Last Updated: August 25, 2025

Welcome to Capture Journals (“Capture,” “App,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our mobile applications, websites, and related services (collectively, the “Services”). By creating an account, downloading, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Summary (not a substitute for the Terms): Capture helps you record and organize thoughts from handwriting (OCR), voice, and text; some features may be AI‑assisted and optional. You own your content; we need limited rights to store and process it to run the Services. The Services are provided as‑is with no professional advice. Subscriptions auto‑renew unless you cancel in your app‑store account. Please make your own backups.

1) Eligibility

You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Services. If you are under 18, you represent that you have consent from a parent or legal guardian. You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations.

2) Accounts & Security

• You are responsible for your account credentials and all activity under your account.

• Provide accurate, current information and keep it updated.

• Notify us immediately at support@capturejournals.com of any unauthorized use or suspected breach.

• We may refuse, reclaim, or require you to change any username that violates these Terms.

  
  

3) Subscriptions, Billing & Trials

Certain features require a paid subscription. - Billing Source. Purchases are processed by Apple App Store / Google Play (the “App Stores”). Their terms and policies govern payments, renewals, and refunds. - Auto‑Renewal. Subscriptions renew automatically at the then‑current price unless you cancel at least 24 hours before the end of the billing period in your App Store account settings. - Free Trials. If offered, trials convert to paid subscriptions unless canceled before the trial ends. Eligibility may be limited. - Price Changes. We may change prices or introduce charges for features, subject to App Store procedures. If required, you’ll receive notice via the App Store. - Taxes. Prices may exclude taxes and fees imposed by your jurisdiction.

4) Third‑Party Services & App Stores

The Services may link to or rely on third‑party products (e.g., cloud services, speech‑to‑text, OCR, and AI providers). We do not control or endorse third‑party services and are not responsible for their content, policies, or practices. Your use of third‑party services is governed by their terms.

Apple‑Specific Terms. To the extent you access the App via iOS: (a) these Terms are between you and Capture, not Apple; (b) Apple has no responsibility for the App or its content; (c) Apple has no obligation to furnish maintenance or support; (d) to the maximum extent permitted by law, Apple has no warranty obligation; and (e) Apple and its subsidiaries are third‑party beneficiaries of these Terms and may enforce them.

5) License to You; Ownership of the Services

Subject to your compliance with these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to install and use the App on devices you own or control, solely for personal, non‑commercial use. We (and our licensors) own all rights in the Services, including software, interfaces, designs, and content. We reserve all rights not expressly granted.

6) Your Content; Limited License to Capture

You retain ownership of any text, images, audio, or other materials you submit (“User Content”). To operate the Services, you grant Capture a worldwide, non‑exclusive, royalty‑free license to host, store, cache, reproduce, process, and display your User Content solely to: (i) provide, maintain, and improve the Services; (ii) troubleshoot, secure, and prevent abuse; and (iii) comply with law. We do not sell your User Content.

• AI/Insights Features (Optional). If you enable AI‑assisted features (e.g., pattern detection, dream symbol insights), you authorize Capture and its processors to analyze your User Content to generate outputs for you. We do not use your User Content to train public models. Some features may require transmitting content to third‑party processors subject to Section 4.

• De‑Identified Data. We may create and use de‑identified or aggregated data derived from the Services (which does not reasonably identify you) for analytics, quality, and product improvement.

• Backups. We encourage you to export or back up your entries. The Services are not an archival or records‑retention system.

  
  

7) Acceptable Use

You agree not to (and not to enable others to): - Violate laws or infringe any rights (including privacy, publicity, or IP rights). - Upload content that is unlawful, harassing, hateful, defamatory, pornographic involving minors, exploitative, or otherwise objectionable. - Upload malware, interfere with the Services, or attempt to bypass security or rate limits. - Reverse engineer, decompile, or create derivative works from the Services except to the limited extent allowed by law. - Use the Services to provide a competing product or to benchmark for competitive purposes without our written consent. - Misuse QR/NFC linking or attempt to access paid‑only features you did not purchase or unlock.

We may remove content or suspend accounts in our reasonable discretion for violations.

8) Intellectual Property; Feedback

We respect IP rights and expect you to do the same. You must have rights to all User Content you submit. If you provide ideas or suggestions (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use the Feedback without restriction or compensation.

9) Beta, Early Access & Experimental Features

From time to time, we may offer pre‑release, beta, or experimental features (including OCR, voice, AI, or journal linking). These may be incomplete, change at any time, or be discontinued. They are provided as‑is and may be subject to additional terms.

10) Privacy

Our collection and use of personal information is described in our Privacy Policy (incorporated by reference). Please review it carefully. For privacy inquiries or data subject requests, contact privacy@capturejournals.com.

11) No Professional Advice

The Services may surface reflections, insights, or wellness‑related outputs. We do not provide medical, psychological, legal, or financial advice. The Services are not a medical device, and they are not intended to diagnose, treat, cure, or prevent any condition. Always seek professional advice when appropriate.

12) Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPTURE AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT CONTENT WILL BE ACCURATE OR PRESERVED WITHOUT LOSS.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAPTURE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF US $50 OR THE AMOUNTS YOU PAID TO CAPTURE FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Some jurisdictions do not allow certain limitations; some rights may remain available to you.

14) Indemnification

You agree to defend, indemnify, and hold harmless Capture and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use or misuse of the Services; (c) your violation of these Terms; or (d) your violation of any law or third‑party right.

15) Termination & Suspension

We may suspend or terminate your access immediately (with or without notice) if we reasonably believe you violated these Terms or pose a risk to the Services or users. You may stop using the Services at any time. Upon termination, your license ends and you must cease use. We may retain certain information as required by law or for legitimate business purposes consistent with our Privacy Policy.

16) DMCA / Copyright Policy

We respect copyright law and respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). To submit a notice or counter‑notice, contact legal@capturejournals.com with the information required by the DMCA. We may, in appropriate circumstances, disable or terminate repeat infringers.

17) Dispute Resolution; Arbitration; Class‑Action Waiver

Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by emailing legal@capturejournals.com with “Dispute Notice” and a description of the issue. If not resolved within 30 days, either party may proceed as below.

Binding Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by JAMS under its Streamlined Rules. Location: Fulton County, Georgia, U.S., or remote video at either party’s request. Governing law: Section 18. The arbitrator may award individual relief only.

Class‑Action/Jury Waiver. You and Capture agree that each may bring claims only in your or its individual capacity, not as a plaintiff or class member in any class or representative proceeding. You waive any right to a jury trial.

Small‑Claims Option. Either party may bring an individual action in small‑claims court in Fulton County, Georgia instead of arbitration.

30‑Day Opt‑Out. You may opt out of arbitration by sending written notice to legal@capturejournals.com within 30 days of first accepting these Terms.

18) Governing Law & Venue

These Terms are governed by the laws of Georgia, U.S., without regard to its conflicts of law principles. Subject to Section 17, the exclusive jurisdiction and venue for any action not subject to arbitration will be the state or federal courts located in Fulton County, Georgia, and you consent to personal jurisdiction there.

19) Export & Sanctions Compliance

You may not use or export the Services in violation of U.S. export laws and regulations or other applicable sanctions or embargoes. You represent that you are not located in, under control of, or a national or resident of any prohibited country or on any denied‑party list.

20) Changes to the Services or Terms

We may modify or discontinue features at any time. We may update these Terms; when we do, we will revise the “Last Updated” date and, if required by law, provide additional notice. Your continued use after changes become effective constitutes acceptance.

21) Electronic Communications; Notices

You consent to receive communications electronically. We may provide notices by email, in‑app messages, or posting within the Services. Notices to us must be sent to support@capturejournals.com (and for legal notices, legal@capturejournals.com).

22) Miscellaneous

• Entire Agreement. These Terms (and any referenced policies) are the entire agreement between you and Capture.

• Severability. If any provision is unenforceable, the rest remain in effect.

• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

• No Waiver. Failure to enforce a provision is not a waiver.

• Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

  
  

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