Capryce Terms of Use



Acceptance of Terms

Last Updated: August 10, 2022

The services that Capryce provides to you are subject to the following Terms of Use.

Capryce reserves the right to update and modify the Terms of Use at any time without notice. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of our site. When we make updates to the Terms of Use, Capryce will update the date at the top of this page. By using the website after a new version of the Terms of Use has been posted, you agree to the new terms.

Privacy and Protection of Personal Information

Our Privacy statement can be review on our Privacy Page

Content

All content included in or made available through the Services, such as insights, analytics, charts, text, graphics, logos, icons, images, sounds, digital downloads, data compilation, software, and documents, is the exclusive property of Capryceand is protected by the various applicable copyright, trademark, patent, and other intellectual property and unfair competition laws. All rights not expressly granted to you in this Terms of Use are reserved and retained by Capryce or its licensors, suppliers, publishers, rightsholders, or other content providers.

Software

Any software that is made available to download is the copyrighted work of Capryce and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Capryce.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Capryce hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, Capryce may make available as part of the services or in its software products, tools, and utilities for use and/or download. Capryce does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.

Documents

Permission to use Documents (such as white papers, press releases, datasheets, and FAQs) from the Website of Application is granted, provided that:

  • (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear
  • (2) unless explicitly covered by another license or agreement, use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
  • (3) no modifications of any Documents are made. Documents specified above do not include the design or layout of the Capryce.com website or any other Capryce owned, operated, licensed, or controlled site. Elements of Capryce websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Capryce website may be copied or retransmitted unless expressly permitted by Capryce.

Capryce and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Capryce and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Capryce and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Capryce and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Limitation of Liability

In no event shall Capryce and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Indemnification

You agree to indemnify and hold Capryce and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

  • (a) Content you submit, post, transmit or otherwise make available through the Service;
  • (b) your use of the Service;
  • (c) your connection to the Service;
  • (d) your violation of the Terms of Use;
  • (e) your violation of any third party’s rights; or
  • (f) your use or involvement with a contract for hire engagement.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will be required to connect with OAuth via Google, Facebook or GitHub. You are entirely responsible for maintaining the confidentiality of your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Capryce immediately of any unauthorized use of your account or any other breach of security. Capryce will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Capryce or another party due to someone else using your account. You may not use anyone else's account at any time, without the permission of the account holder.

Fees

The Services may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Services may require payment. You may also be provided "trial", "demo", "beta" or other Limited Versions of the Services and/or its parts with or without charge. In addition to any fees required to access certain features, capabilities, functions or services offered through or by the Services, you are responsible for paying all applicable taxes (including, but not limited to those we are not required to collect) and for all third party hardware, software, service and/or other costs you may incur in order to access the Services and your account. Neither these TOS nor your account entitle you to any subsequent releases of the Services, nor to any for-pay features, products, capabilities, features, upgrades or services offered, distributed or made available through the Services without paying applicable charges or except as otherwise expressly and explicitly provided by Capryce. All or some of the Services may need to be downloaded to your computer and/or accessed online. You must have authorized and separate Services access for each account you wish it to be enabled for and, where applicable, you must download and install any necessary software on each machine on which you wish to use and access the Services.

Converting an account and/or specific Services version or offering, including but not limited to trial or limited functionality rights offerings, to an enhanced account and/or fee-based version of the Services or other paid account, version or other Charged Offering may result in the loss of access to the information or other data associated with your use of the free or non-paid version of the Services. Capryce reserves the right to charge a fee for the Services or any of its features, products, capabilities, functions, upgrades or services at any time.

You may terminate your account at any time. You will not receive full or partial refunds for subscription periods that you have purchased. Terminating a subscription for one Charged Offering does not necessarily terminate right(s) you may have for another Charged Offering, other portion of the Services, software or other offerings from Capryce.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Capryce server, or the network(s) connected to any Capryce server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Capryce server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not attempt to copy or change, alter, or otherwise attempt to modify the Services or these Terms of Use.

Use of Services

The Services may contain e-mail services, insights, analytics, general information designed to enable you to gain insights into your life. You agree to use the Services only to collect, analyse and review data for the purpose of helping yourself and other memebers gain meaningful insights into their life.

Capryce reserves the right at all times to disclose any information as Capryce deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Capryce's sole discretion.

Disclosure:
Capryce complies with Google's API Services User Data Policy, including Limited Use requirements. For more details, please read the Google API Services User Data Policy.

Materials Provided to Capryce or Posted at any Capryce Website

Capryce does not claim ownership of the materials you provide to Capryce including data, data from your third party accounts, feedback and suggestions. However, by connecting and uploading, inputting, providing or submitting a form you are granting Capryce right to use your data in connection with the operation of their Internet businesses (including, without limitation, all Capryce Services), including, without limitation, the license rights to: analyse, review, edit, translate and reformat your data.

No compensation will be paid with respect to the use of your data, as provided herein. Capryce is under no obligation to post or use any data you may provide, and Capryce may remove any data at any time in its sole discretion.

By connecting and syncing data or submitting a form you warrant and represent that you own or otherwise control all of the rights to your data as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Links to Third-party Sites

The links in this area will let you leave Capryce’s site. The linked sites are not under the control of Capryce and Capryce is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Capryce is not responsible for any other form of transmission received from any linked site. Capryce is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capryce of the site.

Idea Submission Policy

By submitting ideas, suggestions, documents, requests, recommendations, corrections, proposals or other feedback to Capryce or its affiliates, you grant to Capryce a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose and make and incorporate into any of its software. Further, you acknowledge and agree that:

  • (a) your Contributions do not contain confidential or proprietary information;
  • (b) neither Capryce nor any of its affiliates are under any obligation of confidentiality, express or implied, with respect to the Contributions;
  • (c) Capryce its affiliates shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide without any payment, attribution or other obligation;
  • (d) Capryce or its affiliates may have something similar to the Contributions already under consideration or in development; and
  • (e) you are not entitled to any compensation or reimbursement of any kind from Capryce or any of its affiliates under any circumstances.