KAIPU / LEGAL
Terms and conditions
Kaipu Record is a local recording, editing and exporting app with optional Cloud services. These terms cover the website, app and services operated by Niway S.A.C.
Who we are and acceptance
Niway S.A.C., based in Lima, Peru ("Niway", "we"), operates Kaipu Record. Contact us at contacto@niway.dev. By creating an account, signing in or using Cloud you accept these terms, the Cloud terms and the cookies notice, and acknowledge the privacy policy. If you do not accept them, do not create an account or use Cloud.
Your account
You must be at least 18 years old, or the age of majority where you live, and able to enter into a contract; if acting for an organization, you confirm you are authorized to bind it. You can create an account with email and password or sign in with Google. Provide accurate information, keep your credentials secure and tell us promptly about unauthorized access. If you use Google, you are also responsible for the security of your Google account, which Google, not Niway, controls. In the desktop app, sign-in may happen in your web browser and return to the app. You are responsible for activity under your account. We may require email verification and fraud or identity checks, and may refuse or close an account created with false information or to bypass limits.
Your device and recordings
Local recording, editing and exporting do not require an account. You decide what to capture, upload and share, and you are solely responsible for obtaining the consents needed to record people, screens, audio or third-party content. Recordings may contain passwords, personal or confidential information: review them before uploading or sharing. Keep your own backups; Niway is not responsible for the loss of files on your device.
Your content remains yours
You keep your rights to your recordings and other content. You grant Niway a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display your content as needed to operate, secure, improve and support the service and features you use, including through its providers. We do not sell your content or use it for advertising, and we do not use it to train general-purpose AI models without your permission. The license ends when the content is deleted, except for backup copies, content already shared by you and legal retention. If you send feedback or suggestions, Niway may use them freely without obligation to you.
Software and intellectual property
Niway grants you a revocable, non-exclusive, non-transferable license to use the app and service under these terms, for personal or commercial purposes. Using the desktop app for work, including inside a company, needs no paid plan. Kaipu, its brand, design and hosted infrastructure belong to Niway or its licensors. Components distributed under open-source licenses remain governed by those licenses, and these terms do not restrict the rights they grant. Do not reverse engineer the hosted service, access systems or data without authorization, or infringe third-party rights.
The app evolves
Niway may add, change, limit, replace or remove features, interfaces, formats, integrations, system requirements and providers at any time, and may require updates to keep using the service. Beta, experimental and free features are provided without commitment and may change or end without notice. Where a change materially reduces a paid service during its paid period, we will follow the notice and remedies required by law.
Free services and promotions
Free features, trials, promotions and quotas are offered at Niway's discretion and may be modified or withdrawn, with notice where the Cloud terms require it. They create no right to continued or future capacity or features, have no cash value and cannot be transferred. Using a promotion never results in automatic charges.
Paid plans
Niway may offer paid plans, such as premium Cloud storage or features, as one-time purchases or subscriptions. Before purchase we will show price, taxes, limits, billing period, renewal and cancellation terms. Subscriptions renew automatically for the same period until you cancel; cancellation takes effect at the end of the current period. Payments may be processed by a payment processor or a reseller acting as merchant of record, whose purchase terms also apply. A free account will never become paid without your express acceptance. We may change prices, plans, limits and included features for future periods with notice before the affected renewal; you may cancel before it takes effect. If a paid plan ends, your account returns to the free limits and the Cloud terms on exceeding a limit apply. Except where these terms, the purchase conditions or the law provide otherwise, payments are non-refundable.
Availability and support
The service is provided as available. Niway does not promise uninterrupted or error-free operation, a particular service level, compatibility with every device or continued support unless agreed in writing. We may perform maintenance, planned or urgent, and may limit usage to protect the service. Support is offered on a reasonable-effort basis through the contact email.
Suspension and closure
Niway may limit features, remove content or suspend or close accounts if you breach these terms, create risk or legal exposure for Niway, users or third parties, act fraudulently or abusively, or where required by law. We act proportionately and, where appropriate, explain the reason; urgent cases may require immediate action. Niway may also close free accounts for any reason with at least 30 days notice. You may stop using the service and request account closure at any time.
Scope of liability
To the maximum extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind beyond those expressly offered or legally required. Niway is not liable for indirect, incidental, special or consequential damages, lost profits, lost data or business interruption, and its total liability for any claim related to the service is limited to the greater of the amounts you paid Niway for the service in the 12 months before the event or USD 50. These limits do not apply where the law does not allow them, including intentional misconduct or gross negligence, or to non-waivable consumer rights.
Responsibility for your use
You are responsible for your content and your use of the service. To the extent permitted by law, you will indemnify Niway against third-party claims, fines and reasonable costs arising from your content, your breach of these terms or your violation of law or third-party rights. Niway will notify you of the claim and may take part in the defense. This does not apply to harm caused by Niway.
Changes to these terms
Niway may update these terms, the Cloud terms, the privacy policy and the cookies notice at any time. We publish the version and date of each update. Material changes will be communicated by email or in the service before they take effect, normally at least 15 days in advance, or sooner where required for legal, security or abuse reasons. Continuing to use the service after the effective date means you accept the change; if you do not accept it, stop using the service and retrieve your content. Changes do not apply retroactively to disputes already notified.
General provisions
These documents are the entire agreement between you and Niway about the service. Niway may assign or transfer them, including in a merger, acquisition or sale of assets; you may not transfer them without consent. Niway is not liable for delays or failures caused by events beyond its reasonable control, including provider outages. Not enforcing a provision is not a waiver. If a provision is unenforceable, it is limited to the minimum extent necessary and the rest remains in effect. The Spanish and English versions are equivalent; if they conflict, the Spanish version prevails.
Applicable law and disputes
These terms are governed by the laws of Peru. Disputes are submitted to the courts of Lima, Peru, without prejudice to mandatory consumer protections, the rights of consumers to go to the competent authorities, such as INDECOPI, or to the courts of their residence where the law grants that right. Please contact us first so we can try to resolve the issue.
Contact
Niway S.A.C. · Lima, Peru
contacto@niway.devFor support, privacy, account deletion or abuse reports, email us. Include your account email and the reason; do not send passwords or sensitive recordings.