Important โ Read Carefully: The following Terms & Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and the individual developer of Capush ("we," "us," or "Capush"). By downloading, installing, or using the Capush mobile application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old (or the age of digital consent in your jurisdiction, whichever is higher) to use Capush. By using the Service, you represent that you meet this requirement and have the legal capacity to be bound by these Terms.
2. License
Subject to your compliance with these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, limited license to install and use the Service solely for your own non-commercial purposes.
3. Your Content
Definition.
"User Content" means links, text, notes, images, audio, video, or any other materials you save, upload, or share via Capush.
Ownership.
You retain all rights to your User Content. We do not claim ownership.
Limited Rights Granted to Capush.
By saving or sharing User Content, you grant us a worldwide, royalty-free license to store, back-up, display, and transmit that content for the sole purpose of operating the Service.
Responsibility.
You are solely responsible for User Content, including ensuring (i) it does not infringe any third-party rights, violate law, or contain malicious code, and (ii) you have all necessary permissions.
Public Cards.
If you designate a Card as public, you understand its content (including your display name and profile photo) will be visible to anyone with the link and may be indexed by search engines. You can switch a Card back to private at any time, but we cannot control previously shared or cached copies.
4. Prohibited Conduct
You agree not to:
- Violate any applicable law or third-party right.
- Upload copyrighted material without authorization.
- Use the Service to distribute spam, malware, or personal data of others.
- Attempt to reverse-engineer, decompile, or otherwise exploit the Service or its source code.
- Interfere with or disrupt the Service or servers.
- Misrepresent your identity or impersonate any person or entity.
5. Intellectual Property
The Service, including its logo, design, and code, is protected by copyright, trademark, and other laws. Except for the limited license in ยง 2, you obtain no rights. All rights not expressly granted are reserved.
6. Third-Party Links & Embeds
Capush may display previews of third-party sites (e.g., YouTube videos, social posts) through publicly available metadata (OpenGraph, oEmbed, etc.). Such content remains the property of its respective owners. We make no warranties regarding accuracy, availability, or legality of embedded or linked content.
7. DMCA / Copyright Infringement Claims
If you believe content available through the Service infringes your copyright, please send a notice with (i) your signature, (ii) identification of the work, (iii) identification of infringing material, (iv) contact info, (v) statement of good-faith belief, and (vi) statement under penalty of perjury, to:
We will promptly investigate and remove content in accordance with the U.S. Digital Millennium Copyright Act.
8. Privacy
Your privacy is important. Our Privacy Policy explains how we collect, use, and safeguard data. By using the Service, you consent to the practices described there.
9. Termination
We may suspend or terminate your access without notice if we believe you violated these Terms or law. You may stop using the Service at any time. Sections 3โ14 survive termination.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT WILL BE PRESERVED WITHOUT LOSS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REPUTATION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED USD $100.
12. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, liabilities, and expenses (including attorneys' fees) arising from your (i) User Content, (ii) use of the Service, or (iii) violation of these Terms or law.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be submitted to binding arbitration in San Francisco County, California, under the rules of the American Arbitration Association. You waive any right to participate in a class action.
14. Changes to Terms
We may revise these Terms at any time. Material changes will be announced via the app or email. Continued use after modifications constitutes acceptance. If you disagree, discontinue use before the changes take effect.
15. Contact
Questions? Contact us at contact@capush.app