KineKontrol
KineKontrol End User License Agreement
1. This agreement
This agreement is between you and us for the KineKontrol app and its updates (the "App"). By using the App you accept it, for yourself and any organisation you use it for. The Privacy Policy covers data. You are a consumer if you use the App wholly or mainly outside your trade, business, craft or profession; otherwise you are a business user.
2. Licence
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices you own or control, as the Usage Rules in Apple's Media Services Terms allow. The App is licensed, not sold. We and our Suppliers (section 4) retain all right, title and interest in the App; the copyright notice is under Settings › About.
Except where the law gives you a right that cannot be excluded, you must not reproduce or copy the App beyond what running it requires; distribute, sell, rent, lend or sublicense it; reverse engineer, decompile or disassemble it or try to derive its source code, protocols or file formats; modify it; remove any notice; get around its subscription checks or security; use it to extract or publish a camera maker's protocol or documentation; or use it on cameras or networks you are not authorised to use.
3. Subscriptions
Billing. The App is sold by subscription through the App Store, which shows each subscription's features and price before you buy. Apple takes payment. A subscription renews automatically at the then-current price unless you turn off auto-renew in your Apple Account at least 24 hours before the period ends; you keep access until the paid period ends. Apple handles cancellations and refunds, and tells you before a new price applies. We offer no refunds beyond Apple's and those the law requires.
Right to cancel (UK and EU consumers). You normally have 14 days to cancel a contract for digital content. By asking for the App or a subscription to start straight away, you agree that it starts within those 14 days and acknowledge that you then lose that right. Your other legal rights (section 6) are not affected.
Without a subscription, the App connects only to its simulated cameras. When a subscription ends, its features stop; your content stays yours.
4. Cameras, makers and their software
Support varies. The App works with ARRI, RED and Sony VENICE cameras through their makers' control protocols, some under licence; features differ by model and firmware. We may add, change or withdraw support for any brand, model or firmware, for example when a protocol or licence changes, and do not promise support for any brand or camera for any period.
No affiliation. KineKontrol is not affiliated with, endorsed, sponsored or certified by RED or Sony, and neither guarantees its performance. ARRI, RED, Sony and their product names are trademarks of their owners, used only to say which cameras the App works with.
Suppliers are the companies that license us protocols, software or documentation used in the App, including ARRI, RED.com, LLC ("RED") and Sony. They keep all rights in them; you get no right to any of them.
RED Software. The App includes RED's RCP SDK under RED's licence. Any other RED software you need, such as camera firmware or RED's apps ("RED Software"), you must obtain from RED or an authorised RED distributor under a valid licence, and use under the end user licence agreement that comes with it, which is between you and RED.
We alone are responsible. Suppliers make no warranty about the App and have no obligation or liability to you for it. We are solely responsible for the App, its support and any liability from distributing it to you. Send questions and claims to us, never to a camera maker.
Perceptual Trim uses colour tables we measured ourselves from recorded footage. They are approximations; no camera maker supplied or approved them.
5. Safety on set
You use the App at your own risk. Networks drop and cameras refuse or delay commands, so what the App shows can be stale or wrong, and a command, including a multi-camera record start or stop, may arrive late, partly or not at all.
- Confirm record state, timecode, media and critical settings on the camera itself. Never rely on the App alone to know a camera is rolling.
- Re-check the App with your cameras after any firmware update.
- Formatting a card from the App erases everything on it, and nothing can bring it back. Copy and check your footage first: you format at your own risk.
- Production insurance and on-set checks remain your responsibility.
6. Quality and your rights
Consumers also have legal rights for digital content, including under the UK Consumer Rights Act 2015. Nothing in this agreement affects those rights.
Business users. To the extent the law allows, the App is provided "as is", and we and our Suppliers exclude all warranties, conditions and terms, express or implied, including satisfactory quality, fitness for purpose, accuracy and non-infringement.
7. Liability
Never excluded. Nothing in this agreement limits or excludes our or any Supplier's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow to be limited or excluded.
Consumers. If you use the App for a business purpose, we are not liable for business losses such as lost profit or production costs.
Business users. Neither we nor our Suppliers are liable for indirect or consequential loss, lost profit, revenue, business or data, missed takes, lost footage, reshoots, lost shooting days or other production costs, however caused, and Suppliers have no liability to you at all. Our total liability is limited to the greater of what you paid for the App in the 12 months before the claim and £100. You will compensate us and our Suppliers for third-party claims caused by your breach of this agreement or your unauthorised use of cameras or networks. Production losses can far exceed any subscription fee; the price reflects this allocation of risk.
8. Development, support and ending
Development. We intend to keep developing the App and to add functions as camera makers add them to their protocols. Your licence covers the App as it is when you get it, and any updates we choose to release; it does not include or guarantee any future update, feature or camera support. Updates may change or remove features; beta features are not for production.
Support is by email to support@darsa.digital, on a best-effort basis; we do not guarantee response times.
Ending. You may stop at any time by deleting the App and cancelling through Apple. We may end your licence if you seriously breach this agreement or the law or a Supplier's licence requires it; you must then delete the App. If we discontinue the App, no further charges are made and it keeps working to the end of the period you have paid for. We may also discontinue a camera integration. Sections 2, 4, 6, 7, 9, 10 and 11 survive.
9. Apple
- This agreement is between you and us, not Apple. We, not Apple, are solely responsible for the App and its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses from such a failure are our responsibility.
- We, not Apple, handle any claim about the App or your use of it, including product liability claims, claims that it fails a legal or regulatory requirement, consumer protection or privacy claims, and the investigation, defence, settlement and discharge of any claim that it infringes someone's intellectual property.
- You must comply with applicable third-party terms, such as your network provider's, when using the App.
- Apple and Apple's subsidiaries are third-party beneficiaries of this agreement and, once you accept it, may enforce it against you.
10. Export
You confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties. You will not export or use the App in breach of US, UK or other export control or sanctions laws.
11. General
- Changes. The current version is under Settings › About. We will tell you in the App before a material change takes effect; if you do not accept it, stop using the App and cancel your subscription.
- Third parties. Apple (section 9) and Suppliers (sections 2, 4, 6 and 7) may enforce the terms made for their benefit; no one else may, under the Contracts (Rights of Third Parties) Act 1999.
- Transfer. You may not transfer this agreement. We may transfer it to a business that takes over the App, without reducing your rights.
- Other. If a term is unenforceable, the rest stands. Not enforcing a term is not a waiver. Feedback you send us we may use freely.
- Law and courts. The law of England and Wales governs this agreement, and its courts have jurisdiction. Consumers keep the mandatory protections of the law where they live and may bring proceedings in their local courts, including in Scotland or Northern Ireland. The UN Convention on Contracts for the International Sale of Goods does not apply.
12. Contact
Darsa Digital Limited, registered in England and Wales, company number 12426698. Registered office: Denton House, 10 Montpelier Avenue, London W5 2XP. VAT number GB341214349. Email support@darsa.digital for support, questions, complaints and claims.