Terms and Conditions

Introduction:

These Terms and Conditions of Service (hereinafter “Terms and Conditions” or “Agreement”) constitute a legal agreement.  Please read it carefully. 

Capturely Inc. is a content creation technology company which primarily produces headshots and related business photography (collectively referred to as “Content”), delivered virtually through the Capturely platform.  Our Services can be found at https://capturely.com and are incorporated into your Agreement by reference.

Capturely Inc. is an Indiana Corporation (“Capturely,” “we,” or “us”).  By paying for and using our Services, whether as an individual or as a representative of an entity, you agree to these Terms and Conditions. If an organization arranged your Session or bought Sessions for you (your employer, school, district, or group, your “Organization”), its written agreement with Capturely controls if anything in these Terms and Conditions conflicts with it.

These Terms and Conditions govern the business relationship between you and us. Should you have any questions or concerns about these Terms and Conditions, please feel free to contact us.

Definitions:

“Services” mean the services outlined and described at https://capturely.com or provided in your Quote.

“Session” means any single time Capturely photographs a person, product, or place, whether guided by a Capturely photographer, by Capturely’s automated AI system, or both.

“Website” means www.capturely.com and all of its subparts and pages. 

“Content” means the photos, video, and recordings we create in a Session, including edited and AI assisted outputs and Final Images. “Final Images” means delivered, flattened, and rasterized files.

“Quote” means an agreement to the price and scope of your Services before Services are rendered. 

“Invoice” means a document showing the amount you owe us based on your Quote and Services that were completed or will be completed. 

“Credit” means one Final Image. A standard Session delivers three Credits unless your Quote or your Organization’s agreement says otherwise.    

General Terms:

Eligibility

In order to buy Services, you must:

Be at least 18 years of age and be able to enter into legal contracts; and

Agree to these Terms and Conditions. 

A parent, legal guardian, or an authorized representative of an Organization may accept these Terms and Conditions on behalf of a person under 18. For a person under 13, the optional AI training and marketing choices are not offered.

Updates

We may update or make changes to these Terms and Conditions by posting revised Terms and Conditions on our Website. The revised Terms and Conditions shall take effect and remain in full force immediately upon publication to the Website and shall apply to you.

Communication

We may send you emails and text messages regarding your Session and Final Image delivery.  By providing us with your email address and telephone number you consent to these messages.  You can unsubscribe from email communication by replying to an email with “unsubscribe” or clicking the unsubscribe link. If you unsubscribe from emails, you will not receive any marketing emails, but you may still receive email communication related to your Session and the receipt of any Final Image(s).

You can opt out of receiving text messages by replying to a message from us with “STOP”. STOP ends all texts from us, including Session and delivery texts.

How We Use AI

We use AI, including generative AI, to guide Sessions and to edit, enhance, and deliver Content. In an automated Session you are directed by an AI system, not a human photographer, and we tell you so at the start. The tools and providers we use change over time and are listed at capturely.com/subprocessors.

Our software and our editing providers’ tools locate your face for a moment to focus, crop, and retouch, then discard that data; none of them store face templates, use facial recognition, or build a face database. We do not use your Content to train AI unless you opt in when booking, and you can withdraw that consent at any time by emailing hello@capturely.com from the email address you used when you booked your Session. Your Organization may prohibit training for all of its Sessions.

Content Satisfaction Service “AS IS”

If you nix it, we fix it! If you are not satisfied with the quality of the Content provided by Capturely and if you have provided written notice to us within 10 days of the date we made the Content available to you for review, Capturely will attempt to correct the issue once, otherwise, you accept the Content as delivered. Capturely strives to provide high-quality Services, but we can’t guarantee perfection. We disclaim warranties to the extent permitted by law and are not liable for certain types of damages or losses.

Purchases, Credits, and Rescheduling:

Credits are purchased in advance, are final and non-refundable, and expire one year from the date of purchase unless your Organization’s agreement says otherwise. For a Session guided by a photographer, you may reschedule at no cost any time before your start time; if you miss your Session or cancel after it starts, your Credits are used. In an automated Session you may capture as often as you like at no cost; Credits are used only when you submit images for editing. If we must reschedule for technical or staffing reasons, you keep your Credits.          

Quotes and Invoices:

By signing a Quote you agree it correctly describes the cost and Services you would like Capturely to perform, and you agree to pay the amount on the Invoice that follows, subject to these Terms and Conditions. 

Content Delivery

After production is complete, the Content will be delivered through email, usually within one business day of your Session.  We use a third-party image hosting service to deliver it.  While we make every effort to ensure the availability, stability, and security of this Service, we cannot guarantee 100% uptime or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our image hosting service. We recommend that you make backup copies of all Content for your records in the event of data loss. We are not obligated to store or archive the Content for you beyond the retention described in our Privacy Policy, and if we do this, such storage should be considered as a convenience only.

Legal Language:

Independent Contractor

Capturely shall be considered an independent contractor of you and your Organization.

Release

By taking part in a Session, you authorize Capturely to photograph and record you (video and audio) to produce your Content, for quality assurance, and as you have otherwise permitted, and you release Capturely and your Organization from any claims arising from the photographing, recording, editing, and delivery of the Content as these Terms and Conditions and any Organization agreement allow. If the person being photographed is under 18, this release is given by their parent, legal guardian, or an authorized representative of the Organization.

Content Ownership, Copyright, and Usage

All Content created by Capturely, or any of its employees, independent contractors, agents, or affiliates, is the sole and exclusive property of Capturely, unless your Organization’s agreement with Capturely says otherwise.

If you are the person photographed, Capturely grants you a perpetual, royalty-free license to use your Final Images for personal and professional purposes, including profiles, resumes, signatures, and social media. If you are the Organization, you receive the license in your agreement with us or, if there is none, a perpetual, royalty-free license to use the Final Images for your ordinary business, educational, and communications purposes, including websites, directories, marketing, and internal materials, in conformance with all applicable laws.

Capturely will not use a person’s Content or likeness in its own website, social media, or marketing materials unless that person, or a minor’s parent or guardian, opts in; that permission lasts until withdrawn at hello@capturely.com.

You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remains our copyrighted material, and the terms and restrictions within this license also apply to those derivative works.

Privacy

Our Privacy Policy details how we handle your personal information. Please review it alongside these Terms. You confirm that you’ve provided necessary privacy notices and obtained required consents related to Your Content, adhering to applicable privacy laws. For a full version of our Privacy Policy click here.

Prohibited uses

You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other person or party. 

Content may not be used as a part of or incorporated into any logo or trademark.

If you sign a Quote or other agreement with Capturely on behalf of an Organization, you confirm you are authorized to bind it to the Quote terms and these Terms and Conditions.

You may not claim to be the photographer or remove Capturely’s embedded credentials.

Intellectual property of third parties

By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.

Software (Mobile Application)

Certain Services may require you to download client software (“Software”), which may update automatically. As long as you adhere to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software solely for accessing the Services. Open-source components of the Software are subject to their respective licenses, which may supersede these Terms. You agree not to reverse engineer or decompile the Services, or assist others in doing so.

Beta Services

We occasionally offer products and features for testing (“Beta Services”), marked as “alpha,” “beta,” “preview,” “early access,” or similar terms. Beta Services may not be as reliable as our standard offerings. By using Beta Services, you consent to provide feedback and acknowledge the confidentiality of these services until their official launch.

Third-Party Services

We use third-party services to provide our services. They are listed at www.capturely.com/subprocessors and are bound by written terms to protect your information and use it only to provide their service to us.

Security

Capturely has completed a SOC 2 Type 2 examination of the security controls of its platform, performed by an independent CPA firm, and maintains that security program on an ongoing basis. Our security policies and program details are available at our Trust Center, trust.capturely.com. The full SOC 2 report is available to customers and prospective customers on request, subject to confidentiality.

Website

Access and use of content. Unless noted otherwise, all materials on the Website including text, images, logos, icons, photographs, and any other materials written or otherwise that are part of the Website (collectively, the “Website Contents”) are copyrighted property owned by Capturely Inc., one of its affiliates, or by third parties who have authorized their materials for use on our Website and are protected by U.S. and international copyright laws. U.S. and international copyright laws also protect the arrangement of the Website Contents and the method of presentation of these materials. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or part, any of the Website Contents, the Website, or any related materials, except that we grant you non-transferrable, non-exclusive, limited permission to access Content and display this Website on your computer or device. This permission is on the condition that you do not modify the Website Contents, keep any copyright or trademark notices intact, and accept the terms, conditions and licenses accompanying any Website Content.

Website security

Users are strictly prohibited from violating or attempting to violate the security of this Website, including but not limited to:

• Unauthorized access. Accessing data not intended for a user or logging into any server or account that the user is not authorized to access.
• Vulnerability scanning. Attempting to scan or test the vulnerability of the Website or any system or network associated with the operation of Capturely.com.
• Attempting to interfere, without limitation, with service between the Website and any user, with the secure operation of the Website, or with the stability of the Website via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website.
• Sending unsolicited email, including promotions and/or other advertising of products or services.

Accuracy

We make every effort to ensure the accuracy of the information contained on this Website. However, we are not liable for typographic errors, pricing errors, omissions, or mistakes that may be present in the content of the Website. If you find an error on our Website please contact us so we can fix it.

Linked Websites

This Website contains links to third party websites. We do not accept responsibility for any such links and do not endorse or monitor them for content. We shall not be responsible for any damage or loss sustained through the use of these linked websites or their services.

Indemnification

If you make a claim against us that is prohibited under these Terms and Conditions, you agree to indemnify and hold us and our employees, officers, agents and owners harmless from any losses, including all attorney fees that may result from our response to any such claim. You agree to indemnify, defend, and hold us and our employees, officers, agents and owners harmless against any losses, including attorney fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms and Conditions.  

Limited Liability

You assume full responsibility for any loss that results from your use of our Services, Content and/or Website Content to the maximum extent permitted by law. We and our employees, officers, agents and owners, are not liable for any indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages.

To the extent the law allows, our total liability for any claim relating to a Session, Content, or the Website is limited to the amount paid to Capturely for the Session or Quote at issue, you agree that this limitation is reasonable due to the difficulty in determining actual damages that may result from the use of our Services.

Severability

If any of these Terms and Conditions are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms and Conditions shall remain in full force and effect. If we choose not to act on a breach of these Terms and Conditions for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms and Conditions

Attorney fees

In the event of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorney’s fees incurred in enforcing this Agreement, unless otherwise stated herein.

Equitable relief

If you violate these Terms and Conditions, we may seek injunctive relief from the courts or other equitable relief.

Assignment

You may not assign your rights under these Terms and Conditions to any other party. However, we may assign our rights to any other entity or individual at our discretion.

Governing law

These Terms and Conditions shall be governed and construed under Indiana without effect to any Indiana laws regarding conflicts of law. Any action or proceeding arising from these Terms and Conditions, your Quote and/or your use of our Services must be held in the State and Federal courts in Hamilton County, Indiana.