Terms of Service

CaptionFy ("CaptionFy", "we", "us", "our") is a software-as-a-service product operated from Hyderabad, Telangana, India, and made available worldwide through our websites and applications (the "Service"). These Terms of Service ("Terms") govern all access to and use of the Service, together with our Privacy Policy, which is incorporated into these Terms by reference.

By creating an account, clicking "continue", starting a payment, or otherwise using the Service, you confirm that you have read, understood and accepted these Terms. If you do not accept them, you must not use the Service. If you use the Service on behalf of a company or client, you confirm that you are authorised to bind them, and "you" means both you and that organisation.

The Service generates machine-produced captions from media you supply, lets you style and edit them, and produces a captioned video file. It is an automated production tool. It is not a transcription bureau, not a proofreading service, not an accessibility-compliance service, and not a substitute for human review.

• Captions, translations, romanisation, language detection, punctuation, speaker handling and timing are produced by automated models and will contain errors.
• We do not promise any level of accuracy, word-error rate, timing precision, translation quality, or suitability for broadcast, legal, medical, regulatory or accessibility purposes.
• You are solely responsible for reviewing, correcting and approving every output before you publish, deliver or rely on it in any way.
• We may change, add, limit or remove features, models, providers, presets, fonts, export formats and limits at any time. Some changes will alter how existing outputs look or perform.

The Service is provided on an "as is" and "as available" basis. We do not offer any service-level agreement, uptime commitment, availability guarantee, response time, or turnaround time, whether express or implied.

You accept that interruptions are a normal and expected part of any software service, and that none of the following is a breach of these Terms, a defect, or grounds for any refund, credit, compensation, damages or claim of any kind:

• Planned or unplanned maintenance, deployments, migrations, rollbacks or configuration changes, with or without notice.
• Bugs, regressions, degraded performance, queue backlogs, failed generations, failed or corrupted exports, or partial results.
• Failure, outage, rate-limiting, suspension, price change, policy change or discontinuation by any third party we depend on, including hosting, storage, database, speech-recognition, translation, font, email, CDN and payment providers.
• Loss of access caused by your device, browser, storage limits, browser data clearing, private-browsing mode, network, firewall, extensions, or operating-system updates.
• Suspension of your account under these Terms, or events beyond our reasonable control.

If you have a deadline, a client commitment, a posting schedule, a campaign, a launch or any other time-sensitive obligation, you must keep your own independent backup workflow. You accept full responsibility for the consequences of relying on the Service at any particular moment, and you agree that we carry no responsibility for work you could not complete, publish or deliver on time for any reason.

• You must be at least 13 years old, and at least 16 where your local law requires it, and legally able to enter into a contract.
• You must give accurate account information and keep it current.
• You are responsible for your login credentials and for everything done through your account, including by anyone you allow to use it.
• One person or organisation per account. Sharing, reselling, renting or transferring accounts, credits or access is prohibited.
• Tell us immediately at captionforgehelp@gmail.com if you suspect unauthorised use.

You keep ownership of the media, transcripts and captions you create or upload ("Your Content"). You grant us a limited, worldwide, royalty-free licence to host, process, transmit, transcode and display Your Content, and to pass the prepared audio to our speech-recognition and translation processors, solely so that we can operate, secure, support and improve the Service. This licence ends when the content is deleted, except for copies retained in routine backups for a short period.

You represent and warrant, for every item you process, that:

• You own it or hold every licence, consent, release and permission needed to caption, translate, store, process and publish it, including from every person appearing or speaking in it.
• It does not infringe any copyright, trademark, publicity, privacy, contractual or other right.
• It is not unlawful, defamatory, harassing, hateful, deceptive, sexually exploitative, non-consensual, or involving minors in any sexual context.
• It does not contain material you are prohibited by law, contract or platform rules from processing through a third-party service.
• You have complied with all applicable data-protection law before supplying any recording of another person.

We do not review Your Content and are not responsible for it. We may remove content or suspend accounts where we reasonably believe these warranties have been broken.

• No reverse engineering, decompiling, scraping, automated access, load testing, or attempts to bypass credit limits, plan limits, rate limits, watermarks or paywalls.
• No reselling, white-labelling, sublicensing or offering the Service as your own without our written agreement.
• No interference with the Service, other users, our infrastructure, or our providers, including denial-of-service, injection, credential stuffing or vulnerability exploitation.
• No use for spam, disinformation, impersonation, deceptive deepfakes, fraud, or any unlawful purpose.
• No creation of multiple or automated accounts to obtain additional free credits, campaign credits or referral rewards. We may revoke credits obtained that way and terminate the accounts involved.

• Credits are a limited, personal, revocable licence to use generation capacity. They are not money, not a deposit, not stored value, not property, not transferable and not redeemable for cash.
• Credits attach to a plan period. Unless we state otherwise in writing, unused credits expire at the end of the period in which they were granted and do not roll over.
• Free credits are one-time promotional credits and may be changed, reduced, expired or withdrawn at any time.
• A generation that fails on our side returns the credits it consumed. A generation that completes consumes its credits, whatever you think of the output.
• Paid plans renew automatically for the same interval until cancelled. You authorise recurring charges to your payment method until you cancel.
• You can cancel at any time through the billing portal. Cancellation stops future renewals; it does not shorten, refund or pro-rate the current period, and access ends at the end of the paid period.
• Prices, plan contents, credit amounts, clip-length limits and fair-use limits may change. Changes apply from your next renewal; continued use after that is acceptance.
• Prices are stated inclusive or exclusive of tax as shown at checkout. You are responsible for any tax, duty, bank charge, currency conversion cost or payment fee imposed by your bank, card issuer or jurisdiction.
• You must keep a valid payment method. Failed payments may lead to immediate loss of paid features and credits.

All payments are final and non-refundable, in whole and in part, under all circumstances, to the maximum extent permitted by law. This includes, without limitation, payments made where you:

• experienced downtime, maintenance, slowness, bugs, failed generations or failed exports;
• were dissatisfied with caption accuracy, timing, translation, styling, fonts or export quality;
• did not use, or could not use, your credits or plan during the period you paid for;
• changed your mind, bought the wrong plan or interval, bought by mistake, or forgot to cancel before renewal;
• had your account suspended or terminated for breach of these Terms;
• lost access because of your device, browser, storage, network or a third-party platform.

Where a refund is unavoidably required by a mandatory consumer law that applies to you, it is limited to the minimum that law requires. Our only voluntary remedy, granted entirely at our discretion and never as an admission of liability, is service credits. Requesting service credits does not extend, pause or restart any plan period.

If you believe you have been charged incorrectly, contact captionforgehelp@gmail.com first and we will review it. Initiating a card chargeback, payment reversal or bank dispute instead of contacting us is a material breach of these Terms. In that event we may immediately suspend or terminate your account, revoke all credits, and recover the disputed amount together with any provider fees, administrative costs and legal costs we incur.

The Service, including its software, models, prompts, pipelines, presets, layouts, style libraries, design system, documentation and the CaptionFy name and logo, is owned by us or our licensors and protected by intellectual-property law. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended purpose while your account is in good standing. No other rights are granted. Feedback you send us may be used freely and without compensation.

The Service depends on third parties for hosting, storage, databases, speech recognition, translation, fonts, email and payments, and integrates with platforms you publish to. We do not control them, do not warrant them, and are not responsible for their acts, omissions, outages, pricing, policy changes, data handling or discontinuation. Your use of any third-party service is governed by that party's own terms.

Features labelled beta, preview, experimental or early access are provided for evaluation only, may be unstable or incorrect, may lose data, and may be changed or withdrawn without notice. They are excluded from every commitment in these Terms, and no credit, refund or compensation is available in relation to them.

To the maximum extent permitted by law, the Service and all output are provided "as is" and "as available", with all faults, and we disclaim all warranties, conditions and representations of any kind, whether express, implied, statutory or arising from course of dealing or usage of trade — including merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, accuracy, reliability, availability, security, or that the Service will be uninterrupted, timely, error-free, free of harmful components, or that defects will be corrected. No advice or information, oral or written, from us or through the Service creates any warranty.

To the maximum extent permitted by law, we, our owners, operators, employees, contractors, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, and will not be liable for any of the following, however caused and on any theory of liability (contract, tort, negligence, strict liability, statute or otherwise), even if we were told such loss was possible and even if a limited remedy is found to have failed of its essential purpose:

• lost profits, lost revenue, lost sales, lost views, lost followers, lost sponsorships or lost business opportunity;
• missed deadlines, missed posting schedules, missed launches, delayed or cancelled client work, or the cost of substitute services;
• loss of, corruption of, or inability to access content, transcripts, projects, captions, exports or data;
• reputational, brand or goodwill harm, platform penalties, demonetisation, strikes or account action taken against you by any third-party platform;
• claims made against you by your clients, employers, collaborators, audiences or any third party;
• any loss arising from maintenance, downtime, degraded performance, inaccurate captions or translations, or from your reliance on any output.

Our total aggregate liability for all claims relating to the Service is limited to the lesser of (a) the amounts you actually paid us in the three months immediately before the event giving rise to the first claim, or (b) the minimum amount that applicable mandatory law does not allow to be excluded. If you have paid us nothing, our total liability is zero. These limits apply in aggregate across all claims and survive termination. If any exclusion above is held unenforceable, the remaining exclusions and this cap continue to apply to the fullest extent permitted.

Nothing in these Terms excludes liability that cannot lawfully be excluded, such as liability for fraud or for death or personal injury caused by our negligence.

You will defend, indemnify and hold harmless CaptionFy and its owners, operators, employees, contractors and suppliers from and against all claims, demands, proceedings, losses, damages, fines, penalties, and costs (including reasonable legal fees) arising out of or relating to Your Content, your use of the Service, your breach of these Terms or of any law, your infringement of any third-party right, or any dispute between you and a client, collaborator, platform or other third party.

We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you have breached these Terms, created legal or security risk, abused credits or promotions, initiated a chargeback, or used the Service unlawfully. We may also discontinue the Service, or any part of it, on reasonable notice. On termination your right to use the Service ends, credits are forfeited, and no refund is due. Clauses that by their nature should survive termination do survive it, including sections 5, 7, 8, 9, 10, 13, 14, 15 and 18.

You may stop using the Service and delete your account at any time from your account settings or by writing to captionforgehelp@gmail.com.

If you believe content processed through the Service infringes your copyright, write to captionforgehelp@gmail.com with: identification of the work, the location of the material, your contact details, a statement that you have a good-faith belief the use is unauthorised, a statement that the information is accurate, and your electronic signature. We may remove material and terminate repeat infringers.

• These Terms are governed by the laws of India, without regard to conflict-of-laws rules.
• Before starting any formal proceeding, you agree to contact us at captionforgehelp@gmail.com and allow 30 days for informal resolution in good faith.
• Any dispute that is not resolved informally will be finally settled by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated in Hyderabad, Telangana, India, conducted in English. The award is final and binding.
• The courts at Hyderabad, Telangana, India have exclusive jurisdiction over any matter not subject to arbitration, and you waive any objection to that venue.
• Disputes are resolved individually. To the extent permitted by law, you waive any class, collective or representative action and any right to a jury trial.
• Any claim must be brought within one year of the event giving rise to it, or it is permanently barred, unless a longer period is required by mandatory law.

We may update these Terms as the Service, our providers or the law change. The current version is always published on this page with an effective date. Material changes will be notified by email or in the app where reasonably practicable. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and cancel your plan; no refund arises from a change to these Terms.

• Force majeure: we are not liable for any delay or failure caused by events beyond our reasonable control, including internet, cloud, AI-provider or payment-provider failure, cyber-attack, power or telecom failure, strike, epidemic, natural disaster, war, or government action.
• Severability: if any provision is held unenforceable, it is modified to the minimum extent needed, or severed, and the remainder stays in force.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
• Notices: we may contact you at your account email; that is deemed received when sent. Notices to us go to captionforgehelp@gmail.com.
• Entire agreement: these Terms and the Privacy Policy are the entire agreement between us and supersede all earlier discussions, marketing statements and representations.
• No partnership: nothing here creates an employment, agency, partnership or joint-venture relationship.
• Language: if these Terms are translated, the English version prevails.

CaptionFy, Hyderabad, Telangana, India. For any question, complaint or grievance, write to captionforgehelp@gmail.com. We aim to acknowledge messages within 7 working days.