Auto Captions – Terms and Conditions of Use

Last Updated: October 10, 2021

Acceptance of Terms

These Terms and Conditions ("Terms") govern the relationship between you ("User") and Auto Captions regarding your use of our mobile applications, websites, and related services (collectively, the "Service"). By accessing or using the Service you agree to be bound by these Terms, which form a legally binding contract between you and Auto Captions. Please read them carefully before proceeding.

The terms of our Privacy Policy and any other supplemental terms, policies, or documents posted on the Service from time to time are hereby expressly incorporated by reference. We reserve the right to modify these Terms at any time. If you disagree with any part of these Terms, you should not download or access the Service.

Service

All text, images, logos, data, software, and other materials made available through the Service are proprietary to Auto Captions or its licensors. You warrant that your use of the Service complies with all applicable laws and respects the rights of third parties.

You are solely responsible for obtaining the equipment and telecommunications services necessary to access the Service. We may implement changes to the Service at any time without notice and assume no liability for any service disruptions or data loss resulting from your access or use. We have no obligation to provide customer support.

App Stores, Third-Party Ads, and Other Users

Availability of the Service may depend on third-party app stores such as the Apple App Store. You agree to pay all applicable store fees and to comply with the relevant store agreements. App Stores are third-party beneficiaries of these Terms.

You are solely responsible for your own content. We make no guarantees regarding the accuracy or quality of user-generated content and assume no responsibility for interactions or disputes between users.

Subscription Fees and Payment

Certain features of the Service require a paid subscription. Auto Captions Pro includes a 7-day free trial followed by a subscription fee of $29.99 per year, which provides unlimited video exports.

We may change pricing at any time with reasonable notice. Subscriptions auto-renew unless cancelled before the renewal date. Free trials automatically convert to paid subscriptions unless cancelled before the trial period ends.

All purchases are final and non-refundable except as required by applicable law. Purchases made through the Apple App Store are subject to Apple's refund policies.

User Representations and Restrictions

By using the Service, you represent that you:

• Have the legal capacity to enter into these Terms;
• Are at least 16 years of age;
• Will not use automated methods to access the Service without our express permission;
• Will not use the Service for any illegal or unauthorised purpose;
• Are not located in a country subject to a government embargo or designated as a "terrorist supporting" country;
• Are not listed on any government list of prohibited or restricted parties.

You may not:

• Scrape or harvest data from the Service without permission;
• Modify, adapt, or create derivative works of the Service;
• Use the Service for commercial purposes without our written approval;
• Reverse engineer any software component of the Service;
• Bypass or circumvent any security features;
• Send unsolicited commercial communications via the Service;
• Take any action that damages or impairs our reputation.

Additional Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM YOUR USE OF THE SERVICE.

We reserve the right to modify or discontinue the Service at any time without liability to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AUTO CAPTIONS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE AGGREGATE LIABILITY OF AUTO CAPTIONS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnity

You agree to indemnify, defend, and hold harmless Auto Captions and its officers, directors, employees, and agents from and against any third-party claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) your content; or (c) your violation of these Terms.

International Use

We make no representation that the Service is appropriate or available in all locations. Access to the Service from territories where its content is illegal is prohibited. You are responsible for compliance with all local laws applicable to your use of the Service.

Additional Terms for App Marketplaces

If you download the Service through the Apple App Store, the following additional terms apply:

• This agreement is between you and Auto Captions only, not Apple Inc. ("Apple"). Apple is not responsible for the Service or its content.
• Apple has no obligation whatsoever to provide maintenance or support for the Service.
• Apple has no warranty obligation with respect to the Service.
• Auto Captions, not Apple, is solely responsible for addressing any intellectual property infringement claims relating to the Service.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.