End user licence agreement

FAIRmark licence agreement

Version 1.0 · Effective on installation or purchase, whichever occurs first

Licensor: FAIRmark LLC, a California limited liability company (formed 24 July 2026), 1425 Baypointe Drive, Newport Beach, CA 92660, United States ("we", "us").
Contact: support@getfairmark.com

This agreement is a contract between you — an individual or a single company ("you") — and us, covering the FAIRmark software, its files, documentation and updates (the "Software"). By installing, activating or using the Software you agree to it. If you do not agree, do not install it.

1. What the Software does

FAIRmark is a Windows desktop application that helps quality and manufacturing engineers prepare First Article Inspection documentation to the AS9102 standard. It imports engineering drawings, lets you balloon inspection characteristics, and generates AS9102 Forms 1, 2 and 3 for export to Excel, PDF, PNG, CSV and AS9102 XML. It includes an OCR assist feature for reading values from drawings.

The Software runs entirely on your computer. It does not transmit your drawings, inspection data or project content over any network.

2. Your licence

Subject to payment and to this agreement, we grant you a perpetual, non-exclusive, non-transferable licence to install and use one copy of the Software on one computer (the "Licensed Computer"), for your internal business purposes.

"One computer" means one physical or virtual machine, identified by a machine identifier the Software derives from that computer's Windows installation. Each licence runs on one Licensed Computer at a time.

2.1 Editions

If you bought Basic, Pro-only features are not licensed to you until you upgrade. Upgrading costs the difference in price and changes your licence edition; it is not a new licence or a refund of the original.

2.2 Evaluation

The Software may be offered for a time-limited evaluation. During evaluation it is fully functional but applies a visible evaluation watermark to the workspace and to every export, and may stop permitting new work when the period ends. Documents produced during evaluation are marked "not for submission" and must not be used as actual First Article Inspection records.

3. Activation

To activate, you give us the machine identifier shown by the Software on the Licensed Computer and we issue a licence file bound to that computer. You agree that the Software may read this identifier for licence validation. The Software does not transmit it; you send it to us yourself when ordering or requesting a transfer.

4. What you may not do

5. Moving your licence

A licence is bound to one computer, but you may move it to a different computer — for example when replacing hardware — free of charge and as often as you need. Request a new licence file for the new computer's machine identifier and stop using the old one. A licence may be active on only one computer at a time.

You may permanently transfer a licence to another party only with our prior written consent, provided they accept this agreement and you keep no copies.

6. Ownership

The Software is licensed, not sold. We and our licensors keep all rights in it. This agreement grants you nothing beyond the licence stated. "FAIRmark" and the FAIRmark logo are trademarks of FAIRmark LLC.

Your inspection data, drawings, projects and the documents you produce are yours. We claim no ownership of them and, because the Software is offline, we never receive them.

7. Third-party and open-source components

The Software includes third-party and open-source components — including the Tauri application framework and other open-source libraries — each licensed to you under its own terms. Those licences govern those components, and where one grants you rights broader than this agreement, that licence controls for that component. A list of these components and their notices is available within the Software and on request. The components are provided by their respective owners without warranty, and section 12 (No warranty) and section 13 (Limitation of liability) apply to them.

8. Updates, maintenance and support

Your purchase includes updates released during the first 12 months. After that, new versions may be offered under an optional annual maintenance plan at 18% of the then-current licence price per year. Your perpetual licence to the versions you already have does not expire if you don't renew — you simply don't receive later releases.

Support is provided at support@getfairmark.com on a commercially reasonable-efforts basis. We are not obliged to keep any particular feature, format or integration available in future versions.

9. Export compliance

The Software may be subject to export control laws, including the U.S. Export Administration Regulations and the laws of other jurisdictions. You are responsible for complying with them. The Software runs offline and transmits nothing, but you are solely responsible for ensuring that your use of it with controlled technical data — including any data subject to the International Traffic in Arms Regulations (ITAR) — meets every export control, handling and access obligation that applies to that data. You confirm that you are not located in, under the control of, or a national or resident of any country subject to a U.S. embargo or comprehensive sanctions, that you are not on any U.S. government restricted-party list, and that you will not use, export or re-export the Software in violation of any applicable export control or sanctions law.

10. U.S. Government end users

The Software and its documentation are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 2.101, 12.212 and 227.7202. Consistent with FAR 12.212 and DFARS 227.7202-1 and 227.7202-3, any use, reproduction, release, performance, display or disclosure of the Software and its documentation by the U.S. Government, or by a contractor acquiring on its behalf, is governed solely by the terms of this agreement, and the Government acquires only the rights granted here. Any provision inconsistent with federal procurement law has no effect to the extent of that inconsistency.

11. Privacy

The Software is offline: it does not send your drawings, inspection data, project content or the machine identifier anywhere. We do not collect telemetry.

Separately, when you request an evaluation, place an order, or activate or transfer a licence, you provide information — such as your name, company, email address and the machine identifier of the Licensed Computer. We process that information only to issue and support your licence, to keep our required business and tax records, and to contact you about your licence. We do not sell it. Payments are handled by our merchant of record, whose own privacy terms apply to the payment information you give them; we do not receive your full card details. To ask about the information we hold, or to request its deletion where the law provides that right, contact support@getfairmark.com.

12. No warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

FAIRmark is a documentation and productivity tool. It does not perform, verify, certify or approve any inspection, measurement or engineering judgment, and it is not calibrated or qualified measurement equipment. We do not warrant that its output — ballooning, automatic grid detection, OCR-read values, computed limits or generated AS9102 forms — will be accurate, complete or error-free.

You are solely responsible for verifying the accuracy and completeness of every First Article Inspection record produced with the Software before it is relied upon or submitted. OCR and automatic detection produce provisional results that a qualified person must review and confirm. Responsibility for the correctness of any FAI, and for compliance with AS9102 and any customer or regulatory requirement, remains entirely with you and your quality personnel.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PRODUCTION OR BUSINESS, OR FOR THE COST OF SCRAP, REWORK, RECALL, REJECTED PARTS OR CLAIMS BY YOUR CUSTOMERS, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY, AND REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE LICENCE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT.

Some jurisdictions do not allow certain exclusions, so parts of this may not apply to you; liability is then limited to the maximum extent the law permits. Nothing here excludes liability that cannot lawfully be excluded.

14. Refunds

A free, fully functional 14-day evaluation is available before purchase, so you can fully assess the Software first. Paid licence fees are therefore non-refundable except as stated here or as the law requires. We will refund a licence within 14 days of purchase if it has not been used to produce First Article Inspection records that are relied upon or submitted; refunds outside that window are at our discretion. Purchases are sold and processed by our merchant of record, Paddle, and refund requests are made through Paddle (paddle.net). Paddle's buyer terms and any mandatory consumer-protection rights that apply to you also govern refunds and may provide rights in addition to those stated here.

15. Term and termination

This agreement runs until terminated. It ends automatically if you materially breach it, in particular sections 4 or 9. On termination you must stop using the Software and remove all copies. Sections 6, 7, 9, 12, 13, 16, 17 and 18 survive termination. Your perpetual licence is not otherwise time-limited.

16. Order of precedence; conflicting terms

This agreement governs your licence of the Software. Any additional or conflicting terms in a purchase order, vendor-registration form, supplier portal, or similar document you issue are rejected and have no effect, even if we acknowledge, accept payment against, or fulfil that document. The only terms that can add to or change this agreement are those set out in a separate written agreement signed by an authorised representative of FAIRmark LLC.

17. Governing law

This agreement is governed by the laws of the State of California, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Orange County, California, and you consent to their jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. General

This is the entire agreement about the Software and supersedes earlier understandings. If any part is unenforceable, the rest stands. Our failure to enforce a right is not a waiver. You may not assign this agreement without our consent; we may assign it in connection with a merger or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control.

By installing or using FAIRmark you confirm you have read this agreement, understand it, and agree to be bound by it.

© 2026 FAIRmark LLC. All rights reserved. FAIRmark is a trademark of FAIRmark LLC.