Terms of Service

Terms ofService

Please read these terms carefully before using our services.

šŸ“…Last updated: December 2024

1. Acceptance of Terms

By accessing and using CaptionFuel (ā€œthe Serviceā€), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

CaptionFuel is an AI-powered social media caption generation service that provides:

  • Automated caption generation for social media posts
  • Hashtag suggestions and optimization
  • Content customization based on brand preferences
  • Usage analytics and tracking
  • Account management and settings

3. User Accounts

3.1 Account Creation

To use our services, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your account credentials secure
  • Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Generate content that is harmful, offensive, or inappropriate
  • Use the Service to spam or harass others

5. Subscription and Payment

5.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Subscription details and pricing are available on our website.

5.2 Payment Terms

By subscribing to a paid plan, you agree to:

  • Pay all fees in advance
  • Provide accurate billing information
  • Authorize recurring charges for subscription renewals
  • Pay any applicable taxes

5.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you create using our Service. By using our Service, you grant us a license to:

  • Process and generate content based on your inputs
  • Store and backup your content
  • Use your content to improve our services

6.2 Our Content

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

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Service Availability and Features

We strive to provide reliable service but cannot guarantee:

  • Uninterrupted or error-free service
  • Specific response times or availability
  • Compatibility with all devices or browsers
  • Accuracy of generated content
  • Availability of all advertised features at all times
  • That features will not be removed, modified, or changed
  • That missing or incomplete features will be added

Feature Availability: Features may be missing, incomplete, experimental, or subject to change without notice. We do not guarantee that all features will be available, functional, or meet your specific requirements. Some features may be in beta or testing phases and may contain errors or limitations.

9. AI-Generated Content Disclaimers

Important: The Service uses artificial intelligence to generate content. You acknowledge and agree that:

  • AI-generated content may contain errors, inaccuracies, or false information
  • AI-generated content may not be factually correct or appropriate for your intended use
  • You are solely responsible for reviewing, fact-checking, and verifying all AI-generated content before use
  • AI models may exhibit biases, generate offensive content, or produce results that do not meet your expectations
  • We do not guarantee the accuracy, completeness, or quality of AI-generated content
  • AI-generated content is not professional advice (legal, medical, financial, etc.)
  • You assume all risks associated with using AI-generated content

No Liability for AI Content: CaptionFuel shall not be liable for any damages, losses, or claims arising from your use of AI-generated content, including but not limited to: defamation, copyright infringement, privacy violations, business losses, or any other harm resulting from AI-generated content.

10. Third-Party Services and Data

The Service relies on third-party services and data sources, including but not limited to:

  • AI model providers (OpenRouter, OpenAI, Anthropic, DeepSeek, etc.)
  • Payment processors (Stripe)
  • Database and hosting services (Supabase, Vercel)
  • Platform insights APIs (RapidAPI, various social media APIs)
  • Email services (Resend)

Third-Party Disclaimers: We are not responsible for the availability, accuracy, or reliability of third-party services or data. We do not guarantee that third-party services will be available, accurate, or free from errors. We are not liable for any issues, outages, or problems with third-party services. Platform insights data may be inaccurate, outdated, incomplete, or unavailable. We do not guarantee the accuracy of trending data, hashtag suggestions, or platform insights.

11. Limitation of Liability

To the maximum extent permitted by law, CaptionFuel, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, data, or business opportunities
  • Loss of goodwill or reputation
  • Costs of substitute services
  • Damages resulting from missing features, incomplete features, or feature changes
  • Damages resulting from AI-generated content errors or inaccuracies
  • Damages resulting from third-party service failures or data inaccuracies
  • Damages resulting from service interruptions or unavailability
  • Any other damages arising from your use or inability to use the Service

Maximum Liability: Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater. This limitation applies regardless of the legal theory on which the claim is based.

12. Disclaimers

The Service is provided ā€œas isā€ and ā€œas availableā€ without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties that the Service will meet your specific requirements
  • Warranties regarding the accuracy, reliability, or quality of generated content
  • Warranties that the Service will be uninterrupted, error-free, or secure
  • Warranties that all features will be available or functional
  • Warranties regarding the accuracy of platform insights or trending data
  • Warranties that the Service will be free from viruses, malware, or harmful code
  • Warranties regarding third-party services or data

No Professional Advice: The Service provides AI-generated content for informational and creative purposes only. The Service does not provide professional advice (legal, medical, financial, tax, or otherwise). You should consult with qualified professionals for advice specific to your situation.

13. Indemnification

You agree to indemnify, defend, and hold harmless CaptionFuel and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your use of AI-generated content
  • Any content you create, post, or share using the Service
  • Your infringement of any intellectual property or other rights of any person or entity

14. Force Majeure

CaptionFuel shall not be liable for any failure or delay in performance under these Terms which is due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network or internet failures, third-party service failures, strikes, shortages of transportation facilities, fuel, energy, labor, or materials, or any other causes beyond our reasonable control.

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination:

  • Your right to use the Service will cease immediately
  • We may delete your account and associated data
  • You will not be entitled to any refund of prepaid fees

16. Limitation Period

You agree that any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

17. Class Action Waiver

You agree that any disputes arising from these Terms or your use of the Service will be resolved individually, without resort to any form of class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against CaptionFuel.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Your Jurisdiction], and you hereby consent to the personal jurisdiction and venue therein.

19. Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@captionfuel.com. If we cannot resolve the dispute within 60 days, you agree to resolve any disputes through binding arbitration rather than in court, except for:

  • Small claims court cases
  • Cases seeking injunctive relief
  • Cases involving intellectual property disputes

Arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) or similar arbitration organization. The arbitration will be conducted in [Your Jurisdiction] and will be conducted in English. You waive any right to a jury trial.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CaptionFuel regarding the Service and supersede all prior agreements and understandings, whether written or oral, relating to the Service.

22. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the new Terms on this page and updating the ā€œLast updatedā€ date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

23. Waiver

The failure of CaptionFuel to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of CaptionFuel.

24. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder without your consent.

25. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: support@captionfuel.com

We will respond to your inquiry within 30 days.