Terms of Service for Recapture

1. Agreement to Terms

Welcome to Recapture! These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Recapture ("Company," "we," "us," or "our") governing your access to and use of the Recapture mobile application ("App," "Service").

By downloading, installing, accessing, or using Recapture, 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 use the App.

2. Eligibility

2.1 Age Requirement

You must be at least 13 years old to use Recapture. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use the App and they must agree to these Terms on your behalf.

2.2 Account Responsibility

By creating an account, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You will maintain the accuracy of such information
• You have the legal capacity to enter into this Agreement
• You are not prohibited from using the App under applicable laws

3. Account Registration and Security

3.1 Account Creation

To access certain features of Recapture, you must create an account by providing:

• A valid email address
• A secure password
• Your name and optional profile information

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

3.3 Account Restrictions

You may not:

• Create more than one account per person
• Share your account credentials with others
• Use another person's account without permission
• Create accounts through automated means or false pretenses

4. Groups and Social Features

4.1 Creating and Joining Groups

Recapture allows you to:

• Create private groups for sharing content with selected members
• Join existing groups via invite codes
• Invite others to join your groups

4.2 Group Responsibilities

When creating or administering a group, you agree to:

• Ensure all members consent to being part of the group
• Moderate content shared within your group
• Remove members who violate these Terms
• Not use groups for illegal or harmful purposes

4.3 Group Member Conduct

As a group member, you agree to:

• Respect the privacy of other group members
• Not share group content outside the group without consent
• Follow any additional rules set by group administrators
• Report violations of these Terms to group admins or to us

5. User Content

5.1 Definition

"User Content" includes all content you create, upload, share, or transmit through Recapture, including but not limited to:

• Photos and videos
• Text messages and voice messages
• Recipes, events, todos, and meetups
• Albums and collections
• Profile information
• Location data you choose to share

5.2 Ownership

You retain ownership of all User Content you create. By posting User Content, you grant Recapture a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of operating and providing the Service.

5.3 Content Responsibility

You are solely responsible for your User Content and represent that:

• You own or have the necessary rights to share the content
• The content does not infringe on any third party's rights
• The content complies with these Terms and applicable laws
• The content is accurate (for factual claims)

5.4 Content Removal

We reserve the right to remove any User Content that violates these Terms, without prior notice. You may delete your own content at any time through the App.

6. Prohibited Conduct

6.1 You agree NOT to:

Illegal Activities

• Use the App for any unlawful purpose
• Violate any local, state, national, or international law
• Engage in fraud, money laundering, or other financial crimes
• Distribute illegal content or materials

Harmful Content

• Post content that is defamatory, obscene, or pornographic
• Share content depicting violence, abuse, or self-harm
• Distribute malware, viruses, or malicious code
• Engage in or promote harassment, bullying, or hate speech

Privacy Violations

• Share others' personal information without consent
• Stalk, harass, or intimidate other users
• Record or share private conversations without consent
• Attempt to access other users' accounts

Platform Abuse

• Interfere with or disrupt the App's functionality
• Circumvent security measures or access restrictions
• Use automated systems (bots, scrapers) to access the App
• Reverse engineer, decompile, or disassemble the App
• Create derivative works based on the App

Spam and Manipulation

• Send unsolicited messages or promotions
• Create fake accounts or impersonate others
• Artificially inflate engagement metrics
• Manipulate features for unintended purposes

Commercial Misuse

• Use the App for unauthorized commercial purposes
• Sell, resell, or exploit the Service without permission
• Advertise products or services without authorization

7. Intellectual Property

7.1 Our Intellectual Property

Recapture and its original content, features, and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes:

• The App's design, layout, and user interface
• Logos, trademarks, and brand elements
• Software code and algorithms
• Documentation and marketing materials

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal device
• Use the App for personal, non-commercial purposes
• Access features according to your subscription level

7.3 Restrictions

You may not:

• Copy, modify, or distribute the App or its content
• Remove any copyright or proprietary notices
• Use our trademarks without written permission
• Create competing products using our intellectual property

7.4 Feedback

Any feedback, suggestions, or ideas you provide about the App may be used by us without obligation to you.

8. Subscriptions and Payments

8.1 Free and Premium Features

Recapture offers both free features and premium subscription plans. Premium features may include additional storage, advanced functionality, or enhanced capabilities.

8.2 Subscription Terms

If you purchase a subscription:

• Payment will be charged to your App Store or Play Store account
• Subscriptions automatically renew unless canceled
• You must cancel at least 24 hours before the renewal date
• No refunds for partial subscription periods

8.3 Price Changes

We may change subscription prices at any time. Price changes will:

• Take effect at the start of your next billing cycle
• Be communicated in advance via the App or email
• Not affect your current active subscription period

8.4 Payment Processing

Payments are processed by Apple (App Store) or Google (Play Store) through RevenueCat. We do not directly collect or store your payment information.

9. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Recapture, you consent to our data practices as described in the Privacy Policy.

10. Third-Party Services

10.1 Integration

Recapture may integrate with or contain links to third-party services, including:

• Cloud storage providers
• Authentication services
• Payment processors
• Map and location services

10.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services, content, or practices.

10.3 No Endorsement

The inclusion of third-party services does not imply endorsement or affiliation with those services.

11. Disclaimers

11.1 "As Is" Basis

RECAPTURE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability
• Uninterrupted or error-free operation

11.2 No Guarantee

We do not guarantee that:

• The App will meet your specific requirements
• The App will be available at all times
• Results obtained will be accurate or reliable
• Errors or defects will be corrected
• The App is free of viruses or harmful components

11.3 User Content Disclaimer

We do not endorse, verify, or guarantee any User Content. You acknowledge that you may be exposed to content that is offensive, inaccurate, or objectionable.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECAPTURE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruption or computer damage
• Any damages exceeding the amount you paid us in the past 12 months (or $100 if you haven't made any payments)

12.2 Basis of the Bargain

You acknowledge that we have set our prices and entered into this Agreement in reliance upon these limitations of liability.

12.3 Essential Purpose

These limitations apply even if any limited remedy fails of its essential purpose.

13. Indemnification

You agree to indemnify, defend, and hold harmless Recapture and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: your use of the App; your User Content; your violation of these Terms; your violation of any third-party rights; your violation of applicable laws.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through the App settings
• Contacting our support team
• Uninstalling the App (note: this alone does not delete your account)

14.2 Termination by Us

We may suspend or terminate your access immediately, without notice, if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Create risk or legal exposure for us
• Become subject to legal restrictions

14.3 Effect of Termination

Upon termination:

• Your license to use the App ceases immediately
• You remain responsible for all prior activity
• Provisions that should survive (indemnification, limitation of liability, etc.) will continue to apply
• We may delete your data in accordance with our Privacy Policy

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal legal action, you agree to contact us first and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration Agreement

Any dispute not resolved informally shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if eligible.

15.3 Class Action Waiver

YOU AND RECAPTURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Governing Law

These Terms shall be governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

16. Changes to Terms

16.1 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms in the App
• Sending a notification to your registered email
• Displaying a prominent notice within the App

16.2 Acceptance

Your continued use of Recapture after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App.

17. General Provisions

• 17.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Recapture regarding the App.
• 17.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• 17.3 Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• 17.4 Assignment: You may not assign or transfer your rights under these Terms without our consent. We may assign our rights freely.
• 17.5 No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
• 17.6 Force Majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.
• 17.7 Headings: Section headings are for convenience only and have no legal effect.

18. Apple App Store Additional Terms

If you download Recapture from the Apple App Store, you also agree that:

• These Terms are between you and Recapture, not Apple
• Apple has no obligation to provide maintenance or support
• Apple is not responsible for addressing any claims or third-party IP infringement
• Apple is a third-party beneficiary of these Terms

19. Google Play Store Additional Terms

If you download Recapture from Google Play, you also agree to comply with Google Play's Terms of Service in addition to these Terms.

20. Contact Information

If you have questions about these Terms of Service, please contact us:

Email: legal@recapture.app

Support: support@recapture.app

21. Summary of Key Points

BY USING RECAPTURE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.