Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you") and CapyLink ("Company", "we", "us", or "our"), concerning your access to and use of the CapyLink browser extension and related services (collectively, the "Services"). Our Services are designed to assist you in generating personalized text suggestions for interactions on third-party platforms like LinkedIn.

By registering for, accessing, or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Services.

2. Access to Services

Subject to your compliance with these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to install and use the Services for your own personal or internal business purposes, consistent with the intended functionality and your chosen subscription tier (Free or Pro).

The Services operate as a browser extension that analyzes the content of web pages you visit on third-party platforms (like a LinkedIn profile page) locally within your browser. Based on this analysis and any additional instructions you provide, the Services generate text suggestions (e.g., connection notes, replies). You are responsible for manually copying and using these suggestions on the third-party platform.

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) with or without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

3. Your Account

You must register for an account to access the Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

We offer different subscription tiers (e.g., Free, Pro) which may have varying features and usage limits. You agree not to attempt to circumvent any limitations placed on your account tier.

4. Subscription Terms

Certain features of the Services are only available through a paid subscription ("Pro Tier"). Free tier access ("Free Tier") may also be available with limited functionality.

4.1 Billing and Renewal

Pro Tier subscriptions are billed on a recurring monthly basis. Payments are processed through our third-party payment processor (Stripe). By providing payment information, you agree to these recurring charges. Your subscription will automatically renew each month unless cancelled prior to the renewal date.

4.2 Payment Failures

If your initial payment for the Pro Tier fails, you will not be granted access to Pro Tier features. If a recurring renewal payment fails, your account will be automatically downgraded to the Free Tier at the end of the current billing cycle, and access to Pro Tier features will cease. We will cease attempting to charge your payment method after a failed renewal.

4.3 Cancellation

You may cancel your Pro Tier subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of your current monthly billing cycle. You will retain access to Pro Tier features until the end of that cycle.

4.4 No Refunds

Subscription fees are non-refundable. No refunds or credits will be provided for partial months of service, downgrade refunds, or refunds for unused months if you cancel mid-cycle.

4.5 Fee Changes

We reserve the right to modify subscription fees for the Pro Tier. Any fee change will become effective only upon renewal of your subscription, and we will provide you with reasonable prior notice (e.g., via email or in-app notification) before any such change takes effect, giving you the opportunity to cancel before the change.

5. Acceptable Use

You agree not to misuse the Services or help anyone else do so. You agree not to:

• Probe, scan, or test the vulnerability of any system or network associated with the Services.
• Breach or otherwise circumvent any security or authentication measures.
• Access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, or Company (or our service providers') computer systems.
• Interfere with or disrupt any user, host, or network (e.g., by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services).
• Use bots or other automated means to access the Services beyond the intended functionality provided through the browser extension.
• Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
• Violate or infringe upon the rights of others, including intellectual property and privacy rights.
• Transmit any material that is abusive, harassing, defamatory, obscene, fraudulent, or deceptive.
• Create multiple accounts to circumvent usage limitations or otherwise abuse the terms of the Free Tier.
• Resell or sublicense the Services or access thereto.
• Use the Services in any manner that violates the terms of service of any third-party platform (such as LinkedIn).

6. Your Content and Generated Suggestions

You retain ownership of any instructions, prompts, or other content you provide to the Services ("Your Input"). You also retain ownership of the final messages you choose to construct and use on third-party platforms, even if based on suggestions generated by the Services.

The Services generate text suggestions based on Your Input and publicly accessible information on the web pages you view. You grant us a limited license to use Your Input solely to provide and improve the Services. We do not claim ownership over the generated suggestions themselves, and you are free to use, modify, or discard them.

You are solely responsible for Your Input and the final content you choose to use. You represent and warrant that Your Input and your use of the generated suggestions do not violate these Terms or the rights of any third party.

Any data collected, such as resume information potentially provided during account setup or usage, is handled in accordance with our Privacy Policy. Data analysis performed by the extension primarily occurs locally on your device.

7. Third-Party Platform Policies (e.g., LinkedIn)

The Services are designed to be used in conjunction with third-party platforms like LinkedIn. Your use of such platforms is governed by their respective terms of service, privacy policies, and other community guidelines ("Third-Party Terms").

You acknowledge and agree that:

• CapyLink is not affiliated with, endorsed by, or sponsored by LinkedIn or any other third-party platform.
• The Services operate locally within your browser by reading the HTML content of the page you are currently viewing. It does not require your login credentials for third-party platforms and does not utilize their official APIs.
• The Services **do not** automate actions such as sending connection requests, messages, or other interactions directly on the third-party platform. You are responsible for manually copying any generated suggestions and pasting them into the appropriate fields on the third-party platform.
• Using any browser extension or tool that interacts with third-party platforms carries inherent risks. Platforms like LinkedIn may update their terms or technical measures, potentially affecting the functionality of the Services or deeming the use of such tools a violation of their terms.
• You are solely responsible for ensuring your use of the Services complies with all applicable Third-Party Terms.
• CapyLink is not responsible for any actions taken against your account on third-party platforms (e.g., warnings, restrictions, or suspension) that may result from your use of the Services or your violation of Third-Party Terms. You use the Services at your own risk regarding compliance with Third-Party Terms.

We strongly recommend reviewing the terms and policies of any third-party platform you use in conjunction with our Services.

8. Intellectual Property

The Services, including the browser extension, website, underlying technology, and all original content (excluding Your Input and generated suggestions), features, and functionality thereof, are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT THE SUGGESTIONS GENERATED WILL BE ACCURATE, COMPLETE, OR EFFECTIVE FOR YOUR PURPOSES. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.

WE MAKE NO WARRANTY THAT USE OF THE SERVICES WILL COMPLY WITH THE TERMS OF SERVICE OF THIRD-PARTY PLATFORMS LIKE LINKEDIN. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICES IN CONJUNCTION WITH SUCH PLATFORMS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) Your Input, or (c) your violation of these Terms or any applicable Third-Party Terms.

12. Term and Termination

These Terms commence on the date you first accept them and continue until terminated. We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if you breach these Terms.

You may cancel your account at any time by following the instructions in your account settings or contacting us. Upon termination, discontinuation, or cancellation of the Services or your account, the following Sections will survive: 6, 8, 9, 10, 11, 15, and 16.

13. Modifications to Terms

We may modify these Terms at any time. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications (like email or in-app notification). It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms.

If you don't agree to be bound by the modified Terms, then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

14. Privacy Policy

Our collection and use of personal information in connection with your access to and use of the Services is described in our Privacy Policy.

15. General Provisions

15.1 Governing Law

These Terms and any action related thereto will be governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws provisions.

15.2 Dispute Resolution

We prefer to resolve disputes amicably. Before filing a claim against CapyLink, you agree to try to resolve the dispute informally by contacting squritledomain@gmail.com (Temporary email). We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or CapyLink may bring a formal proceeding.

You and CapyLink agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Fairfax County, Virginia, subject to the mandatory arbitration provisions below. Both you and CapyLink consent to venue and personal jurisdiction in such courts.

15.3 Waiver and Severability

The failure of the Company to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15.4 Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between the Company and you regarding the Services.

15.5 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. The Company may freely assign or transfer these Terms without restriction.

16. Contact Information

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