1. Purpose
These Terms set out the conditions and procedures for using HiCapture (the 'App'), the HiCapture website (the 'Site') and the paid license for the App (the 'License'), and the rights and obligations of users and Flate (Republic of Korea), the operator of HiCapture (the 'Operator').
2. Effect and Amendment of These Terms
By installing the App, using the Site or purchasing a License, you are deemed to have agreed to these Terms.
The Operator may amend these Terms to the extent permitted by applicable law. When doing so, the Operator will post the effective date and the changes on the Site at least 7 days before they take effect. Changes that are unfavorable to users will be posted at least 30 days in advance.
Amendments to these Terms will not change the price, term of use or number of devices of a License you have already purchased to your disadvantage.
If you do not agree to the amended Terms, you may stop using the App and delete it.
3. License to Use
The Operator grants you a non-transferable, non-exclusive right to install and use the App for personal and business purposes.
- Free featurescapture, the capture editor, background decoration, text and color extraction, drawing on screen and similar features can be used free of charge without a License.
- Paid featuresscreen recording and the video editor can be used on a computer on which a License has been activated.
The scope of free and paid features may change in accordance with Section 9, but features you were using with a License you have already purchased will not be put behind a paywall again.
You must not:
- Reverse engineer, decompile or disassemble the App (except where permitted by law)
- Circumvent license verification, or share, resell or publish a license key
- Modify the App, or redistribute, sell or rent it under another name
- Use the App or the Site for unlawful purposes or to infringe the rights of others
- Interfere with the normal operation of the Site
4. Paid License
The License is a lifetime license paid for once, priced at USD 14.99 (excluding tax; see Section 5). It is not a subscription, so you will not be charged again automatically.
- Each payment issues one license key, which is sent to the email address you entered at checkout.
- One License can be activated and used on one computer.
- If you switch computers, deactivate the License on the old computer and then activate it on the new one. If you can no longer use the old computer, let us know through the contact channel and we will help you deactivate it.
- The License has no expiration date, and you can receive future HiCapture updates at no additional cost.
'Lifetime' means the License has no expiration date. It is not a promise that the Operator will develop the App forever or support every version of the operating system.
A License is used by the individual who purchased it, or by one member of the organization that purchased it. If several people will use the App, purchase one License per person.
5. Payment and Seller
Payments for the License are processed by Lemon Squeezy (Link, LLC, USA) as the Merchant of Record. Lemon Squeezy is responsible for payment processing, calculating and remitting taxes, issuing receipts and processing refunds, and Lemon Squeezy's buyer terms apply to your payment together with these Terms.
- Payment method information such as card numbers is handled by Lemon Squeezy and its payment processors; the Operator does not receive or store it.
- Depending on the laws of your country of residence, taxes such as VAT may be added at checkout. The final amount is shown on the checkout page before you pay.
- Prices are set in US dollars, and depending on your payment method or card issuer you may be charged in another currency or incur currency conversion fees.
- Because payment is made through an overseas business, cards that block international payments may not be accepted.
The Operator may change the price. A changed price applies only to purchases made after the change.
6. Withdrawal and Refunds
You may request a full refund within 14 days of the date of purchase, no questions asked. This applies even if you have activated the License.
- You can request a refund by email through the contact channel, or by following the instructions in the order email sent by Lemon Squeezy. Please include your order number or the email address you paid with.
- Refunds are made through Lemon Squeezy to your original payment method, and depending on your card issuer it may take a few days to appear.
- Once refunded, the License is deactivated and paid features can no longer be used. Free features remain available.
Even after 14 days, a refund will be given where the Operator is at fault, such as when the License does not work as described, or where applicable law, including Korea's Act on the Consumer Protection in Electronic Commerce, provides for a refund.
If a license key was obtained fraudulently, or a chargeback was abused, the Operator may deactivate the License.
7. Your Content
All rights to the screenshots, recordings and edited output you create with the App (the 'Content') belong to you. Content is created and stored on your computer and is not transmitted to the Operator.
Your screen may contain other people's personal information or copyrighted works. You are responsible for complying with applicable law and respecting the rights of others when saving or sharing Content.
8. Permissions and Operation
The App requests the operating system's screen recording permission to capture and record your screen, and the microphone permission if you turn on microphone recording. You can revoke these permissions at any time in the operating system's settings, in which case the related features will stop working.
To check for new versions, the App reads an installation information file from a public repository (GitHub). You can turn off automatic checks in Settings.
When you activate or deactivate a License, and when it occasionally checks that the License is valid, the App sends the license key and a name that identifies this computer to Lemon Squeezy. A License that is already activated can continue to be used for a while without an internet connection.
9. Updates and Changes to the Service
The Operator may add, change or remove features of the App and may release new versions. Whether to install an update is up to you.
The Operator may change or discontinue all or part of the Site.
If the Operator stops distributing the App, it will give advance notice on the Site and take steps so that Licenses already activated can continue to be used without online verification.
10. Intellectual Property
All rights to the App and the Site, as well as their name, logo, design and documentation, belong to the Operator. Apart from the license to use in Section 3, these Terms do not transfer any rights to you. Purchasing a License gives you the right to use the App, not ownership of it.
Open-source components included in the App are governed by their respective licenses.
11. Disclaimer of Warranties
The App and the Site are provided 'as is'. To the extent permitted by law, the Operator does not warrant that the App will operate without errors or interruptions, or that it is fit for any particular purpose. Before purchasing, please use the free features and the refund period in Section 6 to check that the App suits you.
Please back up important data separately. The App is designed not to overwrite your files, but choosing where files are saved and managing them is your responsibility.
12. Limitation of Liability
To the extent permitted by law, the Operator is not liable for any indirect, incidental, special or consequential damages (including loss of data or loss of business) arising from the use of, or inability to use, the App or the Site.
Even where the Operator is liable, the amount shall not exceed the amount you actually paid for the License.
However, this does not apply to damages caused by the Operator's intentional misconduct or gross negligence, or to damages for which liability cannot be limited by law.
13. Third-Party Services
The App and the Site use GitHub and Homebrew for installation, distribution and updates, and Lemon Squeezy for payments and for issuing and verifying Licenses. Your use of these services is governed by their respective terms and policies.
14. Termination
You may stop using the App at any time by deleting it. When you delete the App you may also delete its settings files; saved Content remains in the folder you chose. Deleting the App does not remove your License, so you can activate it again if you reinstall.
If you violate these Terms, the Operator may revoke the license to use granted in Section 3 and deactivate your License. In that case, the Operator will first notify you of the reason and give you an opportunity to respond.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Korea. However, if the consumer protection laws of your country of residence grant you more favorable rights, those rights remain protected.
Any dispute relating to these Terms shall be subject to the jurisdiction of the court determined under the Civil Procedure Act of the Republic of Korea.
16. Contact
Please send any questions about these Terms, payments, refunds or Licenses through the contact channel below. Email is the fastest way to reach us about payments and refunds.
Operator: Flate (Republic of Korea)
info@flate.co.kr
github.com/132262B/homebrew-hicapture/issues