SimpleDiagrams Cloud Service and Shape Licence

This SimpleDiagrams Cloud Service and Shape Licence (Licence) forms part of the SimpleDiagrams Cloud Terms. It explains the rights granted to a Customer to access the proprietary hosted software, use SimpleDiagrams-supplied SDShapes, and distribute finished diagram output. Defined terms have the meaning given in the Terms.

This Licence applies only to SimpleDiagrams Cloud. It does not license or grant access to SimpleDiagrams Desktop, which is separately sold under the applicable App Store terms. The products do not currently interoperate, and no diagram import, transfer, or sync is available between them.

1. What is licensed

Platform Materials include:

• the hosted SimpleDiagrams Cloud application and its user interfaces;
• APIs, agent interfaces, schemas, component registries, and documentation;
• SDShape definitions, renderers, behaviours, state schemas, icons, illustrations, artwork, and other reusable semantic components;
• SDShapes and collections or libraries supplied by us; and
• updates, improvements, and derivative Platform Materials supplied by us.

Platform Materials are licensed, not sold. McQuillen Interactive and its licensors retain all right, title, and interest in them, including copyright, design, trademark, patent, database, trade-secret, and other intellectual property rights.

2. Service access grant

Subject to the Terms, the AUP, payment of applicable fees, and plan limits, we grant Customer a limited, non-exclusive, non-transferable, non-sublicensable right during an authorised trial or paid subscription period to access and use the Service for Customer's internal operations and to create, share, display, publish, and export diagrams for Customer's lawful business, educational, personal, marketing, sales, editorial, and creative purposes.

Authoring rights are limited to the number of author seats in the plan. Customer may permit employees, contractors, students, clients, and other authorised people to view diagrams without a paid author seat where the applicable visibility and access rules permit. Customer may not provide authoring access as a service bureau whose principal value is resale of access to SimpleDiagrams without a separate written agreement.

3. Licence for SimpleDiagrams-supplied SDShapes

During authorised use, we grant Customer a worldwide, royalty-free licence to use, arrange, resize, recolour where supported, label, configure, animate, and combine SimpleDiagrams-supplied SDShapes within a finished diagram. Customer may reproduce and distribute finished diagrams and exports in electronic or print media, including:

• internal dashboards, reports, presentations, documentation, and training;
• websites, shared or exported diagrams, advertising, marketing, and sales material;
• educational material, books, editorial publications, packaging, and merchandise;
• video, film, broadcast, and social media; and
• work produced for Customer's clients as part of a broader professional service.

These uses may be commercial. No attribution is required for an SDShape owned by McQuillen Interactive unless its library entry expressly says otherwise. A finished diagram remains a permitted output even if its file format technically contains an embedded or vector representation of a supplied SDShape, provided the purpose is to communicate the diagram rather than to distribute a reusable SDShape asset.

4. SDShape and library restrictions

Customer must not, except where applicable law does not permit the restriction:

• extract, scrape, download in bulk, republish, sell, sublicense, transfer, or distribute a supplied SDShape, definition, renderer, or library as a standalone or substantially reusable asset;
• use supplied SDShapes or definitions to create or train a competing stock-art, component, icon, template, or diagram-shape library;
• make source assets available in a form intended to let recipients edit, extract, or reuse them independently of the finished diagram;
• remove a required attribution, provenance, licence, copyright, or trademark notice;
• use a supplied SDShape, or a confusingly similar adaptation, as a trademark, service mark, logo, or source identifier without separate written permission;
• claim ownership of a supplied SDShape or suggest that McQuillen Interactive endorses Customer or the subject represented by an SDShape; or
• circumvent plan, export, access, or technical controls protecting Platform Materials.

Customer may make reasonable cached, backup, and working copies automatically created through ordinary authorised use. This does not grant a right to maintain a mirror of the Platform Materials or make them available after access ends, except within a finished diagram already lawfully exported or published during authorised use.

5. Customer and third-party shapes

Customer retains ownership of original shapes, artwork, definitions, and libraries it creates or submits as Customer Content through supported features. This does not promise support for asset uploads, customer-defined shape definitions, or executable renderers. Customer grants us the limited Customer Content licence in the Terms so we can store, validate, render, display, and deliver them. Customer is responsible for securing all necessary rights and for accurately recording licence, provenance, and attribution information.

A third-party shape or library is governed by the licence displayed with that item, not by Section 3 of this Licence. If a third-party licence conflicts with this Licence, the third-party licence controls only that third-party material. We may remove or disable material where its provenance or rights cannot be verified.

6. Customer diagrams and exports

As between the parties, Customer owns the original selection, arrangement, labels, configuration, state data, and other Customer-created expression in its diagrams, subject to underlying rights in Platform Materials and third-party content. Publishing a diagram publicly does not transfer those rights or apply an open-content licence.

The licence to previously created finished outputs is perpetual, provided the output was created during authorised use and Customer continues to comply with the shape-use restrictions. After termination, Customer may continue displaying and distributing those outputs. Customer may not use termination as a means to retain or redistribute an extracted library or source component collection.

7. Software restrictions

Customer must not:

• copy or operate the hosted application outside the Service;
• sell, rent, lease, sublicense, or provide the Service itself to a third party;
• reverse engineer, decompile, disassemble, or attempt to discover non-public source code or algorithms, except to the limited extent a law makes that restriction unenforceable;
• modify, bypass, or disable authentication, billing, entitlement, or security controls;
• use non-public interfaces or misleadingly imply compatibility or endorsement; or
• use Platform Materials to build a service whose primary purpose competes with the core hosted diagram-authoring, semantic-shape, or live-diagram functionality.

These restrictions do not prohibit independent integration with documented APIs, development of a competing product without misuse of Platform Materials, or exercise of rights granted by an applicable open-source licence.

8. Open-source components

The Service uses third-party open-source software, including Excalidraw. Those components are governed by their own licences and notices in the application's third-party notices. This Licence does not reduce rights granted by an open-source licence. The SimpleDiagrams Cloud hosted service, semantic component definitions, proprietary renderers, and SimpleDiagrams-owned artwork are not made open source merely because an open-source component is used to render or edit a scene.

9. Trademarks and publicity

“SimpleDiagrams,” associated logos, and product trade dress are our marks. Customer may truthfully state that it uses SimpleDiagrams, but may not use our marks in a way that suggests sponsorship or forms part of Customer's own product name, domain, or logo. We will not use Customer's name or logo in marketing without permission.

10. Term and effect of termination

This Licence starts when Customer first accepts the Terms and continues while Customer has authorised access. Paid authoring, API, agent, and source-asset rights end when the applicable subscription ends. During the limited lapsed period described in the Terms, Customer retains only the access we make available for supported viewing, export, and resubscription. During a planned Service Closure, Customer retains only the supported access we make available to export Customer Content until the notified closure date. All Service access ends when the account or organisation is closed. Sections concerning ownership, restrictions, finished outputs, open-source rights, and terms that by nature should survive will survive.

11. Contact

Licensing questions and requests for OEM, embedded, marketplace, or broader redistribution rights should be sent to support@simplediagrams.com.