TERMS OF SERVICE

1. Acceptance of Terms

By accessing or using Capsule ("the app", "we", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the app.

2. Description of Service

Capsule is a voice-first personal assistant that helps you capture and organize thoughts, ideas, and life moments. The app uses artificial intelligence to transcribe voice recordings and categorize your captures.

3. User Accounts

To use Capsule, you may need to create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4. Acceptable Use

You agree not to use Capsule to:

• Violate any applicable laws or regulations
• Record others without their consent where required by law
• Upload or transmit harmful, offensive, or illegal content
• Attempt to interfere with or disrupt the service
• Reverse engineer or attempt to extract source code

5. Intellectual Property

The app, including its design, features, and content (excluding user-generated content), is owned by us and protected by intellectual property laws. You retain ownership of your captures and content.

6. User Content

You retain all rights to your voice recordings and transcriptions. By using the app, you grant us a limited license to process your content solely to provide the service. We do not claim ownership of your content.

7. AI Processing

Capsule uses artificial intelligence services to transcribe and categorize your captures. While we strive for accuracy, AI-generated content may contain errors. You should review important transcriptions for accuracy.

Accuracy Disclaimer: AI transcriptions and classifications are provided for personal organizational purposes only. Users are solely responsible for verifying transcription accuracy and must not rely on AI classifications for medical, legal, or financial decisions. Capsule expressly disclaims any liability for decisions made based on AI-generated content.

8. Service Availability

We strive to maintain reliable service but do not guarantee uninterrupted availability. The app includes offline functionality to ensure your captures are never lost, even without internet connectivity.

9. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the app. Our total liability shall not exceed the amount you paid for the service.

10. Changes to Terms

We may update these Terms of Service from time to time. We will notify you of significant changes by posting the new terms in the app and updating the "Last updated" date. Continued use after changes constitutes acceptance.

11. Termination

You may stop using Capsule at any time. We reserve the right to suspend or terminate accounts that violate these terms. Upon termination, you may export your data before deletion.

12. Subscription and Billing

Capsule offers free and paid subscription plans. By subscribing to a paid plan, you agree to the following billing terms:

• Recurring Charges: Paid subscriptions are billed on a recurring monthly or yearly basis, as shown when you choose a plan. Your payment method will be automatically charged at the beginning of each billing cycle until you cancel.
• Cancellation: You may cancel your subscription at any time through the in-app Manage Subscription option or by contacting billing@capsl.life. Subscriptions bought through Apple are cancelled through your Apple Account settings or the in-app Manage Subscription option, as Apple's terms describe. Upon cancellation, you will retain access to paid features until the end of your current billing period. No partial refunds are issued for unused time within a billing cycle.
• Refund Policy: Purchases made through the App Store are billed, refunded and cancelled by Apple under its terms. To request a refund for an App Store purchase, use reportproblem.apple.com. For subscriptions charged by Capsule directly, we do not offer refunds for fees already charged, except where required by applicable law. If you believe you were charged in error, contact us within 14 days of the charge at billing@capsl.life. EU/EEA consumers: Under the EU Consumer Rights Directive (2011/83/EU), you have a statutory 14-day right of withdrawal from the date of first purchase. To exercise this right, contact billing@capsl.life within 14 days of your initial subscription charge. If you have already used the service during this period, we may deduct a proportionate amount reflecting the value provided before withdrawal.
• Price Changes: We may change subscription prices with at least 30 days' prior notice. Price changes take effect at the start of your next billing cycle after the notice period. Continued use of the paid service after the price change constitutes acceptance of the new price.
• Free Tier: The free tier may have usage limits (e.g., recording duration, daily captures). These limits may be adjusted at our discretion.
• Apple Watch Voice Capture: Watch capture needs Cloud AI turned on in Capsule. Free and paid accounts can use it, and it counts toward the same daily Cloud AI allowance as captures made on your iPhone.

Purchases through the App Store are also governed by Apple's standard EULA: apple.com/legal/internet-services/itunes/dev/stdeula.

13. Dispute Resolution

Informal Resolution: Before filing any formal dispute, you agree to contact us at legal@capsl.life and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or your use of Capsule shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted in English and the arbitrator's decision shall be final and binding.

Small Claims Court Exception: Either party may bring qualifying claims in small claims court in lieu of arbitration.

Class Action Waiver: To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. This waiver does not apply if prohibited by law in your jurisdiction (see EU/EEA Users note below).

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to legal@capsl.life within 30 days of first accepting these Terms. Your opt-out will not affect any other provision of these Terms.

EU/EEA Users: If you reside in the European Union or European Economic Area, mandatory arbitration and class action waivers may not apply to you to the extent they conflict with applicable consumer protection laws. In that case, disputes may be resolved in the courts of your country of residence.

14. Age Requirements (COPPA/GDPR)

You must be over 13 to use this Service. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete that information.

If your birth year shows 14 to 17: If the age worked out from your birth year is 14 to 17 by our calculation (that is, over 13), you may create an account, but access to the Service remains restricted until we complete Verifiable Parental Consent. We ask for a parent or guardian's email address, which must be different from your own, and send that address a one-time verification link that expires after 24 hours. Your account stays restricted until your parent or guardian confirms consent by clicking that link; you may request that the link be resent if it expires before they respond.

EU/EEA and UK Users: We comply with GDPR Art. 8. Capsule refuses sign-ups from the European Economic Area and the United Kingdom for anyone under 16, whatever the local age of digital consent in that country. Because only your birth year is collected, anyone who could be under 16 is refused. The Verifiable Parental Consent process described above applies, in every jurisdiction, to users whose age worked out from their birth year is 13 to 17.

15. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, United States, without regard to conflict of law principles. Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts located in Pennsylvania.

Non-US Users: If you reside outside the United States (including the United Kingdom, Australia, Canada, or any other jurisdiction), mandatory consumer protection laws in your country may apply to your use of Capsule and may provide you with rights and remedies that cannot be waived by contract. Nothing in these Terms limits any rights you have under those applicable local laws.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at legal@capsl.life.