Terms of Service

These Terms of Service ("Terms") are an agreement between Pixel Authority ("we", "us", "our") and the organization or person using CapSend ("you"). They cover your use of CapSend, the website at https://capsend.app, and related services (together, the "Service"). If you accept these Terms for an organization, you confirm that you have authority to bind it, and "you" means that organization.

Please read them carefully. By creating an account, starting a trial, or using the Service, you agree to these Terms, our Acceptable Use Policy, and our Privacy Policy. If you are a recipient who was asked to record a video, the section If you record a video is the part written for you.

Definitions

• Customer or requester: the organization with a CapSend account that sends requests.
• Member: a person a customer invites to its account, with the role of Owner, Editor, or Viewer. Owners manage the account, members, billing, and settings.
• Recipient: a person asked to record a video, whether invited by email, text message, a copied link, or an open link. Recipients don't need an account.
• Request: an ask for one or more videos, including its title, instructions, instruction video, script, and settings.
• Customer Content: everything submitted to the Service by or for a customer, including requests, contact details, recordings, uploaded files, notes, and comments.
• Order Form: a signed order or contract for a Business plan.

Accounts

• The Service is for business and professional use. It is not for personal, family, or household use.
• You must be at least 18 years old to create an account or become a member.
• Give us accurate information and keep it up to date, including a working email address for your Owners.
• You are responsible for everything done under your account, and for your members' compliance with these Terms. Keep sign-in links and passwords secure, and tell us promptly at legal@capsend.app if you suspect unauthorized access.
• The account belongs to the organization, not to any individual member. Owners control who has access. When someone leaves your organization, an Owner should remove them and, if needed, transfer their private requests. We will not give a former member access to your content.
• Recording, open, and share links contain secret tokens. Anyone who has a link can use it. Share links with care, and rotate or disable any link you think has been exposed.

Plans, trials, and billing

Plans

We offer self-serve Starter and Team plans, billed monthly or annually, and a Business plan sold under an Order Form. Features and limits for each plan, such as videos received, seats, storage, and text messages, are described on our pricing page and in the app under Settings, Plan. Allowances apply per billing period and do not carry over.

Free trial

Starter and Team plans begin with a 14-day free trial. You must provide a payment card to start the trial. Each organization, and each Owner, can use one free trial. When the trial ends, it automatically converts to a paid subscription and your card is charged the plan price you chose, unless you cancel before the trial ends. We will email your Owners a reminder, with the amount you will be charged, at least 3 days before the trial ends.

Automatic renewal

Paid subscriptions renew automatically at the end of each monthly or annual period, and we charge your payment method the then-current price for your plan and seats, until you cancel. You authorize us and our payment processor, Stripe, to charge your payment method on each renewal and for any prorated changes you make during a period.

Cancelling

You can cancel online at any time from the Plan page in the app, which opens the Stripe billing portal. Cancellation takes effect at the end of the current trial or billing period. You keep access until then, and you won't be charged again.

Refunds

Fees are non-refundable, and we don't give refunds or credits for partial periods, unused allowances, or downgrades, except where the law requires otherwise.

Plan changes

Owners can upgrade, downgrade, switch between monthly and annual billing, or add seats on the Plan page. Changes are prorated by Stripe. You can't move to a plan with fewer seats than you currently use.

Price changes

We may change our prices. We will email your Owners at least 30 days before a price change applies to you, and it takes effect at your next renewal after the notice period. If you don't agree, you can cancel before the new price applies.

Taxes

Prices don't include taxes. You are responsible for any sales, use, value-added, or similar taxes on your purchase, other than taxes on our income, and we may collect them where required.

Failed payments

If a payment fails, we will let your Owners know and Stripe will retry. If payment is still not made, we may end the subscription. You will still be able to sign in and export your content, as described in Suspension and termination.

Business plans

Business plans are governed by an Order Form and may be invoiced. Unless the Order Form says otherwise, invoices are due within 30 days. If an Order Form conflicts with these Terms, the Order Form controls for that customer.

Plan limits

When your organization reaches a plan limit, you won't be able to send new invitations, add people, or turn on open links until the next period begins or you upgrade. People who already have a link can still record and send their videos.

Your responsibilities for requests and recordings

CapSend gives you the tools to ask people for videos. You decide who to ask, what to ask for, and how to use what you receive, so you are responsible for doing that lawfully. In particular, you are responsible for:

• Rights, consents, and releases. Having every right, consent, and release you need to request, record, use, edit, publish, and share recordings of your recipients and anyone else who appears in them, including rights of publicity and privacy. If you ask recipients to accept a consent statement in CapSend, the statement is yours. You are responsible for its wording and for whether it is enough for your intended use.
• Invitations and messages. You are the sender and initiator of every invitation and reminder sent through the Service, including text messages. You must have the recipient's permission to contact them by the method you choose, including any prior consent that text messages require, and you must comply with the laws that apply to your messages, such as the Telephone Consumer Protection Act, the CAN-SPAM Act, and similar laws elsewhere. Don't send requests to purchased or scraped lists.
• Recording and privacy laws. Complying with laws on recording people, data protection, and privacy, including giving recipients any notice the law requires and honoring their requests about their information.
• Testimonials and endorsements. If you use recordings as reviews, testimonials, or endorsements, complying with advertising law, including the FTC's rule on consumer reviews and testimonials (16 C.F.R. Part 465) and its Endorsement Guides. Don't script or edit testimonials to misrepresent someone's views or experience, and disclose material connections.
• Minors. You may request a video from someone under 18 only after you have obtained verifiable consent from their parent or guardian, and you must keep a record of it. Requests for sexual, nude, intimate, or "private" videos are prohibited for anyone of any age.
• Requests from recipients. Responding to recipients who ask to see, correct, or delete their information or recordings. You can delete a recipient and their recordings in the app. If a recipient contacts us, we will forward the request to you, and we may act on it ourselves where the law requires or you don't respond.
• Sensitive information. Don't use the Service to collect health information subject to HIPAA, government ID numbers, payment card numbers, or passwords. We don't currently sign Business Associate Agreements.

Acceptable use

You and your members must follow our Acceptable Use Policy, which is part of these Terms. It describes content and requests that are not allowed, how we enforce it, and how to report a problem. You may not resell the Service, use it to build a competing product, probe or break its security, or access it by automated means other than the interfaces we provide.

If you record a video

This section applies to recipients. You don't need an account, and you don't pay anything. By recording or uploading a video and sending it:

• You grant Pixel Authority a limited license to host, store, copy, process, and deliver your recording to the organization that asked for it, and to screen it for safety, only as needed to provide the Service.
• How that organization may use your video is between you and the organization. It may ask you to accept its own consent statement before you record. That statement is an agreement with the organization, not with us.
• You agree not to send content that breaks our Acceptable Use Policy.

You can review and record again before you send, and nothing is shared with the requester until you choose to send. If a request seems inappropriate or suspicious, please tell us through our report form. For questions about a video you sent, contact the organization that asked for it. Our Privacy Policy explains how we handle your information.

Your content and our license

You own your Customer Content. As between you and us, you keep all rights in it. You grant Pixel Authority a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, and display Customer Content only as needed to provide, secure, and support the Service for you, including making playback and edit-ready copies, screening for prohibited content, and complying with the law. This license ends when the content is deleted from the Service, except for copies we must keep by law.

We do not use Customer Content to train artificial intelligence models, and we don't allow our service providers to do so.

We own the Service, including the software, design, and our trademarks. Except for the rights we grant in these Terms, we don't give you any rights in the Service. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription.

Feedback. If you send us ideas or suggestions, we may use them without restriction or payment to you.

Privacy and data processing

Our Privacy Policy explains how we handle personal information. For personal information in Customer Content, you are the controller and we process it on your behalf. A Data Processing Addendum, including Standard Contractual Clauses for international transfers, is available on request at privacy@capsend.app. Once signed, it forms part of these Terms. Our current service providers are listed on our Sub-processors page.

Export, retention, and deletion

Owners can export all of your organization's content, including original recordings and a manifest, at any time. You control how long recordings are kept. You can delete them yourself, and you can set your organization to delete recordings automatically a chosen number of days after a request closes. Deleted items stay in the trash for 30 days and are then permanently deleted. Deleted database records are removed from our backups within 7 days after that.

We may keep content longer than you instruct when the law requires it, for example when we must preserve material we have reported to NCMEC or receive a valid legal preservation request. Our Privacy Policy describes retention in more detail.

Third-party services

The Service works with third-party services, such as Stripe for payments and Slack, Microsoft Teams, or webhooks you choose to connect. When you connect one, you tell us to send it the data needed for the integration. Your use of those services is governed by their terms, and we are not responsible for them.

Content review and enforcement

We are not obligated to monitor Customer Content, and we don't review recordings as a matter of course. To keep the Service safe, we use automated tools and human review. Request titles, instructions, and scripts may be screened by keyword rules and an AI model before invitations are sent, and sampled frames from recordings may be checked by an automated image-moderation service. Automated tools flag items, and a person reviews them before we act on an account.

If we reasonably believe content or activity breaks these Terms, the Acceptable Use Policy, or the law, we may remove or disable content, pause requests, hold a recording from being shared while we review it, restrict features, or suspend or terminate accounts. We report apparent child sexual abuse material to the National Center for Missing and Exploited Children, and we cooperate with law enforcement as the law requires.

Where we can do so lawfully and safely, we tell the affected customer what we did and why. You can appeal a decision by writing to legal@capsend.app, and a person who was not involved in the original decision will review it where possible.

Suspension and termination

Suspension

We may suspend your access, in whole or in part, if we reasonably need to: to comply with the law or a legal order, to prevent harm to recipients, other users, or the Service, to stop a security threat, or because of repeated or serious violations of these Terms. For serious violations of the Acceptable Use Policy we may act immediately. Otherwise we will give notice and a chance to fix the problem when that is practical, and we will restore access once the reason for suspension is resolved.

Termination

You can stop using the Service and cancel your subscription at any time. We may terminate these Terms or your account for a material breach that you don't cure within 30 days of notice, immediately for serious or repeated violations of the Acceptable Use Policy, or with 60 days' notice if we stop offering the Service.

Your content after a subscription ends

When a subscription ends, your Owners can still sign in to export your content, including original recordings, and people with open recording links can still finish sending. We may permanently delete your Customer Content 90 days after the subscription ends. Content we have removed for violating the law or our policies may not be available for export. If we stop offering the Service, we will refund any prepaid fees for the period after termination.

Sections that by their nature should survive termination will survive, including those on ownership, fees owed, disclaimers, limitation of liability, indemnity, and governing law.

Copyright complaints

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send a notice to our designated agent:

Copyright Agent, Pixel Authority, at copyright@capsend.app

Your notice must include:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you claim is infringed.
3. Identification of the material you claim is infringing and information reasonably sufficient for us to locate it, such as a share link.
4. Your name, address, telephone number, and email address.
5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

Counter-notices

If we remove material in response to a notice, we will tell the customer who submitted it. If you believe the material was removed by mistake or misidentification, you may send a counter-notice to the Copyright Agent that includes: your physical or electronic signature; identification of the material and where it appeared before removal; a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; and your name, address, and telephone number, with a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found) and will accept service of process from the person who sent the original notice. We may restore the material 10 to 14 business days after receiving a valid counter-notice unless the complaining party tells us it has filed a court action.

Repeat infringers

We will terminate, in appropriate circumstances, the accounts of customers who repeatedly infringe others' copyrights.

Confidentiality

Each party may receive non-public information from the other that is marked confidential or would reasonably be understood to be confidential. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to employees, contractors, and advisers who need to know it and are bound by similar obligations, or as the law requires. Customer Content is your confidential information. This section doesn't apply to information that is public through no fault of the receiving party, was already known to it, or was independently developed.

Changes to the Service

We improve the Service regularly and may add, change, or remove features. If we remove a feature that is material to your paid plan, we will give you reasonable notice. We aim to keep the Service available but don't promise uninterrupted access. Planned maintenance and events outside our reasonable control may cause interruptions.

Beta features. We may offer features labeled beta, preview, or similar. They may change or be withdrawn at any time, may not be as reliable as the rest of the Service, and are provided without any commitment to keep offering them. You can choose not to use them.

Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, Pixel Authority disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We don't warrant that the Service will be uninterrupted or error-free, that every recording will be captured or uploaded successfully on every device or network, or that our automated screening will catch all prohibited content. You are responsible for keeping your own copies of recordings that matter to you.

Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if it was advised of the possibility.

Our total liability arising out of or relating to these Terms or the Service will not exceed the greater of the fees you paid us for the Service in the 12 months before the event giving rise to the claim, or US$100.

These limits don't apply to your payment obligations, your indemnity obligations, or your breach of the Acceptable Use Policy, or to liability that cannot be limited by law.

Indemnity

You will defend and indemnify Pixel Authority and its owners, employees, and contractors against any third-party claim, and pay the resulting losses, damages, fines, and reasonable costs (including attorneys' fees), arising from: your Customer Content; your failure to obtain any right, consent, or release described in Your responsibilities; invitations or messages sent at your direction, including claims under telemarketing, text messaging, or anti-spam laws; or your breach of these Terms or the Acceptable Use Policy. We will give you prompt notice of the claim and reasonable cooperation, and you may not settle a claim that imposes obligations on us without our consent.

Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The courts located in the State of Delaware have exclusive jurisdiction over any dispute arising from these Terms or the Service, and both parties consent to that jurisdiction. Either party may seek an injunction in any court to protect its intellectual property or confidential information. Before filing a claim, please contact us at legal@capsend.app so we can try to resolve it informally.

Changes to these Terms

We may update these Terms. For material changes, we will notify your Owners by email and in the app at least 30 days before the changes take effect. Changes required by law or that address new features may take effect sooner. If you continue to use the Service after changes take effect, you accept them. If you don't agree, you can cancel before they apply. The terms in a signed Order Form don't change during its term unless both parties agree.

General

• Entire agreement. These Terms, the policies they reference, any Order Form, and any signed Data Processing Addendum are the entire agreement between us about the Service.
• Assignment. You may not assign these Terms without our consent, except to a successor of your business. We may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We send notices to your Owners' email addresses. Send legal notices to legal@capsend.app.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• Export and sanctions. You may not use the Service in violation of United States export control or sanctions laws.
• Independent parties. We are independent contractors. These Terms don't create a partnership, agency, or employment relationship.
• Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Failing to enforce a provision is not a waiver.
• Publicity. We won't use your name or logo in our marketing without your permission.

Contact

Questions about these Terms: legal@capsend.app. Business plans: sales@capsend.app or our contact form. Abuse reports: our report form or abuse@capsend.app.