Terms of Use

1. The agreement

These Terms of Use (“Terms”) are an agreement between you and DeepFocusLab Tech OÜ (“BrushKit”, “we”, “us”), the company behind the BrushKit app for iPad and iPhone (the “App”) and the BrushKit website. By downloading or using the App, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the App.

2. Who can use BrushKit

You need to be at least 13 years old to use the App. If you're under 18, or under the age of majority where you live, a parent or guardian needs to agree to these Terms for you.

3. Free and Premium

The App is free to download. Free users get access to a selection of free brush packs, including the Starter Kit. Premium unlocks the full brush library, new packs as they are released and the back catalogue, for as long as your Premium plan is active.

We add, update and sometimes retire packs. The size and contents of the library change over time, and numbers we quote (like the number of brushes) describe the library at the time we wrote them.

4. Subscriptions and payments

Premium is sold as an in-app purchase through Apple's App Store. Apple processes every payment, and your purchase is also covered by Apple's terms.

• Plans. Weekly, monthly and annual subscriptions, and a one-time Lifetime purchase. Current prices are shown in the App before you buy and may differ by country.
• Automatic renewal. Subscriptions renew automatically at the end of each period, at the same price and for the same length, and your Apple ID is charged within 24 hours before the period ends, unless you cancel at least 24 hours before then.
• Cancelling. Cancel anytime in BrushKit under Account → Manage Subscription. Cancelling stops the next renewal. Premium stays active until the end of the period you've already paid for. Deleting the App does not cancel a subscription.
• No free trial. Premium does not include a free trial. If we offer one in the future, its terms will be shown before you start it.
• Price changes. If a subscription price changes, Apple will tell you in advance and, where the law or Apple's rules require it, ask for your consent before charging the new price.
• Lifetime. A Lifetime purchase gives Premium access for as long as we operate the App, without renewal charges.

5. Refunds

Because Apple handles payments, refund requests go to Apple at reportaproblem.apple.com. Apple decides refunds under its own policies. Nothing in these Terms limits any refund rights you have under the consumer law of your country.

6. Invites and rewards

You can invite friends with your personal invite link. Rewards (such as free premium packs or free periods of Premium) are described in the App and are added automatically when an invite qualifies. Rewards have no cash value and can't be transferred or exchanged. We may change or end the invite programme at any time, but we will honour rewards you have already earned. We may withhold rewards obtained through fake accounts, self-referrals or other abuse.

7. Your licence to the brushes

All brushes, brush packs, pack artwork and other content in the App (“Content”) are owned by us or by the artists who make them for us, and are licensed, not sold, to you.

What you can do

• Install and use the brushes in Procreate and Procreate Pocket on devices you own or control. Not every pack is compatible with Procreate Pocket on iPhone.
• Use the brushes to create artwork for personal or commercial purposes, including client work, prints, merchandise and social media. The artwork you make is yours.

What you can't do

• Share, sell, resell, sublicense, give away or redistribute brush files (.brush or .brushset), whether as they are or modified, alone or as part of another brush pack, template or asset bundle.
• Upload brush files to file-sharing, marketplace or asset sites.
• Extract, copy or scrape Content from the App, or use Content to build a competing brush product.
• Use Content to train, fine-tune or build machine-learning or AI models.

Brushes you installed into Procreate while you had access to them can stay in Procreate and keep being used under this licence. Downloading Premium packs again requires an active Premium plan.

8. Your licence to the App

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on Apple devices you own or control, as allowed by Apple's Usage Rules. You may not copy, modify, reverse-engineer, decompile or try to extract the source code of the App, except where the law allows it, or use the App in a way that breaks the law or interferes with the service.

9. Feedback

If you send us ideas, suggestions or feedback, we may use them without any obligation to you. Thank you. It helps.

10. Procreate and other services

BrushKit is an independent app. It is not made by, affiliated with or endorsed by Savage Interactive Pty Ltd, the maker of Procreate. Procreate® is a registered trademark of Savage Interactive. You need your own copy of Procreate or Procreate Pocket to use the brushes, and your use of those apps is covered by their own terms.

The App relies on third-party services (such as Apple's App Store) that we don't control. We're not responsible for those services.

11. Changes to the App

We're improving BrushKit all the time. We may add, change or remove features and Content. If we ever stop operating the App, we'll give reasonable notice where we can.

12. Disclaimers

THE APP AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON'T PROMISE THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT EVERY BRUSH WILL WORK WITH EVERY VERSION OF PROCREATE.

13. Limitation of liability

TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR ARTWORK, ARISING FROM YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM.

Some countries don't allow these exclusions or limits, so they may not apply to you. Nothing in these Terms limits liability that can't be limited by law, or your rights as a consumer.

14. Ending these Terms

You can stop using the App at any time by deleting it (remember to cancel any subscription first, in BrushKit under Account → Manage Subscription). We may suspend or end your access if you seriously or repeatedly break these Terms, for example by redistributing brush files. The sections on the brush licence restrictions, disclaimers, limitation of liability and governing law continue after these Terms end.

15. Apple terms

These Terms are between you and us, not Apple. In line with Apple's requirements:

• We, not Apple, are solely responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App. To the extent the law allows, Apple has no other warranty obligation for the App.
• We, not Apple, are responsible for handling any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection claims.
• If a third party claims the App infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Where these Terms don't cover something, Apple's Licensed Application End User License Agreement applies.

16. Governing law

These Terms are governed by the laws of Estonia, without regard to its conflict-of-law rules. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in your local courts.

17. Changes to these Terms

We may update these Terms from time to time. When we do, we'll change the date at the top of this page, and for significant changes we'll let you know in the App. If you keep using BrushKit after an update, the new Terms apply.

18. Contact

Questions about these Terms? Email support@deepfocuslab.tech or write to DeepFocusLab Tech OÜ, Narva mnt 7-636, Kesklinna linnaosa, 10117 Tallinn, Harju maakond, Estonia.