Customer-Branded App Addendum
This addendum applies when UpliftOS builds, signs, and distributes a standalone desktop or mobile application that carries your name, icon, and brand rather than ours — a customer-branded bundle. It adds to your Terms of Service and App Ownership & License; where it conflicts with either on the subjects below, this addendum governs.
It exists because a branded bundle puts your name on software we compile and sign. That arrangement is worth writing down precisely, in both directions.
1. What a Branded Bundle Is
When you request one, UpliftOS builds an installable application from the platform and your application, configured with your organization's display name, your icon, and your brand colors. We publish it to a distribution channel keyed to your organization, along with an update manifest for each platform, and the installed application checks that manifest for new versions.
Your brand is on the outside. Ours is on the build.
2. Your End Users Agree to Your Terms, Not Ours
The people who install and use your branded bundle are your users, and your terms govern them. You are their provider. You publish the terms of use and the privacy notice they accept, you answer their support requests, and you are responsible for the application's content, availability, accuracy, and legal compliance. UpliftOS is not a party to your agreement with them and does not present its own terms to them.
You are the controller of their personal data. UpliftOS processes it on your behalf as your processor, under the Data Processing Agreement and the safeguards in our Privacy Policy.
3. The Pass-Through You Must Include — and What Happens If You Do Not
Because your end users never see a UpliftOS agreement, your own terms must carry three things through to them. This is a condition of distributing under your own brand, not a suggestion:
- Technology provider. That the application is built and operated on technology provided by UpliftOS, which is not the provider of the application and is not responsible for it.
- Warranty disclaimer. That UpliftOS makes no warranty to your end users, of any kind, regarding the application.
- Liability flow-down. That UpliftOS is not liable to your end users for the application, and that their remedies lie with you. The limitation of liability in your terms must not purport to give your end users rights against UpliftOS that your own agreement with us does not give you.
We publish drafting language you can adopt, and adopting it verbatim satisfies this section. Equivalent wording of your own is acceptable; silence is not.
If your terms do not carry the pass-through, your license to distribute under your own brand is suspended until they do. In practice that means UpliftOS may decline to build a new version of your branded bundle and may stop publishing updates to its channel, on notice to you, until the pass-through is in place. We will not disable or remove an application already installed on an end user's device — punishing your users for your omission would be the wrong remedy — but you will not receive new builds.
You also indemnify UpliftOS against claims brought by your end users that the pass-through would have addressed, on the same terms as the indemnity in our Terms of Service.
4. Signing, Distribution, and Who Is Named on the Binary
A branded bundle is compiled, code-signed, and notarized using UpliftOS's own developer credentials, and its internal bundle identifier is in UpliftOS's namespace. The application is distributed from UpliftOS's infrastructure and updated from UpliftOS's manifest.
So while the application presents your brand to the user, UpliftOS is the signer of the binary, and — where UpliftOS submits a branded application to a public app store on your behalf — UpliftOS is the developer of record on that listing. Three consequences follow, and you should know all three before you ship:
- Platform rules bind the bundle. Apple's, Google's, and Microsoft's requirements apply to it, and a bundle that violates them can be rejected or removed by them regardless of your agreement with us.
- We may refuse to sign. UpliftOS will not sign or distribute a bundle whose content or conduct breaches our Acceptable Use Policy or applicable law. This is not editorial discretion over your product; it is the consequence of our signature being on it.
- We cannot transfer our signature. If you need a bundle signed under your own developer identity and published on your own account, that is a different arrangement and is not covered by this addendum. Ask us.
5. Your Brand License to Us, and Ours to You
You grant UpliftOS a limited, non-exclusive, revocable license to use your name, logo, icon, and brand colors solely to build, sign, package, distribute, and update your branded bundle, and to operate it for you. We acquire no other right in your brand, and we do not use it to market UpliftOS without your separate written consent.
We do not grant you any license to UpliftOS's own marks by way of this addendum. Attribution you include under Section 3 is a factual statement about the technology, which needs no trademark license; anything beyond that is governed by our Trademark Notice.
6. Updates, Versions, and Support
Updates reach your end users through UpliftOS's channel for your organization. You decide when a new version is requested; we decide nothing about your application's content, and we do not push changes to your users other than the build you asked for.
Where a security defect in the platform affects installed bundles, we may build and publish a corrective version without waiting for a request, and we will tell you when we do. Front-line support for your end users is yours. Platform support to you is governed by your subscription.
7. Ending the Arrangement
If your subscription ends, or you stop distributing under your own brand:
- You keep your application and everything in App Ownership & License Section 7 continues to apply.
- New branded builds stop, and the update channel for your bundle stops being published.
- Installed copies are not disabled by us. They keep working as locally installed software, for as long as they work without the platform services they call.
- Your brand license to us in Section 5 ends, and we stop using your marks.
- Our signature stays on binaries already signed, because a signature cannot be withdrawn from a file already distributed. We may notify the relevant app store where a listing is in our name and you have stopped operating the application.
8. Limits of This Document
Nothing here changes the warranty disclaimers, indemnities, or limitation of liability in our Terms of Service. Nothing here makes UpliftOS a party to your agreement with your end users, and nothing here makes you a party to ours.
Questions about branded distribution:
Legal: [email protected]
Support: [email protected]