End User License Agreement (EULA) for Capture 360
Last Updated: 9/24/2024
This End User License Agreement ("EULA") is a legal agreement between you ("User" or "You") and Capture 360 ("Company" or "We"), governing your use of the Capture 360 mobile application ("App"). By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree with the terms of this EULA, do not use the App.
1. License Grant
The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal or business purposes in accordance with this EULA.
2. App Description
Capture 360 is an NFC-enabled mobile app that allows Users to:
- Share profiles.
- Add reviews.
- Share social and business cards.
- Manage pets and belongings.
- Purchase subscriptions for additional services.
3. Subscription Services
Capture 360 offers various subscription plans that provide additional features and services, such as the ability to add more profiles, pets, or belongings, and access premium support. By subscribing, you agree to our pricing, payment, and renewal terms as displayed in the app.
a. Auto-Renewal
All subscription services renew automatically unless canceled before the renewal date. You may cancel your subscription at any time via your account settings in the app or through the applicable app store.
b. Refunds
All subscription fees are non-refundable, except as required by law or as explicitly stated in the app’s policies.
4. NFC Features
The App includes NFC (Near Field Communication) functionality that allows Users to share their profiles, business, and social cards by tapping NFC-compatible devices. By using this feature, you agree to comply with all applicable laws and not to share unauthorized or harmful content.
5. User-Generated Content
Users can upload, share, and manage their profiles, reviews, business cards, social cards, pets, and belongings through the App.
a. Content Ownership
You retain ownership of the content you upload to the App. However, by sharing content on the App, you grant the Company a worldwide, non-exclusive, royalty-free license to use, modify, distribute, and display the content within the app for its intended purpose.
b. Content Guidelines
You agree not to upload, post, or share any content that:
- Violates any applicable laws.
- Infringes on the intellectual property rights of others.
- Contains harmful, offensive, or inappropriate material.
The Company reserves the right to remove or block any content that violates these guidelines.
6. User Data and Privacy
By using the App, you agree to the collection and use of information in accordance with our Privacy Policy. The App collects personal data such as contact details, NFC interactions, and subscription details to provide the services.
a. Third-Party Services
The App may integrate with third-party services for social sharing or payment processing. The use of such services is governed by the respective third-party's terms and conditions.
7. Restrictions on Use
You agree not to:
- Use the App for illegal activities or to transmit unlawful material.
- Attempt to reverse-engineer, decompile, or disassemble the App.
- Interfere with the operation of the App or its related services.
8. Termination
This EULA is effective until terminated. The Company may terminate your access to the App at any time, with or without cause, and without prior notice. Upon termination, you must cease all use of the App and uninstall it from your device.
9. Disclaimer of Warranties
The App is provided "as is" and "as available" without any warranty of any kind, express or implied. The Company disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the App will be error-free, secure, or uninterrupted.
10. Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of data, revenue, or profits, arising from the use or inability to use the App.
11. Governing Law
This EULA shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.
12. Amendments
The Company reserves the right to amend or modify this EULA at any time. Your continued use of the App after any changes to the EULA constitutes acceptance of the updated terms.
13. Contact Information
If you have any questions regarding this EULA or the App, you may contact us at info@capture-360.com.
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By downloading, installing, or using Capture 360, you acknowledge that you have read, understood, and agree to be bound by this EULA.