Terms and Conditions for Captain

1. Acceptance of Terms

By accessing and using Captain, a content marketing platform provided by Captain ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use Captain.

2. Description of Service

Captain is an AI-powered content marketing platform that creates multimedia, multichannel content, including articles, social posts, newsletters, infographics, podcasts, and videos. The platform also provides engagement tools, such as narrated podcasts, clickable summaries, lead magnets, and contextual calls to action ("CTAs").

3. User Responsibilities

You are responsible for ensuring that the content created using Captain is accurate, compliant with applicable laws, and does not infringe on any third-party rights. You must review and verify the accuracy and appropriateness of the AI-generated content and CTAs before publishing or using them.

4. Third-Party Content

Captain may use third-party information and research to generate content. We do not guarantee the accuracy or reliability of such third-party content. You are responsible for verifying the accuracy and legality of any third-party content included in your final content.

5. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE PROVIDER OF CAPTAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE CAPTAIN, OR ANY OTHER MATTER RELATING TO CAPTAIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE PROVIDER OF CAPTAIN FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.

6. No Warranties

CAPTAIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PROVIDER OF CAPTAIN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PROVIDER OF CAPTAIN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CAPTAIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CAPTAIN OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER OF CAPTAIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF CAPTAIN IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

7. Pricing and Payment

Captain offers three pricing tiers: (a) $279/month for access to engagement tools and insights; (b) $529/month for full platform access; and (c) an Enterprise tier with pricing to be discussed. Payments are automatically collected monthly. Users may cancel their subscription at any time. Upon cancellation, users will retain access to the platform until the end of the billing period for which they have paid. No refunds will be provided for any remaining time in the billing period after cancellation.

8. Free Trial

Captain offers a 7-day free trial. Users are required to enter their payment method to access the trial. Users will not be charged until the trial period ends and may cancel at any time during or after the trial.

9. Ownership of AI-Generated Content

The paying customer retains ownership of all AI-generated content created using Captain, including but not limited to text, imagery, audio, and video content. This ownership is subject to the following conditions:

• Compliance with Laws: The customer is responsible for ensuring that the use of AI-generated content complies with all applicable laws and regulations, including copyright laws and any laws specifically governing AI-generated works.
• Attribution: Where applicable, the customer must provide appropriate attribution for AI-generated content, in accordance with any requirements set forth by the provider of Captain or relevant laws and regulations.
• Licensing: The customer may license the AI-generated content to third parties, provided that such licensing is in compliance with these Terms and any applicable laws and regulations.
• Intellectual Property Rights: The customer acknowledges that while they retain ownership of the AI-generated content, the underlying algorithms, software, and technologies used by Captain to generate the content are the intellectual property of the provider of Captain or its licensors. It is important to note that the legal landscape regarding the ownership of AI-generated content is evolving. In some jurisdictions, there may be limitations or specific regulations governing the ownership and use of AI-generated works. Customers are advised to consult with legal counsel to ensure compliance with all relevant laws and regulations.

10. Non-Solicitation - Agencies

For a period of three (3) months following the termination of a subscription to Captain for a client domain managed and added to the Captain platform by an agency ("Agency Client"), whether by cancellation, non-renewal, or otherwise, Captain agrees not to directly solicit, approach, or engage in any business transactions with any Agency Client, if such transactions are similar to the services Captain was providing to the Agency Client. This non-solicitation obligation applies regardless of whether the Agency Client independently approaches Captain with an unsolicited inquiry or proposal. Captain shall seek the agency's approval before engaging in any such similar business transactions with these Agency Clients during this restricted period.

11. Governing Law and Jurisdiction

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

12. Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN THE LOCATION WHERE THE PROVIDER OF CAPTAIN IS BASED, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE PREVAILING PARTY IN ANY ARBITRATION OR LEGAL PROCEEDING ARISING UNDER THESE TERMS SHALL BE ENTITLED TO RECOVER ITS ATTORNEYS' FEES AND COSTS.

13. Waiver and Severability

THE FAILURE OF THE PROVIDER OF CAPTAIN TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THESE TERMS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.

14. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF CAPTAIN MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This limitation period applies to all causes of action or claims, including but not limited to breach of contract, breach of warranty, tort (including negligence), strict liability, misrepresentation, or any other legal or equitable claim or cause of action arising from or related to the use of Captain or these Terms.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Your continued use of Captain after any such changes constitutes your acceptance of the new Terms.

16. Contact Information

If you have any questions about these Terms, please contact us at cap@contentcaptain.io.

By using Captain, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Commentary Feature Terms and Conditions

These terms and conditions ("Terms") govern the use of the audio commentary and testimonial collection feature ("Feature") provided by Captain ("Captain", "we", "us", or "our"). By using the Feature, you ("Brand", "you", or "your") agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Feature.

1. Collection and Usage of Audio Commentary and Testimonials

1.1 Submission of Audio Commentary and Testimonials

By utilizing the Feature, individuals ("Commentators") may submit audio commentary, testimonials, or perspectives ("Commentary"). You understand and agree that once submitted, the Commentary may be transcribed into text format and used as described in these Terms.

1.2 Ownership and Usage Rights

Commentators retain ownership of the Commentary they submit. However, by submitting Commentary, Commentators grant Captain and the Brand a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute the Commentary in any form or medium for the purposes of creating and publishing content.

1.3 Polishing and Adjustments

Captain and the Brand may make minor adjustments or edits to the transcribed Commentary to ensure clarity, accuracy, and coherence. These adjustments will be made solely for the purpose of enhancing the quality of the content and will not alter the substance or meaning of the original Commentary.

2. Brand Responsibilities

2.1 Acknowledgment of Original Commentators

The Brand acknowledges that the Commentary submitted by individuals contributes to the content created using the Feature. Where relevant, the Brand agrees to acknowledge or attribute the original commentators in their published content.

2.2 Compliance with Applicable Laws

The Brand agrees to comply with all applicable laws, regulations, and guidelines governing the collection, use, and dissemination of personal data and audio content, including but not limited to data protection laws and regulations.

3. Rights and Permissions

3.1 Brand's Rights to Publish

The Brand is granted full usage rights to publish the Commentary across web and social media platforms. This includes the right to modify, adapt, and create derivative works from the Commentary, provided that such modifications do not misrepresent the original meaning or intent of the Commentary.

3.2 No Further Permissions Required

By submitting Commentary, individuals agree that Captain and the Brand do not need to seek any further permissions to use the Commentary as outlined in these Terms.

4. Indemnification

4.1 Brand Indemnification

By using the Feature, the Brand agrees to indemnify, defend, and hold harmless Captain and its affiliates, officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Brand's use of the Feature, including any breach of these Terms or violation of any applicable laws or regulations.

5. Limitation of Liability

5.1 No Warranties

The Feature is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. Captain makes no warranties or representations regarding the accuracy, completeness, reliability, or suitability of the Feature for any particular purpose.

5.2 Limitation of Liability

In no event shall Captain or its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with the use of the Feature or these Terms.

6. Miscellaneous

6.1 Modifications

Captain reserves the right to modify or revise these Terms at any time, without prior notice. Your continued use of the Feature after any such changes will constitute your acceptance of the revised Terms.

6.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of state of Delaware, without regard to its conflict of laws principles.

6.3 Contact Us

If you have any questions or concerns about these Terms, please contact us at cap@contentcaptain.io. By using the Feature, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Feature.