Terms of Service for Capturi

Terms of Service

These Terms of Use (“Terms”) govern your use of Capturi (the “Application”).

You must accept these Terms to use the Application.

The Application is provided by Capturi, a limited liability company incorporated under the laws of Denmark with company reg. no. 37098922.

Eligibility
You may only use the Application, if you are over 18 years old.

Terms may change
These Terms may change from time to time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms in the Application. We will notify you through the Application, if we make a modification to the Terms that we believe materially changes your rights. When you use the Application after a modification is notified, you are deemed to have accepted the modified terms.

Privacy policy
The Application collects data on its use and the environment it is placed in. These data may refer to an identified or identifiable natural person and may thus be considered personal data. Any handling or storage of personal data must comply with the current legislation regarding the handling of personal data and the license holder is directly responsible for complying with this legislation. Capturi encourages you to seek further information about the rules and principles for handling personal data before using the Application.

Any information we may collect through your use of the Application is subject to Capturi’s End-User License Agreement which by this reference is an integral part of these Terms. Please read it carefully. 

Capturi emphasizes that it – in some cases - constitutes a criminal offence to record a person without their prior consent.

Order of Precedence
If there are any conflict between these Terms and End-User License Agreement, then the specific agreement takes precedence prior to these Terms.

Your right to use the Application
Capturi grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Application for its intended use and as authorized in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Capturi or its licensors, except for the licenses and rights expressly granted in these Terms.

No ownership or title of right to any intellectual property right is transferred to you. Any software and other intellectual property right is only licensed for use in accordance with these Terms. Thus, any use not explicitly granted by these Terms are prohibited and considered an infringement of our rights.

If you're using the Application for an organization, you're agreeing to these Terms on behalf of that organization.

Changes to the Application and availability
Capturi may change or discontinue, temporarily or permanently, any feature or component of the Application at any time and without notice. We will use commercially reasonable efforts to make the Application available at all times, except for planned downtime and any unavailability caused by external events, incl. force majeure circumstances, and to provide the Application in accordance with applicable laws and government regulations.

Notwithstanding the foregoing, the Application is provided “as is” without warranty of any kind. We do not warrant that the Application will be error-free or that the Application will work with-out minor interruptions. We are not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of our Application.

Consent from the participants 
The Customer is obligated to obtain consent from any meeting participants prior to the use of the Solution.

The meeting participant’s consent must be informed, specific and unambiguously and must be given voluntarily. Furthermore, the participants must be informed of the parts of the meeting which will be recorded by using the Solution and who has access to the material after the meeting. 

The Customer is liable to Capturi for any claims arising from unauthorized recordings if the Customer has not obtained a sufficient consent from the meeting participants prior to the use of the Solution.

In case of disputes arising between the Customer and the meeting participants in relation to a meeting recorded by using the Solution, Capturi is under no obligation to become part of or otherwise involved in the dispute but reserves the right to monitor and take over any such disputes.

Responsibility for the content of the recordings
The Customer and the meeting participants are solely responsible for the content of the meetings recorded by using the Solution. The same applies to any unintelligible content of such meetings and the quality of the meeting data that Capturi attempts to convert to intelligible information in order for such content to be searchable by using the Solution.

The Customer and the meeting participants are solely responsible for any commands to the Solution, including which parts of the meeting discussions that is recorded and which parts of the meeting discussions that is excluded from recording.

Capturi is not responsible for the content of the recordings conducted by using the Solution, including recordings of content which consist of information related to the meeting participants’ privacy. 

The Solution may not be used for recording content that is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, libelous or in any other way involves privacy or security risks, is hateful racially or ethnically or otherwise is unethical or objectionable or in other ways are incompatible with the perceptions among the society, violates any obligations by applicable law or contract with employer or third party to safeguard confidential information, or infringes any intellectual property or other proprietary rights of any party,

The Customer may not use the Solution for recording content from anyone under the age of 18.

Capturi reserves the right to investigate the content of any recordings made by using the Solution in order to confirm whether the content violates the terms in this Agreement.

If the content constitutes a violation of the terms in this Agreement, Capturi is entitled to delete the content.

If the content is unlawful or of criminal nature or involves privacy or security risks, Capturi is entitled to report the content to the police or other authorities.

Termination and cancellation
If you violate these Terms, we reserve the right to terminate these Terms, at our sole discretion, at any time and without notice or liability to you.

You may terminate your use of the Application at any time by deleting your account. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

Disclaimers
AS THE APPLICATION IS PROVIDED “AS IS,”, WE PROVIDE NO WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We make no warranty that the Application will be available on an uninterrupted, secure, or error-free basis.

Limitation of liability
IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITING THE FORESAID, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN LIMITATION OF LIABILITY AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE LIABILITIES SPECIFIED ARE LIMITED.

IN NO EVENT, SHALL OUR TOTAL LIABILITY TOWARDS YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED DKK 500.

Survives termination: Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Dispute resolution
To the extent permitted by applicable laws, these Terms, the Application and any resolution of a dispute shall be governed by and construed in accordance with the laws of Denmark without regard to its conflict of laws principles.