Terms of Use
Last updated: April 23, 2021
Please read these terms of use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions and a clause that sets forth governing law, jurisdiction, and venue for disputes.
This applies to the terms of use in connection with the provision of services available on www.wearecapto.com website (the “Service”) by: Capto Limited (with its registered office at bul. Alexander Stamboliyski 100, Office 1, Sofia 1303, Bulgaria), referred to as “Capto”, “we”, “our” or “us”.
Welcome to the website of Capto Limited, referenced as “Capto”. Through its network of web properties, Capto provides you with a variety of resources, including information pages, download areas, communication forums, developer tools, and web service APIs (collectively, the “services”). The services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these terms and conditions (the “Terms”).
In addition, when you purchase any Capto product or Capto service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such purchase. When using particular services, users shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are incorporated herein by reference.
This agreement forms the conditions of supply of material on, use of, and access to the services. As these Terms affect your legal rights, please read them carefully. By using the services, you accept and agree to be bound and abide by these Terms, the Capto Intellectual Property Policy, available here and the Capto Privacy Policy, available on the website and incorporated herein by reference. See the Privacy Policy disclosures relating to the collection and use of your information.
Should you object to any of these conditions or any subsequent modifications, your only recourse is to immediately discontinue your use of the services.
You are granted a nonexclusive, non transferable, revocable, limited license to access and use the content and the software for information and other content related to Capto, its products, and its services. You may use the services for purposes expressly permitted by Capto. Any other use, including the reproduction, modification, distribution, transmission, or republication of the content on this site is strictly prohibited, except as expressly permitted in writing by Capto or in these Terms. Should you object to any of these conditions or any subsequent modifications, your only recourse is to immediately discontinue your use of the services.
As a condition of your use of the services, you warrant to Capto that you will not use the services for any purpose that is unlawful or prohibited by these Terms, the Capto Privacy Policy, and the Capto Intellectual Property Policy, and any subsequent notices. You may not use the services in any manner which could damage, overburden, or impair the services or interfere with any other party’s use and enjoyment of the services. You agree to abide by all applicable laws and regulations.
Capto has no obligation to monitor any user’s use of the services, however Capto retains the right at all times to monitor, retain, and disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. You will indemnify Capto if Capto suffers any loss or damage or incurs any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the services.
If you become involved in any violation of system security, Capto reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Capto reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any email messages or publishing or otherwise making available any materials that are believed to violate these Terms.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the services for the reconstruction of any lost data. Capto does not assume responsibility or risk for your use of the Internet.
Your use of this site is at your own risk. The services are provided “as is” and without warranties of any kind, either express or implied. Capto disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Capto does not warrant that the functions or content contained in the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes the services available are free of viruses or other harmful components. Capto does not warrant or make any representation regarding use, or the result of use, of the services in terms of accuracy, reliability, or otherwise. The services may include technical inaccuracies or typographical errors, and Capto may make changes or improvements at any time. You, and not Capto, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage to you or your property arising from the use of the services or content thereon.
No advice or information, whether oral or written, obtained by you from the services or any materials or content available through the services will create any warranty regarding Capto or the services that is not expressly stated in these terms.
Capto, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not in any event be liable for any incidental, indirect, punitive, consequential, special, exemplary, or other damages, including loss of use, data, revenue, or income, pain and suffering, emotional distress, or similar damages, arising out of or in any way connected with the use or performance of the services, with the delay or inability to use the services, the provision of or failure to provide services, or for any information, whether based on contract, tort, negligence, strict liability or otherwise, even if Capto has been informed of the possibility of damages. In all cases, Capto will not be liable for any loss or damage that is not reasonably foreseeable or that arises out of any event beyond its reasonable control.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The material on the services provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. All material on the services is provided in good faith and its use is undertaken at your sole risk.
Intellectual property
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, including the compilation thereof (meaning the collection, arrangement, and assembly), is copyright protected and, except as expressly provided herein or otherwise stated in the services, its use is for your own personal references only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or in part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Capto. You may not use any part of the material on the services to establish, maintain, or provide, or assist in establishing, maintaining, or providing your own publications, Internet site, or other means of distribution.
Pursuant to obligations under the Berne Convention and the Rome Convention, as well as the obligations of the EU and its Member States under the World Trade Organisation ‘TRIPS’ Agreement and the two 1996 World Intellectual Property Organisation (WIPO) Internet Treaties (the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty) should be sent to a Service Provider’s Designated Agent. All inquiries not relevant to the following procedure will not receive a response.
If you believe that your copyrighted material is posted on any of the services without your permission, contact our Copyright Agent with the following information:
- Your mailing address, telephone number, and your e-mail address;
- A description of the copyrighted work that you believe is infringed;
- A description of the material on the services that you believe to be infringing your copyrighted work and its location, with enough detail so that we are able to locate it on the services;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in the notice is accurate, and (b) that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and
- Your physical or electronic signature.
Alexis Chevallot
Chief Executive Officer
Capto Limited
alexis.chevallot@wearecapto.com
There are legal consequences for filing a fraudulent or bad faith copyright take-down notice or counter-notice. Ensure all information to which you are attesting is accurate before submitting it to our Copyright Agent.
The services may contain links to other sites, which are not maintained by, or related to, Capto. Links to such sites are provided as a service to users and are not sponsored by or affiliated with us. Capto has not reviewed any or all of such sites and is not responsible for the content of those sites. Capto is not responsible for webcasting or any other form of transmission received from any linked sites. Links are to be used and third-party sites accessed at the user’s own risk, and Capto makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to the services. Capto provides links as a convenience, and the inclusion of any link to a third-party site does not necessarily imply endorsement by us of that site or any association with its operators.
You may not use, export, re-export, import, or transfer the services except as authorized by European directives, the laws of the jurisdiction in which you obtained the services, and any other applicable laws. You are solely responsible for compliance with all applicable laws, and you will not use the services for any purposes prohibited by European Union or other applicable laws.
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