Effective Date: Dec 19, 2019

Terms & Conditions of Use

This legal agreement (agreement) set out below and made between you (the person or entity using Capturly’s services as well as any third parties authorized to access Capturly’s services on that person or entity's behalf) and Capturly Inc. (hereinafter Capturly, we, us or our) governs your use of Capturly’s website (hereinafter Website) and all services provided via the Website (hereinafter Services).

By creating an account or otherwise gaining access and using our services you hereby acknowledge that you have read the agreement in its entirety, fully comprehend its terms and conditions and agree to be bound by the agreement.

Should you not agree to the terms and conditions laid down in this agreement you are excluded from the use of our services and should not register an account or otherwise gain access to the Services.

You agree and accept that amendments may be issued to this agreement or any policy governing the services from time to time. Capturly will provide notification of any amendments by posting a notice on the website the first time you visit following the effective date of any amendments, or by notifying you in advance by sending an email, or by a notice on the Website for thirty (30) days following any changes made. You agree that any of the above means of notifications is sufficient and adequate and your use of the services following any amendments shall constitute acceptance of said amendments.

Definitions

“Account” means an account with Capturly to use the services;
“You(r)” shall mean a person, whether natural or legal, acting in the course of a trade or business, and who agrees to be bound by the terms contained in this Agreement;
“Agreement” means these Terms of Service, including any annexes;
“Applicable Law” means the relevant data protection and privacy laws which the Parties are subject, including the General Data Protection Regulation 2016/679 from 25 May 2018 and the California Consumer Privacy Act from 1 January 2020;
“Data” means content, Personal Data, (confidential) information and know-how relating to your business or any of your parent company’s or subsidiaries, including but not limited to technical and commercial information;
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly;
"Services" means the services and other activities to be supplied to or carried out by or on behalf of Capturly for you;
“Plan” means a plan listed at https://capturly.com/pricing, except for an Enterprise Solution. The current standard plans are "Free", "Lite" and "Pro";
“Custom Solution” means a plan that exceeds the capacity/features/functionality/limitations of a Standard Plan or which has a separate contract between you and Capturly;
"EEA" means the European Economic Area;
“Third party” means any persons (legal or natural) which are neither you nor Capturly;
“Trial period” means to restricted Account which includes limited features/functionality, provided at no cost for a period of thirty (30) days to collect Customer Data;
"GDPR" means EU General Data Protection Regulation 2016/679;
"CCPA" means California Consumer Privacy Act.

A. Account registration, access to Services

In order to access and use our services you are required to provide Capturly with the necessary information via a registration process and create an account. You are fully responsible for providing complete and accurate information during the registration and keeping such information up to date and valid. You are strongly advised to keep your username and password (login details) strictly confidential and implement measures to effectively safeguard this information as you will be solely responsible for any activity under your account. Capturly will not be liable for any loss or damage arising from or related to the unauthorized use of your account. You agree to immediately notify us of unauthorized access and use of your account or similar breach of security. You shall be liable for any expenses, including but not limited to usage charges and fines, fees incurred as an outcome of your failure to adequately safeguard your login information and/or promptly notify Capturly about unauthorized use of your account or breach of your login details.

You acknowledge that Capturly reserves the right to access your account, or information associated with your account for support and maintenance purposes and for security-related, or any other business reasons.

B. Limited, non-exclusive license

Subject to the terms and conditions of this agreement, Capturly hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to the website and services.

You may not transfer, lease, sub-licence, modify, reverse engineer, decompile or disassemble the website and service. You may not copy, adapt, alter, modify, translate, or create derivative works of the website and services without specific written authorization of Capturly. You may not use the service for unlawful purposes or for the transmission of information that is illegal.
Renting, leasing, loaning, sublicensing, distributing, or otherwise transferring rights to the services is prohibited.

Any forbidden or illegal use shall immediately terminate your license to the website and services.

The licence granted shall start on the date your subscription is activated and continue during the period Your subscription is active.

You agree and allow Capturly to collect, store and process data from your website in accordance with our Privacy Policy. You are responsible for the correct implementation of our services on your website under applicable laws. You will have and abide by an appropriate privacy policy which is in line with Capturly’s Privacy Policy and will comply with all applicable laws relating to the collection of information from visitors to your website.

You are not permitted to use the services to record any sensitive and/or financial information fields. It is solely your responsibility to filter and mask any and all sensitive and/or financial information from recordings generated with our services using the specific features provided by Capturly within the scope of the services. Failure to adhere to this may result in your account being immediately cancelled.

C. Subscription

Different subscription plans are available to use our services. The available plans and subscription fees are detailed in our Plans and Pricing Policy.

Capturly reserves the right to amend its Plans and Pricing Policy and initiate changes in fees or introduce new fees from time to time.
If You are already a subscriber to the services at the time such changes take effect you will be notified in writing in advance and you will have the right to unsubscribe from our service at the end of your plan.

We reserve the right to amend the subscription fees at any time or introduce new fees/charges. We will provide you with written notice in advance during which you will have the right to unsubscribe from your current plan, should you not agree with these changes.

You acknowledge that Capturly has the right to suspend/terminate your subscription account in case you are in breach of the terms and conditions of this agreement. Capturly also retains the right to refuse any new account subscriptions.

D. Data Privacy

Capturly is fully committed to protecting the privacy of your data as well as the data collected in relation to your customers and visitors of your website. We do not share, sell, rent or exchange any of the information we collect for our clients from their websites with any other 3rd party organization.

Please review our Privacy Policy and familiarize yourself in whole with our privacy practices. You agree that you will implement a privacy policy on your website with the same effect or stricter.

By using our services you acknowledge that you may collect information which is considered as being personal information and/or personal information which is defined as being sensitive, or of financial nature under the applicable laws. You acknowledge that you shall be solely and exclusively responsible to provide all the necessary controls and appropriate statements of disclosure regarding your use of our services on your website as well as obtain any consent, which you might be legally obliged to obtain. You must comply with all applicable laws (including, but not limited to, privacy and data security laws) and represents and warrants that it will not use the Service to violate such laws. You agree to exclude any confidential, proprietary, sensitive, or personally identifiable information from capture, as necessary, described in the GDPR and the CCPA.

You hereby declare that you comply with all applicable data protection laws and regulations that are relevant to you and your website. Capturly shall not be held responsible or liable to any extent on in any manner upon failure for you to do so.

E. Warranties and disclaimer

We hereby represent and warrant that we will only use your and any of your affiliates data in accordance with this agreement and our Privacy Policy. Capturly also represents and warrants that none of the content or related intellectual property in connection with our website and services or the performance of our services infringe any third party rights.

The services, and materials and content on our website are provided “as is”. Capturly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties other than stated above in this Section.

Furthermore, Capturly specifically does not warrant or make any representations concerning the accuracy, completeness, timeliness, likely results, or reliability of the services and the materials on its website or on any sites linked to the website. The performance and results of our services may include inaccuracies and/or errors which you accept by subscribing to our services.

Capturly does not represent or warrant that the services will be error free or uninterrupted, or that any such errors will be corrected or that the servers through which our website is running and our services are provided shall be free of viruses or other harmful components, and no downtime shall be experienced.

Capturly may make alterations, improvements and updates to the services and the material on its website at any time without notice but is not obliged in any manner to do so. Capturly shall not be held accountable and shall not be responsible for unauthorized access to or alteration of your website, data or Capturly account.

You represent and warrant that you are the owner or have the necessary rights to the URLs of your website on which the services shall be used and you have obtained all necessary consent from your visitors in accordance with our Privacy Policy and any and all applicable legislation.
In the course of performing the services, Capturly will have access to your content, data, information and know-how relating to your business some of which is not publically available, including but not limited to technical and commercial information concerning the business, systems, processes, software and services of you. If you are located in the European Union (EU), European Economic Area (EEA) or have any visitors in the EU/EEA, you represent and warrant that you use Capturly in accordance with the GDPR and if it is applicable to you you have signed our Data Processing Agreement (DPA). If you are located in California, United States, you represent and warrant that you use Capturly in accordance with the CCPA.

Capturly will keep such data confidential and maintain your confidentiality in the strictest of confidence and not disclose or permit disclosure of any such data to any unauthorized person, and only make such limited use and number of copies of the data as strictly as it is necessary to perform the services.

You grant us right to collect and access your data required to provide you with reports and other functions related to the services; to compile and process data derived from your use of the services to prepare statistics, metrics, insights and general trend data about the services for, among other things, marketing and promotional purposes and to constantly improve the services.

F. Proprietary Rights

All rights, titles and interest in the service and any content contained herein is the exclusive property of Capturly, except if specifically otherwise stated. Unless otherwise specified, this service is for your personal and limited commercial use only and you may print, copy and download any information or portion of the website for your personal use only. If you copy or download any information from this website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the service, except for the purposes expressly provided herein, without Capturly's prior written approval.

All rights not expressly granted to you in this agreement are hereby exclusively reserved and retained by Capturly and its licensors without any restrictions.

All Capturly trademarks, trade names, service marks and logos are the sole proprietary of Capturly. Your use of any marks on the website and service in any manner other than as authorized in this Agreement, or as authorized in writing by Capturly, is strictly prohibited.
Capturly may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any data, except for the Services expressly provided herein, without your prior written approval.

G. Limitation of Liability

Capturly and it’s subsidiaries, employees, agents or owners shall not be liable for any direct or indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the website or services, including but not limited to any damages resulting from lost use, lost data, or lost profits. In no event shall Capturly’s total cumulative liability in connection with this agreement exceed a monthly subscription fee paid by you for the services valid on date the first claim giving rise to such liability arose. The existence of more than one claim will not alter the limitations of liability set forth in this section.

If any part of the limitation of liability set forth in this Section G should be unenforceable under Your applicable law, Capturly's aggregate liability shall be limited to the utmost extent of what is permitted by applicable law.

We are not responsible for any direct or indirect loss of data or profit in connection with the website or service.

H. Legal Compliance

You hereby agree that you are fully responsible for compliance with any applicable local laws and regulations under your jurisdiction.

By using the services you expressly agree that you will not use the services for any illegal or unauthorized purpose and all your actions pertaining to or in connection with the services shall be in full compliance with all applicable laws and regulations.

I. Indemnification

You agree to indemnify and hold harmless and defend Capturly, its officers, owners, partners, directors, employees, agents, subsidiaries, affiliates, shareholders, licensors, suppliers and other partners at your own expense, against any and all third-party claims, actions, proceedings, suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses that arise from your breach of any terms or conditions of this agreement, your use of the services. You hereby agree to cooperate as fully as reasonably required in the defense of any claim.

Capturly reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation will survive this agreement.

J. Termination

In the event of termination of this agreement for any reason, the licenses granted to you under this agreement shall automatically and immediately be revoked.

You acknowledge that Capturly has the right to discontinue the website and services with or without out any prior notice for any reason.

Capturly has the right to discontinue website tracking if the admin user account of the given website does not log in for more than 90 days. Regarding GDPR, Capturly has the right to delete user accounts in case the user does not log in for more than 360 days.

You will have the right to cancel your subscription of the services in accordance with our Cancellation Policy.

No further payments will be taken after your cancellation request has been processed. Please be aware that no refunds will be given for the remaining period of your subscription. If you decide to subscribe for our services after the cancellation has been made, the date of subscription will be the starting date of your new period.

You can cancel your account if you wish to. After processing the cancellation, we won’t take further payments from you, but no refunds will be given either.

We also reserve the right to stop our website and service without any prior notice.

K. Miscellaneous

All rights and obligations herein which by their nature survive or are intended to survive termination or expiration of the agreement, shall continue in full force and effect subsequent to and notwithstanding such termination or expiration, until they are satisfied or by their nature expire.

Should Capturly fail to enforce any terms and/or conditions or not require you to fulfill any obligations set forth in the provisions of this agreement, this fact shall in no way waive Capturly’s right to enforce any such obligations or the performance of the agreement.

This agreement constitutes the entire agreement between the parties concerning its subject matter, and supersedes all prior agreements and representations between the parties.

Capturly may assign and/or delegate any rights and obligations under this agreement without prior written notice to you! You do not have the right to not assign or delegate any rights or obligations under this agreement except when expressly agreed by Capturly in writing.

If any part of this agreement is declared by any competent court to be unenforceable or invalid, the remainder will continue to be valid and enforceable.

L. Cancellation, upgrade and refund policy

Trial
Your first 14 days are free on every plan and you can switch plan types as many times as you’d like during this 14-day period. If you decide to use the service after 14 days, you will need to enter a valid credit card before your trial period expires. If you do not enter a valid credit card before your free trial expires your account will automatically become inactive.

Cancelling
Cancelling is quick and easy. Simply log into your account and select My account > Settings. Once you cancel you won't be charged again. If you cancel part way through a month you won't be charged again, but no refunds will be given for the remaining paid-up time.

J. Further information

If you have any questions concerning this Privacy Policy, please contact via our contact form or send us a mail to: Capturly, Inc.
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YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT AND BY SUBSCRIBING TO THE SERVICES YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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Last updated: 12/19/2019