Terms of Use

By downloading, accessing or using Capture ("the Service"), you confirm that:

• You have capacity to enter into and be bound by these Terms of Use;
• If acting on behalf of a child, you are the child's parent or legal guardian; and
• You will comply with all applicable laws.

Capture is a family task management application that helps families organize activities, tasks, and events. The Service includes:

• Task and event creation and management;
• AI-powered extraction of tasks from images and emails;
• Family sharing and collaboration features;
• Notifications and reminders; and
• Calendar sync with Google Calendar and Apple Calendar.

Certain features of the Service rely on artificial intelligence, third-party integrations and automated processing technologies.

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete information;
• Maintain the security of your personal mobile number or email address, which will receive one-time passwords (OTP) from Capture for sign-in;
• Accept responsibility for all activities under your account; and
• Notify us immediately of any unauthorised use.

You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You must immediately notify us of any unauthorised access or security breach. We may suspend or terminate accounts where we reasonably suspect fraudulent, unlawful or abusive conduct.

Child accounts may only be created and managed by a parent or legal guardian.

By creating a child account, you represent and warrant that:

• You are legally authorised to provide the child's information;
• You consent to the child's use of the Service; and
• You accept responsibility for the child's use of the Service.

We reserve the right to suspend or remove child accounts where we reasonably believe the account breaches applicable laws or these Terms.

You agree not to:

• Use the Service for any unlawful purpose;
• Upload content that infringes on intellectual property rights;
• Attempt to gain unauthorized access to our systems;
• Interfere with the proper functioning of the Service;
• Use automated means to access the Service without permission;
• Upload malicious content or code;
• Upload or transmit unlawful, defamatory, offensive or harmful content;
• Upload content containing viruses, malware or malicious code;
• Infringe the privacy or confidentiality rights of others;
• Upload information relating to third parties without appropriate authority;
• Use the Service to harass, abuse or endanger others;
• Attempt to reverse engineer, decompile or interfere with the Service; and
• Use the Service for commercial resale without written consent.

You retain ownership of content you upload to Capture.

By uploading content, you grant us a worldwide, non-exclusive license to host, use, store, reproduce, process and transmit that content solely for the purpose of operating, improving and providing the Service.

You represent and warrant that:

• You own or control the necessary rights to uploaded content;
• You have authority to provide any personal information contained in uploaded content; and
• Your content does not infringe any third-party rights or applicable laws.

We may remove content that violates these Terms or applicable laws.

When you connect third-party services such as Google Calendar and Apple Calendar, your use of those services is also subject to their respective terms of service and privacy policies.

You acknowledge that information shared within family groups may be visible to invited family members.

When you invite family members to your family group, you authorise sharing of tasks and activities with those members. You are responsible for managing permissions and access within your family group.

The Service uses artificial intelligence and automated technologies to assist with extraction of tasks, reminders, events and related information from images, emails, voice recordings and text.

Our AI features extract tasks and events from images, emails and text. While we strive for accuracy, AI-generated content may contain inaccuracies, omissions or errors. You are responsible for reviewing and verifying all extracted information before relying on it.

• We do not guarantee the completeness, accuracy or suitability of AI-generated outputs.
• You acknowledge that content submitted to AI processing systems may be transmitted to third-party AI providers.
• You must not submit unlawful, infringing, confidential or highly sensitive information unless authorised to do so.

Some features may require a paid subscription.

Subscription terms, pricing, and billing cycles will be disclosed at the time of purchase. We may change subscription pricing or features on reasonable notice.

For the Apple application, subscriptions are processed and managed through Apple. To cancel, open the Settings app on your iPhone, tap your Apple ID, select Subscriptions, find Capture, and tap Cancel Subscription.

App store providers may impose additional terms and conditions relating to billing and subscriptions. Subscription fees are non-refundable except as required by applicable law.

If you download the Service through the Apple App Store or Google Play Store, you acknowledge that:

• these Terms are between you and Capture, not Apple or Google;
• Apple and Google are not responsible for the Service;
• Your use of the Service must comply with applicable app store usage rules; and
• Apple and Google are third-party beneficiaries of these Terms where applicable.

The Service and its original content, features, and functionality are owned by Capture and are protected by international copyright, trademark, and other intellectual property laws.

Except for user content, all intellectual property rights in the Service, including software, branding, designs, functionality and content, are owned by or licensed to Capture.

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free;
• Extracted information will be accurate or complete; or
• The Service will meet all user requirements.

You are responsible for independently verifying all tasks, reminders, dates and calendar events.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee or statutory right that cannot lawfully be excluded.

To the maximum extent permitted by law:

• We exclude all liability for indirect, incidental or consequential, special or punitive loss;
• We are not liable for loss of data, loss of profits, business interruption or missed deadlines; and
• Our total aggregate liability arising out of or relating to the Service will not exceed the amount paid by you to us in the 12 months preceding the claim.

Where liability cannot lawfully be excluded, our liability is limited to resupplying the relevant services or paying the cost of having the services resupplied.

You indemnify and hold harmless Capture and its officers, employees and contractors from and against claims, liabilities, damages, losses and expenses arising out of:

• Your breach of these Terms;
• Your misuse of the Service;
• Your uploaded content; and/or
• Your violation of any law or third-party rights.

We may suspend, restrict or terminate access to the Service immediately where reasonably necessary for violations of these Terms and to protect the Service, other users or comply with legal obligations.

You may delete your account at any time through the Capture application settings.

Upon termination, your right to use the Service will cease immediately.

The Service may integrate with third-party platforms and services.

We are not responsible for the availability, functionality, security or performance of third-party services.

We are not liable for delay or failure to perform obligations caused by events outside our reasonable control.

We reserve the right to modify these Terms at any time. We will notify users of significant changes. Continued use of the Service after changes constitutes acceptance of the new Terms.

Material changes may be notified through the app, website or by email.

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts hearing appeals from those courts.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

These Terms constitute the entire agreement between you and Capture regarding use of the Service.

Clauses relating to intellectual property, disclaimers, limitation of liability, indemnities and dispute resolution survive termination of these Terms.

For questions about these Terms, contact us at:

Email: support@capturefamilyhub.com