1. Introduction
Welcome to Capvibe ("Company", "we", "our", "us")! These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at www.capvibe.ai and our AI caption generation service (together or individually "Service") operated by Capvibe.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: Privacy Policy.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
2. Communications
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
3. Subscriptions
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis, depending on the type of subscription plan you select. Billing cycles are set on a monthly or annual basis.
At the end of each billing period, your subscription will automatically renew under the same conditions unless you cancel it or Capvibe cancels it. You may cancel your subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Capvibe with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Capvibe to charge all subscription fees incurred through your account to any such payment instruments.
4. Free Trial
Capvibe may, at its sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information to sign up for the free trial.
If you do enter your billing information when signing up for a free trial, you will not be charged by Capvibe until the free trial has expired. On the last day of the free trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fee for the type of subscription you have selected.
At any time and without notice, Capvibe reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.
5. Content
Our Service allows you to upload, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you upload to the Service, including its legality, reliability, and appropriateness.
By uploading Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, upload or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the uploading of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
7. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Capvibe and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Capvibe.
8. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
9. Limitation of Liability
In no event shall Capvibe, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Changes to 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 try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
11. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@capvibe.ai
Address: 228 PARK AVE S #30327, NEW YORK, NY 10003, UNITED STATES