Capcons

Updated as of 11.10.2022

Capcon, an exciting new platform where you can connect with your friends and family, by allowing you to create your own circle. If you are a content creator, you may also monetize your network, as well as other cool features. The following Terms of Use constitute a legally binding contract (the “Terms”) that govern the Capcons platform which offers membership programs provided by CAPCONS ANALYTICS PRIVATE LIMITED and CAPCONS INC. (“Capcons”, “we”, “our”) to you (“you” or “yours” or "User(s)”)By creating a Capcons account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you accept without modification of all of the terms and conditions contained herein and you agree to be bound also by other policies and procedures, including, without limitation, Privacy Policy and Cookies Policy. Those policies include additional terms and conditions which apply to the Service and are an integral part of these Terms. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND THE TERMS TO BE BOUND BY OUR TERMS OF SERVICE. If you do not agree to these Terms, do not use the Capcons App and/or our website [insert website domain] (the “Site”).

If you use our Service, you are considered a "User".

The Capcons Service

We agree to provide you with the Capcons Service. The Service includes all of the Capcons products, features, applications, services, technologies and software that we provide to advance Capcons’ mission: To bring you closer to your friends and family by creating your own circle.
Creating your own circle will give you the ability to post photos and status updates to your audience, with may include your friends and family, or to other interest-based communities.
A circle has multiple features such as: (i) allowing you to go live and notifying the people in your own circle; (ii) allowing you to offer courses, podcasts, share pictures and videos, run hackathons/content/polls with your circle members. For additional details of how circles work, please visit the products and features provided on the Site and in the Capcons application.
We reserve the right to modify, terminate or otherwise amend our offered features, software, subscription plans and promotional offerings at any time.
Our basic Service does not require payment (“Free Subscription”). To access more additional Services, you will have to pay before you can access them (“Paid Subscription”). Plans of subscriptions together are referred to as “Subscription Plans”, individually each – “Subscription Plan”. At its discretion, Capcons may offer multiple types of Subscription Plans and reserves the right to modify, terminate, or otherwise amend features included in any of the Subscription Plans at any time. For additional details of the Subscription Plans, please visit the products and features provided on the Site and in the Capcons application.

Access and Eligibility

You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:

you are at least 18 years of age;
you can form a binding contract with Capcons;
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition);
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; and
you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

Modifying the Service and Termination

Capcons is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service. Capcons may terminate your account at any time without notice if it believes that you have violated these Terms. Upon such termination, you will not be entitled to any refund for purchases.
For residents of the Republic of Korea, except in the case where we reasonably consider that (i) giving notice is legally prohibited (for instance, when providing notice would either violate applicable laws, regulations, or orders from regulatory authorities or compromise an ongoing investigation conducted by a regulatory authority) or (ii) any notice may cause harm to you, third parties, Capcons, and/or our affiliates (for instance, when providing notice harms the security of the Service), we will without delay notify you of the reason for taking the relevant step.

Safety and Your Interactions with Other Members

Though Capcons strives to encourage a respectful member experience, Capcons is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service. In addition, you agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT CAPCONS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. CAPCONS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.

Community Rules

By using the Service, you agree that you will not:

use the Service for any purpose that is illegal or prohibited by these Terms;
use the Service for any harmful or nefarious purpose;
use the Service in order to damage Capcons;
spam, solicit money from or defraud any members;
impersonate any person or entity or post any images of another person without his or her permission;
bully, "stalk", intimidate, assault, harass, mistreat or defame any person;
post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
post any Content that is hate speech, threatening, sexually explicit or pornographic;
post any Content that incites violence; or contains nudity or graphic or gratuitous violence;
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission;
use another member's account, share an account with another member, or maintain more than one account;
create another account if we have already terminated your account, unless you have our permission.

Capcons reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated these Terms, misused the Service or behaved in a way that Capcons regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

Although Capcons reserves the right to review and remove Content that violates these Terms, such Content is the sole responsibility of the member who posts it, and Capcons cannot guarantee that all Content will comply with these Terms. If you see Content on the Service that violates these Terms, please report it within the Service or via our support e-mail: support@capcons.com.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request within the Service or via our support e-mail: support@capcons.com

If you contact us regarding alleged copyright infringement, please be sure to include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
Your contact information, including address, telephone number, and email address, and the copyright owner’s identity;
A written 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Capcons will terminate the accounts of repeat infringers.

Limitations of Liability

You understand that our Service is provided “as is,” with all faults and without any warranty (express or implied). TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, CONCERNING OUR SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Our liability is limited according to the provisions of these Terms. To the fullest extent permitted by law, you release us from any claims and demands, as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by Capcons of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Capcons (or for which Capcons provides no guarantees) under these Terms, or (b) for which Capcons is otherwise indemnified or released by you under these Terms. Notwithstanding the aforementioned, Capcons’ liability to pay damages for any losses incurred by you as a result of a breach of contract, negligence or other tort committed by Capcons, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of Paid Subscription fees paid under these Terms.
You expressly agree that you assume all risks in connection with your access to and use of Capcons and the Site. Additionally, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of Capcons and the Site.
Capcons and the Site may not be available or appropriate for use in all jurisdictions. By accessing or using Capcons and the Site, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of Capcons and the Site and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.

Third Party Services

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Capcons is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Capcons is not responsible or liable for such third parties' terms or actions.

Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold Capcons harmless from any claim or demand made by any third, as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by Capcons, relating to or arising out of (a) your breach of these Terms, (b) your use (or misuse) of our Service, or (c) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense. However, we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Governing Law and Dispute Resolution

These Terms, and all disputes and claims arising out of or in connection with these Terms or its subject matter or formation, including non-contractual disputes and claims, are governed by the laws of India without regard to its conflict of laws rules. These laws will apply no matter where you live or are located in the world. Notwithstanding the aforementioned, nothing in these Terms, including the aforementioned choice of law provision, affects your rights as a User to rely on any mandatory provisions of the country's law in which you are resident.
You and Capcons: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the Services and the site or any other disputes with Capcons (collectively, “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and Capcons agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).
You and Capcons agree that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Capcons agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You agree that will notify Capcons, in writing, of any Dispute within thirty (30) days of when it arises so that you and Capcons can attempt, in good faith, to resolve the Dispute informally. Notice to Capcons shall be provided by sending an email to support@capcons.com. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and Capcons cannot resolve the Dispute within thirty (30) days of Capcons receiving the notice, either you or Capcons may, as appropriate pursuant to this section, commence an arbitration proceeding. You and Capcons agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and Capcons agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).

General

For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of India will apply to any disputes arising out of or relating to these Terms or the Service. Notwithstanding the foregoing, the Disputes in Section 15 above shall be governed by the laws of India. For the avoidance of doubt, the choice of India governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating these Terms, to the Service, or to your relationship with Capcons that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of India. You and Capcons consent to the exercise of personal jurisdiction of courts in India and waive any claim that such courts constitute an inconvenient forum.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. We may assign these Terms upon notice to you at our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of such a section. Our failure to act concerning a breach by you or others does not waive our right to bear concerning subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
Capcons collects processes and/or shares personal data with third parties in accordance with its Privacy Policy and all the applicable laws and regulations regarding personal data processing and protection.
Capcons reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective and shall be deemed accepted by you, the first time you use or access the Service after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of the Service including any transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.
These Terms (and any additional terms, rules and conditions of participation that may be posted on the Site) including the Privacy Policy constitute the entire agreement with respect to the Service and supersedes any prior agreements, oral or written.

Terms and conditions