Terms of Services

Effective date: April 18th, 2024

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1. Introduction


Welcome to ZapCap! By using our services, including our API, you agree to comply with and be bound by these Terms of Service. These terms apply to all users and govern your access to and use of our services, including video editing tools, captioning services, and associated API functionalities.


2. Modifications To Terms


We reserve the right to update or modify these terms at any time without prior notice. Any significant changes will be communicated via email or other appropriate methods. Continued use of the service after any updates constitutes acceptance of the revised terms.


3. Account Registration And Usage


To access ZapCap services, users must create an account using accurate and up-to-date information. You are solely responsible for maintaining the confidentiality of your account and password. You may not share your account with others, and misuse of the account may lead to immediate termination. Usernames that are vulgar, offensive, or infringe on the rights of others are prohibited. ZapCap reserves the right to refuse service, terminate accounts, or remove content in its sole discretion.


4. Signup And Communication


By signing up for ZapCap, you agree to receive important communications, including promotional emails related to ZapCap’s services, updates, and features. You may opt out of non-essential communications at any time by contacting us or following the unsubscribe instructions in our emails. Please note that you cannot opt out of emails related to essential system notifications or account issues.


5. Watermark And Free Plan Usage


If you are using ZapCap under a free plan, you are required to retain the watermark on all videos created through our platform. Any attempt to remove, alter, or cover the watermark is strictly prohibited. Violation of this policy will result in immediate account suspension, and potential legal action. ZapCap reserves the right to issue copyright strikes, report any infringing content, and pursue further legal measures to protect our intellectual property.


6. Subscriptions And No Refund Policy


All subscription purchases are final, and no refunds will be issued for any subscription plans, including monthly and yearly plans. It is your responsibility to cancel your subscription before the next billing cycle if you no longer wish to use the service. If you fail to cancel, your subscription will automatically renew under the same conditions, and no refunds will be given for the renewal.


By completing a purchase through Stripe or any payment platform on zapcap.ai and app.zapcap.ai, you explicitly agree to ZapCap’s Terms of Service, which include our no-refund policy. This agreement is confirmed at checkout, where you acknowledge that all sales are final and you waive the right to request a refund for any reason, including but not limited to unused subscription time, or changes in personal or business circumstances.


By purchasing any subscription or service, you agree to these terms and conditions. ZapCap will take necessary actions to protect against any violations, including disputes or chargebacks initiated after service usage.


7. Fee Changes


ZapCap reserves the right, in its sole discretion, to modify the subscription fees at any time. Any changes will become effective at the end of the current billing cycle. We will notify you of any fee changes with reasonable notice, allowing you time to cancel your subscription if you do not agree with the new fees. Your continued use of the service after the fee change will be considered an acceptance of the new rates.


8. Purchases


When making a purchase on ZapCap, you are required to provide accurate payment information. You represent and warrant that you have the legal right to use any payment method in connection with your purchase and that the information provided is true and correct.


ZapCap reserves the right to refuse or cancel any orders in cases of fraud, payment issues, or if we suspect any misuse of the service. If automatic billing fails to occur for any reason, we will issue an invoice, and you must make the payment within the deadline specified on the invoice.


9. Lifetime Deals And Video Misuse Policy


Lifetime deals offer access to ZapCap services under specific conditions. We reserve the right to terminate or restrict access if we find evidence of misuse, including but not limited to:


  • Mass production of videos for third parties using your account.
  • Producing videos for other users or businesses using your personal account.
  • Engaging in spam or generating harmful content.
  • Using the platform for illegal or unethical activities.
  • Sharing or selling access to your account to others.
  • Using automated tools or bots to artificially increase video production.


Violators will face immediate suspension of their accounts. You may appeal the suspension by contacting ZapCap support, and we will review your case. However, we reserve the right to reject appeals in cases of severe or repeated violations.


10. API Usage License


Permission is granted to download materials (information or software) from ZapCap for as long as your use case requires. This constitutes the grant of a license, not a transfer of title. Under this license, you may not:


  • Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software on ZapCap’s website or API.
  • Remove any copyright or other proprietary notices from the materials.
  • Register more than one API key at any point in time.
  • Mirror the materials on any other server without adding value.
  • Attempt to circumvent any restrictions or limits placed on your ZapCap API key or account.


This license automatically terminates if you violate any of these restrictions. ZapCap may terminate this license at any time, with or without cause, and with or without notice. Provisions related to ownership, warranty disclaimers, indemnity, and limitations of liability survive termination.


11. Data License


ZapCap collects and generates data as part of its services. Third-party content accessed through ZapCap’s API or platform remains the sole responsibility of those who make it available. In some cases, public-domain content may be subject to intellectual property rights. You are responsible for ensuring that your use of any content or data complies with applicable laws.


You may not:


  • Misrepresent the ownership or source of any data.
  • Remove or alter any copyright, trademark, or proprietary notices.
  • Falsify or delete author attributions or other labels of origin.


12. Accuracy Of Materials


The materials appearing on the ZapCap website and Service could include technical, typographical, or photographic errors. ZapCap does not warrant that any of the materials on its website, or returned via the API, are accurate, complete, or current. ZapCap may make changes to the materials contained on its website at any time without notice. However, ZapCap does not make any commitment to update the materials.


13. Refund Policy For API Credits


ZapCap offers refunds for unused API credits only if the request is submitted within 7 calendar days of the initial purchase. After this period, no refunds will be granted.


14. User-Generated Content


You are responsible for the content you upload or create using ZapCap. By uploading or generating content, you warrant that you have the necessary rights to use the content and that it does not infringe on the rights of third parties. ZapCap reserves the right to use, display, and share your content for promotional purposes unless you explicitly opt out.


ZapCap may request verification that you have the legal right to upload or create certain content. If found in violation of intellectual property rights or other legal protections, your content may be removed, and your account may be terminated.


15. Prohibited Uses


You may only use ZapCap for lawful purposes. Prohibited uses include, but are not limited to:


  • Violating national or international laws.
  • Attempting to exploit minors or distribute harmful content.
  • Impersonating another person or entity.
  • Engaging in spam, chain letters, phishing, or malicious activities.
  • Introducing viruses, worms, or other malicious software to the service.
  • Disrupting or overloading the ZapCap network or interfering with others’ use of the service.


16. Indemnification


Both parties agree to defend, indemnify, and hold harmless each other, their respective licensees, and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:


  • Your use of the Service, by you or any person using your account and password.
  • A breach of these Terms by either party.
  • Any content uploaded or created by you that violates the rights of a third party.


Each party shall promptly notify the other in writing of any such claim or suit. The indemnifying party shall have the right to assume control of the defense of any such claim or litigation, and the indemnified party shall provide full cooperation in defending any such claim.


17. Limitations Of Liability


ZapCap will not be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use ZapCap, even if we or an authorized representative has been notified, orally or in writing, of the possibility of such damage. In the context of this agreement, consequential loss includes but is not limited to:


  • Loss of profit, revenue, business, opportunity, or goodwill.
  • Loss or corruption of data.
  • Real or anticipated loss of savings.
  • Any indirect or incidental damages, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.


Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


18. Termination


ZapCap reserves the right to terminate your account or restrict access to services for violations of these terms. For lifetime deal holders, misuse of the service as described in Section 9 will result in immediate suspension or termination.


19. Governing Law


These terms are governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.


20. Severability


If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will continue to be in full force and effect.


21. Customer Data And Privacy


ZapCap collects and processes user data in accordance with our Privacy Policy. Personal information collected will be securely processed and will never be shared or sold to third parties. By using the service, you consent to the collection and use of your data as outlined in the policy.