Terms of use

1. About these terms

These terms are an agreement between you and Scott Hutcheson, trading as Capturit (ABN 13 859 501 565), New South Wales, Australia ("Capturit", "we", "us"). They cover the Capturit app and the website capturit.app. By creating an account or using Capturit, you agree to them, and to our privacy policy and child safety standards.

2. Who can use Capturit

• You must be 16 or older. If we find out an account belongs to someone under 16, we delete it.
• Give accurate details when you sign up, and keep your sign-in details to yourself. You're responsible for what happens on your account.
• One account per person. Don't create an account to get around a ban.

3. Your photos, videos and messages

You own what you add. To run Capturit, you give us a worldwide, non-exclusive, royalty-free permission to store, copy, resize, convert and display your photos, videos, captions, comments and messages, and to send them to the people you share them with. This permission ends when you delete the content or your account, except for copies in backups (kept up to about 3 months) and copies other people have already saved or shared.

Sharing in an event. When you add media to an event, everyone who can see that event can view it, save it to their phone and share it, using the tools in the app. For a public event, that's anyone on Capturit.

Only add what you have the right to share. That means content you created or have permission to use, and photos and videos of other people that they'd be comfortable having in the event. If someone asks you to remove a photo or video of them, please do.

Keep your own copies of anything important. We work hard to keep your media safe, but we can't promise it will never be lost.

4. The rules

Don't use Capturit to post, send or do anything that:

• exploits or endangers children in any way (see our child safety standards)
• is illegal, or promotes illegal activity
• is sexually explicit or shows nudity
• shares intimate images of anyone without their consent
• bullies, harasses, threatens or intimidates anyone
• attacks people for who they are, including their race, ethnicity, religion, disability, sex, gender identity or sexual orientation
• shows or encourages violence, self-harm or suicide
• sells or promotes drugs, weapons or other restricted items
• is spam, a scam, or pretends to be someone else
• shares someone's private information without permission
• infringes someone else's copyright or other rights

Also don't misuse Capturit itself: no hacking, scraping, automated accounts, malware, or trying to get around our security, limits or bans.

5. Events, hosts and co-hosts

• Hosts choose whether an event is private or public, who's invited and how it's set up, and are responsible for their event.
• Hosts and co-hosts can remove guests and remove guests' photos, videos and comments in their event.
• A cancelled event, with all its media, is permanently deleted 30 days after it's cancelled. Guests can save their own media before then.
• If a host deletes their account, the event passes to a co-host if there is one. If there isn't, the event and its media are deleted with the account.

6. Reports, removal and bans

Anyone can report content or accounts in the app. We review reports and may remove content, or suspend or permanently ban accounts, if we believe they break these terms or the law, or put someone at risk. We may also report content to the police or other authorities.

We'll usually tell you if we remove your content or ban your account. If you think we got it wrong, email support@capturit.app and we'll take another look.

7. Deleting your account

You can delete your account at any time in the app (Profile, then ☰, then Delete account), or by email. It's deleted 30 days later, and signing in again before then cancels it. We may close or suspend your account if you seriously or repeatedly break these terms.

8. The service

• Capturit is free to use. If we ever add paid features, we'll tell you first, and you'll never be charged without agreeing to it.
• We keep improving Capturit, so features may change. We'll try to keep it running smoothly, but it may sometimes be unavailable, for example during updates or outages.
• Capturit uses services from other companies, such as GIPHY for GIFs and Google or Apple for sign-in. Their own terms apply to your use of them.

9. Your rights and our responsibility

Nothing in these terms limits your rights under the Australian Consumer Law or any other law that can't be excluded. If you're a consumer, you have guarantees under that law that can't be taken away.

Apart from those rights, and as far as the law allows:

• Capturit is provided "as is". We don't promise it will always be available, error-free or suitable for a particular purpose.
• We're not responsible for what other people post, send or do, or for how they use media they've saved from an event.
• We're not liable for indirect losses, such as lost data, profits or opportunities. Where we can limit our liability, it's limited to supplying the service again.

10. Apple and Google

These terms are between you and Capturit, not Apple or Google. Apple and Google aren't responsible for Capturit, its content, support or maintenance, or any claims about it. If you downloaded Capturit from the App Store, Apple and its subsidiaries can enforce these terms as third-party beneficiaries. You must also follow the App Store or Google Play terms that apply to you.

11. Changes to these terms

We may update these terms. We'll change the date at the top, and if a change is significant, we'll tell you in the app or by email before it takes effect. If you keep using Capturit after that, you accept the new terms.

12. The law that applies

These terms are governed by the law of New South Wales, Australia, and the courts of New South Wales can hear any dispute. If you live somewhere else, you keep any rights your local law gives you that can't be excluded.

13. Contact

Questions about these terms? Email support@capturit.app.