Terms of Use for Capiche Software
These terms were last updated on 1 Jan 2025.
This Agreement is between Capiche Limited ("Capiche," "we," "us," or "our") and you ("User," "you," or "your"). By using our software application ("Software"), you agree to be bound by these terms and conditions.
1. License and Use
Capiche grants you a limited, non-transferable, non-exclusive license to use the Software for its intended purpose.
Our products may update automatically to ensure you're using the latest version.
2. Warranty and Liability
The Software is provided "as is" without any warranty of any kind. Capiche shall not be liable for any damages arising from the use of the Software.
3. User Obligations
You agree to:
Use the Software for lawful purposes
Report any bugs, errors, or issues promptly
Not reverse engineer, decompile, or attempt to discover the source code of the Software
Not attempt to undermine the security or integrity of the Underlying Systems
Not distribute, sublicense, transfer or make available the Software to any third party
Not defame or publicly criticize the Software, services, or Capiche's reputation
Not disclose any proprietary information about the Software or Capiche's business practices that you may become aware of.
Be responsible for ensuring you are familiar with the latest Terms.
4. Ownership of Your Data and the Permissions You Grant Us
Ownership: The text and documents you use with our products (referred to as "User Content") belong to you. Capiche-Limited does not own your User Content.
Permission (License): To provide and improve our services, you give us permission (a license) to use your User Content.
What This License Covers
You allow us to use your User Content for:
Operating and Improving: Running, enhancing, troubleshooting, and debugging our products (e.g., training our suggestion engine based on your feedback).
Protection: Identifying patterns to prevent misuse or abuse of our products.
Customization: Creating personalized suggestions for you.
Development: Building new features or products.
License Terms
The license you grant us is:
Global: So you can access your content anywhere in the world.
Non-exclusive: You still own your content and can share it with others.
Royalty-free: We do not pay you for using it.
Duration: It lasts as long as intellectual property laws protect your content.
What We Can Do With Your Content
We can, solely for the purposes above:
Store, reproduce, use, publish (to show it back to you), modify, and create derivative works (e.g., writing suggestions or autocorrect).
Your Responsibility
Capiche-Limited does not claim ownership or control over your User Content. You are responsible for it, including ensuring it is backed up and does not violate laws or harm others.
5. Intellectual Property
All rights, title, and interest in the Software remain the exclusive property of Capiche. Any feedback, suggestions, or ideas you provide become the property of Capiche and may be used without compensation or attribution.
6. Compliance with Laws and Jurisdiction
This Software is intended for users residing in New Zealand. Capiche Limited is committed to complying with applicable New Zealand consumer protection laws.
By using the Software, you acknowledge and agree that:
Capiche's obligations are limited to those applicable in New Zealand.
The Software is intended for use within New Zealand. Capiche makes no representations that the Software is appropriate or available for use in other locations.
If you are accessing or using the Software from outside New Zealand, you do so at your own risk and are responsible for compliance with local laws in your jurisdiction.
In the event of any dispute or claim arising from the use of the Software, resolution shall be sought through good faith negotiations or, and, as a matter of last resort, New Zealand law shall apply, and any proceedings shall be subject to the exclusive jurisdiction of the New Zealand courts.
If you are located outside New Zealand, you waive any rights you may have under the consumer protection laws of your jurisdiction to the fullest extent permitted by law.
7. Fees and Payment
Fees will be charged according to the current pricing structure
Payment is due in advance of service provision
Capiche reserves the right to modify pricing with 30 days notice
8. Termination
You may cancel your subscription at any time. Upon cancelation you will retain access to the Software until the end of your paid subscription period.
Capiche may terminate your access to the Software at any time without notice. Upon termination, you will receive a refund for any unused portion of your subscription.
9. Privacy Policy
Capiche will collect and use your personal information and usage data in accordance with our Privacy Policy, incorporated by reference.
10. Modifications
Capiche reserves the right to modify these Terms at any time. Continued use of the Software after any changes constitutes your acceptance of the new Terms.
By using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement.