Terms of Service

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service ("Terms") form a binding legal agreement between you and Brilliant Monkey, LLC, a Minnesota limited liability company ("Capsure," "we," "us," or "our"). By accessing or using Capsure, you agree to these Terms.

Section 14 contains a binding arbitration agreement and class-action waiver that affect your legal rights. Read it carefully. You may opt out of arbitration within 30 days of first accepting these Terms.

1. Who we are and what Capsure is

Capsure is a software service that allows event Hosts to receive photos, video, and related media submitted by their event Guests and to organize that media into event galleries. The Service is offered through the websites capsureapp.com, capsure.app, and dash.capsureapp.com, and any associated domains, applications, and APIs (collectively, the "Service").

Our registered office is 6597 Janero Bay South, Cottage Grove, MN 55016, USA. You can reach us at [email protected].

2. Definitions

• "Host" means a person or entity that creates an event, album, or gallery on the Service.
• "Guest" means a person who uploads, views, or interacts with media at the invitation of a Host (typically via a QR code or link) without creating a Capsure account.
• "Affiliate" means a person or entity enrolled in our affiliate program.
• "User" means a Host, Guest, or Affiliate.
• "Content" means anything submitted to the Service, including photos, videos, comments, likes, file metadata, and account information.
• "Host Content" means Content created or submitted by a Host or received by a Host from Guests.

3. Eligibility

You may use the Service only if:

• you are at least 13 years old (or the age of digital consent in your jurisdiction, if higher — see § 12);
• you can form a binding contract in your jurisdiction (if you are between the age of digital consent and the age of majority, you represent that your parent or guardian has reviewed and agreed to these Terms on your behalf);
• you are not located in, ordinarily resident in, or an entity formed under the laws of any country or region subject to comprehensive U.S. sanctions, and you are not on any U.S. government restricted-party list.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

4. Accounts

Host and Affiliate accounts require you to register with an email and password (or, when available, a supported third-party identity provider such as Google Sign-In or Apple Sign-In). You must:

• provide accurate, current, and complete information;
• keep your credentials confidential;
• notify us promptly at [email protected] of any unauthorized use; and
• be responsible for all activity under your account.

Guests use the Service without an account. A randomly generated identifier is stored in your browser to track your uploads and likes. Uninstalling the browser or clearing site data will remove the identifier, and we may no longer be able to attribute your prior uploads to you.

5. License to use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal use or for internal business use by your organization in connection with events you host or attend.

6. User Content

6.1 You own your Content

Users retain all right, title, and interest in and to Users' Content. Nothing in these Terms transfers ownership of Users' Content to us.

6.2 License to us

You grant Capsure a worldwide, non-exclusive, royalty-free, sublicensable (to our sub-processors and infrastructure providers only) license to host, store, reproduce, transmit, display, adapt (for example, re-encoding images, creating thumbnails, preserving EXIF orientation, and assembling memory videos you request), and distribute your Content solely to operate, provide, secure, improve, and support the Service for you and other authorized Users, and as required to comply with law.

We will not use your Content for advertising, sell your Content, or use it to train generalized artificial-intelligence or machine-learning models except with your separate opt-in consent.

6.3 Host Content — relationship between Host and Guests

When you are a Host, you are the party responsible for collecting, receiving, and sharing Content from your Guests under these Terms. Capsure acts as your service provider with respect to Guest-uploaded Content. You represent that you have provided appropriate notice to your Guests about what will happen to the media they upload and that their use of your Capsure-powered event complies with these Terms.

6.4 You are responsible for your Content

You represent and warrant that:

• you own your Content or have all rights necessary to submit it and to grant the license above;
• your Content does not infringe any third party's intellectual-property, privacy, publicity, or other rights;
• your Content complies with the Acceptable Use Policy and with applicable law.

6.5 Removal

We may remove Content that we believe, in our reasonable discretion, violates these Terms, the Acceptable Use Policy, or applicable law, or that is subject to a valid takedown notice under our DMCA Policy.

7. Pricing, payment, and refunds

7.1 Pricing

The Service is offered on a per-event basis with a one-time charge. Free, Plus, and Pro tiers are available; pricing and features are listed on the checkout page at the time of purchase. Pricing may change; changes apply only to purchases made after the change is posted.

7.2 One-time purchase, no auto-renewal

Purchases of Plus and Pro tiers are one-time charges for a specified event. Capsure does not enroll you in any subscription or automatically renew your purchase. You will not be charged again for the same event without a separate, affirmative purchase.

7.3 Payment processor

Payments are processed by Stripe, Inc. Capsure does not receive or store your full payment card details; card information is provided directly to Stripe. Your use of Stripe is subject to Stripe's terms and privacy notice.

7.4 Taxes

Prices are stated exclusive of taxes unless otherwise noted. You are responsible for any sales, use, value-added, withholding, or similar taxes imposed on your purchase, other than taxes on our income.

7.5 Refunds

All sales are final. Refunds are issued only at Capsure's discretion and typically only in the limited case where Capsure has materially failed to deliver the purchased Service due to our error. We do not offer refunds for change of mind, event cancellation, unused capacity on your tier, or Guest non-participation. To request a refund, email [email protected] within 14 days of an error. This policy does not limit any non-waivable statutory rights you have under applicable law.

7.6 Price changes

We may change prices for new purchases at any time. We will not retroactively change the price of a purchase you have already completed.

8. Affiliate program

If you participate in the Capsure affiliate program, these Terms apply along with any supplemental affiliate terms presented at enrollment. Commissions are calculated based on qualifying sales attributed to your referral code within a 60-day referral window and are paid on a bi-weekly basis via Stripe Connect, subject to a minimum payout threshold and Stripe's onboarding and compliance requirements. We may change commission rates prospectively on written notice. You may not spam, mislead, or misrepresent the Service to earn commissions; doing so voids earned commissions and may result in account termination.

9. Acceptable Use

Your use of the Service is governed by the Capsure Acceptable Use Policy, which is incorporated into these Terms.

10. Intellectual property

As between you and Brilliant Monkey, LLC owns all right, title, and interest in the Service, including all software, trademarks, logos, user-interface designs, documentation, and all other forms of intellectual property. Except for the limited license in § 5, no rights are granted to you. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works of the Service, except to the extent such restriction is prohibited by law.

11. Third-party services

The Service integrates with third-party services, including Stripe (payments), Cloudflare (security/CDN), Amazon Web Services (email delivery and infrastructure), and — when enabled by you — Google and Apple for sign-in. We are not responsible for third-party services and their use is governed by their own terms.

12. Children

The Service is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you believe we have collected personal information from a child under 13, contact [email protected] and we will delete it. If you are a parent or guardian and believe your child has submitted Content as a Guest, contact us and we will work with you to remove it.

13. DMCA and copyright

We respect intellectual-property rights and respond to valid notices under the U.S. Digital Millennium Copyright Act. See the DMCA Policy for notice-and-takedown procedures and our designated agent. Repeat infringers will be terminated.

14. Disputes, arbitration, and class-action waiver — READ CAREFULLY

14.1 Informal resolution first

Before starting a formal proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding arbitration

Except for the matters listed in § 14.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for consumers) or Commercial Arbitration Rules (for non-consumers). The arbitration will be conducted in English. The seat of arbitration is Minneapolis, Minnesota. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class-action waiver

YOU AND BRILLIANT MONKEY, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 30-day opt-out

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

14.5 Carve-outs

This § 14 does not apply to:

• claims eligible for a small-claims court of competent jurisdiction, provided the claim remains in that court;
• claims for injunctive or other equitable relief to protect intellectual-property rights; and
• any dispute that cannot lawfully be compelled to arbitration.

14.6 Survival and severability

If the class-action waiver in § 14.3 is found unenforceable as to any claim or remedy sought, then the entire § 14 (other than § 14.5 and this sentence) will not apply to that claim or remedy, and the claim or remedy will proceed in court under § 15.

15. Governing law and venue

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any matter not subject to arbitration under § 14, the exclusive venue is the state or federal courts located in Hennepin County, Minnesota (or the nearest federal court), and you and Brilliant Monkey, LLC consent to personal jurisdiction and venue there.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRILLIANT MONKEY, LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Service will be uninterrupted, secure, error-free, free of viruses, or that any data loss will not occur.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply only to the extent permitted.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• No indirect damages. Brilliant Monkey, LLC will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or relating to the Service or these Terms, whether in contract, tort, or otherwise, and whether or not Brilliant Monkey, LLC has been advised of the possibility of such damages.
• Cap. Brilliant Monkey, LLC's aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid Brilliant Monkey, LLC in the twelve (12) months preceding the event giving rise to the claim, or (b) US$100.

These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the greatest extent permitted by law.

18. Indemnification

You will defend, indemnify, and hold harmless Brilliant Monkey, LLC and its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any applicable law or third-party right. We may, at our option, assume exclusive control of any matter for which you owe indemnification, in which case you will cooperate with us.

19. Termination

You may stop using the Service at any time. Hosts and Affiliates may close their accounts from dash.capsureapp.com/settings/privacy (or by emailing [email protected] if the self-serve option is not yet available).

We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms, the Acceptable Use Policy, or applicable law, or if continued provision would expose Brilliant Monkey, LLC to legal or security risk. Sections that by their nature should survive termination will survive, including §§ 6.2, 10, 14, 15, 16, 17, 18, and 20.

20. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will post the updated version at capsureapp.com/legal/terms with a new Effective Date and, for Hosts and Affiliates, send notice to your account email at least 14 days before the change takes effect. Continued use of the Service after the Effective Date constitutes acceptance. If you do not agree to an update, stop using the Service before the Effective Date.

21. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, DMCA Policy, and any order page or feature-specific terms incorporated by reference, are the entire agreement between you and Brilliant Monkey, LLC regarding the Service.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or to an affiliate.
• Force majeure. Brilliant Monkey, LLC will not be liable, and will not be deemed in breach of these Terms, for any delay, interruption, degradation, or failure of the Service caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, government action, sanctions, labor disputes, internet or telecommunications failures, power outages, denial-of-service or other malicious attacks, failures or acts of third-party providers (including hosting, CDN, payment, email, and authentication providers), and shortages of equipment or materials. Your obligation to pay amounts already due is not excused by this section.
• Severability. If any provision is held unenforceable, the remainder remains in effect.
• No waiver. Our failure to enforce any provision is not a waiver.
• Relationship. Brilliant Monkey, LLC is an independent contractor. These Terms do not create an agency, partnership, or joint venture as between you and Brilliant Monkey, LLC.
• Notices. Notices to Capsure must be sent to [email protected] with a courtesy copy to 6597 Janero Bay South, Cottage Grove, MN 55016. Notices to you may be sent to your account email or posted in the Service.

22. Contact

Brilliant Monkey, LLCe
6597 Janero Bay South, Cottage Grove, MN 55016, USA
[email protected]