 10 or Windows 11, 64-bit.
• The complete application. The trial and the paid version consist of the same installer and the same binary; the licence alone differs. No reduced-functionality edition exists.
• Boards created with the Software are ordinary files held on the user's own disk. No cloud account is provided. The Licensor operates no server on which board data could be stored, and no board data is transmitted to the Licensor.

Not included in the price

• Artificial-intelligence services. The Software does not sell AI tokens, does not include AI credits, and holds no AI provider key. It operates AI tools that the user has already installed and already pays for, including Claude Code, Codex, Cursor and any agent implementing the Agent Client Protocol. Expenditure with those providers is a matter between the user and the provider concerned, governed by that provider's terms. The Licensor receives no share of it and exercises no control over it.
• macOS or Linux. The description of those platforms on the Site as "coming soon" expresses an intention and not a commitment. A licence should not be purchased in reliance upon a platform that is not available at the date of purchase.
• A support contract or an availability commitment. See clauses 15 and 18.
• Any commitment as to the position should the founder cease to maintain the Software. The founder's present intention, as stated on the story page, is that the Software would be open-sourced or transferred rather than abandoned. That intention is expressly not a contractual commitment: it imposes no obligation upon the Licensor and confers no right upon the purchaser, and a purchase should be made upon the basis of what the Software does at the date of purchase.

Updates

All updates within version 1 of the Software are included. The licence covers every release of the Software bearing a version number beginning with "1.", up to but not including version 2.0. A version 2.0, should one be released, would constitute a separate product and require a separate purchase.

The Software contains no automatic updater. An update is obtained by manual download from the Site at the user's election. Nothing is installed without the user's action.

8. Delivery

Delivery is immediate and consists of a licence key rather than of a file. The sequence is as follows:

1. The purchaser submits an email address on cygtree.com and is directed to the Reseller's checkout.
2. The purchaser pays the Reseller.
3. The Reseller generates the licence key and sends it to the purchaser by email. The Licensor is not party to that step and is unable to intervene between payment and delivery of the key.
4. The purchaser downloads the installer from cygtree.com and enters the key into the Software.

Because the key is sent by the Reseller, the address supplied must be one the purchaser is able to open. Where the key does not arrive, the spam folder should be checked first and the Licensor then contacted at the address given in clause 18. The Licensor is able to locate the order in the Reseller's dashboard and to arrange for the key to be sent again.

System requirements: Windows 10 or Windows 11, 64-bit. The Software uses the Microsoft Edge WebView2 runtime. Where that runtime is not already present on the computer, the installer downloads it from Microsoft during installation.

9. Activation of the licence

A paid licence key activates on two computers. A trial licence key activates on one computer. Clause 10 governs the activation of a trial licence key. Activation on two computers is not equivalent to simultaneous use on two computers: the End User Licence Agreement licenses one person using the Software in one session at a time.

The licence key binds to the computer on which it is activated. The Software derives a machine identifier by hashing a value supplied by Windows. That identifier is stored and transmitted as a hash and never as the underlying value.

The identifier survives a reboot, a change of driver, a change of disk, the renaming of the computer and the reinstallation of the Software. It does not survive the reinstallation of Windows or the replacement of the motherboard. Where either event is anticipated, the Deactivate function within the Software should be used beforehand, which releases the activation slot. Where either event has already occurred, the earlier activation cannot be released from the rebuilt computer, and the Licensor shall release it upon request made to the address given in clause 18.

Where the Software is unable to read the identifier, access is not withdrawn and operation continues.

An activation is released by deactivation. A deactivation clears locally only once the Reseller has confirmed it, so that a failed deactivation neither strands an activation slot nor consumes one. Where activation is attempted beyond the permitted limit, the Software states that the activation limit has been reached.

10. The free trial

The trial is free of charge, requires no payment card, runs for 3 days and provides the complete application.

A trial licence key activates on one computer and not on two. Where Windows is reinstalled or the motherboard replaced part-way through a three-day trial, that single activation is the whole of the entitlement. The Deactivate function within the Software should be used before an anticipated change of computer; where that was not possible, the Licensor should be contacted at the address given in clause 18.

• The trial is a licence and not a different build. The same installer is used, the same binary is supplied, and every feature is available.
• One trial is available per email address. The Site records a salted, irreversible hash of the address submitted, so as to distinguish a second trial request from a first. The address cannot be recovered from that hash. The detail is set out in the Privacy Policy.
• A second trial request is not refused. The Site informs the person concerned that a further trial is not available and directs that person to the USD 20 checkout.
• A trial key binds to a computer in the same manner as a paid key. Several trial keys on one computer yield one working trial.
• Where a trial key is unable to reach the licence server, it continues to operate offline for a separate three-day grace period. That grace period runs independently of the three-day trial period and does not extend it.

11. Expiry of a trial, and cessation of licence validation

Where a trial expires, or where licence validation ceases, the consequences are limited to the following:

• Boards remain on the user's disk, unaltered, and the Software remains able to open and read them. Nothing is deleted and nothing is withheld.
• Saving changes to a board is refused. A message requesting purchase is displayed.
• Export continues to function. A copy of the user's work may still be taken out of the Software.
• Boards are ordinary files in any event, and may be copied, backed up or moved using Windows Explorer irrespective of whether the Software is licensed.

A paid licence is subject to no time limit. Once activated it does not expire, does not contact the licence server on a schedule, and does not cease to operate where the licence server is unreachable. It operates offline indefinitely.

12. Licence checks

The Software verifies the licence with the Reseller once when the application starts, and on each occasion the user selects Activate or Deactivate. There is no background timer and no periodic polling.

That verification transmits the licence key, the Licensor's organisation identifier and the activation identifier. Upon first activation it additionally transmits a label containing the Windows name of the computer (for example "DESKTOP-4KQ2P9"), so that the activation may be identified in the Reseller's customer portal.

What is transmitted from the computer, including the matters described in this clause, is set out in full in the Privacy Policy.

13. Refunds

The Licensor operates no refund policy and does not process refunds.

Refunds are administered by the Reseller alone. That allocation follows from the Reseller's status as merchant of record. The Reseller receives the payment. The Licensor never holds card details, never receives the payment directly, and is contractually prohibited from making reimbursement itself. The Licensor states no period and exercises no discretion in this respect.

Where an application is to be made: to the Reseller, using the receipt sent by the Reseller by email or the Reseller's customer portal. The Reseller's terms and published policy govern the outcome, including the period within which an application must be made.

The Reseller may refund a purchaser without reference to the Licensor, and notwithstanding that the Licensor sets no policy of its own. As seller, the Reseller may cancel a transaction and refund a buyer at its own discretion, including specifically in order to forestall a chargeback, and may do so irrespective of what any seller's refund policy provides. The Reseller may also refund where required to do so by law, by regulation or by card-network rule. None of that is within the Licensor's power to grant or to withhold.

Reimbursement must be made by the route through which payment was received, namely by the Reseller. The Licensor shall not make direct reimbursement, and no offer of direct reimbursement should be accepted.

Statutory rights are unaffected

Where the law of the purchaser's country of residence confers a right to cancel or a right to a remedy, that right subsists. Nothing above removes it, and neither the Licensor nor the Reseller is able to exclude it by contract.

For a consumer in the European Union or the United Kingdom this has a concrete effect. Digital content ordinarily carries a 14-day right of withdrawal, which is lost only where the consumer expressly consents to immediate supply and acknowledges the loss of that right. That consent does not appear to be collected at the checkout; see clause 14. In practice a consumer in the European Union or the United Kingdom is therefore very likely still to hold that right, whatever any policy provides, and the party obliged to honour it is the seller, namely the Reseller.

Chargebacks

Where a difficulty has arisen, the Licensor should be contacted at the address given in clause 18 before a chargeback is initiated with the purchaser's bank. Where a matter is capable of correction by the Licensor, the Licensor shall correct it; where a refund is sought, the application must be made to the Reseller.

14. Consumers in the EU and the UK: the 14-day right of withdrawal

The right

A consumer resident in the European Union or the United Kingdom ordinarily has 14 days from the purchase within which to withdraw from a distance contract and obtain reimbursement, without giving a reason.

The effect of immediate delivery

In the case of digital content supplied immediately rather than upon a physical medium, that right may be lost, but only where all three of the following have occurred:

1. the consumer gave prior express consent to the supply commencing within the 14-day period; and
2. the consumer acknowledged that the right of withdrawal would thereby be lost; and
3. the seller confirmed that acknowledgment upon a durable medium, ordinarily the order confirmation email.

Where any one of those three conditions is not satisfied, the right subsists. Where the information was never given at all, the period may extend considerably beyond 14 days.

The position at the checkout

The Reseller's published Buyer Terms and Master Services Terms do not address the right of withdrawal, the cooling-off period, or consent to immediate supply. The Licensor is not aware of any step in the checkout at which such consent or acknowledgment is obtained.

The three conditions set out above are not satisfied at the checkout, and a consumer resident in the European Union or the United Kingdom should proceed upon the basis that the 14-day right subsists. The Licensor shall not contend that a right has been waived where no waiver was requested.

No reduction of statutory rights

Whatever else these Terms provide, a consumer retains those rights conferred by the law of that consumer's own country which cannot be excluded by agreement. Where anything in these Terms conflicts with those rights, those rights prevail.

15. Warranty and liability

The Software is tested and signed by the Licensor. The Licensor does not warrant that it is free from defect.

CYGTREE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Users are advised to maintain backups of board files. Board files are ordinary files held on the user's own disk, and are backed up by the same means as any other folder.

Limitation of liability

The total liability of the Licensor, in respect of any claim arising out of or in connection with the Software or these Terms, is limited to the amount actually paid for the Software.

Nothing in this clause limits liability which cannot lawfully be limited, including liability for death or personal injury caused by negligence, for fraud, or under any non-excludable consumer protection law applicable to the person concerned.

Third-party artificial-intelligence tools

The Software operates artificial-intelligence tools that are already installed on the user's computer, under the user's own account and credentials. The conduct of those tools, the data they transmit to their vendors, the records they keep and the period for which they keep them are governed by the terms of those vendors and not by these Terms. The Licensor does not receive that traffic and is unable to control it. Where an AI agent connected by the user alters a board, the undo history within the Software remains available to the user; the conduct of the agent is not warranted by the Licensor.

16. Governing law and disputes

These Terms are governed by the law of the State of Wyoming, United States, without regard to its conflict-of-laws rules. Wyoming is the state in which Cygnus Crane L.L.C. is incorporated.

A purchase constitutes a separate contract with the Reseller and is governed by the Reseller's own Buyer Terms and choice of law. This clause reaches these Terms and the licence, and not the sale.

These Terms contain no arbitration clause and no class-action waiver. Any arbitration or class-action provision applicable to a purchase arises under the Reseller's Buyer Terms.

Notwithstanding the foregoing, a consumer resident in the European Union or the United Kingdom retains the right to bring proceedings in the courts of that consumer's country of residence, and the mandatory consumer law of that country continues to apply. No choice of law in these Terms affects that.

17. Amendment of these Terms

The Licensor may amend these Terms. Where an amendment affects a material matter, such as the price of an existing licence, the scope of a licence, or the number of computers upon which a licence activates, the date of the amendment shall be recorded at the head of this page, and the amendment shall not apply retrospectively to a purchase already made.

18. Contact

[email protected]

The Licensor shall use reasonable endeavours to respond within two business weeks, that is to say ten working days. That is an endeavour and not a guarantee. Where no response has been received within that period, the enquiry should be sent again.