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**Effective Date: January 13, 2025**

 

## 1. Acceptance of Terms

 

By downloading, installing, or using Capsy ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

 

These Terms constitute a legal agreement between you and Brooke Rogers ("Company," "we," "us," or "our") governing your use of the Capsy mobile application.

 

## 2. Description of Service

 

Capsy is a social time capsule application that allows users to:

- Create digital time capsules ("Capsies") with friends

- Capture and share photos and videos

- Set future unlock dates for collective memories

- Collaborate with friends to build shared experiences

 

## 3. Eligibility

 

You must be at least 13 years old to use Capsy. By using the App, you represent and warrant that you meet this age requirement.

 

## 4. User Accounts

 

### 4.1 Account Creation

- You must provide accurate and complete information when creating an account

- You are responsible for maintaining the confidentiality of your account credentials

- You are responsible for all activities that occur under your account

 

### 4.2 Account Security

- Notify us immediately at brooke@getcapsy.com if you suspect unauthorized account access

- We reserve the right to suspend or terminate accounts that violate these Terms

 

## 5. User Content

 

### 5.1 Your Content

- You retain ownership of all content you upload to Capsy

- By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to store, process, and display your content as necessary to provide the Service

- You are solely responsible for your content and the consequences of sharing it

 

### 5.2 Prohibited Content

You agree not to upload content that:

- Violates any laws or regulations

- Infringes on intellectual property rights

- Contains hate speech, harassment, threats, or discriminatory material

- Is sexually explicit, pornographic, or inappropriate for minors

- Depicts violence, self-harm, or dangerous activities

- Contains spam, scams, or misleading information

- Contains malware or harmful code

- Impersonates others or is fraudulent

- Violates the privacy of others

 

### 5.3 Content Moderation

- We use automated systems and user reports to identify potentially harmful content

- Content may be removed without prior notice if it violates these Terms

- Repeated violations may result in account suspension or termination

- We aim to review reported content within 24 hours

 

### 5.4 Reporting Content

- Users can report inappropriate content or behavior through in-app reporting tools

- Reports are reviewed by our moderation team

- False or malicious reports may result in account penalties

- We may contact you for additional information about your report

 

## 6. Privacy

 

Your use of Capsy is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using Capsy, you consent to our data practices as described in the Privacy Policy.

 

## 7. User Safety and Blocking

 

### 7.1 Blocking Users

- You can block other users to prevent them from contacting or interacting with you

- Blocked users cannot send you friend requests or capsy invites

- You will not appear in their search results or friend suggestions

- Blocking is private and the blocked user is not notified

 

### 7.2 Safety Guidelines

- Report users who violate our community standards

- Do not share personal information with users you don't know

- Meet in public places if meeting someone from the app

- Trust your instincts and block users who make you uncomfortable

 

## 8. Acceptable Use

 

You agree to use Capsy only for lawful purposes and in accordance with these Terms. You agree not to:

- Violate any laws or regulations

- Harass, abuse, stalk, or harm other users

- Send unsolicited or inappropriate messages

- Create multiple accounts to evade blocks or bans

- Attempt to gain unauthorized access to the App or its systems

- Interfere with or disrupt the App's operation

- Use automated systems or bots without permission

- Reverse engineer or attempt to extract the source code

- Circumvent any content filtering or security measures

 

## 9. Intellectual Property

 

### 9.1 Our Property

The App and its original content (excluding user content), features, and functionality are owned by Brooke Rogers and are protected by international copyright, trademark, and other intellectual property laws.

 

### 9.2 Feedback

Any feedback, suggestions, or ideas you provide about Capsy may be used by us without any obligation to compensate you.

 

## 10. Third-Party Services

 

Capsy may contain links to or integrate with third-party services. We are not responsible for the content or practices of these third-party services. Your use of such services is at your own risk.

 

## 11. Disclaimers

 

### 11.1 Service Availability

- The App is provided "as is" and "as available"

- We do not guarantee uninterrupted or error-free operation

- We may modify or discontinue features without notice

 

### 11.2 No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPSY IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

## 12. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROOKE ROGERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

 

## 13. Indemnification

 

You agree to indemnify and hold harmless Brooke Rogers and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the App or violation of these Terms.

 

## 14. Termination

 

### 14.1 By You

You may terminate your account at any time through the app's Settings menu by selecting "Delete Account".

 

### 14.2 By Us

We may terminate or suspend your account immediately, without prior notice, for any reason, including if you breach these Terms.

 

### 14.3 Effect of Termination

Upon termination, your right to use the App will cease immediately. Provisions that should survive termination will remain in effect.

 

## 15. Changes to Terms

 

We reserve the right to modify these Terms at any time. We will notify users of any material changes through the App or via email. Your continued use of Capsy after such modifications constitutes acceptance of the updated Terms.

 

## 16. Governing Law

 

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

 

## 17. Dispute Resolution

 

Any disputes arising from these Terms or your use of Capsy shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Wyoming, and judgment may be entered in any court of competent jurisdiction.

 

## 18. Severability

 

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

 

## 19. Entire Agreement

 

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brooke Rogers regarding the use of Capsy.

 

## 20. Contact Information

 

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

 

**Brooke Rogers**

Email: brooke@getcapsy.com

 

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*Last updated: August 13, 2025*