Terms of Service

1. Introduction

   
   Welcome to Cap Software, Inc. ("Cap," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, software, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Services

   
   Cap provides a platform that allows users to record their screen and webcam, edit their recordings, generate shareable links, and collaborate with others through "Spaces." We offer a free plan with usage limits and a paid "Cap Pro" plan.

3. User Accounts

   
   To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed.

4. User Content

   
   You are solely responsible for the content you record, upload, or otherwise make available through our Services ("User Content"). By making any User Content available through our Services, you grant to Cap a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing our Services.

5. Intellectual Property

   
   Our Services and their original content, features, and functionality are owned by Cap and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software.

6. User Conduct

   
   You agree not to use our Services to:
   a. Upload, post, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
   b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
   c. Engage in any activity that interferes with or disrupts our Services or the servers and networks connected to our Services;
   d. Attempt to gain unauthorized access to any portion of our Services or any other accounts, computer systems, or networks connected to our Services.

7. Use of Company Logos

   
   By using our Services, you agree that Cap may use your company’s name and logo for marketing and promotional purposes, including but not limited to displaying your logo on our website, presentations, and promotional materials, to indicate you as a user or customer of our Services. If you do not wish for your company’s name or logo to be used for such purposes, you may opt out by contacting us at [email protected].

8. Privacy

   
   Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms, to understand our practices regarding the collection, use, and disclosure of personal information.

9. Termination

   
   We may terminate or suspend your access to our Services at any time, with or without cause or notice, at our sole discretion. Upon termination, your right to use our Services will immediately cease.

10. Disclaimer of Warranties

    
    Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

    
    To the fullest extent permitted by law, Cap shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

12. Indemnification

    
    You agree to defend, indemnify, and hold harmless Cap and its affiliates, officers, agents, and employees from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to our Services or your violation of these Terms.

13. Governing Law and Jurisdiction

    
    These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Dover, Delaware, and you consent to personal jurisdiction and venue in such courts.

14. Changes to These Terms

    
    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

15. Contact Us

    
    If you have any questions about these Terms, please contact us at [email protected].

Last updated: 24th April 2024