These Terms of Use (""Terms"") govern your access to and use of the KAPTURE mobile application, website, and related services (collectively, the ""Service""), operated by Kapture, Inc. (""Kapture,"" ""we,"" ""us,"" or ""our""). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have permission from a parent or legal guardian. You represent and warrant that you have the legal capacity to enter into these Terms.

2. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Kapture immediately of any unauthorized use or security breach. Kapture is not liable for any loss resulting from unauthorized access to your account.

3. User Content
3.1 Ownership

You retain full ownership of any photos, videos, audio, or other content you upload, create, or edit using the Service (""User Content""). Nothing in these Terms transfers ownership of your User Content to Kapture.3.2 License Granted to KaptureBy using the Service, you grant Kapture a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from User Content solely for the following purposes: - Marketing, advertising, and promotion of Kapture - Social media, paid advertisements, print materials, websites, landing pages, presentations, and investor materials - Product demonstrations, feature showcases, and educational materialsThis license does not grant Kapture exclusive ownership of your User Content and does not prevent you from using or licensing your content elsewhere.""3.3 No Obligation to UseKapture is not obligated to use, display, or distribute any User Content and may remove or stop using any User Content at any time.

4. Kapture Assets and License to Users
4.1 Kapture Assets

The Service includes proprietary assets such as presets, LUTs, overlays, textures, graphics, effects, templates, and other digital materials (""Kapture Assets""). These assets are owned exclusively by Kapture.

4.2 Commercial License to Users

Subject to these Terms, Kapture grants you a limited, non-exclusive, non-transferable, revocable commercial license to use Kapture Assets only as incorporated into your own original photos or videos, including for: - Personal use - Client work - Paid commercial projects - Social media, websites, advertisements, and branded content.

4.3 Prohibited Uses

You may not: - Redistribute, resell, sublicense, share, or make available Kapture Assets as standalone files - Package Kapture Assets into preset packs, templates, or asset libraries - Use Kapture Assets to create competing products or services - Extract, reverse engineer, or attempt to recreate Kapture AssetsAny use of Kapture Assets outside of a finished photo or video is strictly prohibited.

5. User Responsibilities and Representations

You represent and warrant that: - You own or have all necessary rights to any User Content you upload - Your User Content does not infringe intellectual property, privacy, publicity, or other rights of any third party - Your User Content complies with all applicable laws and regulationsYou are solely responsible for your User Content and any consequences arising from its use.

6. Prohibited Conduct

You agree not to: - Use the Service for unlawful, harmful, or deceptive purposes - Upload content that is defamatory, obscene, hateful, or abusive - Interfere with or disrupt the Service or its security - Circumvent technical limitations or access restrictions - Use automated systems to scrape or extract data from the Service""Kapture reserves the right to suspend or terminate accounts that violate these Terms.

7. AI, Automated, and Generative Features

You are responsible for reviewing and approving all outputs before use.

8. Intellectual Property

All aspects of the Service, including software, code, design, branding, trademarks, and Kapture Assets, are owned by Kapture and protected by intellectual property laws. Except for the limited licenses granted herein, no rights are transferred to you.

9. Feedback

If you provide feedback, suggestions, or ideas, you grant Kapture a perpetual, irrevocable, royalty-free license to use them for any purpose without compensation or attribution.

10. Termination

Kapture may suspend or terminate your access to the Service at any time, with or without notice. Upon termination: - Your license to use Kapture Assets ends immediately - Sections relating to intellectual property, licenses, disclaimers, limitation of liability, indemnification, and governing law survive.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ""AS IS"" AND ""AS AVAILABLE."" KAPTURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.KAPTURE DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE."

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAPTURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.IN NO EVENT SHALL KAPTURE'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO KAPTURE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kapture and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses arising from: - Your User Content - Your use of the Service - Your violation of these Terms

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in state or federal courts located in California, and you consent to personal jurisdiction in those courts.

15. Changes to Terms

Kapture may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

16. Contact Information

For questions about these Terms, contact: support@kapture.app