General terms and conditions

Minimum age

The Services may only be used by persons 16 years of age or older.

About these terms of use

Please read these Terms of Use carefully. By using the Services, you agree to be bound by these Terms of Use.

If the Services include, are used in conjunction with, or are integrated with third-party services, the terms and conditions, illegal content reporting and removal policies, and privacy and cookie policies of such third-party service providers may also apply in addition to these Terms of Use. If you are using the Services on behalf of your employer or other organization, you agree to be bound by the terms and conditions of such organization and represent that you have the appropriate authority to do so. Capty.io is in no way liable for any third party services, terms or policies.

Capty.io may amend these Terms of Use from time to time. The amended Terms of Use shall be effective as of the posting of the amended Terms of Use on one or more of the Sites or as of a later date specified in the amended Terms of Use. Therefore, we recommend that you read the Terms of Use periodically to take notice of any changes. By continuing to use the Services, you agree to be bound by the amended Terms of Use. In the event of material changes to the Terms of Use, you will be notified in advance while using the Services. If you do not agree to any change, you may refrain from further use of our Services.

Our services

With Capty.io you can record a video of your screen with your interactions and sound. Then you can upload the video to our server and send it via a link and share it.

Videos can be recorded with a limit of 30 minutes and will be stored on our server for a maximum of 7 days. After the 7 days, the content can no longer be downloaded.

After 7 days the uploaded files will be irrevocably deleted by Capty.io. The files in question are then no longer available or retrievable.

The basic functions of Capty.io are (currently) neither subject to registration nor payment.

Capty.io keeps all content confidential and does not influence the use of download links. Recipients may share the links and allow others to use them. You are solely responsible for the content you upload and share.

Content ownership, permissions, and responsibility

Capty.io does not claim ownership of any Content created, used, stored or shared by you through the Services, and you are solely responsible for such Content. You are also solely responsible for ensuring that it is shared with the correct recipients. Any damages related to the Content will be the sole responsibility of the person who creates, uses, stores and/or shares such Content through the Services. You agree that download and/or access links may be forwarded and that recipients who have access to such link may access the associated Content.

By using the Services, you acknowledge that, for all Content you create, use, store, or share through the Services, you have the necessary permissions (including, without limitation, from the owner of the copyright or other intellectual property rights) to distribute, sublicense, transmit, store, and publish the Content online as part of the Services.

In no event will Capty.io be liable to you or to any third party for any damages relating to any Content, including copyrighted works and trademarks, created, used, stored or shared by you through the Services.

Capty.io requires a license for your content for the sole purpose of operating, enabling and improving the service. For this explicit purpose only and until the Content is automatically deleted by us after 7 days, you agree and acknowledge that. By using the Services, you grant us an unlimited, worldwide, royalty-free, license to use, host, store and sort the Content.

Capty.io does not provide any public search function, overview or list for finding content.

When using the Services, Capty.io may show you advertisements from advertisers selected by Capty.io.

Restrictions

We expect you to respect the rights of others. Rights to be respected include, but are not limited to, privacy rights, protection against industrial espionage, trade secrecy, and intellectual property rights such as copyrights and rights in trademarks, trade names, and logos. You hereby agree not to use the Services to commit, promote, or enable any unlawful act or crime or to violate these Terms of Use, and not to assist or encourage others to do so.

As a condition of using the Services, you agree not to create, use, store or share any Content,

  • that contain images of child sexual abuse,
  • that is obscene, defamatory, libelous, offensive, discriminatory, threatening, abusive, harassing, lewd, vulgar or unlawful,
  • that propagate racism, violence or hatred,
  • that are factually incorrect, inaccurate, misleading or fraudulent,
  • to which you have no rights,
  • that infringes, violates or misappropriates the intellectual property rights, personal rights, including data protection rights, or any other right of third parties,
  • violate or affect any applicable law or regulation; and/or
  • constitute hate speech, whether directed at individuals or a group, and whether it refers to the individual's or group's race, gender, creed, national origin, religious affiliation, sexual orientation, language, or other characteristic.

Additionally insure,

  • Not to insult, harass, persecute, intimidate, threaten or defame anyone, commit acts of violence or other crimes, or encourage others to do so,
  • Not impersonate any other person or entity or misrepresent your affiliation with any such person,
  • Not to gain access to non-public areas of the Services,
  • not to exert any influence on restrictions on access or use,
  • not use any data mining or similar data gathering and extraction methods or otherwise collect any information about the users of the Services,
  • Not to interfere with, damage or disrupt the Services and to refrain from any action that may cause this,
  • not attempt to explore, probe or test the vulnerability of the Services or any related service, system or network, or circumvent security or identification measures, unless you act in accordance with our Responsible Security Disclosure Policy,
  • Not to use automated methods to access or use the Services without permission,
  • not reverse engineer or decompile the Services, in whole or in part,
  • not resell, sublicense, lend, rent, offer or otherwise market the Services without our consent

Violation of the General Terms and Conditions

Capty.io reserves the right, without prior notice or liability, to review, make available to third parties, (temporarily) block and/or permanently remove from its servers any Content and/or Account information, or block anyone from accessing any part of the Services, if Capty.io determines, in its sole discretion or after receiving substantiated and reasonable complaints, that you are in violation of these Terms or in violation of any applicable law or regulation.

Intellectual property rights

All intellectual property and/or similar rights in the Services (including software, background images, capty.io content, photographs, graphic design, typeface, imagery, logos, trademarks, trade names, domain names, copyrights and patents) belong to capty.io and/or its licensors and you may not use, remove, modify, copy, reproduce, distribute, decompile or reverse engineer any part of them in any way.

Capty.io assumes no responsibility or liability for any third party content posted within the Services, links in advertisements to external websites, or any content, products or services offered on external websites. You acknowledge and agree that any use outside the Services is at your own risk.

You shall always consider and respect the good name and reputation of Capty.io, as well as ensure that the rights and/or good name and reputation of Capty.io and its licensors are not impaired in any way by your use of the Services.

Disclaimer and account registration

Capty.io provides the Services "as is" and without warranty of any kind. Without limiting the foregoing, Capty.io expressly disclaims any warranties of merchantability, fitness for a particular purpose, and third party rights. Capty.io does not warrant that the Services will be uninterrupted, secure or error-free. You use the Services at your own risk. You acknowledge and agree that Capty.io shall not be liable for any damages incurred by you or any third party as a result of your use of the Services on any computer system or mobile device, nor for any failure of the Services to store, transmit or delete any video, or for any damage to or loss of any information or content contained in any video.

Capty.io may modify, discontinue or enhance its Services from time to time and reserves the right to limit access to or eliminate any feature or function of the Services in its sole discretion.

Liability and indemnification

You shall indemnify and hold Capty.io (including its employees and its affiliates) harmless from and against any and all claims, incidents, liabilities, proceedings, damages, losses and expenses (including legal and accounting fees) arising out of or otherwise related to your access to or use of the Services, including any claims asserted by third parties that any Content created, used, stored or shared by you through the Services infringes or violates the rights of any third party.

The Services may integrate with third party services. You acknowledge that (1) Capty.io is not responsible for the acts or omissions of such Third Party Services, (2) Capty.io is not acting on behalf of such Third Party Services, and (3) your use of such Services is subject to the terms and conditions applicable between you and the provider of the Services.

Capty.io is not liable for any damages or injury arising out of the use of the Services, including (temporary) unavailability or (accidental) deletion of your content. The disclaimers in this section do not apply to damages caused by Capty.io's willful misconduct or gross negligence. In the event that Capty.io is liable for any damage due to mandatory legal provisions, Capty.io's total liability to you for all claims arising out of or in connection with the use of the Services shall in any case never exceed an amount of one hundred euros (€100) per claim.

Waiver, severability clause and assignment of rights

Capty.io's failure to enforce a provision shall not be construed as a waiver of the right to enforce it at a later date.

If any provision of these Terms of Use is found to be (partially) unlawful, unenforceable or otherwise invalid, (1) the remainder of these Terms of Use shall remain in full force and effect to the extent permitted by law or applicable law, and (2) such (partial) provision shall be deemed waived and replaced by a valid (partial) provision that most closely approximates the invalid provision in economic terms.

You may not assign your rights under these Terms of Use. Capty.io may assign its rights at any time, without your consent and without any other restriction, to any of its affiliates, subsidiaries or any successor in interest to any company affiliated with the Services.

Reporting illegal content

If you would like to report illegal content stored or sent through Capty.io, please send us a message to: hello@capty.io.

Applicable law and place of jurisdiction

These Terms of Use and any non-contractual obligations arising out of or in connection with these Terms of Use shall be governed by and construed in accordance with German law. Any consumer protection rights you may have under mandatory laws in your country of residence shall not be affected by these Terms of Use.

In the event of disputes relating to these Terms of Use, the competent court in Germany shall decide and German law shall apply exclusively (with the exception of the international private law applicable there).