Terms of Service

Last updated: April 06, 2025

AGREEMENT TO OUR LEGAL TERMS

Welcome to Capturit. These Terms of Service (“Legal Terms”) constitute a legally binding agreement made between you, whether individually or on behalf of an entity (“you”), and Capturit (“Company,” “we,” “us,” or “our”), a company registered in Sydney, New South Wales 2016, Australia.

These Legal Terms govern your access to and use of our mobile application, Capturit (the “App”), and any related websites, services, or products that reference or link to these Legal Terms (collectively, the “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree to all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

You may contact us regarding these Legal Terms by emailing legal@capturit.app.

We may update or modify these Legal Terms from time to time. When changes are made, we will notify you in advance through the Services or via email at legal@capturit.app. The updated Legal Terms will take effect upon posting or as otherwise specified in the notice. Your continued use of the Services following the effective date of any changes constitutes your acceptance of the revised Legal Terms.

The Services are intended for users who are at least 16 years of age. If you are considered a minor in your jurisdiction (typically under 18 years old), you must have permission from a parent or legal guardian to use the Services, and your use must be directly supervised. If you are a minor, your parent or guardian must read and agree to these Legal Terms on your behalf before you use the Services.

We recommend that you print or save a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

The Services provided by Capturit are designed to facilitate the creation, sharing, and discovery of event-based content through our mobile application and related platforms. These Services are intended for general consumer use and are not designed to comply with industry-specific regulations that apply to sensitive or regulated data, such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). If your use of the Services would be subject to such laws or regulations, you are not permitted to use the Services.

The content and features available through the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable laws or regulations, or that would subject Capturit to any registration requirement within such jurisdiction. Any individual who chooses to access the Services from outside Australia does so on their own initiative and is solely responsible for ensuring that their use complies with all applicable local laws.

We do not make any representations that the Services are appropriate or available in all locations. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from such locations, you do so at your own risk and are responsible for compliance with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

Ownership of Intellectual Property

Capturit is the owner or authorized licensee of all intellectual property rights in and to the Services, including but not limited to all source code, databases, functionality, software, mobile app design, website content, audio, video, text, photographs, graphics, and other content available within the Services (collectively, the “Content”), as well as the trademarks, service marks, logos, and brand identifiers displayed within the Services (collectively, the “Marks”).

All Content and Marks are protected by copyright, trademark, and other intellectual property and unfair competition laws of Australia, the United States, and international jurisdictions. Except as expressly permitted in these Legal Terms, no part of the Services, Content, or Marks may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.

The Services, Content, and Marks are provided “as is” for your personal, non-commercial use or internal business purposes only.

Limited License to You

Subject to your full compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • access and use the Services;
  • download or print one copy of any portion of the Content to which you have lawful access,

strictly for your personal, non-commercial use or internal business purposes.

You may not use, modify, create derivative works of, decompile, reverse engineer, or otherwise exploit any part of the Services, Content, or Marks, except as expressly authorized in writing by Capturit.

To request permission for any use of the Services, Content, or Marks not expressly authorized by these Legal Terms, please contact us at s.hutcheson@capturit.app. If such permission is granted, appropriate attribution and retention of proprietary notices will be required.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any unauthorized use will result in immediate termination of your license to use the Services and may constitute a violation of applicable laws.

User Submissions and Contributions

Please read this section and the “Prohibited Activities” section carefully to understand (a) the rights you grant to us and (b) your obligations when submitting or posting any content through the Services.

Submissions

If you voluntarily submit to us any ideas, feedback, suggestions, improvements, comments, or other information related to the Services (“Submissions”), you acknowledge and agree that such Submissions:

  • are not confidential or proprietary;
  • become our sole property upon receipt;
  • may be used by us for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby assign to us all intellectual property rights in and to such Submissions and waive any moral rights you may have in relation to them.

Contributions

The Services may enable you to upload, publish, or transmit content, such as photos, videos, messages, reviews, comments, and other materials (“Contributions”), which may be publicly viewable and associated with your account or username.

By posting Contributions to or through the Services, you grant Capturit a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable, and non-exclusive license to use, reproduce, distribute, display, perform, publish, adapt, modify, translate, and create derivative works from your Contributions in any media or format, for any lawful purpose, including commercial use. This license includes the right to use your name, image, voice, likeness, and any trademark or branding you include with your Contributions, if applicable.

You represent and warrant that:

  • you own or control all rights in and to your Contributions, or otherwise have the legal right to grant us the license described above;
  • your Contributions do not infringe any third-party intellectual property, privacy, or publicity rights;
  • your Contributions are not confidential, illegal, offensive, harassing, defamatory, deceptive, or otherwise in violation of our Prohibited Activities;
  • to the extent permitted by law, you waive any moral rights you may have in your Contributions.

You remain solely responsible for your Contributions and agree to indemnify and hold Capturit harmless for any losses or damages arising from your breach of this section or any third-party rights.

Moderation and Enforcement

Although we are not obligated to monitor user content, we reserve the right to review, remove, or modify any Contributions at our sole discretion, for any reason, including if we believe the content violates these Legal Terms, applicable law, or community standards.

We may suspend or terminate your access to the Services and, if necessary, report violations to relevant authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.

3. USER REPRESENTATIONS

By accessing or using the Services, you represent and warrant that:

  1. All registration information you provide will be true, accurate, current, and complete;
  2. You will maintain and promptly update your information as necessary to keep it accurate and complete;
  3. You have the legal capacity to enter into and comply with these Legal Terms;
  4. You are at least 16 years of age or the minimum age required by applicable law in your jurisdiction to use the Services;
  5. If you are a minor under the laws of your jurisdiction, you have obtained consent from a parent or legal guardian to use the Services and to be bound by these Legal Terms;
  6. You will not access or use the Services through automated or non-human means, including but not limited to bots, scripts, or scrapers;
  7. You will not use the Services for any unlawful or unauthorized purpose; and
  8. Your use of the Services will comply with all applicable laws, rules, and regulations.

If we determine, in our sole discretion, that any information you provide is false, inaccurate, outdated, or incomplete, or that you have otherwise violated these Legal Terms, we reserve the right to suspend or terminate your account and deny any and all current or future use of the Services, in whole or in part.

4. USER REGISTRATION

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to maintain its accuracy.

You are solely responsible for maintaining the confidentiality of your login credentials, including your password, and for all activities that occur under your account. You agree to notify us immediately at legal@capturit.app of any unauthorized use of your account or any other breach of security.

We reserve the right, at our sole discretion, to reclaim, remove, or change any username you create if we determine it to be inappropriate, offensive, misleading, or otherwise objectionable.

5. PURCHASES AND PAYMENT

At this time, access to the Services is provided without charge. However, we may offer certain features, content, or services in the future that require payment, including through in-app purchases or other transaction mechanisms.

When such paid features are introduced, you agree to provide current, complete, and accurate account and payment information for any transactions you choose to make. You will also be responsible for keeping such information updated, including your email address, payment method, and payment credentials, to ensure we can process payments and contact you as necessary.

All prices and payment terms will be disclosed at the time of purchase. Applicable taxes may be added as required by law. We reserve the right to correct any pricing errors, update pricing, and refuse or limit any order at our sole discretion, including for suspected misuse or for orders that appear to originate from resellers, distributors, or automated means.

We will provide advance notice of the availability of any paid features or changes to our billing practices, in accordance with these Legal Terms and applicable law.

6. PROHIBITED ACTIVITIES

You may only access and use the Services for the purposes expressly authorized by us. Any use of the Services for unauthorized commercial purposes or in violation of these Terms is strictly prohibited.

By using the Services, you agree not to:

  • Systematically retrieve data, content, or materials from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written consent.
  • Mislead, defraud, or deceive us or other users, particularly in efforts to gain unauthorized access to account credentials or sensitive information.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict copying or usage of any content.
  • Disparage, tarnish, or otherwise harm our reputation or the Services, as determined in our sole discretion.
  • Use information obtained through the Services to harass, abuse, or harm others.
  • Misuse our support channels or knowingly submit false reports of misconduct or abuse.
  • Use the Services in violation of any applicable laws, regulations, or third-party rights.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload, transmit, or attempt to distribute viruses, malware, or other harmful content, including excessive use of capital letters or spamming techniques that disrupt the experience of other users.
  • Employ automated systems, scripts, bots, or data mining tools to interact with the Services without our authorization.
  • Remove or obscure any copyright or proprietary notices from any part of the Services.
  • Impersonate another person, misrepresent your identity, or use another user’s credentials without permission.
  • Upload or transmit (or attempt to do so) any passive or active data collection mechanisms, including but not limited to gifs, pixels, cookies, spyware, or similar tools.
  • Interfere with or disrupt the operation of the Services or the networks connected to them, or place an unreasonable load on our infrastructure.
  • Harass, intimidate, threaten, or otherwise interfere with our staff or agents in connection with the Services.
  • Attempt to bypass, disable, or interfere with any access controls or security measures implemented to protect the Services.
  • Copy, modify, or adapt any part of the Services’ software, including code in HTML, JavaScript, PHP, or other languages.
  • Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Services, except as permitted by law.
  • Launch or distribute any automated system or software (e.g., spiders, bots, cheat utilities, scrapers, offline readers) that accesses the Services, except via standard search engines or web browsers.
  • Use a buying agent or purchasing agent to conduct transactions on your behalf via the Services.
  • Collect or harvest user information (e.g., email addresses, usernames) for unsolicited communications or commercial use.
  • Use the Services to compete with us or for any unauthorized revenue-generating activity or commercial enterprise.

7. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

8. CONTRIBUTION LICENCE

By submitting, posting, or uploading any content, materials, or other contributions ("Contributions") to the Services, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, publicly display, distribute, and otherwise exploit such Contributions in any format or medium, whether now known or developed in the future. This includes the right to use your name, likeness, company name, franchise name, trademarks, service marks, trade names, logos, and any personal or commercial images included in your Contributions for commercial, advertising, or other purposes.

You represent and warrant that you own or otherwise have the necessary rights and permissions to grant this license, and that your Contributions do not infringe the intellectual property, privacy, publicity, or other legal rights of any third party. You also waive any and all moral rights in and to your Contributions, and to the extent such rights cannot be waived, you agree not to assert them.

You retain full ownership of your Contributions and all intellectual property rights or other proprietary rights therein. Nothing in these Terms shall be construed as transferring ownership of your Contributions to us.

We do not endorse or take responsibility for any Contributions submitted by users and are not liable for any statements made or content shared by you or others through the Services. You are solely responsible for your Contributions and agree to hold us harmless from any claims, damages, or liabilities related to them.

We reserve the right, at our sole discretion, to:

  1. Edit, redact, or otherwise modify Contributions;
  2. Reclassify Contributions to ensure appropriate placement within the Services;
  3. Pre-screen, remove, or delete Contributions at any time, for any reason, without prior notice.

While we may monitor user activity and content, we are under no obligation to do so.

9. MOBILE APPLICATION LICENCE

Use Licence

If you access the Services via our mobile application (the "App"), we grant you a revocable, non-exclusive, non-transferable, limited licence to install and use the App on a compatible mobile device that you own or control. This licence allows you to access and use the App solely in accordance with these Terms.

You agree not to:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, except where permitted by applicable law;
  2. Modify, adapt, translate, or create derivative works from the App;
  3. Violate any applicable law, regulation, or third-party right while using the App;
  4. Remove, alter, or obscure any copyright, trademark, or other proprietary notices within the App;
  5. Use the App for any commercial, revenue-generating, or unintended purpose;
  6. Make the App available across a network or platform that permits simultaneous access or use by multiple devices or users;
  7. Use the App to build a competing product or service, or for any purpose that may substitute or rival the App;
  8. Send automated queries, spam, or unsolicited commercial messages via or from the App;
  9. Use any of our proprietary code, interfaces, or intellectual property in developing any software, accessories, or devices intended for use with the App.

    10. Apple and Android Devices

    The following terms apply if you download the App via the Apple App Store or Google Play Store (each an "App Distributor"):

    1. The licence granted to you is limited to a non-transferable licence to use the App on a device running Apple iOS or Android, as applicable, and in accordance with the usage rules set forth by the respective App Distributor;
    2. We, not the App Distributors, are solely responsible for providing any maintenance or support services for the App, unless otherwise required by applicable law;
    3. If the App fails to comply with any applicable warranty, you may notify the relevant App Distributor. Where applicable under their policies, they may refund any purchase price paid (though Capturit does not currently charge for the App). Beyond this, the App Distributor has no further warranty obligations;
    4. You represent and warrant that:
      • You are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country; and
      • You are not listed on any U.S. government list of prohibited or restricted parties;
    5. You must comply with any applicable third-party terms (e.g. mobile data agreements) when using the App;
    6. You acknowledge and agree that the App Distributors are third-party beneficiaries of this licence, and that they have the right to enforce these terms against you.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.

10. SERVICES MANAGEMENT

We reserve the right, but are not obligated, to:

  1. Monitor the Services for compliance with these Terms and to ensure a safe and respectful environment for all users;
  2. Enforce these Terms at our sole discretion, including by taking legal action or reporting violations to law enforcement or regulatory authorities, as necessary;
  3. Restrict or remove any Contributions or user content, in whole or in part, if we determine (in our sole discretion) that they violate these Terms, applicable laws, or pose a risk to the platform or community;
  4. Manage system performance by removing or disabling any files or content that are excessively large, resource-intensive, or otherwise burdensome to our infrastructure, without prior notice;
  5. Provide moderation tools including the ability for users to block other users, report inappropriate or harmful content, and take action against violations of these Terms. These tools are intended to promote a positive user experience, but users are also responsible for using them appropriately;
  6. Administer the Services in a manner that protects our rights, ensures user safety, and maintains the stability and intended functionality of the platform.

We may take action with respect to user-generated content and interactions without prior notice and without liability. Our efforts to monitor and manage the Services are aimed at maintaining a safe, respectful, and reliable environment for all users.

11. PRIVACY POLICY

At Capturit, we are committed to protecting your data privacy and security. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you agree to be bound by the terms of our Privacy Policy, which is incorporated into these Legal Terms.

The Services are hosted in Australia, but as a global app, we may transfer, store, and process your data in countries outside of your own, including Australia. By using the Services, you consent to the transfer and processing of your personal data in Australia and other countries, which may have different data protection laws than those in your region.

Capturit does not knowingly collect, request, or solicit personal information from children, nor do we knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act (COPPA), if we become aware that a user under the age of 13 has provided personal information without verifiable parental consent, we will take immediate steps to delete that information from our Services.

12. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any content available on or through the Services infringes upon your copyright or intellectual property rights, please notify us immediately using the contact information provided below (a "Notification").

Upon receiving a valid Notification, we will take appropriate action, including forwarding a copy of your Notification to the person who posted or stored the material in question.

Please note that under applicable law, you may be liable for damages if you make materially false or misleading statements in a Notification. Therefore, if you are uncertain whether the material infringes your copyright, we recommend consulting with a legal professional before submitting a Notification.

13. TERM AND TERMINATION

These Legal Terms will remain in full force and effect for as long as you use the Services.

Without limiting any other provision of these Legal Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to or use of the Services (including, but not limited to, blocking specific IP addresses) to any individual or entity, for any reason, or for no reason at all. This includes, but is not limited to, violations of any representation, warranty, or covenant in these Legal Terms or applicable laws and regulations. We may suspend or terminate your access to the Services, delete your account, and remove any content or information you have posted at any time, without warning, and at our sole discretion.

If your account is terminated or suspended, you are prohibited from creating a new account under your own name, a false name, a borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to suspending or terminating your account, we reserve the right to pursue legal action, including civil, criminal, and injunctive remedies.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any part of the Services at any time and for any reason, without prior notice. This includes the right to change, remove, or update any content or features provided through the Services. While we may choose to update information on the Services, we are under no obligation to do so.

We do not guarantee that the Services will be available at all times. Access may be interrupted, suspended, or limited due to system failures, maintenance, upgrades, or other technical issues beyond our control. You acknowledge that such interruptions may occur and agree that we shall not be held liable for any loss, damage, or inconvenience arising from your inability to access or use the Services during any period of unavailability.

Nothing in these Terms shall be interpreted as obligating us to maintain or support the Services, or to provide any updates, enhancements, or new features.

15. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without regard to its conflict of law principles.

You and Capturit irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes arising out of or in connection with these Terms or the Services. All proceedings shall be conducted in English.

16. DISPUTE RESOLUTION

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, you agree to first attempt to resolve the matter informally by contacting us at [insert official contact email] and providing a written description of the issue, including relevant facts and any supporting documentation. Both parties agree to use reasonable efforts to resolve the dispute through good-faith negotiations within thirty (30) days of such notice.

If the dispute is not resolved through informal negotiation within that time frame, either party may then proceed to resolve the matter through formal legal action.

You agree that any such legal proceedings shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Notwithstanding the above, Capturit reserves the right to initiate legal proceedings in the courts of your country of residence or, if these Terms are entered into in the course of your trade or profession, in the jurisdiction of your principal place of business.

17. CORRECTIONS

The information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions—such as in descriptions, availability, or other content.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or modify content at any time, without prior notice. While we may display visible timestamps or version indicators (e.g., on posts, messages, or updates), we do not undertake any obligation to ensure that all information is current or accurate at all times.

18. DISCLAIMER

The Services are provided on an "as-is" and "as-available" basis. You agree that your use of the Services is at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, with respect to the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no representations or warranties regarding the accuracy or completeness of the Services' content or any content linked to or from the Services, and we assume no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies in the content and materials.
  2. Personal injury or property damage of any kind resulting from your access to or use of the Services.
  3. Unauthorized access to or use of our secure servers and any personal or financial information stored therein.
  4. Interruption or cessation of transmission to or from the Services.
  5. Bugs, viruses, trojan horses, or other harmful code that may be transmitted through the Services by third parties.
  6. Errors or omissions in any content, or any loss or damage incurred as a result of the use of content posted, transmitted, or otherwise made available through the Services.

We do not endorse, guarantee, or assume responsibility for any third-party products or services advertised or offered through the Services or any third-party websites linked to or from the Services. We will not be a party to or in any way responsible for monitoring any transactions between you and third-party providers.

As with any purchase or service transaction, we advise you to use your best judgment and exercise caution when engaging with third-party products or services.

19. LIMITATIONS OF LIABILITY

To the fullest extent permitted by applicable law, Capturit and its directors, officers, employees, agents, affiliates, and licensors will not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages — including, but not limited to, lost profits, lost revenue, loss of data, or other damages — arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all claims related to the Services exceed the greater of one hundred U.S. dollars (USD $100) or the amount you paid us, if any, in the past six months.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, the limitations above may not apply to you to the extent prohibited by law.

20. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Capturit, its affiliates, subsidiaries, and each of their respective officers, directors, employees, agents, contractors, licensors, and partners, from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  1. Your use of the Services;
  2. Any content you submit, post, transmit, or otherwise make available through the Services;
  3. Your violation of these Legal Terms or any applicable law or regulation;
  4. Your breach of any representations or warranties made in these Legal Terms;
  5. Your infringement or misappropriation of any third party’s intellectual property or other rights; or
  6. Any willful misconduct or harmful act by you in connection with the Services, including toward other users.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

21. USER DATA

We may retain certain data that you transmit to the Services for the purpose of operating, improving, and managing the performance of the Services, as well as data related to your activity on the platform. While we take reasonable measures to protect your data and perform routine backups, you acknowledge and agree that:

  • You are solely responsible for any data you upload, submit, or generate through your use of the Services;
  • We are not liable for any loss, corruption, or deletion of such data, whether due to system failure, unauthorized access, or other causes;
  • You hereby waive any right to bring a claim against us arising from the loss or corruption of any data.

We encourage you to independently back up any content or data that is important to you. While we strive to maintain the integrity of our systems, no method of transmission or storage is completely secure.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By accessing or using the Services, sending us emails, submitting forms, or otherwise communicating with us electronically, you consent to receive communications from us in electronic form. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically—whether via email, through the Services, or by other electronic means—satisfy any legal requirement that such communications be in writing.

You further consent to the use of electronic signatures, electronic contracts, electronic orders, and other electronic records in connection with your use of the Services, and you agree that such electronic actions are legally binding and enforceable as if they were executed in physical form.

To the fullest extent permitted by applicable law, you waive any rights or requirements under any laws that require a non-electronic signature, delivery, or retention of non-electronic records or payments by non-electronic means.

23. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted by us on the Services or in relation to the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be deemed a waiver of that right or provision.

To the fullest extent permitted by law, these Legal Terms shall be enforceable and effective. We reserve the right to assign or transfer any of our rights and obligations under these Legal Terms at any time, without restriction.

We will not be liable for any loss, damage, delay, or failure to act caused by any event or circumstance beyond our reasonable control, including but not limited to acts of nature, technical failures, or other events of force majeure.

If any provision (or part of a provision) of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part of the provision will be severed from these Legal Terms, and the remaining provisions will continue in full force and effect.

Nothing in these Legal Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be construed against us based on our role as the drafter of these terms.

You hereby waive any and all defenses based on the electronic form of these Legal Terms or the absence of a physical signature by the parties in executing these Legal Terms.

24. CONTACT US

If you have any questions, concerns, or complaints regarding the Services, or if you need further information about your use of the Services, please contact us at:

Capturit

legal@capturit.app