Terms of Service

1. Agreement to Terms

Welcome to ScreenKite. These Terms of Service (“Terms”) govern your access to and use of the ScreenKite screen recording application and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and ScreenKite (“Company,” “we,” “us,” or “our”).

2. Description of Service

ScreenKite is a macOS screen recording application that allows you to:

• Record your screen, microphone, and camera
• Edit and enhance your recordings with professional tools
• Export videos in various formats
• Manage and organize your recording projects

Local Storage: All screen recordings are stored locally on your device. We do not have access to, do not monitor, and do not store the content of your recordings on our servers.

3. Beta Software Notice

4. Eligibility & Account Registration

4.1 Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or legal guardian.

4.2 Account Creation

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

5. User Obligations & Acceptable Use

5.1 Permitted Use

You may use ScreenKite for lawful purposes, including creating educational content, tutorials, demonstrations, and professional presentations.

5.2 Prohibited Activities

You agree NOT to:

• Use the Service to record or distribute illegal, harmful, or infringing content
• Record conversations, meetings, or content without proper consent and authorization
• Violate any third-party intellectual property, privacy, or publicity rights
• Reverse engineer, decompile, or disassemble the software
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use the Service to harass, abuse, threaten, or harm others
• Attempt to gain unauthorized access to our systems or other users' accounts
• Distribute malware, viruses, or other harmful code
• Use automated systems (bots, scrapers) without our written permission
• Resell, sublicense, or transfer your license to others

5.3 Your Responsibility for Content

You are solely responsible for:

• All content you create, record, store, or share using ScreenKite
• Obtaining necessary permissions and consents before recording others
• Complying with applicable laws, including privacy, copyright, and wiretapping laws
• Securing your local recordings and preventing unauthorized access

Recording Laws: Many jurisdictions require consent before recording conversations or individuals. You are responsible for understanding and complying with applicable recording consent laws in your jurisdiction.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all software, text, images, graphics, user interfaces, trademarks, logos, and the “ScreenKite” name, are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain all ownership rights to your recordings and content. We do not claim ownership of your content. Since recordings are stored locally on your device, we do not have access to them.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use them without compensation or attribution.

7. License Grant & Restrictions

7.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install ScreenKite on devices you own or control
• Use the Service for personal or commercial purposes

7.2 License Restrictions

This license does NOT permit you to:

• Copy, modify, or create derivative works of the software
• Distribute, sell, rent, lease, or sublicense the software
• Use the software for any illegal purpose
• Circumvent or disable any security features or technical protection measures

7.3 System Requirements

ScreenKite requires macOS 12.3 or later. We are not responsible if the Service does not function on your device.

8. Payment & Subscription (Future)

Current Beta Period: ScreenKite is currently free during the Public Beta phase.

Future Paid Model: When the Service transitions to a paid model:

• We will provide at least 30 days' advance notice
• Beta users may receive special pricing or grandfather benefits
• All payments will be processed securely through third-party payment processors
• Subscriptions will automatically renew unless canceled
• Refunds will be handled according to our refund policy (to be published)

9. Termination

9.1 Termination by You

You may stop using the Service at any time by uninstalling the application and deleting your account.

9.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent, illegal, or abusive behavior
• We are required to do so by law
• We decide to discontinue the Service (with reasonable notice)

9.3 Effect of Termination

Upon termination:

• Your license to use the Service immediately ends
• Your account will be deactivated
• Your local recordings will remain on your device (we cannot access or delete them)
• Sections of these Terms that should survive termination will continue to apply

10. Disclaimers & Limitations of Liability

10.1 “AS IS” Disclaimer

10.2 Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless ScreenKite, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• The content you create, record, store, or share using ScreenKite
• Your failure to obtain necessary consents before recording others

12. Dispute Resolution & Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Before filing a lawsuit, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. General Provisions

13.1 Updates to Terms

We may update these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms with a new “Last Updated” date
• Sending an email notification
• Displaying an in-app notification

Your continued use after changes become effective constitutes acceptance of the updated Terms.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.4 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and ScreenKite regarding the Service.

13.5 Export Controls

You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

14. Contact Us

If you have questions or concerns about these Terms, please contact us: