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LEGAL

Mockingbyrd — Terms of Use

EFFECTIVE SEPTEMBER 29, 2026

These Terms govern your download and use of the Mockingbyrd macOS application (the "App") and the website at mockingbyrd.io (the "Site"). The App and Site are provided by 3Cubed LLC, a Delaware limited liability company, 2219 Main St., Unit 588, Santa Monica, CA 90405, United States of America ("Mockingbyrd", "we", "us"). By downloading, installing, or using the App, you agree to these Terms.

1. What the App does

1.1 The App scores your Mac's configuration against a rule pack, generates scripts to fix findings, inspects AI agent tool calls through a local hook before they run, monitors configuration drift, and estimates AI token usage from logs already on your Mac.

1.2 It runs locally. The App processes this data on your Mac. It does not require an account and does not upload your files, logs, prompts, or scan results to us. Our Privacy Policy describes the limited data we do receive.

1.3 Cost figures are estimates. Token-ledger figures show what the same traffic would cost at list API prices. They are not a bill and may differ from what any provider charges you.

2. Licence

2.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on Macs you own or control, for your personal or internal business use, subject to these Terms.

2.2 Trial. The App runs for 7 days without an activation code. After that, a code is needed to keep using it.

2.3 Activation codes. Codes are tied to the machine code of one Mac. You may not share, sell, or transfer a code. During the test phase codes are issued free of charge, and we may decline or revoke them at our discretion.

2.4 Paid licences. If we introduce paid licences, the price, billing, and refund terms will be shown before purchase and added to these Terms.

2.5 Open-source components. Parts of the App may be available under open-source licences. Those licences govern those components and prevail over these Terms for them.

3. Your responsibilities

3.1 You are in control of changes. The App shows fix scripts before they run and backs up settings before changing them. You decide whether to apply each change. Review scripts before running them. You are responsible for changes you apply to your system.

3.2 The guard can block actions. When enforcement is on, the hook may refuse or pause AI agent tool calls. This can interrupt work in progress. You can pause or disable enforcement at any time.

3.3 Authorized devices only. Install the App only on Macs you own or are authorized to administer. If you deploy it on devices used by others, you are responsible for giving any required notice and obtaining any required consent.

3.4 Rule packs. You may edit, weight, disable, or write your own rules. Custom rules and scripts are your responsibility.

4. Acceptable use

You will not: circumvent the trial or activation mechanism; redistribute, sell, or rent the App or codes, except as open-source licences allow; use the App to attack, surveil, or gain unauthorized access to systems or people; or use it in violation of law, including export control and sanctions laws.

5. No security guarantee

The App reduces risk. It does not detect or prevent every threat, misconfiguration, or misuse, and a passing score does not mean your Mac is secure. Keep backups and use other security measures as appropriate.

6. Updates

We may release updates that change or remove features. Updates are subject to these Terms.

7. Feedback

If you send feedback through the Site or by email, we may use it without obligation to you.

8. Intellectual property

Except for open-source components and the licence in Section 2, all rights in the App, Site, rule packs, documentation, and the Mockingbyrd name and logo remain with us or our licensors.

9. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. This does not limit statutory consumer rights that cannot be excluded.

10. Limitation of liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS, OR WORK, INCLUDING FROM FIX SCRIPTS YOU CHOOSE TO RUN OR TOOL CALLS THE GUARD BLOCKS.

10.2 OUR TOTAL LIABILITY IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AND US $100.

10.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, gross negligence, willful misconduct, or any liability that cannot be limited by law. For EU and UK consumers, we remain liable under mandatory law for foreseeable loss caused by our breach.

11. Termination

You may stop using the App and uninstall it at any time. We may end your licence if you breach these Terms. On termination you must stop using the App. Sections 3, 5, and 8–13 survive.

12. Governing law and disputes

12.1 These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-law rules. The state and federal courts located in Delaware have jurisdiction.

12.2 If you are a consumer in the EU, UK, or Switzerland, you also keep the protection of the mandatory laws of your country of residence and may bring claims in your local courts. We do not take part in consumer dispute resolution proceedings before a consumer arbitration board.

13. General

We may update these Terms; material changes will be announced on the Site or in the App at least 30 days in advance. If a provision is unenforceable, the rest remains in effect. We may assign these Terms to an affiliate or successor.

14. Contact

3Cubed LLC · Attn: Michael Schoening · 2219 Main St., Unit 588, Santa Monica, CA 90405, United States of America · [email protected] · +1 (773) 548-2226

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© 2026 3Cubed LLC · Mockingbyrd is a trademark of 3Cubed LLC.
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