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Terms of use


Last updated: 10th Sept, 2023

Welcome to CapsAi

These terms of service (these “Terms”) govern the use of our network and other products and services (collectively, the “Service”) provided via capsai.co (the “Site” or “Sites”).

By using the Service, registering for it, or providing access to any apps via the Service, you agree to be bound by all of the terms and conditions of these Terms.

These Terms apply to both coupon creators(individuals or entities that create coupons) and coupon Consumers (individuals or entities that obtain access to coupons via the Service).

The “Effective Date” of these Terms is the date you first access the Service.

We reserve the right to change or modify any of the terms and conditions contained in these Terms at any time and in our sole discretion. We will provide notice of any changes, which may be sent via email, posted on the Site, or through other means determined by us. Any changes or modifications will be effective 7 days after notice is given. You are responsible for regularly reviewing these Terms to ensure you understand and agree to the terms that apply to your use of the Service.

PRIVACY

For information about how we collect, use and share information about users of the Service, please see our

SERVICE & REGISTRATION

Service

  • CapsAi operates an online platform designed to enhance video content with dynamic captions.
  • Upload videos to automatically generate transcripts.
  • CapsAi Customize captions using a variety of set templates.
  • Edit subtitle text, color, and timestamp for a personalized touch.
  • Simple click on the "Download" button embeds edited captions directly into the video.
  • By using the Service, you agree to be bound by the terms and conditions outlined in these Terms.

Registration

  • In order to access the Service, individuals/organisations must complete the registration forms provided on the Site.
  • You must provide accurate and up-to-date registration data, maintain the security of your account password, and assume all risks associated with unauthorized access.
  • You are solely responsible for safeguarding your passwords and any activities or transactions related to your CapsAi account or password.

Rights

  • CapsAi is solely responsible for the operation and upkeep of the capsai.co platform.
  • Individuals/Organizations retain ownership and responsibility for support and claims related to their video content.
  • CapsAi reserves the right to review, screen, or monitor video content at any time and for any reason without prior notice.
  • CapsAi may remove any video content that violates terms or guidelines.

Prohibited Use and Restrictions

You are prohibited from using the Service for any unauthorized or illegal activity, including but not limited to:

  • Modifying, disclosing, altering, translating, or creating derivative works of the Service or any components thereof without the express permission of CapsAi.
  • Licensing, sublicensing, reselling, distributing, leasing, renting, lending, transferring, assigning, or otherwise disposing of the Service or any components thereof without the express permission of CapsAi.
  • Disassembling, decompiling, or reverse engineering the software components of the Service.
  • Storing or transmitting infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party privacy rights.
  • Storing or transmitting any viruses, software routines, or other code designed to permit unauthorized access, disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions.
  • Copying, framing, or mirroring any part or content of the Service.
  • Building a competitive product or service, or copying any features or functions of the Service.
  • Interfering with or disrupting the integrity or performance of the Service.
  • Attempting to gain unauthorized access to the Service or related systems or networks.
  • Removing, altering, or obscuring any proprietary notices in or on the Service, including copyright notices.
  • Causing or permitting any third-party to do any of the foregoing.
  • Interfering in any manner with the enjoyment of the Service by other users.
  • By using the Service, you agree to comply with all applicable laws and regulations. CapsAi reserves the right to terminate or restrict your access to the Service if you engage in any prohibited or illegal activity.

Suspension or Termination

  • CapsAi may suspend or terminate a user‘s access to the service at any time and for any reason without notice.
  • If a user‘s access is suspended or terminated, they must stop accessing or using the Service immediately.
  • CapsAi may take legal action against a user for continuing to use the service during suspension or after termination.
  • These terms will remain enforceable against the user while their license to access or use the Service is suspended and after it is terminated.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CapsAi DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE APPS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE ), THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW) AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VideoCaptionsAi DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY API MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold CapsAi (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of your conduct or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CapsAiWILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND VideoCaptionsAi MATERIALS), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF VideoCaptionsAi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VideoCaptionsAi ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

CapsAi reserves the right, but does not have the obligation, to review, screen, or monitor any links to any Apps or any App Content/Terms (as defined below) at any time and for any reason without notice.

Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CapsAi AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CapsAi.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and CapsAi agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of the Indian Council of Arbitration (ICA) based in New Delhi, India. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and CapsAi are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and CapsAi intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Indian Council of Arbitration (ICA) based in New Delhi, India. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

Miscellaneous

Feedback

  • Any suggestions, comments, or other feedback provided by you to CapsAi with respect to the Service or CapsAi will be considered non-confidential and non-proprietary.
  • By providing Feedback to CapsAi, you grant CapsAi a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and transferable license to use, copy, distribute, and disclose the Feedback in any manner and for any purpose.

Feedback

  • You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray CapsAi or any of its products and services in a false, misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable.
  • This limited right may be revoked at any time.
  • CapsAi makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service or Site.
  • CapsAi provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by CapsAi of the corresponding site or any information contained in (or made available via) that site.
  • When you leave the Site, CapsAi’s terms and policies no longer govern.
  • You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.

Third-Party Advertising

  • CapsAi may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services.
  • Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party.
  • CapsAi is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.

Independent Contractors

  • The parties will only have the relationship of independent contractors.
  • Neither party will be considered an agent, franchisor, franchise, employee, representative, owner, or partner of the other party.
  • Neither party will have the authority to make any representations or warranties on behalf of the other party or to bind the other party in any way.

Assignment

  • You may not assign, delegate, or transfer these Terms or any rights without the prior written consent of CapsAi.
  • Any attempted or purported assignment, delegation, or transfer without consent will be null and void.
  • CapsAi may assign these Terms without your prior written consent and the terms will be binding and inure to the benefit of the assignees, transferees, and other successors.

Third-Party Infrastructure

  • CapsAi uses a third-party hosting infrastructure in connection with the Services.
  • The provider(s) of the Third-Party Infrastructure make no representation or warranty with respect to such Third-Party Infrastructure.
  • CapsAi assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.

Electronic Communications

  • By using the Service, you agree to receive electronic communications regarding your use of the Service.
  • Any notices, agreements, disclosures or other communications sent electronically will satisfy any legal communication requirements.
  • You may withdraw your consent to receive electronic notices by contacting support@https://capsai.co/

Severability

  • If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will remain in full force and effect.
  • The parties will negotiate in good faith to modify these Terms to effect the original intent of the parties if any provision is invalid, illegal, or incapable of being enforced.

Force Majeure

  • CapsAi is not responsible for any failure to perform or delay caused by any event beyond its reasonable control, including acts of God, acts of terrorism, civil disturbances, disruption of power or other essential services, interruption or termination of services provided by any service providers used by CapsAi, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

GDPR

Under GDPR, CapsAi is a data processor. If you need to have CapsAi sign a DPA with your company, please contact us at support@CapsAi . Data Processing Agreement (DPA) outlines how it processes personal data on behalf of its customers. This DPA is available to customers upon request.