Capsule — Terms of Service

1. Who we are

Capsule ("the App") is provided by JAT App Ventures UG (haftungsbeschränkt), Zur Börse 26, 10247 Berlin, Germany, registered at the Amtsgericht Charlottenburg (Berlin) under HRB 262448 B, represented by its managing director Jens Thenakara ("we", "us", "our"). Contact: info@jatappventures.xyz.

2. Scope and acceptance

These Terms of Service ("Terms") govern your use of the App and all related services. By creating an account or using the App, you agree to these Terms. The terms of the store from which you downloaded the App (Apple App Store or Google Play) also apply. Our Privacy Policy explains how we process personal data; it is not part of these Terms and does not require your consent to be valid.

3. Your account

You must provide accurate registration information and keep it up to date. You are responsible for keeping your login credentials confidential and for activity that takes place under your account. Please tell us immediately at info@jatappventures.xyz if you suspect unauthorised use.

4. The service

Capsule lets you collect photos, videos, voice recordings and text into private collections ("Capsules"), share them with people you choose, schedule messages that unlock in the future ("Future Memories"), and use AI-powered features such as automatic Capsule suggestions from your photos and creative overlays. We continuously develop the App and may add, change or remove features, provided that the core purpose of the App is preserved and the changes are reasonable for you.

5. Free use, Capsule Premium and subscriptions

5.1 The App can be used free of charge with a basic feature set. Premium and AI features are available through a paid subscription ("Capsule Premium").

5.2 Subscriptions are purchased through the Apple App Store or Google Play. Payment is processed by Apple or Google; we do not receive your payment card details. The price that applies to you is shown in the App before purchase.

5.3 Subscriptions are billed monthly and renew automatically for a further month unless you cancel at least 24 hours before the end of the current billing period. You can cancel at any time in your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period, and you keep Premium access until then.

5.4 Refunds are handled by Apple or Google in accordance with their policies. If you are a consumer, your statutory rights, including any statutory right of withdrawal, remain unaffected.

5.5 We may change subscription prices for future billing periods. We will inform you in advance through the App or the store and, where the store or applicable law requires it, a price increase will only apply once you have agreed to it. You can cancel before a price change takes effect.

6. Your content

6.1 You retain all rights to the photos, videos, recordings, text and other content you upload ("User Content").

6.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce, adapt (for example, to create overlays you request) and display your User Content solely to provide the App to you and to the people you choose to share it with. This licence ends when you delete the content or your account, except for copies that people you shared content with have already saved, and backup copies that are deleted in the normal backup cycle.

6.3 We do not sell your User Content, use it for advertising, or use it to train AI models.

6.4 You confirm that you hold the necessary rights to your User Content and that the people who can be recognised in it, or whose voice or messages it contains, agree to you storing and sharing it in this way.

7. AI features

AI features (for example, automatic Capsule suggestions and the Comic Strip and Vintage Newspaper overlays) are generated automatically using Google machine learning and Google Cloud services. Results may be inaccurate, incomplete or not to your taste, so please review AI-generated content before sharing it. AI features process only the content you choose to use them with.

8. Future Memories

8.1 Future Memories are stored securely and made available to the recipients you name on the date or occasion you choose.

8.2 Delivery depends on the recipient details you provide being current and on the App still being operated at the scheduled time. We take reasonable care to deliver Future Memories as scheduled, but we cannot guarantee delivery in every case, particularly many years in the future. Please keep copies of anything irreplaceable.

9. Sharing and acceptable use

You agree not to:

• use the App for unlawful purposes or in breach of others' rights, including privacy, personality and copyright;
• upload or share content that is unlawful, sexually exploits minors, incites violence or hatred, harasses others, or is otherwise seriously objectionable;
• impersonate any person or misrepresent your affiliation with any person or entity;
• interfere with the App's operation or security, or access it by automated means not provided by us.

10. Reporting content

If you come across content in the App that you believe is unlawful or breaches these Terms, please flag it using the flag feature in the App, or email info@jatappventures.xyz. We review every flagged item, may remove or restrict content and suspend accounts, and will inform the affected users of our decision and the reasons for it where the law requires this.

11. Availability and keeping copies

We use reliable cloud infrastructure and take care to keep the App available, but we cannot guarantee uninterrupted availability. Maintenance, security measures or events beyond our control may cause interruptions. Should we ever decide to discontinue the App, we will give you at least 60 days' notice and a way to export your content.

12. Ending the agreement

You can delete your account at any time in the App under Settings, or by emailing info@jatappventures.xyz. Deleting the App from your device does not delete your account or cancel a subscription. We may suspend or terminate your account with reasonable notice, or immediately for good cause, in particular for serious or repeated breaches of these Terms.

13. Intellectual property

The App, its design, software, trademarks and content (excluding User Content) are owned by or licensed to us. You may not copy, modify, distribute or reverse engineer them, except as permitted by law.

14. Liability

14.1 We are liable without limitation for damage caused intentionally or through gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent we have given a guarantee.

14.2 For slight negligence, we are liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance of the contract possible and on which you may regularly rely), and only up to the damage that was foreseeable and typical when the contract was concluded.

14.3 Otherwise, our liability is excluded. These limitations also apply to our employees and agents.

14.4 For loss of data, we are liable only to the extent the loss would have occurred even if you had made reasonable backups.

14.5 Mandatory consumer protection rules of your country of residence remain unaffected.

15. Changes to these Terms

We may amend these Terms for valid reasons, such as new features, changes in the law or court rulings. We will inform you of changes at least 30 days before they take effect, in the App or by email. Where a change materially affects your rights or obligations, we will ask for your consent. You may delete your account at any time.

16. Governing law and disputes

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you have your habitual residence. If you are a merchant, the exclusive place of jurisdiction is Berlin. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

17. Additional terms for Apple devices

If you downloaded the App from the Apple App Store, these Terms are concluded between you and us, not with Apple. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to an applicable warranty, you may notify Apple, which will refund the purchase price (if any); Apple has no other warranty obligation. Apple is not responsible for any claims relating to the App, including product liability, legal or regulatory compliance, or intellectual property infringement claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm that you are not located in a country subject to a US government embargo and are not on any US government list of restricted parties.

18. Final provisions

If any provision of these Terms is or becomes invalid, the remaining provisions remain unaffected.

19. Contact

JAT App Ventures UG (haftungsbeschränkt), Zur Börse 26, 10247 Berlin, Germany
info@jatappventures.xyz