Captionator AI — Terms & Conditions
Last updated: May 27 2025
1. Acceptance of the Terms
By creating an account, purchasing a subscription, or otherwise using Captionator AI (“Captionator,” “we,” “our,” or “us”) you agree to be bound by these Terms & Conditions (“Terms”) and our Privacy Policy. If you do not agree, do not access or use the Services.
2. Definitions
- “Services” – All websites, applications, APIs, and features provided by Captionator AI.
- “User Content” – Media files, metadata, text, and any information you upload or transmit.
- “Output” – Captions, tags, indexes, or other results generated from your User Content.
- “Subscription Plan” – The pricing tier governing features, limits, and data-training preferences.
3. Eligibility & Account Security
You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. You are responsible for:
- Maintaining the confidentiality of your login credentials;
- All activities that occur under your account;
- Promptly notifying us of any unauthorized use.
4. Subscription Plans, Fees, & Taxes
- Billing – Fees are billed in advance on a recurring basis per your selected Plan.
- Auto-Renewal – Plans renew automatically unless cancelled before the renewal date.
- Price Changes – We may change prices with at least 30 days’ email notice.
- Taxes – You are responsible for all applicable taxes and government charges.
- Refunds – Except where required by law, payments are non-refundable.
5. License to User Content
You retain ownership of User Content. You grant Captionator a worldwide, non-exclusive, royalty-free license to:
- Host and store the Content;
- Process the Content through third-party APIs and internal pipelines;
- Generate and display Output to you and users you authorize;
- Improve our Services (including model training) unless your Plan restricts such use.
This license ends when you delete the Content or request deletion, except where retention is legally required.
6. Machine-Learning Model Training
By default, User Content may be used to train Captionator’s models. If your Plan opts out—or you email compliance@captionator.ai—we will exclude data from future training within a commercially reasonable time. Existing model versions are not retrained retroactively.
7. Prohibited Conduct
- Uploading content you lack rights to or that violates any law;
- Storing or distributing CSAM, extremist content, or malware;
- Reverse-engineering or extracting source code or model weights;
- Bypassing usage limits, security tools, or API rate limits;
- Scraping or mining the Services except via our documented API.
8. Third-Party Services & APIs
Captionator integrates with various vendors (“Processors”). We are not responsible for their availability or actions. Your interaction with a Processor is governed by its terms.
9. Intellectual Property
All software, models, design elements, trademarks, and documentation are the property of Captionator or its licensors. Except for the limited rights expressly granted, we reserve all rights.
10. Feedback
If you provide feedback, ideas, or suggestions, you grant us a perpetual, royalty-free license to use it without restriction or compensation.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CAPTIONATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE IN TRADE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTIONATOR’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD 100. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.
13. Indemnification
You will defend, indemnify, and hold harmless Captionator and its affiliates from any claim or expense, including attorneys’ fees, arising out of:
- Your User Content;
- Your breach of these Terms;
- Your violation of any law or third-party right.
14. Termination & Deletion
You may cancel your account at any time. Email compliance@captionator.ai to request deletion; we will comply within 30 days unless retention is legally required. We may suspend or terminate access for violations, non-payment, or security risk. Sections 5–6 and 9–13 survive termination.
15. Modifications to the Services or Terms
We may change these Terms or the Services at any time. Material changes take effect 30 days after notice via email or site banner. Continued use constitutes acceptance.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of Costa Rica. Disputes are subject to the exclusive jurisdiction of the courts in Alajuela Province, unless arbitration is agreed in a signed addendum.
17. International Users & Data Transfer
Captionator operates from Costa Rica, but all data is currently stored on servers located in the United States . By using the Services, you consent to this transfer and processing.
18. Export Compliance
You may not use the Services if you are located in an embargoed country or on any U.S. sanctions list.
19. Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
20. Entire Agreement
These Terms, the Privacy Policy, and any signed addenda constitute the entire agreement between you and Captionator regarding the Services.
21. Contact Information
Captionator AI Compliance Team
500 Meters West of Maxi Pali, Atenas, Alajuela 20501, Costa Rica
Email: compliance@captionator.ai