Terms of Service

Acceptance of terms

By downloading, installing, accessing, or using SuperCapture ("the Software"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Software. These Terms constitute a legally binding agreement between you and Awesome Machinery, LLC ("Company," "we," "us," or "our"), a Delaware limited liability company.

Description of service

SuperCapture is a macOS application for screen capture, video and audio recording, OCR text recognition, AI-powered categorization, and gallery management. The Software is available in both free and paid versions, with certain features restricted to paid users.

License grant and restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Software on devices you own or control, solely for your personal or internal business purposes.

You may not:

• Copy, modify, distribute, sell, lease, sublicense, or resell the Software or any portion thereof
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use the Software to develop a competing product or service
• Circumvent or disable any licensing, security, or access-control mechanisms

Payments and billing

App Store purchases. If you purchase the Software or any in-app purchases through the Apple App Store, your transaction is governed by Apple's terms and conditions. Apple handles all billing, payment processing, and applicable taxes for App Store transactions.

Direct purchases. If you purchase the Software or a license directly through our website, payment is processed by our third-party payment provider. You agree to provide accurate and complete billing information and authorize us to charge the applicable fees.

We reserve the right to change our pricing at any time. If you are on a paid plan, price changes will take effect at your next billing cycle, and we will provide reasonable advance notice of any price increases.

Refunds and chargebacks

App Store purchases. Refunds for purchases made through the Apple App Store are handled exclusively by Apple in accordance with their refund policies. We do not process refunds for App Store transactions.

Direct purchases. If you purchased the Software directly from us, you may request a refund within thirty (30) days of purchase. Refund requests are evaluated at our sole discretion. To request a refund, contact us at legal@supercapture.io.

Chargebacks. You agree to contact us to resolve any billing disputes before initiating a chargeback or payment dispute with your bank or payment provider. Filing a fraudulent or unwarranted chargeback constitutes a breach of these Terms and may result in immediate termination of your license, collection of any amounts owed, and pursuit of all available legal remedies.

Free and paid tiers

The free version of the Software is provided as-is with a limited feature set. Paid features are available through a one-time purchase or subscription, depending on the offering. We reserve the right to change which features are included in free and paid tiers at any time. We are not obligated to maintain, support, or update the free version of the Software.

Disclaimer of warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR RESULTS OBTAINED THROUGH THE SOFTWARE.

YOU ACKNOWLEDGE THAT THE SOFTWARE INTERACTS WITH YOUR LOCAL FILE SYSTEM AND THAT, WHILE WE STRIVE TO PREVENT DATA LOSS OR CORRUPTION, WE CANNOT GUARANTEE THAT THE SOFTWARE WILL NOT CAUSE UNINTENDED MODIFICATIONS, DELETIONS, OR DAMAGE TO YOUR FILES, DATA, OR SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the fullest extent permitted by applicable law.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AWESOME MACHINERY, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Awesome Machinery, LLC and its officers, directors, members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use or misuse of the Software; (b) your violation of these Terms; or (c) your violation of any applicable law or regulation.

Intellectual property

The Software, including all code, design, graphics, logos, trademarks, and documentation, is the exclusive property of Awesome Machinery, LLC and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership interest in the Software. All rights not expressly granted herein are reserved.

Content you create using the Software (such as screenshots, recordings, and annotations) remains your property. We claim no ownership over your content.

Acceptable use

You agree not to use the Software to:

• Violate any applicable local, state, national, or international law or regulation
• Capture, record, or distribute content that you do not have the right to capture or share
• Infringe on the intellectual property, privacy, or other rights of third parties
• Engage in any activity that is harmful, fraudulent, deceptive, or abusive
• Interfere with or disrupt the integrity or performance of the Software

Termination

We may suspend or terminate your license to use the Software at any time, with or without cause, and with or without notice, if we believe you have violated these Terms. Upon termination, your right to use the Software ceases immediately, and you must uninstall and destroy all copies of the Software in your possession.

You may stop using the Software at any time. Sections of these Terms that by their nature should survive termination — including but not limited to Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration, and Governing Law — shall survive.

Dispute resolution and mandatory arbitration

Informal resolution. Before filing any formal proceeding, you agree to first contact us at legal@supercapture.io and attempt to resolve the dispute informally for at least thirty (30) days.

Binding arbitration. If the dispute is not resolved informally, you and Awesome Machinery, LLC agree to resolve any claims relating to these Terms or the Software through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in the State of Delaware or, at your election, may be conducted remotely. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Small claims exception. Either party may bring an individual action in small claims court in the State of Delaware if the claim qualifies.

Class action waiver

YOU AND AWESOME MACHINERY, LLC AGREE THAT EACH PARTY 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Awesome Machinery, LLC agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Delaware.

Changes to these terms

We reserve the right to modify these Terms at any time. If we make material changes, we will update the effective date at the top of this page and, where practicable, provide notice through the Software or on our website. Your continued use of the Software after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Software.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Awesome Machinery, LLC regarding your use of the Software and supersede all prior agreements, understandings, and communications, whether written or oral.

Contact

If you have questions about these Terms of Service, you can reach us at legal@supercapture.io.