CLOUDYDUPE TERMS OF SERVICE AND END USER LICENSE AGREEMENT

Effective Date: July 13, 2026

Revision: July 13, 2026

These Terms of Service and End User License Agreement (“Terms”) constitute a legally binding agreement between Vertolini, LLC, a Wisconsin limited liability company (“Vertolini,” “Company,” “we,” “us,” or “our”), and the individual or entity that downloads, installs, accesses, purchases, or uses CloudyDupe (“User,” “you,” or “your”).

CloudyDupe, together with its software, functionality, documentation, updates, and related materials, is referred to in these Terms as the “Application.”

BY DOWNLOADING, INSTALLING, ACCESSING, PURCHASING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, PURCHASE, OR USE THE APPLICATION.

1. CLOUDYDUPE IS A COPY UTILITY

CloudyDupe is a file-copying utility that assists User in creating a local copy of data made available to the Application from supported sources and saving that copy to a destination selected by User.

CLOUDYDUPE IS NOT BACKUP SOFTWARE AND DOES NOT PROVIDE BACKUP SERVICES.

CloudyDupe does not provide data preservation, archival storage, managed storage, synchronization, disaster recovery, data recovery, continuous monitoring, restoration, or any other service intended to guarantee the continued existence, integrity, availability, or recoverability of data.

CloudyDupe must not be used or relied upon as the sole means of protecting, preserving, retaining, restoring, or recovering any data.

No description of the Application, completion message, status message, documentation, support communication, marketing statement, or other communication changes the purpose or limitations stated in this Section unless contained in a separate written agreement signed by an authorized representative of Vertolini.

2. DEFINITIONS

“Data” means information or digital material of any kind, regardless of its form, source, location, ownership, purpose, importance, or value.

“Source” means any location, account, service, system, device, library, folder, or other place from which the Application attempts to access or copy Data.

“Destination” means any location, system, device, folder, drive, service, or other place to which the Application attempts to copy Data.

“Operation” means any process performed or attempted by the Application.

3. CONSTRUCTION OF THESE TERMS

These Terms must be interpreted as a whole.

A specific statement does not narrow, qualify, or limit a broader statement unless these Terms expressly state that it does.

Any example, explanation, description, or reference to a particular circumstance is illustrative only and does not establish an exclusive or exhaustive category. The words “include,” “includes,” “including,” “such as,” “for example,” and similar expressions mean “including without limitation.”

No omission of a particular event, cause, condition, failure, loss, type of Data, system, service, device, or circumstance from these Terms creates or implies any responsibility, representation, warranty, or liability on the part of Vertolini.

Headings are provided only for convenience and do not limit or control the meaning of these Terms.

4. ELIGIBILITY AND AUTHORITY

You represent that you are legally capable of entering into these Terms.

If you use the Application for or on behalf of another individual, business, organization, or legal entity, you represent that you have authority to accept these Terms on that party’s behalf. In that circumstance, “User,” “you,” and “your” include both you and the party on whose behalf you act.

A person who is not legally capable of entering into these Terms may use the Application only under the supervision of a parent or legal guardian who accepts these Terms and assumes responsibility for that use.

5. LICENSE

Subject to your continuing compliance with these Terms, Vertolini grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the Application for its intended purpose.

The Application is licensed and not sold. Vertolini and its licensors retain all ownership and other rights not expressly granted in these Terms.

For an Application obtained through the Apple App Store, the license is limited to use on Apple-branded products that you own or control, as permitted by the applicable Apple Media Services usage rules. The Application may also be accessed and used through Family Sharing, volume purchasing, Legacy Contacts, or another Apple program to the extent permitted by Apple.

6. RESTRICTIONS

You may not copy, distribute, sell, resell, rent, lease, lend, sublicense, assign, commercially exploit, or transfer the Application except as expressly permitted by these Terms or applicable law.

You may not reverse engineer, decompile, disassemble, decrypt, modify, translate, circumvent, or attempt to derive the source code, internal operation, licensing controls, security measures, or protected components of the Application except to the limited extent that applicable law expressly prohibits such a restriction.

You may not use the Application to gain unauthorized access to Data, accounts, systems, devices, services, or property.

You may not use the Application unlawfully, fraudulently, abusively, or in a manner that infringes or violates another person’s rights.

You may not interfere with or attempt to interfere with the Application, its licensing, its operation, another user, Vertolini, Apple, or any related system or service.

7. USER AUTHORIZATION

You are solely responsible for ensuring that you own or have all rights, permissions, credentials, authority, and lawful access necessary to access and copy all Data processed through the Application.

The Application’s ability to access Data does not establish that you are legally authorized to access, possess, copy, transfer, retain, disclose, or otherwise use that Data.

You are solely responsible for complying with all laws, contractual obligations, employment obligations, confidentiality obligations, intellectual-property rights, privacy rights, retention requirements, and third-party terms applicable to your Data and use of the Application.

Vertolini does not inspect or determine the ownership, legality, sensitivity, confidentiality, importance, or value of Data.

8. USER RESPONSIBILITY FOR DATA

USER IS SOLELY RESPONSIBLE FOR PROTECTING AND PRESERVING ALL DATA.

Because CloudyDupe is not backup software and does not provide backup services, User is solely responsible for maintaining independent backups of all Data before, during, and after use of the Application.

An independent backup must exist separately from both the Source and the Destination used by CloudyDupe and must not depend upon CloudyDupe for its creation, availability, integrity, or recovery.

User is solely responsible for independently verifying that any Data User intends to rely upon has been successfully copied and is complete, accurate, readable, usable, and recoverable.

User must perform that verification before deleting, modifying, moving, replacing, surrendering access to, or otherwise taking any action affecting the original Data, the copied Data, a Source, or a Destination.

User assumes all risk associated with failing to maintain an independent backup, failing to verify copied Data, or relying upon the Application or the result of any Operation.

9. NO GUARANTEE OF COPY RESULTS

Vertolini does not represent, warrant, or guarantee that the Application will discover, identify, access, download, process, copy, export, reproduce, preserve, or verify any particular Data or all Data expected by User.

Vertolini does not represent, warrant, or guarantee that Data produced by an Operation will be complete, accurate, unchanged, current, readable, usable, compatible, independently recoverable, or identical to its Source.

Vertolini does not represent, warrant, or guarantee that the Application will preserve any filename, path, organization, relationship, version, format, attribute, permission, ownership information, date, metadata, edit, associated resource, or other characteristic of Data.

The presence of Data at a Destination does not establish that the Data is complete, correct, uncorrupted, usable, or recoverable.

The absence of an error, warning, or failure message does not establish that all expected Data was located, accessed, downloaded, copied, preserved, or verified.

10. STATUS AND COMPLETION MESSAGES

Any message stating or suggesting that an Operation is complete, successful, finished, current, verified, or otherwise concluded means only that the Application reached the applicable stage of its programmed process based upon the information and conditions available to it at that time.

No status, progress, completion, success, verification, count, size, report, log, or similar information constitutes a warranty or guarantee concerning Data.

Such information must not be relied upon as a substitute for User’s own independent inspection and verification.

11. SOURCES, DESTINATIONS, AND EXTERNAL CONDITIONS

User is solely responsible for selecting, configuring, maintaining, securing, and confirming the suitability of every Source and Destination.

The Application operates in an environment that includes systems, services, accounts, devices, hardware, software, storage media, file systems, networks, permissions, configurations, security controls, and other conditions that Vertolini does not exclusively control.

Vertolini assumes no responsibility for the operation, reliability, condition, compatibility, capacity, accessibility, security, availability, behavior, or continued existence of anything not under Vertolini’s exclusive control.

Vertolini is not responsible for any result, failure, interruption, delay, omission, alteration, duplication, corruption, unavailability, or loss arising out of or relating to any Source, Destination, external condition, or interaction between the Application and anything not under Vertolini’s exclusive control.

This allocation of responsibility applies regardless of whether the external condition was known, unknown, foreseeable, unforeseeable, temporary, permanent, reported, unreported, or capable of being detected by the Application.

12. APPLE AND THIRD-PARTY SERVICES

CloudyDupe may depend upon or interact with products, systems, services, frameworks, interfaces, permissions, formats, accounts, or functionality provided by Apple or another third party.

Vertolini does not own or control Apple, iCloud, iCloud Drive, Apple Photos, Photos libraries, Apple Accounts, the App Store, macOS, Apple frameworks, third-party storage, external drives, network storage, file systems, Internet services, or other third-party products or services.

Vertolini makes no representation or warranty concerning any third-party product or service.

A third party may change, restrict, interrupt, suspend, discontinue, replace, or alter its products, services, terms, interfaces, functionality, availability, or behavior at any time.

Vertolini is not responsible for any effect that a third-party act, omission, product, service, failure, change, restriction, or condition has upon the Application, an Operation, Data, a Source, or a Destination.

User must comply with all applicable third-party agreements when using the Application.

13. USER ACTIONS AND RELIANCE

User retains control over the Sources, Destinations, settings, selections, permissions, accounts, devices, and actions involved in using the Application.

User is solely responsible for reviewing those matters and for every decision or action taken before, during, or after an Operation.

To the maximum extent permitted by law, Vertolini is not responsible or liable for any loss, damage, deletion, alteration, corruption, omission, duplication, disclosure, unavailability, inability to access, or inability to recover Data arising out of or relating to User’s use of or reliance upon the Application, an Operation, a result, a message produced by the Application, or any action or inaction taken in connection with the Application.

This provision applies regardless of the cause, sequence of events, location of the Data, person performing the action, or point at which the condition arose.

14. NO DATA-RECOVERY OR RESTORATION OBLIGATION

CloudyDupe does not provide data-recovery or restoration services.

Vertolini has no obligation to locate, retrieve, recreate, reconstruct, repair, restore, replace, repurchase, relicense, or compensate User for any Data.

Vertolini does not guarantee that it will possess any copy, record, information, log, or technical capability that would permit lost, unavailable, damaged, deleted, or corrupted Data to be recovered.

User acknowledges that Data may be permanently lost and that Vertolini may have no means of assisting with its recovery.

15. PRIVACY

Use of the Application is also subject to the Vertolini Privacy Policy made available through the Application, App Store listing, or Vertolini website. The Privacy Policy is incorporated into these Terms by reference.

User is responsible for reviewing any information included in a support request, diagnostic report, screenshot, attachment, log, or other communication before sending it to Vertolini.

Submission of information to Vertolini for support does not create a storage, preservation, confidentiality, fiduciary, recovery, or data-custody obligation beyond the obligations expressly stated in the Privacy Policy or required by law.

16. PURCHASES AND REFUNDS

Purchases and in-app purchases made through the App Store are processed by Apple and are subject to Apple’s applicable purchasing, payment, subscription, cancellation, and refund terms.

Vertolini does not receive or store User’s complete payment-card information for App Store purchases.

Except where applicable law requires otherwise, requests for refunds of App Store transactions must be directed to Apple and will be determined under Apple’s policies.

Access to paid functionality may depend upon Apple confirming a valid purchase entitlement. Vertolini is not responsible for the operation or availability of Apple’s payment, receipt, entitlement, purchase-restoration, or account systems.

17. MAINTENANCE, SUPPORT, AND UPDATES

Vertolini is solely responsible for any maintenance or support that Vertolini expressly agrees or is legally required to provide. Apple has no obligation to provide maintenance or support for the Application.

Vertolini may provide, modify, limit, suspend, or discontinue support at its discretion, subject to applicable law.

Support does not include data recovery, data restoration, forensic analysis, reconstruction, account recovery, hardware repair, storage repair, or any guarantee that an issue can be diagnosed or corrected.

Vertolini may, but is not obligated to, provide updates, upgrades, corrections, modifications, or new versions of the Application.

An update may add, change, restrict, replace, or remove functionality. Vertolini does not guarantee compatibility with any present or future device, operating system, service, framework, account, Source, Destination, format, or configuration.

18. APPLICATION AVAILABILITY

Vertolini does not guarantee that the Application or any functionality will remain available for purchase, download, redownload, installation, activation, restoration, access, support, or use.

Vertolini may suspend, discontinue, withdraw, replace, or cease supporting the Application or any functionality at any time, subject to applicable law.

Discontinuation of the Application does not create an obligation to preserve, restore, migrate, convert, or recover User’s Data.

19. OWNERSHIP AND INTELLECTUAL PROPERTY

The Application and all associated software, design, documentation, text, graphics, interfaces, trademarks, service marks, logos, and other proprietary materials are owned by Vertolini or its licensors and are protected by applicable intellectual-property laws.

CloudyDupe, Vertolini, and associated names and branding may not be used without prior written permission.

These Terms do not transfer ownership of User’s Data to Vertolini.

If a third party claims that the Application or User’s authorized possession and use of the Application infringes that party’s intellectual-property rights, Vertolini, and not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by applicable law.

20. FEEDBACK

If User voluntarily provides an idea, suggestion, recommendation, correction, improvement, or other feedback concerning the Application, User grants Vertolini a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, reproduce, modify, distribute, commercialize, and incorporate that feedback without restriction or compensation.

This Section does not grant Vertolini ownership of User’s Data.

21. TERMINATION

These Terms remain effective until terminated.

User may terminate these Terms by ceasing all use of the Application and deleting all copies of the Application under User’s control.

The license granted under these Terms terminates automatically if User materially violates these Terms. Upon termination, User must cease using the Application and delete all copies under User’s control.

Vertolini may suspend or terminate access to the Application or paid functionality where permitted by law if User violates these Terms, interferes with the Application or its licensing, uses the Application unlawfully, or creates a material risk to Vertolini, Apple, another person, or another system.

Termination does not entitle User to a refund except where required by law or applicable Apple policy.

Any provision that by its nature should continue after termination will survive termination. This includes all provisions concerning Data responsibility, ownership, restrictions, warranty disclaimers, liability limitations, indemnification, dispute resolution, interpretation, and general legal terms.

22. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ALL ASSOCIATED FUNCTIONALITY, DOCUMENTATION, INFORMATION, SUPPORT, UPDATES, AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND AT USER’S SOLE RISK.

VERTOLINI DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, DUTIES, AND GUARANTEES OF EVERY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, COMPATIBILITY, SECURITY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, DATA INTEGRITY, AND RESULTS.

VERTOLINI DOES NOT WARRANT THAT THE APPLICATION WILL MEET USER’S NEEDS OR EXPECTATIONS, PERFORM ANY PARTICULAR RESULT, OPERATE WITHOUT INTERRUPTION, OPERATE WITHOUT ERROR, DETECT OR REPORT EVERY CONDITION, OR PREVENT LOSS OR DAMAGE.

VERTOLINI DOES NOT WARRANT THAT ANY DATA WILL BE LOCATED, ACCESSED, DOWNLOADED, COPIED, PRESERVED, VERIFIED, READABLE, USABLE, COMPLETE, ACCURATE, UNCHANGED, AVAILABLE, OR RECOVERABLE.

VERTOLINI DOES NOT WARRANT THAT ANY ERROR, FAILURE, DEFECT, INCOMPATIBILITY, INTERRUPTION, OR LOSS WILL BE DISCOVERED, REPORTED, CORRECTED, AVOIDED, OR CAPABLE OF REMEDIATION.

NO ORAL OR WRITTEN INFORMATION, ADVICE, STATEMENT, DOCUMENTATION, SUPPORT RESPONSE, STATUS MESSAGE, OR COMMUNICATION CREATES A WARRANTY UNLESS EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF VERTOLINI.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

23. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERTOLINI AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, LICENSORS, DISTRIBUTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE APPLICATION, THESE TERMS, AN OPERATION, DATA, A SOURCE, A DESTINATION, OR USER’S USE OF OR INABILITY TO USE THE APPLICATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERTOLINI SHALL NOT BE LIABLE FOR ANY LOSS OF, DAMAGE TO, DELETION OF, CORRUPTION OF, ALTERATION OF, DISCLOSURE OF, UNAVAILABILITY OF, OR INABILITY TO ACCESS, USE, RESTORE, REPLACE, OR RECOVER DATA, REGARDLESS OF THE NATURE OR VALUE OF THE DATA.

THIS EXCLUSION INCLUDES ALL ECONOMIC, PERSONAL, SENTIMENTAL, HISTORICAL, CREATIVE, PROFESSIONAL, BUSINESS, REPLACEMENT, RECONSTRUCTION, RESTORATION, AND RECOVERY VALUE ASSOCIATED WITH DATA.

VERTOLINI SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST OPPORTUNITY, LOST BUSINESS, LOST GOODWILL, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF PRODUCTIVITY, SUBSTITUTE SERVICES, REPLACEMENT EQUIPMENT, RECOVERY SERVICES, FORENSIC SERVICES, OR ANY OTHER LOSS ARISING OUT OF OR RELATING TO THE APPLICATION OR DATA.

THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OF THE LOSS, WHETHER THE LOSS WAS FORESEEABLE, WHETHER VERTOLINI WAS ADVISED OF THE POSSIBILITY OF THE LOSS, AND WHETHER THE CLAIM IS ASSERTED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, STATUTE, MISREPRESENTATION, EQUITY, OR ANY OTHER THEORY.

THESE LIMITATIONS APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERTOLINI’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION OR THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT USER ACTUALLY PAID FOR THE APPLICATION DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM OR FIFTY UNITED STATES DOLLARS.

THIS LIMIT IS AN AGGREGATE LIMIT FOR ALL EVENTS, LOSSES, CLAIMS, USERS, DEVICES, OPERATIONS, AND LEGAL THEORIES. IT IS NOT A PER-CLAIM, PER-INCIDENT, PER-DEVICE, PER-FILE, OR PER-OPERATION LIMIT.

Nothing in these Terms excludes or limits liability to the extent that applicable law prohibits that exclusion or limitation.

24. ALLOCATION AND ASSUMPTION OF RISK

User acknowledges that software capable of interacting with Data necessarily involves risks that cannot be entirely eliminated.

User voluntarily assumes all risks arising out of or relating to use of the Application, except to the extent applicable law prohibits such an assumption.

User acknowledges that the availability and pricing of the Application reflect the allocation of responsibility and risk contained in these Terms.

The disclaimers, User responsibilities, exclusions of damages, and liability limitations are essential elements of the agreement between User and Vertolini.

25. INDEMNIFICATION

To the maximum extent permitted by applicable law, User agrees to indemnify, defend, and hold harmless Vertolini and its members, managers, employees, contractors, representatives, licensors, and affiliates from claims, demands, proceedings, losses, liabilities, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising out of or relating to User’s violation of these Terms, unlawful or unauthorized use of the Application, infringement or violation of another person’s rights, or access to or use of Data without sufficient authority.

This obligation does not require User to indemnify Vertolini for liability that applicable law prohibits Vertolini from transferring to User.

Vertolini may control the defense and settlement of a covered claim. User must reasonably cooperate with that defense. Vertolini will not enter into a settlement that imposes a personal admission of wrongdoing or an independent monetary obligation upon User without User’s consent, which will not be unreasonably withheld.

26. APPLE APP STORE TERMS

These Terms are entered into between User and Vertolini only, and not with Apple. Vertolini, not Apple, is solely responsible for the Application and its content.

Apple has no obligation to furnish maintenance or support services for the Application.

If the Application fails to conform to an applicable warranty that has not been validly disclaimed, User may notify Apple, and Apple may refund the purchase price paid for the Application. To the maximum extent permitted by applicable law, Apple has no other warranty obligation concerning the Application.

Vertolini, and not Apple, is responsible for addressing claims relating to the Application or User’s possession or use of the Application, including product-liability claims, claims that the Application fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar law. This responsibility to address claims does not expand Vertolini’s liability beyond the limitations contained in these Terms or imposed by applicable law.

Vertolini, and not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Application or User’s authorized possession and use of the Application infringes that party’s intellectual-property rights.

User must comply with applicable third-party terms when using the Application.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against User as a third-party beneficiary.

27. EXPORT AND LEGAL COMPLIANCE

User represents that User is not located in a country or region subject to a United States government embargo or designated by the United States government as supporting terrorism and is not included on a United States government list of prohibited or restricted parties.

User may not use, export, re-export, transfer, or make available the Application in violation of United States law or any other applicable law.

User is solely responsible for ensuring that use of the Application and handling of Data comply with all applicable laws.

28. CHANGES TO THESE TERMS

Vertolini may revise these Terms prospectively from time to time. Each revised version will identify its revision date and effective date.

Except where a shorter period is required by applicable law, revised Terms will become effective no earlier than thirty days after Vertolini posts the revised Terms and provides notice of the revision through the Application.

Continued use of the Application after the effective date of revised Terms constitutes acceptance of those revised Terms to the extent permitted by applicable law. Vertolini may require User to affirmatively accept revised Terms before permitting continued use of the Application.

If User does not agree to the revised Terms, User must stop using and delete the Application before the revised Terms become effective.

Revised Terms apply prospectively and do not alter the terms governing an event, claim, or dispute that arose before the revised Terms became effective, unless User separately agrees and applicable law permits the change.

29. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.

Subject to any mandatory law that cannot be waived, any dispute arising out of or relating to these Terms or the Application shall be brought exclusively in a state court located in Portage County, Wisconsin, or in the United States District Court for the Western District of Wisconsin.

User and Vertolini consent to the personal jurisdiction of those courts and waive objections based upon venue or inconvenience.

Nothing in this Section deprives a consumer of a mandatory right or remedy provided by the law of the consumer’s jurisdiction that cannot lawfully be waived by contract.

30. ENTIRE AGREEMENT

These Terms and the incorporated Privacy Policy constitute the entire agreement between User and Vertolini concerning the Application and supersede prior or contemporaneous representations, communications, proposals, and agreements concerning the Application.

No representation, promise, warranty, or agreement not contained in these Terms or another written agreement signed by an authorized representative of Vertolini is binding upon Vertolini.

If a separate written agreement signed by Vertolini expressly governs User’s use of the Application, that agreement controls only to the extent of a direct conflict.

31. SEVERABILITY AND REFORMATION

If a provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

If permitted by law, the provision will be modified only to the minimum extent necessary to make it valid and enforceable while most closely preserving its intended purpose.

The remaining provisions will remain in full force and effect unless the invalid provision is so essential that enforcement of the remainder would defeat the fundamental purpose of the agreement.

32. WAIVER

A failure or delay by Vertolini in exercising a right or remedy does not waive that right or remedy.

A waiver is effective only if made in writing by an authorized representative of Vertolini and applies only to the specific circumstance for which it was given.

A waiver of one breach does not waive another or later breach.

33. ASSIGNMENT

User may not assign, delegate, or transfer these Terms or any license or right granted under them without Vertolini’s prior written consent.

Vertolini may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or transfer of the Application or related business.

Any attempted assignment prohibited by this Section is void to the extent permitted by law.

34. FORCE MAJEURE

Vertolini is not responsible for delay, interruption, failure, unavailability, or inability to perform caused by circumstances outside Vertolini’s reasonable control.

This Section does not create an obligation for Vertolini to resume, replace, recreate, restore, or continue any particular functionality, service, or version of the Application.

35. NO THIRD-PARTY RIGHTS

Except for Apple and its subsidiaries as expressly provided in these Terms, these Terms do not create enforceable rights for any person or entity other than User and Vertolini.

36. CONTACT INFORMATION

Questions, complaints, or claims concerning the Application may be directed to:

Vertolini, LLC

Stevens Point, Wisconsin 54481

United States

Email: support@vertolini.com

Telephone: +1 310 362 0262

37. ACKNOWLEDGMENT

USER ACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDS THESE TERMS.

USER SPECIFICALLY ACKNOWLEDGES THAT CLOUDYDUPE IS A COPY UTILITY, IS NOT BACKUP SOFTWARE, AND DOES NOT PROVIDE BACKUP SERVICES.

USER ACKNOWLEDGES THAT USER IS SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS, VERIFYING ALL COPIED DATA, AND PROTECTING ALL SOURCE AND DESTINATION DATA.

USER ACKNOWLEDGES THAT DATA MAY BE LOST, DAMAGED, OMITTED, ALTERED, CORRUPTED, UNAVAILABLE, OR UNRECOVERABLE AND THAT VERTOLINI’S RESPONSIBILITY AND LIABILITY ARE LIMITED AS PROVIDED IN THESE TERMS.

BY DOWNLOADING, INSTALLING, ACCESSING, PURCHASING, OR USING THE APPLICATION, USER ACCEPTS THESE TERMS.

Vertolini, LLC

Revision: July 13, 2026