Terms of Service | Glowcast

These Terms of Service (“Terms”) are a legal agreement between you and 17244720 Canada Inc (“we,” “us,” or “our”), the operator of Glowcast and related services. Glowcast is a native macOS application for screen annotation, cursor highlighting, spotlight and zoom tools, dimming inactive windows, hiding regions, keystroke display, and related presentation features (the “App”), together with our website at https://www.glowcastapp.com and any subdomains we operate (the “Site”). The App, Site, and any online tools or APIs we make available are collectively the “Services.”

By downloading, installing, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

1. Eligibility

You must be at least 18 years old (or the age of majority where you live) to enter into these Terms and use paid features. If you are between 13 and 17, you may only use the Services with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf. We do not knowingly offer the Services to children under 13.

You are responsible for ensuring your use of the Services complies with all laws and regulations that apply to you, including export, sanctions, and privacy laws in your jurisdiction.

2. Accounts and subscriptions

2.1 Accounts

Certain features (for example, purchasing or managing a subscription through our Site) may require you to create an account with us or with a third-party identity provider we use. You agree to provide accurate information and to keep your credentials secure. You are responsible for activity under your account. Notify us promptly at valyriaapps@gmail.com if you suspect unauthorized access.

2.2 Glowcast Pro subscription

Glowcast Pro or equivalent paid plans provide access to premium App features described on the Site (such as full annotation, cursor highlight, spotlight and zoom, dim inactive windows, hide region, keystroke display, and configurable shortcuts, subject to the version you use). Plans and pricing (currently advertised around USD $4.99 per month) may change; the price in effect at checkout applies unless we notify you otherwise as described below.

2.3 Billing, renewal, and trials

Subscriptions are billed on a recurring monthly basis (or other period shown at checkout) until cancelled.
Unless stated otherwise at purchase, subscriptions automatically renew for successive periods at the then-current rate unless you cancel before the renewal date.
We may offer a free trial (for example, a 7-day trial). If you do not cancel before the trial ends, your payment method may be charged for the first billing period. Trial eligibility, duration, and terms are shown at signup or checkout.
We may change subscription prices or introduce new fees with reasonable advance notice (for example, by email or in-app or on-Site notice). If you do not agree, you may cancel before the change takes effect. Continued use after the effective date may constitute acceptance where permitted by law.

2.4 Where you purchase

You obtain a Glowcast Pro subscription through our Site at https://www.glowcastapp.com, using checkout and billing operated by Lemon Squeezy (or another payment partner we designate and disclose at purchase). The App itself may be offered as a direct download for macOS; the subscription that unlocks Pro features is not sold through the Mac App Store. Lemon Squeezy’s terms and policies apply to payment processing as stated at checkout.

3. Payments, taxes, and currency

Payments are processed by third-party payment providers (such as Lemon Squeezy and underlying card or payment networks). You authorize us and our payment partners to charge your selected payment method for all fees. Fees are stated in the currency shown at checkout unless we say otherwise.

Prices may be exclusive or inclusive of applicable taxes (such as sales, VAT, or GST) depending on your location and our obligations; taxes shown at checkout are estimates where required. You are responsible for any taxes we are not required to collect.

Failed charges may result in suspension of paid features until payment succeeds. You remain responsible for amounts already due.

4. Refunds

Subscription fees and charges are subject to our separate Refund Policy, which explains when we may issue refunds, how to cancel, and how Lemon Squeezy–processed purchases are handled. The Refund Policy is incorporated into these Terms by reference.

5. License to use the App

Subject to these Terms and your payment of applicable fees, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on compatible Mac devices you own or control, solely for your own lawful purposes in accordance with documentation we provide.

You may not (and may not permit others to):

Copy, modify, adapt, translate, or create derivative works of the Services except as allowed by applicable law;
Reverse engineer, decompile, or disassemble the App, or attempt to derive source code, except to the limited extent such restriction is prohibited by law;
Rent, lease, sell, sublicense, distribute, or publicly perform the Services;
Remove or alter proprietary notices, circumvent technical limitations, or use the Services to build a competing product;
Use the Services in violation of law, to harm others, or to access data or systems without authorization.

6. Acceptable use

You agree not to:

Use the Services to harass, defraud, spam, or distribute malware;
Interfere with or disrupt the Services, servers, or networks, or scrape or automate access in a way that overloads or bypasses intended use;
Misrepresent your identity, manipulate reviews or rankings, or abuse support or refund processes;
Use the Services to record, capture, or display content in violation of others’ rights or reasonable expectations of privacy, or where prohibited by law or contract (for example, certain confidential meetings).

We may investigate violations and cooperate with law enforcement. We may suspend or terminate access for conduct we believe violates these Terms or creates risk or legal exposure.

7. Intellectual property

The Services, including software, branding, logos, text, graphics, and documentation, are owned by us or our licensors and protected by intellectual property laws. Except for the limited license above, no rights are granted. “Glowcast” and related marks are trademarks; do not use them without our prior written permission.

8. Your content

You retain rights in content you create using the Services. Most content created in the App (such as annotations, Ghost Notepad text, and preferences) is stored on your device and is not uploaded to our servers, as described in our Privacy Policy.

If you submit content to us—for example, text you send through optional Site features such as the AI text generator, information in support requests, or account details—you grant us a worldwide, non-exclusive, royalty-free license to host, process, store, and display that content only as needed to provide those features, respond to you, secure the Services, and as otherwise described in our Privacy Policy. You represent that you have the rights needed to grant this license and that your content does not violate law or third-party rights.

9. Privacy

Our Privacy Policy describes how we collect, use, and share personal information, including analytics (such as PostHog in the App and Google Analytics on the Site where you consent), authentication providers, optional AI features (such as OpenAI for the Site text generator), and payment processors. By using the Services, you acknowledge those practices.

10. AI and generated output

Some parts of the Services (for example, experimental or web-based tools that use artificial intelligence or machine learning) may generate text, suggestions, or other output. AI output may be inaccurate, incomplete, biased, or unsuitable for your purpose. We do not warrant that AI output is correct or fit for any professional, legal, financial, medical, or safety-critical use. You are solely responsible for reviewing, verifying, and deciding how to use any output. We are not liable for decisions, actions, or losses based on AI output or your reliance on it.

11. Service availability and changes

We strive to keep the Services reliable, but we do not guarantee uninterrupted or error-free operation. The Services may be modified, suspended, or discontinued (in whole or in part) for maintenance, security, legal, or business reasons. We are not liable for downtime, data loss, or bugs except where law does not allow such exclusion.

12. Third-party services

The Services may integrate with or link to third-party products (including video conferencing apps, operating system features, and payment platforms). Those third parties are not under our control; their terms and privacy policies apply. We are not responsible for third-party services.

12.1 Apple-branded products and Apple Inc.

If you use the App on Apple-branded hardware or withApple operating systems (such as macOS): (a) Apple Inc. is not a party to these Terms and has no obligation to provide maintenance or support for the App; (b) Apple is not responsible for the App or its content, and has no warranty obligations regarding the App beyond any applicable Apple hardware or OS warranty that may apply independently; (c) any questions, claims, or complaints relating to the App or your subscription should be directed to us at the contact below, not to Apple; (d) your use of Apple hardware and system software is also subject to Apple's applicable terms, end user license agreements, and policies. This does not limit any rights you may have against Apple under Apple's separate sale or support terms for its products.

Mac App Store: Glowcast Pro subscriptions described in these Terms are sold through our Site and Lemon Squeezy, not through Apple's In-App Purchase system. If we ever offer purchases through the Mac App Store, additional or different terms may apply and will be presented at purchase.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE SECURE OR FREE OF VIRUSES.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, our warranties are limited to the extent permitted by law.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IN THE twelve (12) months BEFORE THE CLAIM ARISES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES DURING THAT PERIOD, OR (B) USD $50, EXCEPT WHERE LAW REQUIRES OTHERWISE (FOR EXAMPLE, LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR STATUTORY RIGHTS THAT CANNOT BE WAIVED).

The limitations in this section apply to the fullest extent permitted in your jurisdiction. If you are a consumer, mandatory consumer protection laws may give you rights that cannot be waived; nothing here limits those rights.

15. Indemnification

You will defend, indemnify, and hold harmless 17244720 Canada Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your content, your violation of these Terms, or your violation of law or third-party rights. We may assume exclusive defense and control of any matter subject to indemnification at your expense; you will cooperate with our reasonable requests.

16. Termination

You may stop using the Services at any time. You may cancel a subscription through the method provided at purchase (for example, your account billing portal or the Lemon Squeezy customer portal). Cancellation stops future renewals; you typically retain access through the end of the paid period unless stated otherwise in our Refund Policy or applicable law.

We may suspend or terminate your access to the Services if you materially breach these Terms, if we are required to do so by law, or if we cease offering the Services. Provisions that by their nature should survive (including licenses granted to us, disclaimers, limitations of liability, indemnity, and governing law) will survive termination.

17. Export and government use

You may not use or export the Services except as authorized by law. The Services are commercial computer software; if acquired by or on behalf of a U.S. government entity, use is subject to applicable U.S. government rights clauses as implemented by regulation.

18. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict-of-law rules that would require another jurisdiction’s laws to apply.

Subject to mandatory consumer protection rules in your place of residence, you agree that the courts located in Toronto, Ontario have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, and you consent to personal jurisdiction there. If you are a consumer in the EEA, UK, or another region with non-waivable rights regarding venue or local courts, those rights may apply.

19. Class action waiver (where permitted)

To the extent permitted by law, you and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If a court finds this waiver unenforceable, the remainder of these Terms still applies.

20. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms on the Site and update the “Last updated” date. For material changes, we will provide reasonable notice (for example, by email, in-app message, or prominent Site notice). Your continued use after the effective date may constitute acceptance. If you do not agree, you must stop using the Services. Changes to fees or renewal terms may also be communicated as described in the subscription section.

21. General

Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Services.
Severability. If a provision is invalid or unenforceable, the remaining provisions remain in effect.
No waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Language. The English version controls if translations are provided.

22. Contact

Questions about these Terms: valyriaapps@gmail.com

These Terms are provided for informational purposes and do not constitute legal advice. Have qualified counsel review them for your business and jurisdictions.