Terms of Service

1. Service Provider & Governance

These Terms of Service ("Terms") constitute a legally binding agreement between you and Yaholy Corp, a Delaware corporation ("Company," "we," "our," or "us"), governing your access to and use of Caption Cut Shot, including our website, applications, and related services (collectively, the "Service").

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved through binding arbitration in San Francisco, California, as described in Section 7 below.

Contact Information

For questions about these Terms, please contact us at [email protected].

2. Acceptance & Service Eligibility

Acceptance of Terms

By creating an account, accessing, or using Caption Cut Shot, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

Age Requirements

• Minimum Age: You must be at least 16 years old to use Caption Cut Shot.
• Parental Consent: If you are between 16 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
• Verification: We reserve the right to request proof of age or parental consent at any time.

Account Creation

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

Right to Refuse Service

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion, particularly if you violate these Terms or engage in conduct we deem harmful to other users or the Service.

3. User Responsibilities & Content Sourcing

This section is critically important. Please read it carefully.

Your Responsibility for Content

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE for ensuring that all video content you upload to, process through, or use with Caption Cut Shot:

• Comes from legal and authorized sources
• Does not infringe any third-party intellectual property rights, including copyrights, trademarks, or patents
• Complies with all applicable laws and regulations
• Respects all third-party terms of service, including those of content platforms like YouTube, TikTok, Instagram, and others
• Has been obtained with all necessary permissions, licenses, and rights for the intended use

YouTube and Third-Party Platform Compliance

• You must comply with YouTube's Terms of Service and the terms of any other platform from which you source content.
• You must obtain explicit permission from the content creator/copyright owner before downloading, processing, or redistributing their content.
• You are responsible for determining whether your use constitutes fair use, fair dealing, or requires a license under applicable copyright law.
• Caption Cut Shot does not endorse, facilitate, or encourage the unauthorized downloading or use of copyrighted content from YouTube or any other platform.
• We cannot and do not verify whether you have obtained proper permissions or licenses for content you upload.
• You may not use Caption Cut Shot to circumvent YouTube's Content ID system, download restrictions, or any other platform's technical protection measures.

Copyright and Intellectual Property Compliance

Before uploading any video content to Caption Cut Shot, you must ensure:

• You own the copyright to the content, OR
• You have obtained a valid license from the copyright owner authorizing your intended use, OR
• Your use qualifies as fair use/fair dealing under applicable copyright law (note: this is a complex legal determination that you should make with legal counsel)

Publicity Rights and Privacy

You are responsible for obtaining all necessary consents and releases for any individuals who appear in your videos, including:

• Publicity Rights: Rights to use a person's name, image, likeness, or voice
• Privacy Rights: Rights related to recording or distributing images of individuals
• Model Releases: Signed agreements from individuals appearing in commercial content
• Minors: Parental or guardian consent for any individuals under 18

Company Disclaimers

Your Acknowledgment

By using Caption Cut Shot, you explicitly acknowledge and agree that:

• You are solely responsible for all content you upload, process, or create using the Service
• You will not use the Service to infringe any third-party rights
• You will comply with all applicable platform terms of service when sourcing content
• You understand that unauthorized use of copyrighted content may result in legal liability
• You will indemnify and hold harmless Yaholy Corp from any claims arising from your content (see Section 6)

4. Prohibited Conduct

You agree that you will NOT use Caption Cut Shot to:

Intellectual Property Violations

• Infringe any copyright, trademark, patent, trade secret, or other intellectual property right
• Violate any publicity rights, including unauthorized use of a person's name, photo, voice, or likeness
• Create or distribute deepfakes or AI-generated content that impersonates individuals without consent
• Reverse-engineer, decompile, disassemble, or create derivative works of the Service

Illegal or Harmful Activities

• Engage in any illegal, harmful, fraudulent, deceptive, or threatening behavior
• Harass, bully, defame, or intimidate any individual or group
• Distribute child sexual abuse material (CSAM) or exploit minors in any way
• Create or share non-consensual intimate imagery
• Promote violence, terrorism, or hate speech
• Violate any applicable laws or regulations

Platform Abuse

• Scrape, crawl, or use automated tools to extract data from the Service
• Circumvent any security measures, access controls, or usage restrictions
• Use output from Caption Cut Shot to train competing AI models or services
• Manipulate engagement metrics, artificially inflate views, or engage in social media fraud
• Harvest or collect personal information from other users
• Attempt to gain unauthorized access to other users' accounts or data

Misuse of Service

• Use the Service in any manner that could damage, disable, overburden, or impair our servers
• Interfere with any other user's use and enjoyment of the Service
• Upload viruses, malware, or any malicious code
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Use the Service for any commercial purpose not expressly authorized

Content Restrictions

The following content is strictly prohibited:

• Child sexual abuse material (CSAM) or sexualized content involving minors
• Non-consensual intimate imagery or "revenge porn"
• Content that promotes or glorifies violence, terrorism, or criminal activity
• Defamatory, libelous, or deliberately misleading content
• Content that violates any person's privacy, publicity, or data protection rights
• Spam, unsolicited advertising, or phishing content

Enforcement

Violation of these prohibitions may result in:

• Immediate removal of offending content
• Suspension or termination of your account
• Referral to law enforcement authorities
• Legal action to recover damages and attorneys' fees
• Permanent ban from using the Service

5. Content Ownership & Licensing

Your Ownership Rights

You retain all ownership rights to the video clips you create using Caption Cut Shot's AI technology. We do not claim ownership of your generated clips.

License You Grant to Us - Private Content

For clips you keep private within your account:

• You grant us a limited license to display and process these clips solely to provide the Service to you
• This license includes the right to store, reproduce, and transmit the clips as necessary for Service functionality
• We will not use private clips for marketing, promotional purposes, or public display

License You Grant to Us - Public Content

If you choose to make clips public, share them via Caption Cut Shot's platform features, or publish them to social media through our Service:

• You grant Yaholy Corp a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content
• This license allows us to use your public clips in marketing materials, case studies, testimonials, demonstrations, and promotional content
• You cannot revoke this license once content has been shared publicly through the Service
• We may continue to use previously public content even if you later delete your account

AI Training and Improvement

To improve Caption Cut Shot's AI models and features:

• We may use anonymized, aggregated metadata from your video processing for AI training purposes
• We analyze usage patterns to improve scene detection accuracy and clip quality
• You may opt out of AI training by contacting [email protected] with "AI Training Opt-Out" in the subject line
• Opting out may limit certain features or reduce Service quality

Your Warranties

By uploading content to Caption Cut Shot, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, consents, and permissions for the content
• Your content does not infringe any third-party intellectual property, privacy, publicity, or other rights
• You have the authority to grant the licenses described above
• Your content complies with these Terms and all applicable laws

Use of AI-Generated Elements

The AI-generated elements produced by Caption Cut Shot (scene detection, highlight identification, clip timing) are outputs of our proprietary technology. While you own the resulting clips, the underlying AI algorithms, models, and technology remain the exclusive property of Yaholy Corp.

6. Third-Party Rights & User Indemnification

Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Yaholy Corp, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Copyright Infringement: Any claim that content you uploaded infringes a third party's copyright, including claims related to videos downloaded from YouTube or other platforms
• Trademark Violations: Unauthorized use of trademarks, service marks, or trade dress
• Publicity Rights Claims: Unauthorized use of a person's name, image, likeness, or voice
• Privacy Violations: Invasion of privacy, unauthorized recording, or data protection violations
• Defamation: Libelous, slanderous, or defamatory content you create or distribute
• Platform ToS Violations: Violations of YouTube, TikTok, Instagram, or other third-party platform terms of service
• Your Breach of Terms: Any violation of these Terms of Service
• Unlawful Conduct: Any illegal activity conducted using the Service
• Third-Party Claims: Any claim by a third party arising from your use of the Service

Indemnification Process

If we are subject to a claim covered by your indemnification obligations:

• We will promptly notify you of the claim
• You will assume control of the defense and settlement of the claim at your expense
• We reserve the right to participate in the defense with counsel of our choice at our expense
• You may not settle any claim without our prior written consent if the settlement imposes obligations on us or admits fault on our behalf
• You will reimburse us for all reasonable costs, expenses, and attorneys' fees incurred

No Limitation of Indemnification

Your indemnification obligations under this Section survive termination of your account and these Terms, and are not limited by the liability cap in Section 7. This means you may be required to pay indemnification amounts exceeding the $100 or 12-month subscription liability cap if third-party claims arise from your content.

7. Liability Limitations & Disclaimers

Limitation of Liability

Types of Damages Excluded

IN NO EVENT SHALL YAHOLY CORP BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damage to reputation or goodwill
• Cost of substitute services or products
• Damages arising from third-party claims related to your content
• Damages resulting from unauthorized access to your account
• Damages caused by AI errors, inaccuracies, or inappropriate outputs

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Service Disclaimers

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, YAHOLY CORP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Merchantability: No warranty that the Service is suitable for commercial purposes
• Fitness for a Particular Purpose: No guarantee the Service meets your specific needs
• Non-Infringement: No warranty that your use won't infringe third-party rights
• Accuracy: No guarantee that AI scene detection is error-free or accurate
• Availability: No guarantee of uninterrupted, secure, or error-free access
• Results: No guarantee your clips will go viral, gain views, or achieve any specific outcome

AI-Specific Disclaimers

• AI scene detection may produce inaccurate, inappropriate, or unexpected results
• You are responsible for reviewing all AI-generated clips before publication
• We are not liable for harmful, offensive, or inappropriate content suggested by the AI
• AI performance may vary based on video quality, content type, and other factors
• Clip quality, virality, and social media performance are not guaranteed

Mandatory Binding Arbitration

READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service (including the breach, termination, enforcement, interpretation, or validity thereof) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Terms

• Location: Arbitration shall be conducted in San Francisco, California
• Individual Basis Only: Arbitration shall be on an individual basis; class arbitrations and class actions are not permitted
• Arbitrator Authority: The arbitrator may award any relief available in court, but only to the individual party seeking relief
• Costs: Each party shall bear its own attorneys' fees and costs, except as otherwise required by law or the AAA rules
• Exceptions: Either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights or confidential information

Class Action Waiver

Opt-Out Right

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to [email protected] with the subject line "Arbitration Opt-Out" and including your name, account email, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all disputes will be resolved in the state or federal courts located in San Francisco, California.

Statute of Limitations

You must bring any claim related to these Terms or the Service within one (1) yearafter the claim arises, or the claim is permanently barred.

8. Payment, Subscription & Billing

Subscription Plans

Caption Cut Shot offers both free and paid subscription plans. Paid plans provide access to premium features, increased processing limits, and priority support. Current pricing and plan details are available on our website.

Auto-Renewal

• Automatic Renewal: Paid subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date
• Billing Date: You will be charged on the date you initially subscribe and on the same date each subsequent billing period
• Payment Method: Your designated payment method will be charged automatically
• Renewal Notice: We will send you an email reminder before each renewal

Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You will retain access to paid features until the end of the paid period
• No refunds are provided for partial billing periods

Price Changes

We reserve the right to modify subscription prices at any time. Price changes will:

• Be communicated to you at least 30 days in advance via email
• Take effect on your next renewal date after the notice period
• Not affect your current billing period
• Give you the opportunity to cancel before the new price takes effect

Refund Policy

• Subscriptions Are Non-Refundable: Subscription fees are charged in advance for each billing period (monthly or annually) and are non-refundable. We do not provide refunds or credits for partial subscription periods, unused time, or periods when your account was inactive.
• Credits Are Non-Refundable: Credit packages purchased through the Service (whether via in-app purchase, Stripe, or other payment methods) are non-refundable once the transaction is complete. Credits cannot be exchanged for cash or transferred to another account.
• Cancellation Does Not Equal Refund: Cancelling your subscription prevents future billing but does not entitle you to a refund for the current billing period. You will retain access to paid features until the end of your paid period.
• Platform-Specific Refunds: If you purchased a subscription through the Apple App Store, Google Play Store, or other third-party platform, refund requests must be submitted directly to that platform according to their refund policies. We cannot process refunds for purchases made through third-party platforms.
• Service Issues: If you experience technical issues that substantially prevent your use of the Service, contact [email protected] for assistance. We will work to resolve technical problems, but this does not guarantee a refund.
• Discretionary Refunds: In exceptional circumstances, we may provide refunds on a case-by-case basis at our sole and absolute discretion. Such refunds are not guaranteed and do not create any obligation for future refunds.
• Chargebacks: Initiating a chargeback or payment dispute without first contacting us may result in immediate account termination and loss of access to all content and features.

Credit Purchases

In addition to subscription plans, Caption Cut Shot offers credits that can be purchased to access premium features and process videos. Credits function as a virtual currency within the Service.

• Non-Refundable: All credit purchases are final and non-refundable once the transaction is completed, regardless of whether the credits are used or unused.
• No Cash Value: Credits have no cash value and cannot be redeemed, exchanged, or converted to cash under any circumstances.
• Non-Transferable: Credits are tied to your individual account and cannot be transferred, sold, or gifted to another user or account.
• Credit Allocation: Purchased credits are added to your account balance immediately upon successful payment processing.
• Credit Usage: Credits are deducted from your account balance when you use features that require credits, such as video processing or clip generation.
• Expiration: Credits purchased through the Service do not expire and remain in your account until used, unless your account is terminated or closed.
• Account Closure: Upon account deletion or termination, any remaining unused credits are forfeited without refund or compensation.
• Pricing Changes: We reserve the right to modify credit pricing or the credit cost of features at any time with notice. Changes do not affect credits already purchased.
• Purchase Methods: Credits may be purchased via in-app purchase (subject to Apple/Google terms), Stripe payment processing, or other payment methods we make available.

Payment Processing

• Processor: All payments are processed securely through Stripe, Inc.
• Separate Terms: Stripe's privacy policy and terms of service apply to payment processing
• Payment Information: We do not store complete credit card numbers (see our Privacy Policy for details)
• PCI Compliance: Stripe is PCI-DSS Level 1 certified

Failed Payments

• If payment fails, we will attempt to charge your payment method up to 3 times over 7 days
• You will receive email notifications of failed payment attempts
• If payment cannot be processed, your account will be downgraded to the free plan
• You are responsible for updating payment information to maintain uninterrupted service

Taxes

You are responsible for all applicable taxes (sales tax, VAT, GST, etc.) associated with your subscription. Taxes may be added to your invoice based on your billing address and local regulations.

9. Acceptable Use Policy

In addition to the prohibited conduct outlined in Section 4, you specifically agree that you will not use clips generated by Caption Cut Shot for the following purposes:

Prohibited Uses of Generated Clips

• Deepfakes Without Consent: Creating or distributing AI-generated or manipulated videos that falsely depict individuals without their explicit consent
• Misleading Compilations: Creating deceptively edited clips that misrepresent what someone said or did (e.g., out-of-context clips designed to harm reputation)
• Child Exploitation: Any content involving minors in sexual, suggestive, or exploitative contexts (zero tolerance policy)
• Non-Consensual Intimate Content: Sharing or distributing intimate imagery of individuals without their consent
• Harassment Campaigns: Using clips as part of coordinated harassment, doxxing, or targeted abuse
• Unlicensed Commercial Use: Commercial exploitation of clips containing third-party copyrighted content without proper licensing
• Platform Manipulation: Using clips to artificially inflate engagement metrics or manipulate social media algorithms
• Illegal Activities: Any use that violates local, state, federal, or international laws

Content Moderation

While we do not proactively monitor all user-generated content, we:

• Respond to reports of Terms violations
• Reserve the right to review content at our discretion
• Will remove content that violates these Terms
• May report illegal content to law enforcement
• Cooperate with legal investigations and court orders

Social Media Platform Compliance

When publishing clips to social media platforms, you must comply with:

• Each platform's Terms of Service and Community Guidelines
• Platform-specific content policies and restrictions
• Copyright and DMCA policies of each platform
• Advertising and monetization policies if applicable

Reporting Violations

If you believe content violates these Terms, please report it to [email protected] with:

• Description of the violation
• Link to or identification of the content
• Your contact information
• Any supporting documentation

10. Intellectual Property Rights

Company Intellectual Property

Caption Cut Shot and all related technology, features, functionality, and content (excluding user-generated content) are and remain the exclusive property of Yaholy Corp and its licensors. This includes:

• AI Technology: Scene detection algorithms, highlight identification models, and all machine learning components
• Software: Source code, object code, applications, and all related software
• Design: User interface design, graphics, logos, and visual elements
• Trademarks: "Caption Cut Shot," "Caption Cut," logos, and all related marks
• Trade Secrets: Proprietary processes, methods, and business information

Limited License to Use Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Caption Cut Shot for your personal or internal business purposes. This license does not include any right to:

• Copy, modify, or create derivative works of the Service
• Reverse-engineer, decompile, or disassemble the Service
• Rent, lease, lend, sell, or sublicense the Service
• Remove or alter any proprietary notices or labels

User Intellectual Property

As described in Section 5:

• You retain ownership of the clips you create using Caption Cut Shot
• The underlying AI technology used to generate clips remains our property
• You may use, modify, and distribute your clips according to the licensing terms in Section 5

Trademark Usage

"Caption Cut Shot," "Caption Cut," and associated logos are trademarks of Yaholy Corp. You may not use these trademarks without our prior written permission, except:

• Referencing the Service in a descriptive manner (e.g., "Created with Caption Cut Shot")
• Factual statements about your use of the Service

Copyright Infringement Claims (DMCA)

If you believe content on Caption Cut Shot infringes your copyright, please send a DMCA notice to [email protected] including:

• Your contact information and electronic signature
• Identification of the copyrighted work claimed to be infringed
• Location of the infringing material on our Service
• A statement that you have a good faith belief the use is unauthorized
• A statement that the information in your notice is accurate and you are authorized to act on behalf of the copyright owner

Repeat Infringer Policy

We will terminate accounts of users who are repeat copyright infringers in accordance with the Digital Millennium Copyright Act (DMCA) and applicable law.

11. AI Output Disclaimers

No Guarantee of AI Accuracy

Caption Cut Shot uses artificial intelligence to detect scenes, identify highlights, and generate video clips. AI technology is not perfect and may produce unexpected, inaccurate, or inappropriate results.

Potential AI Errors

The AI may:

• Miss important moments or highlight irrelevant content
• Select scenes that are offensive, inappropriate, or out of context
• Produce clips with incorrect timing or awkward cuts
• Fail to detect scene changes or transitions
• Generate clips that don't align with your intended message or brand
• Perform differently based on video quality, content type, or other factors

Your Responsibility to Review

No Liability for AI Outputs

Yaholy Corp is NOT liable for:

• Inappropriate, offensive, or harmful content selected by the AI
• Damage to your reputation resulting from AI-generated clips
• Lost revenue, opportunities, or engagement due to AI errors
• Clips that violate platform policies or terms of service
• Any consequences of publishing AI-generated content without review

No Guarantee of Results

We do not guarantee that clips generated by Caption Cut Shot will:

• Go viral, gain views, or achieve any specific engagement metrics
• Perform well on any social media platform or algorithm
• Generate revenue, followers, or business results
• Meet platform-specific requirements or best practices
• Be suitable for your intended purpose or audience

Continuous Improvement

While we continuously work to improve AI accuracy and performance:

• AI models may change or be updated without notice
• Results may vary over time as algorithms are refined
• We do not guarantee backward compatibility of AI outputs
• Feature performance may differ from marketing materials or demonstrations

Beta Features

Features marked as "beta," "experimental," or "preview" are provided as-is with no warranties. Beta features may be unstable, incomplete, or discontinued at any time without notice.

12. Data Privacy & Processing

Privacy Policy Reference

Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using Caption Cut Shot, you also agree to the terms of our Privacy Policy.

Video Processing & Storage

• Temporary Storage: Original videos you upload are stored temporarily during AI processing
• Automatic Deletion: Original uploads are automatically deleted within 24 hours after processing completes
• Generated Clips: AI-generated clips are retained in your account until you delete them or close your account
• Processing Data: Metadata and processing information is deleted within 7 days

Data Protection Compliance

We comply with applicable data protection laws, including:

• GDPR: General Data Protection Regulation (for EU users)
• CCPA: California Consumer Privacy Act (for California residents)
• State Privacy Laws: Colorado, Connecticut, Virginia, and Utah privacy statutes

Your Privacy Rights

Depending on your location, you may have rights to:

• Access your personal information
• Request deletion of your data
• Correct inaccurate information
• Export your data in a portable format
• Opt out of certain data processing activities

See our Privacy Policy for details on exercising these rights.

Data Security

We implement industry-standard security measures including encryption in transit (TLS/SSL), encryption at rest (AES-256), and strict access controls. However, no internet transmission is 100% secure, and we cannot guarantee absolute security.

13. Third-Party Services & Integrations

Third-Party Platform Terms

Caption Cut Shot may integrate with or reference third-party platforms and services, including but not limited to:

• YouTube: Terms of Service at youtube.com/t/terms
• TikTok: Terms of Service at tiktok.com/legal/terms-of-service
• Instagram/Meta: Terms at instagram.com/legal/terms
• Twitter/X: Terms at twitter.com/tos
• LinkedIn: User Agreement at linkedin.com/legal/user-agreement
• Stripe: Payment processing terms at stripe.com/legal

Your Responsibility for Third-Party Compliance

You are independently responsible for:

• Reading and understanding the terms of service of all third-party platforms you use
• Complying with all third-party platform policies when sourcing content
• Adhering to platform-specific content policies when publishing clips
• Maintaining your own accounts and credentials for third-party services
• Any violations of third-party terms resulting from your use of Caption Cut Shot

No Company Responsibility

Yaholy Corp is NOT responsible for:

• Third-party platform terms, policies, or changes to those terms
• Platform algorithm changes affecting clip performance
• Content removal or account suspension by third-party platforms
• Platform outages, API changes, or service disruptions
• Disputes between you and third-party platforms

No Endorsement

Our references to or integrations with third-party services do not constitute endorsement, sponsorship, or approval of those services. Use of third-party services is at your own risk.

Links to Third-Party Sites

Caption Cut Shot may contain links to third-party websites. We do not control, endorse, or assume responsibility for any third-party sites, information, materials, products, or services. Your use of third-party websites is governed by their respective terms and privacy policies.

14. Modifications to Service & Terms

Right to Modify Service

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service at any time
• Add, remove, or change features and functionality
• Implement usage limits or restrictions
• Change AI algorithms and processing methods
• Alter pricing, subscription plans, or billing practices

Notice of Material Changes

For material changes to the Service or these Terms, we will:

• Provide at least 30 days advance notice via email to your registered email address
• Display a prominent notice within the Service
• Update the "Last Updated" date at the top of these Terms
• Post the updated Terms on our website

Acceptance of Changes

Your continued use of Caption Cut Shot after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must:

• Discontinue use of the Service
• Delete your account before the effective date of the changes
• Stop accessing or using any features

Service Discontinuation

If we decide to discontinue Caption Cut Shot entirely:

• We will provide at least 60 days notice
• You will have the opportunity to export your data
• Prorated refunds may be provided for unused subscription periods at our discretion
• No compensation will be provided beyond potential subscription refunds

Non-Material Changes

For minor changes (clarifications, formatting, contact information updates), we may update these Terms without advance notice. We encourage you to review the Terms periodically.

15. Account Termination & Suspension

Termination by You

You may terminate your account at any time by:

• Accessing your account settings and selecting "Delete Account"
• Contacting [email protected] with a deletion request
• Following the account closure process we provide

Termination by Company

We may suspend or terminate your account immediately without prior notice if:

• You violate these Terms of Service
• You upload infringing, illegal, or prohibited content
• You engage in abusive, harassing, or harmful behavior
• Your payment fails repeatedly
• We receive credible reports of Terms violations
• We are required to do so by law or court order
• Your account has been inactive for an extended period
• At our sole discretion for any reason with 30 days notice

Data Deletion Timeline

Upon account termination or deletion:

• Immediate: Your account access is revoked and you cannot log in
• Within 30 Days: All account data, clips, and personal information are deleted from production systems
• Up to 90 Days: Data may persist in backup systems for disaster recovery purposes
• Exceptions: Data we're required to retain for legal, tax, or regulatory compliance may be kept longer
• Public Content: Content you previously shared publicly and licensed to us (Section 5) may be retained

Effect of Termination

Upon termination:

• Your license to use the Service immediately ends
• You must cease all use of Caption Cut Shot
• You lose access to all generated clips and data in your account
• Subscription fees for the current billing period are forfeited (no refunds)
• Perpetual licenses you granted for public content remain in effect
• Your indemnification obligations (Section 6) survive termination
• Liability limitations (Section 7) survive termination

Export Your Data

Before requesting account deletion, we recommend exporting your data:

• Download all clips you want to keep
• Export any project data or settings
• Request a data export by contacting [email protected]

Account Recovery

Once your account is deleted, recovery is not possible. Account deletion is permanent and irreversible after the 30-day grace period.

16. Contact & Dispute Resolution

Contact Information

For questions, concerns, or issues related to these Terms or the Service, please contact us:

Informal Dispute Resolution

Before initiating arbitration or litigation, we encourage you to:

• Contact us at [email protected] to discuss the issue
• Provide a detailed description of the dispute and your desired resolution
• Allow us 30 days to investigate and attempt to resolve the matter
• Engage in good faith negotiations to reach a mutually acceptable solution

Formal Dispute Resolution

If informal resolution fails:

• Arbitration: Disputes must be resolved through binding arbitration as described in Section 7
• Arbitration Notice: Send written notice to [email protected] with "Arbitration Demand" in the subject line
• AAA Rules: Arbitration is administered by the American Arbitration Association under Commercial Arbitration Rules
• Small Claims Court: Either party may bring an individual action in small claims court if it qualifies

International Users

For users outside the United States:

• These Terms are governed by California law and arbitrated in San Francisco
• You consent to jurisdiction in California for dispute resolution
• Local consumer protection laws may provide additional rights
• Contact your local data protection authority for GDPR-related concerns

Government and Regulatory Contacts

You also have the right to contact relevant authorities:

• EU Users: Your national Data Protection Authority (DPA)
• California Users: California Attorney General, Office of Privacy Protection
• Copyright Issues: U.S. Copyright Office (copyright.gov)
• Consumer Protection: Federal Trade Commission (ftc.gov)