These Terms of Service ("Terms") are an agreement between you and madamestudio, trading as Kirocast ("Kirocast," "we," "us," or "our"). They govern your access to the Kirocast application, website, and related services (the "Service"). By downloading, installing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 15 years old (the minimum age of digital consent in France), or the equivalent minimum age in your country, to use the Service. By using it, you represent that you meet this requirement and that you have the authority to agree to these Terms.
2. License to use the app
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use Kirocast on devices you own or control. Your use of the software is also governed by the End-User License Agreement.
Recording and editing are free. Exporting requires a paid license, except during the free trial. The trial starts when you confirm your email address in the app and lasts 3 days (72 hours), during which every export is available without a license. One trial is offered per Mac, whatever email address is used. Kirocast may end or extend a trial at its discretion.
3. Orders and payment
Stripe conducts our order process as our Merchant of Record through Stripe Managed Payments. Stripe handles checkout, payments, taxes, invoices, payment-related customer service, and returns. Your purchase appears as Sold through Link, and your bank statement shows LINK.COM followed by our descriptor.
Before you complete an order, the checkout shows the product, the total price, the currency, and whether the charge is one-time or recurring. Prices and taxes are shown for your billing location and may be converted to your local currency. A purchase is also subject to the Link Terms.
4. Refunds
Your initial Kirocast software license purchase has a 14-day money-back guarantee. Our Refund Policy explains how to request a refund and how Stripe processes it. This guarantee does not limit any mandatory consumer rights that apply to you.
5. Your content and recordings
You retain all rights to the screen recordings, edits, and exported videos you create with the Service ("Your Content"). Because the Service is designed to run locally, Your Content generally stays on your device. You are solely responsible for Your Content and for backing it up.
6. Lawful and responsible recording
You are responsible for complying with all laws that apply to you when you capture your screen, camera, or audio, including any requirement to obtain consent from people who appear in or can be heard in a recording. You agree not to use the Service to record anyone unlawfully or in violation of their privacy or intellectual property rights.
7. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any law.
- Reverse engineer, decompile, or attempt to extract source code except to the extent permitted by law.
- Share, resell, sublicense, transfer your license to another person or company, or commercially redistribute the Service.
- Interfere with or disrupt the integrity or performance of the Service.
- Use the Service to infringe the intellectual property or privacy rights of others.
8. Early access and pre-release versions
The Service may be offered as an early access, beta, or other pre-release version. Pre-release software may contain bugs, may change significantly, and may be modified or discontinued at any time. It is provided for evaluation and may be less reliable than a final release.
9. Intellectual property
The Service, including its software, design, branding, and content (other than Your Content), is owned by us or our licensors and is protected by intellectual property laws. These Terms do not grant you any rights in our trademarks or branding.
10. Third-party services
The Service may integrate with or link to third-party services. We are not responsible for those services, and your use of them is governed by their own terms and privacy policies.
11. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will render your recordings without error, or that it will be uninterrupted or secure.
12. 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 any loss of data, profits, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim or USD $50.
13. Termination
You may stop using the Service at any time. We may suspend or terminate your access to the Service if you violate these Terms or if we discontinue the Service. Upon termination, the license granted to you ends, though sections intended to survive (such as disclaimers and limitations of liability) will remain in effect.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
15. Governing law
These Terms are governed by the laws of France, without regard to its conflict-of-laws rules, except where mandatory consumer protection laws of your country of residence apply.
16. Contact
Questions about these Terms? Email madamestudio, trading as Kirocast, at gabrielle@kirocast.com.