Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TourKit ("we," "us," or "our") regarding your use of the TourKit service, including our Chrome extension, web application, and related services (collectively, the "Service").

By accessing or using TourKit, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. Eligibility

You must be at least 13 years old to use TourKit. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To use TourKit, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password
• Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for:

• Safeguarding your password and account credentials
• Notifying us immediately of any unauthorized access or security breach
• All activities that occur under your account

4. Acceptable Use Policy

4.1 Permitted Uses

TourKit is designed for creating product tours and demonstrations. You may use the Service to:

• Record product tours and software demonstrations
• Create educational and training content
• Document workflows and processes
• Share your recordings with others (when you choose to do so)

4.2 Prohibited Activities

You agree NOT to:

• Illegal Content: Record, upload, or share content that is illegal, fraudulent, or violates any law
• Infringing Content: Record copyrighted material, trademarks, or other intellectual property without proper authorization
• Privacy Violations: Record others' personal information, private communications, or sensitive data without consent
• Financial Information: Record banking, credit card, or other financial account credentials
• Harmful Content: Create or share content containing malware, viruses, or malicious code
• Harassment: Use the Service to harass, abuse, threaten, or intimidate others
• Spam: Use the Service for unsolicited advertising or promotional purposes
• System Abuse: Attempt to interfere with, compromise, or disrupt the Service or servers
• Unauthorized Access: Access accounts, data, or systems without authorization
• Reverse Engineering: Reverse engineer, decompile, or attempt to extract source code

5. User Content and Intellectual Property

5.1 Your Content Ownership

You retain all ownership rights to the recordings and content you create using TourKit ("User Content"). We do not claim ownership of your User Content.

5.2 License to TourKit

By uploading User Content, you grant TourKit a limited, non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your User Content
• Enable you to edit, share, and manage your tours
• Provide analytics and performance data
• Make publicly shared tours accessible to recipients you designate

This license ends when you delete your User Content from our Service.

5.3 TourKit's Intellectual Property

The Service, including its design, code, features, and branding, is owned by TourKit and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

6. Service Limitations and Usage Limits

We may impose reasonable limitations on your use of the Service, including:

• Maximum recording duration per session
• Total storage capacity
• Maximum file upload sizes
• Number of tours or steps per tour
• API request rate limits

We reserve the right to modify these limitations at any time with reasonable notice.

7. Privacy and Data Collection

Your use of TourKit is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

8. Account Termination

8.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination:

• Your access to the Service will be disabled
• Your User Content will be scheduled for deletion within 30 days
• You will lose access to all tours and data

8.2 Termination by TourKit

We may suspend or terminate your access to the Service at any time, with or without notice, if:

• You violate these Terms or our policies
• Your account is inactive for an extended period
• We are required to do so by law
• Continuing to provide the Service creates legal or security risks

8.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, and limitations of liability.

9. Disclaimers and Warranties

To the fullest extent permitted by law, TourKit disclaims all warranties, express or implied, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or availability of the Service
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the quality or accuracy of any content or information

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be available at all times
• Any errors or defects will be corrected
• The Service is free from viruses or harmful components

10. Limitation of Liability

This includes, but is not limited to, damages for:

• Loss of profits, revenue, data, or use
• Loss of business opportunities
• Personal or business interruption
• Cost of substitute services

Our total liability to you for any claims arising from your use of the Service is limited to the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless TourKit, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any claim that your User Content caused damage to a third party

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing a claim, you agree to contact us at tourkitcontact@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

12.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration, except where prohibited by law. You waive your right to a jury trial.

13. Changes to These Terms

We may modify 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 to your registered email address
• Displaying a prominent notice in the Service

Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

14. General Provisions

14.1 Entire Agreement

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

14.2 Severability

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

14.3 Waiver

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

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

14.5 Contact for Legal Notices

All legal notices should be sent to: tourkitcontact@gmail.com

15. Contact Information

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