Kite Prompter
Software Terms and End User Licence Agreement
These Terms apply to Kite Prompter, its web application, mobile applications and related services that link to or incorporate them. Mandatory rights that cannot legally be excluded remain unaffected.
1. Parties and Paddle
These Terms are between the user and Individual Entrepreneur ILIA TSVETKOV, identification number 106402991, trading as nClear, legal address: Georgia, Tbilisi, Nadzaladevi district, Chargali street N79b, flat N408 (“nClear”, “we”, “us”).
nClear develops, supplies, licenses, digitally delivers and supports the software.
For purchases made through Paddle, Paddle is the authorised reseller and Merchant of Record. Paddle handles the order, payment, applicable transaction taxes, receipt, transaction/billing enquiries and refunds. nClear handles the software, account access, entitlement creation and technical/product support. Paddle’s Buyer Terms and Refund Policy also apply to the transaction.
2. Product-specific offer
The Kite Prompter Product Offer identifies the product and edition, price and currency, billing interval and automatic renewal, licence duration, user and device limits, included features and updates, supported environments and material limitations, account access and delivery method, and the free edition and playback trial.
The Product Offer shown for a purchase, the checkout summary and the saveable order confirmation are incorporated into these Terms. Product-specific facts in the Product Offer control over a general description in these Terms. These Terms control the common licence and use rules. Mandatory law controls where it cannot be varied.
3. Acceptance
Before purchasing a paid product, the buyer must affirmatively accept the Product Terms and Refund Policy shown for that offer. By installing or using free software after a reasonable opportunity to review these Terms, the user accepts them. A person purchasing for an organisation confirms that they have authority to do so.
If the user does not agree, they must not install, activate or use the software.
4. Licence
A valid purchase grants the user the limited, non-exclusive software licence described in the Product Offer and order confirmation. The licence is personal to the named user or licensed organisation and is subject to the stated duration, included version, computer/device and seat limits.
Kite Prompter PRO is a recurring subscription, not a perpetual licence. It renews automatically at the interval shown in the Product Offer and checkout unless cancelled. Cancellation stops future renewals and normally takes effect at the end of the current paid period; it does not by itself refund that period. The Refund Policy and mandatory rights remain applicable.
The purchase grants only the platforms, features, updates and services identified in the Product Offer. Other nClear products, additional users, seats or devices, and custom services are not included unless expressly offered.
The software is licensed, not sold. nClear retains ownership of the software, source code, design, documentation and branding. The user retains ownership of scripts, text, recordings and other content created using the software.
5. Free and evaluation editions
Where a Product Offer provides a free edition, its material features and limitations are stated there.
Such an edition may be used for commercial and non-commercial work unless its Product Offer expressly states a different permitted scope. An evaluation begins only through the stated user action and is not a paid licence unless expressly offered as one.
Free and evaluation editions are optional ways to test access, reading workflow and advertised features. Successful operation helps assess the tested system but does not automatically prove every paid feature, device or future version. Using or not using an evaluation edition does not waive any mandatory remedy.
6. Account access and device limits
Kite Prompter PRO is linked to the signed-in Kite Prompter account. The Product Offer states the supported access method and applicable device limit. An internet connection is needed for sign-in, purchase, subscription verification and cloud synchronization. Local cached content is not a perpetual offline licence.
The user must remain within the device and seat limits in the Product Offer. Account credentials, one-time codes and authenticated sessions must not be shared.
Account-specific or licensing-sensitive disclosure or action may require verification through a one-time code or authenticated account session.
7. Permitted and prohibited use
The licensed user may use the software for commercial and non-commercial presentations, film, broadcast, podcasts and other media, and may distribute the resulting recordings without paying royalties to nClear, unless the Product Offer expressly states a narrower scope.
The user may not:
- share, sell, rent, sublicense or publish account credentials or authenticated sessions;
- use an individual licence for multiple unrelated users;
- bypass or tamper with trial metering, subscription validation or feature restrictions;
- distribute the software or application as part of another product without permission;
- reverse engineer or modify the software except to the limited extent mandatory law expressly permits;
- use the software or service unlawfully or abusively.
Licence transfers are not normally offered, except where mandatory law requires a transfer or nClear approves one in writing.
8. Compatibility and user responsibilities
Only the platforms, tested environments and material limitations identified in the applicable Product Offer are part of the offer. Build availability alone is not a promise that every browser, device, beta system or future update will work.
The user should verify the advertised requirements before purchase and maintain backups of important scripts and content. Kite Prompter is a creative tool and is not designed for safety-critical use. The user is responsible for having the rights needed to upload and use their content. nClear processes that content to provide the service as described in the Privacy Policy.
9. Delivery, updates and support
After Paddle confirms a completed transaction, nClear creates or confirms the affected entitlement and sends a saveable order confirmation together with the account access, subscription, policy and support information described in the Product Offer before or when paid digital access begins. Account recovery may remain available if an email is delayed or filtered.
Included updates and their duration are stated in the Product Offer. nClear does not promise perpetual compatibility with future operating systems, browsers or hardware, or perpetual operation of every online service. Access to paid features remains subject to the continuing contractual right to use them.
Support routes:
- product, account and technical support:
support@nclear.pro; - Paddle transaction/refund coordination:
billing@nclear.pro; - Paddle payment, receipt and refund support: the link in the Paddle receipt or
https://paddle.net.
nClear may retain ordinary evidence of Terms/Refund acceptance, delivery, account access, subscription and device status, support and refund/dispute outcomes, including proportionate source IP address and User-Agent, as described in the Privacy Policy.
10. Refunds, withdrawal and payment disputes
The separate Refund Policy applies.
Except where applicable law requires a remedy or Paddle approves one under its policy, subscription payments, including renewals, are non-refundable and non-exchangeable. nClear provides no separate voluntary money-back guarantee and no voluntary pro-rata refund for unused time in a monthly or annual billing period. Cancellation, non-use or a change of mind does not by itself create a right to a refund. Mandatory withdrawal and other consumer remedies remain unaffected.
Once Paddle confirms a full refund of the payment supporting the current subscription period, the affected PRO entitlement ends immediately and nClear cancels the affected subscription with immediate effect to stop future renewal charges, subject to mandatory law. Access does not continue until the original paid-through date. A partial refund expressly linked to early termination ends the affected PRO access and future renewals when that termination takes effect.
A refund request alone, or a pending, rejected, tax-only, duplicate-payment correction, unrelated or ambiguous adjustment, does not automatically end access. A partial refund without termination, or a refund of an earlier period, does not by itself remove separately valid paid access. The confirmed outcome and affected entitlement are assessed under the Refund Policy; these corrections do not override a separate confirmed termination.
If Paddle reports a payment dispute or chargeback warning, nClear may temporarily suspend paid access for the affected entitlement while the matter is reviewed, without permanently terminating the subscription merely because a dispute is pending. A final lost chargeback may keep the affected access suspended; if the outcome terminates the current subscription, future renewal charges are stopped. If the dispute or warning is reversed, cancelled or won, nClear restores any remaining valid paid access after checking that no separate full refund, fraud, leaked-credential or licence-abuse block remains. The buyer’s lawful right to dispute a payment remains unaffected.
A local cache may remain on a device that has not reconnected. That technical limitation does not preserve a contractual right to continue using refunded or validly terminated paid features. Cancellation or refund does not by itself delete the user’s scripts.
11. Suspension and termination
nClear may suspend paid access or account operations where reasonably necessary to address fraud, credential leakage, abusive traffic, licence sharing, a final payment reversal or a material breach. A curable breach should normally receive reasonable notice and an opportunity to cure.
Termination does not affect rights and obligations that by their nature continue, including ownership, payment consequences, restrictions and dispute provisions. A separately available free edition may continue to be used if that use complies with these Terms.
12. Warranties and mandatory rights
The software will be supplied materially as described for the platforms and features advertised in the applicable Product Offer at purchase. If a supported environment has a material defect, contact nClear so that delivery, access restoration, repair, replacement or another legally required remedy can be considered.
To the maximum extent the law allows, nClear does not promise uninterrupted or error-free operation or compatibility with every current or future third-party environment. Nothing in these Terms excludes a mandatory consumer guarantee, conformity remedy, withdrawal right or liability that cannot lawfully be excluded.
13. Liability
To the maximum extent permitted by law, nClear is not liable for indirect or consequential loss, including lost profits, lost production time or loss of projects that should reasonably have been backed up.
For a business user, nClear’s aggregate liability relating to a paid licence is limited to the amount paid for that licence. This limit does not apply to fraud, intentional misconduct, gross negligence, death or personal injury where liability cannot be limited, or any non-waivable consumer right.
14. Governing law and disputes
These Terms are governed by the laws of Georgia, subject to mandatory consumer protections that apply in the user’s country of residence. Georgian courts have non-exclusive jurisdiction, and a consumer may use another court or redress route where mandatory law permits.
Before formal proceedings, contact support@nclear.pro or billing@nclear.pro so the issue can be investigated. This does not prevent the exercise of a non-waivable right.
15. Changes
Changes apply prospectively. A later version will not retroactively remove a valid purchased entitlement or a mandatory right. The Terms and Product Offer versions identified for a purchase govern that purchase, while reasonable security and service-operation rules may apply to continuing online services.
16. Contact
- Supplier/licensor: Individual Entrepreneur ILIA TSVETKOV, trading as nClear
- Identification number:
106402991 - Address: Georgia, Tbilisi, Nadzaladevi district, Chargali street N79b, flat N408
- Website:
https://prompter.nclear.pro/ - Product support:
support@nclear.pro - Billing coordination:
billing@nclear.pro - Business telephone:
+995 598 80 36 72, Monday–Friday, 12:00–15:00 Georgia time
17. Apple App Store Specific Terms
If you downloaded the App from the Apple App Store, the following applies:
- Acknowledgment: This EULA is concluded between you and us only, not with Apple. We are solely responsible for the App.
- Scope of License: You are granted a non-transferable license to use the App on Apple-branded products you own or control, as permitted by Apple's Usage Rules.
- Maintenance and Support: We are solely responsible for maintenance and support. Apple has no obligation to furnish any support services.
- Warranty: If the App fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price. Apple has no other warranty obligation.
- Product Claims & IP: We, not Apple, are responsible for addressing any claims relating to the App or intellectual property infringement.
- Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this EULA and can enforce it against you.