Last updated: October 6, 2024

Terms of Service - Capture AI

These Terms of Service (“Terms”) govern your use of the Capture AI app (“App”), owned and operated by With Bytes LLC (“Company”, “we”, “our”, or “us”). By accessing or using the App, you agree to be bound by these Terms, including any future updates or modifications. If you do not agree, please do not use the App.

1. User Conduct

By using Capture AI, you agree that you will not upload any content that:

• Contains images of individuals under 18 years of age.
• Involves illegal, abusive, or explicit content, including but not limited to sexual, violent, or discriminatory material.
• You do not have the rights to post, such as copyrighted images of pets, vehicles, or others' property.

We reserve the right to terminate any account that violates these terms without explanation.

2. User-Provided Content

You retain ownership of any images or content you upload to the App. By uploading images, you grant us a non-exclusive, royalty-free license to process and use your images for the purpose of training models and generating requested images.

3. Age Requirement

You must be at least 18 years of age to use the App. By agreeing to these Terms, you confirm that you meet this age requirement.

4. Subscription and In-App Purchases

Capture AI offers auto-renewing subscriptions and consumable in-app purchases, all handled through the Apple iOS App Store. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current billing cycle. Consumable purchases are non-refundable.

5. Managing Subscriptions

Users can manage or cancel their auto-renewing subscriptions via their iOS App Store account settings. To avoid being charged for the next subscription period, users must cancel their subscription at least 24 hours before the current period ends.

6. Data Retention and Deletion

We store your data, including images and personal information, as long as your account remains active. If you request to delete your account, we will delete your data within 30 days unless you log back in or contact us.

7. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any security breaches or unauthorized access to your account.

8. Disclaimer of Liability

We make no guarantees regarding the performance or functionality of the App, and we disclaim all liability related to the safety and security of data. You agree that Capture AI is not liable for any damages, direct or indirect, that may result from your use of the App. Use the App at your own risk.

9. Limitation of Liability

In no event shall Capture AI, its directors, employees, or agents 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:

• Access to or use of or inability to access or use the App;
• Any unauthorized access to or use of our servers and/or any personal information stored therein;
• Any bugs, viruses, or other harmful components that may be transmitted to or through the App;
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the App.

In no event shall Capture AI’s total liability to you for all damages, losses, and causes of action exceed the amount you have paid us in the past twelve months, if any.

10. No Warranties

The App is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Capture AI does not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.

11. Indemnification

You agree to indemnify, defend, and hold harmless Capture AI, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App, your violation of these Terms, or your violation of any rights of another.

12. Compliance with Apple Store Terms

In addition to these Terms, your use of the App is subject to Apple's App Store Terms of Service and Privacy Policy. By using the App, you agree to comply with all applicable Apple policies.

13. Promotional Communications

By using the App, you consent to receive promotional communications from Capture AI. You may opt out of these communications at any time by following the unsubscribe instructions included in such emails.

14. Third-Party Services

Our App may contain links to or integrations with third-party services. We are not responsible for the content, functionality, or privacy practices of third-party services.

15. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, USA.

16. Dispute Resolution & Arbitration

Any disputes arising out of or related to these Terms will be resolved by binding arbitration under the rules of the American Arbitration Association (AAA). Each party is responsible for their own legal fees, and arbitration costs will be split unless required by law.

17. No Refunds

Training models and generating images incurs a cost. Therefore, we cannot provide any refunds under any circumstances.

18. Force Majeure

We are not liable for any delay or failure in performance resulting from events beyond our control, such as natural disasters, strikes, cyberattacks, or other force majeure events.

19. Modifications to the Terms

We reserve the right to modify these Terms at any time, without notice. Continued use of the App following any modifications constitutes your acceptance of the updated Terms.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

21. Contact Information

If you have any questions or need support, please contact us at: hello@captureaiapp.com.

22. Entire Agreement

These Terms constitute the entire agreement between you and Capture AI, operated by With Bytes LLC, regarding your use of the App, superseding any prior agreements.