Terms of Service

Effective as at: March 31, 2023

These terms of use (“Terms of Use”) are a legal agreement between you and CapChar Ltd, a company incorporated in England & Wales (registration number 13163086) (hereafter referred to as “Capchar”, “we” or “us” as the context may require) for the use of the Capchar website operated by us (the “Capchar Website(s)”) including, without limitation, https://capchar.com.

These Terms of Use set out important information regarding your rights and obligations in connection with the Capchar Website(s). Please read them carefully. In particular, we draw your attention to the limitations of liability contained in Section 9.

By using or accessing the Capchar Website(s), you agree to these Terms of Use which shall bind you. If you do not agree with these Terms of Use, do not use the Capchar Website(s).

We permit you to use the Capchar Website(s) solely in accordance with these Terms of Use. We retain ownership of the Capchar Website(s) at all times.

These Terms of Use apply to the use of any updates or changes to the Capchar Website(s) that we may issue from time to time.

1. The licences granted to you for the use of the Capchar Website(s)

We grant you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these Terms of Use (the “Licences”):

Access and browse the Capchar Website(s) for your personal use only.

We may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing the Capchar Website(s).

2. Rights to the Capchar Website(s) and its content

All intellectual property rights and other rights in or to the Capchar Website(s), and any content of either, made available by or on behalf of us and our licensors, belong to and remain at all times with us and our licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Capchar Website(s) or any contents of either.

The Capchar Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to the Capchar Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the Capchar Website(s) is granted by us.

Where you submit any content whatsoever (“Content”) to the Capchar Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the Capchar Website(s) and our business from time to time.

We welcome any feedback or suggestions for improvements relating to the Capchar Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.

Save as expressly permitted by us in these Terms of Use, you must not use the content on the Capchar Website(s) (other than content that is submitted by you to the Capchar Website) for any commercial purpose without obtaining written permission from us to do so first.

3. Acceptable use

You agree that you shall not:

(a) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the Capchar Website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;

(b) use the Capchar Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Capchar Website(s);

(c) reproduce, frame, display or mirror the Capchar Website(s) other than as a necessary consequence of their normal operation by you;

(d) infringe our intellectual property rights or those of any third party in relation to your use of the Capchar Website(s);

(e) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Capchar Website(s);

(f) use the Capchar Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(g) employ any technology that interferes in any way with the proper operation of the Capchar Website(s), including by blocking any advertising or promotions displayed thereon; or

(h) collect or harvest any information or data from the Capchar Website(s) for any commercial purpose, save as otherwise agreed in writing by us.

If we discover any breach of this Section 3 by you, we may immediately suspend or terminate your access to the Capchar Website and remove and delete any content from Capchar Website(s) violating this Section 3.

4. Changes and updates to the Capchar Website(s)

We reserve the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Capchar Website(s), and/or (ii) alter the functionality or contents of the Capchar Website(s) with or without notice to you.

We may update the Capchar Website from time to time.

5. Contacting us

In relation to any matters concerning the Capchar Website(s), including any feedback, questions, complaints or claims, please contact us via our Support section on the Capchar Website. We welcome feedback, so please get in touch via our contact page.

6. No warranty

The Capchar Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Capchar Website(s) or the contents of any of them. Capchar does not warrant or undertake that use and availability of the Capchar Website(s) will be uninterrupted or error-free.

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CAPCHAR WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF CAPCHAR IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Third party content

For your convenience we may include in the Capchar Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Capchar has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

The Capchar Website(s) may include content submitted by other users of the Capchar Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

8. Changes and updates to the Terms of Service

We may change or update these Terms of Use from time to time. If we decide to do this we will post such changes or updates on our website https://capchar.com, so that you are always aware of the terms and conditions for the use of the Capchar Website(s). If we make a significant change to these Terms of Use, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use on the Capchar Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use, by continuing to use the Capchar Website(s) you agree to be bound by such change or update.

From time to time we may make available additional terms or guidance in relation to the usage of Capchar Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Capchar Website(s).

9. Limitation of liability

You acknowledge that the Capchar Website has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Capchar Website meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Capchar Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Capchar Website(s) or any inaccurate or incomplete content on either.

10. General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Use and their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.