Terms of Use

Last Updated: March 21, 2025

These Terms of Use (“Terms”) govern your access to and use of the Capturalab website and web application (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy (which is incorporated by reference). If you do not agree with these Terms or the Privacy Policy, you should not use the Services.

Capturalab’s website is designed to offer you a seamless experience. You will find clear navigation paths integrated within our site’s layout—through the header, footer, and various in-text links—allowing you to visit our Home page for an overview of our latest projects, our Services page for detailed information on our offerings, our Portfolio page showcasing our work, our Privacy Policy page explaining how we protect your personal data, our FAQ page to understand our workflow, and our Contact Us page for any inquiries or support. This structure ensures you can easily explore and transition between sections as you engage with our content.

These Terms constitute a binding agreement between you (“User,” “you,” or “your”) and Capturalab (“Capturalab,” “we,” “us,” or “our”). Please read them carefully.

1. Eligibility and User Accounts

1.1 Eligibility (Adults Only)

Capturalab’s Services are intended for use by adults (18 years or older) and business entities. By using the site or registering an account, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into a binding contract. The Services are not for use by minors. We reserve the right to request proof of age if needed.

If you are using our Services on behalf of a company or other organization, you represent that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

1.2 Account Registration

To access certain features of our webapp (such as project management and file sharing), you need to create an account. When registering, you agree to provide true, accurate, and complete information about yourself and your company (if applicable). You also agree to keep this information up-to-date.

Each user must have their own account; you should not share your login credentials or allow others to use your account. You are responsible for maintaining the confidentiality of your account login information (username and password) and for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify Capturalab immediately at support@ capturalab.io (or a similar contact).

We are not liable for any loss or damage arising from your failure to protect your account information. You may be held liable for losses incurred by us or others due to such unauthorized use.

1.3 Account Security

You agree to use a strong and unique password for your Capturalab account and to log out at the end of each session, especially when using a shared or public computer. Capturalab employs measures to protect your account (as detailed in our Privacy Policy’s Security section), but you acknowledge that you are also responsible for all activities under your credentials.

We reserve the right to suspend or terminate accounts that we suspect are being used by someone other than the registered user, or for any violation of these Terms.

2. Our Services and Scope of Use

2.1 Description of Services

Capturalab is a concept design visualization studio dedicated to delivering high-quality visual content creation services. Our website functions as a showcase for our portfolio and an information hub for our design offerings, while our web application provides tools to support communication and collaboration throughout the creative process.

As part of our Services, we offer features designed to streamline workflows and facilitate project discussions—enhancements that are meant to complement our core focus on creative design and visualization. For example, our secure file upload/download system enables clients to submit project-related materials (such as creative briefs, reference images, NDAs, and other documents) and retrieve deliverables or drafts provided by Capturalab. Additionally, our interactive proofing interface allows clients to review visual drafts (including images, video clips, animations, and more), offer comments and annotations, and manage project details such as tracking progress and approving or requesting changes at key checkpoints.

All use of our Services must be connected to engaging with our design offerings or collaborating on active projects with Capturalab. Any use of the website or app beyond this intended scope—such as functioning as a general file-sharing platform—is strictly prohibited

2.2 Professional Use

You agree to use our Services for legitimate business and creative purposes in line with the nature of Capturalab’s offerings. While using our platform, you must adhere to professional conduct and courtesy when communicating with our team and any of your collaborators.

The Services are provided for the convenience of our clients and partners. Access to the webapp is generally limited to clients who are engaged with us in a project or who have been invited by Capturalab. We may limit or revoke access if the Services are misused.

3. Content and Uploads

3.1 User Content Definition

“User Content” refers to any content that you (or other users) upload, post, or otherwise transmit to or through the Capturalab Services. This includes but is not limited to text, images, videos, documents, feedback comments, or any other materials uploaded to the webapp in the course of a project.

3.2 Ownership of User Content

You retain all rights and ownership of your User Content. Capturalab does not claim any ownership over materials, designs, or information that you upload to our platform. Subject to the licenses you grant us below, you are free to use your content for any purpose outside our Services.

By uploading or submitting User Content, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions to submit that content and to grant the rights to Capturalab as described in these Terms.
• Your content, and our use of it as permitted by these Terms, does not and will not infringe or misappropriate any third-party intellectual property rights, privacy rights, or other legal rights, and does not contain any material that is unlawful or violates any law.

3.3 License to Capturalab

When you upload or post User Content to our Services, you grant Capturalab a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, and display that content solely for the purpose of providing our services to you and fulfilling your project requests. This means, for example, we have your permission to view and edit the files you provide in order to create the visuals you requested, to display the content to you via the webapp interface, and to temporarily store or backup the content on our servers.

We will not use your User Content for any purposes other than delivering services to you, unless you give us additional permission. For instance, we will not publish or share your project materials or designs with other clients or on our portfolio without your consent.

This license to your content continues until you remove the content from our platform or terminate your account. However, note that removal of content may not immediately delete cached copies or references in backup systems, but we will endeavor to purge content upon your deletion request as described in our Privacy Policy.

3.4 Prohibited Content

You are strictly prohibited from uploading or sharing content through our Services that:

• Violates Laws or Rights: Is illegal, defamatory, libelous, pornographic, obscene, harassing, threatening, or otherwise harmful; infringes or violates any intellectual property rights or privacy/publicity rights of others; or that you do not have the right to transmit.
• Contains Malware: Contains viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Is Unrelated to Projects: Unsolicited bulk content or spam, or materials unrelated to your project with Capturalab.
• Confidential Info of Others: Sensitive personal data or confidential information of others without authorization. (For example, do not upload a third party’s personal data or trade secrets unless you have the legal right to do so and it’s necessary for the project. If an NDA or similar document is uploaded, ensure it only involves parties who have agreed to share it.)

Capturalab reserves the right (but not the obligation) to review, monitor, and remove any User Content that we determine, in our discretion, violates these Terms or applicable law. However, we do not actively pre-screen all content, and you remain solely responsible for what you upload.

3.5 Feedback in the Proofing Interface

Our platform may allow you to provide comments, notes, and other feedback on project drafts. By providing feedback or suggestions to Capturalab, you understand that we may use this feedback to improve our services and deliverables. If you provide suggestions or ideas for our services generally (separate from project-specific feedback), you agree that Capturalab may use, modify, and incorporate those suggestions without any obligation to you.

3.6 Capturalab Content

As a user of our Services, you may view or otherwise access Content that is developed and/or published by us (collectively, “Capturalab Content”), such as content published on our website by us, including without limitation articles by us or additional information about us that we may provide.

While we will use reasonable efforts to ensure that any Capturalab Content is complete, accurate, and current, we make no representations or warranties as the to the completeness, accuracy, or currency of any Capturalab Content. All Capturalab Content is provided “AS IS” and we are not responsible for any errors or omissions.

4. Intellectual Property Rights

4.1 Capturalab Intellectual Property

All content and materials provided by Capturalab through the Services—other than User Content—are the property of Capturalab or our licensors and are protected by intellectual property laws. This includes the design and layout of our website and app, text, graphics, logos, images we provide, video or animation samples, software code, and any Capturalab-created visuals or draft deliverables (until such deliverables are finalized and transferred to you as per a service contract).

• Capturalab Content: You may not copy, distribute, modify, or create derivative works from any content on our site or app that is not your own User Content, unless explicitly authorized by us. You are only permitted to view and use Capturalab content as necessary for using the Services for their intended purpose.
• Trademarks: “Capturalab” and our logo and any other Capturalab marks are trademarks or service marks of Capturalab. You are not permitted to use these marks without our prior written consent. All other trademarks appearing on our site are the property of their respective owners.
• Portfolio and Case Studies: Unless otherwise agreed, Capturalab may have separate terms in our client agreement about using final project deliverables in our portfolio or case studies. These Terms of Use do not automatically grant us rights to use your project deliverables publicly, nor do they grant you rights to our marketing materials. Such usage will be handled by mutual agreement outside of these Terms.
• Content Licensing: All materials available on our website or webapp—including images, text, animations, and videos—are protected by copyright and are the exclusive property of Capturalab. Unauthorized reproduction, modification, distribution, or any other use of these materials is strictly prohibited, except that sharing images, videos, or animations on social media is allowed only if proper attribution is given to capturalab.io. Should you wish to license any of our materials for uses beyond this, please contact us at contact-us@ capturalab.io.

4.2 Client Project Deliverables

The intellectual property ownership of final project deliverables (the visuals we create for you) will typically be governed by the service agreement or contract between you and Capturalab for that project. These Terms do not change any such agreement. Generally, once a project is completed and paid for, the deliverables might become your property or licensed to you as agreed. Until that point (e.g., during the draft stage), those works are Capturalab’s intellectual property. We trust our clients to respect our work and not use or distribute draft materials or concepts beyond the scope of evaluating them for the project.

If no separate agreement exists, then by default:

• Capturalab retains ownership of all drafts, preliminary works, and tools used in creating the visuals.
• Upon final payment for a project, we grant you a license (or ownership, as explicitly agreed) to use the final deliverables for the purposes for which they were commissioned. We will clarify these details with you on a per-project basis.

4.3 Infringement Claims

Capturalab respects intellectual property rights. If you believe any content on our Services infringes your copyright or other IP rights, please contact us at legal@ capturalab.io with details of the alleged infringement. We will investigate and, if appropriate, remove or disable access to the infringing material in accordance with applicable laws (such as the Digital Millennium Copyright Act in the U.S.).

5. Confidentiality

We understand that confidentiality is critical when dealing with creative projects and sensitive client information. Capturalab and the user may have a separate Non-Disclosure Agreement (NDA) or confidentiality clause in a service contract, and those terms will supplement or override this section as applicable. In absence of a separate NDA, the following applies:

• Our Commitment: Any non-public materials or information you provide to Capturalab through the Services (including project briefs, unreleased product designs, NDAs, or business information) will be considered your confidential information. We will use such information only for the purpose of delivering services to you and will not disclose it to anyone outside of Capturalab (except trusted contractors or service providers assisting us, who are bound by similar confidentiality obligations) without your permission, except as required by law.
• Your Commitment: If we share any Capturalab confidential information with you (for example, pre-release content, specific methodologies, or any information we identify as confidential), you agree not to disclose it to any third party or use it for any purpose outside the scope of your project with us.

Both parties agree to take reasonable measures to protect the other’s confidential information and to notify each other if any unauthorized disclosure or breach of confidentiality is discovered.

6. Acceptable Use Policy

In using Capturalab’s Services, you agree to the following rules of conduct:

• Follow the Law: You will comply with all applicable laws and regulations. You will not use the Services for any unlawful purpose or to promote illegal activities.
• Respect Others’ Rights: Do not use our Services to infringe upon the rights of others. This includes not only intellectual property rights and confidentiality (as discussed above) but also privacy rights and rights against harassment or defamation.
• No Abuse of Services: Do not interfere with or disrupt the operation of the Services. This means you will not attempt to hack, overload, or flood the platform, introduce viruses or other harmful code, or circumvent any security or access controls.
• No Impersonation or Misrepresentation: Do not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Services.
• Limited to Intended Use: Do not attempt to scrape, extract, or harvest data from the site for outside use. Do not use automated scripts to collect information or otherwise interact with the Services in a way that exceeds typical human usage.

If you encounter any user content or behavior that violates these rules or appears inappropriate, please report it to us at support@ capturalab.io. We may investigate and take appropriate action.

7. Third-Party Links and Integrations

Our website and webapp may contain links to third-party websites or services that are not owned or controlled by Capturalab. For example, our site might include links to our social media pages (such as Instagram, LinkedIn, or YouTube), or our webapp might provide an integration with a third-party tool (like a collaboration plugin or cloud storage provider).

• Third-Party Websites: If you click on a link to a third-party site, you will be directed to a site outside of Capturalab’s control. We are not responsible for the content, policies, or practices of any third-party websites. Accessing those sites is at your own risk, and your use of them will be governed by their own terms and privacy policies.
• Social Media: Any social media plugins or features (such as an Instagram feed or a share button) on our site may collect your IP address and the page you are visiting, and may set a cookie to enable the feature to function properly. Your interactions with those features are governed by the privacy policy of the respective social media company.
• Third-Party Services in the Webapp: If our platform integrates a third-party service (for example, a tool for file signing, video streaming, or a chat support service), we will inform you and, if necessary, present you with the third party’s terms. We do our best to vet any integrations, but we aren’t liable for their acts or omissions.

We include third-party links or features for your convenience and to improve your experience, but this does not imply any endorsement by Capturalab of those third parties or their content.

8. Disclaimer of Warranties

Capturalab strives to provide a reliable and high-quality service, but we need to make certain disclaimers to protect us legally.

Use at Your Own Risk: You expressly understand and agree that your use of the Services is at your sole risk. The Capturalab website, webapp, and all content, materials, information, and services provided on or through them are provided on an “AS IS” and “AS AVAILABLE” basis.

To the fullest extent permitted by applicable law, Capturalab and its owners, officers, employees, agents, and partners disclaim all warranties and representations, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that:

• The Services will meet your specific requirements or expectations.
• The Services will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Services will be accurate or reliable.
• Any errors or defects in the Services will be corrected.

Any content downloaded or obtained through the use of the Services is done at your own discretion and risk. You are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material.

Capturalab does not guarantee or make any representations regarding the use, or the results of the use, of the content or services in terms of their accuracy, reliability, or otherwise. No advice or information, whether oral or written, obtained by you from Capturalab or through the Services shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall Capturalab or its affiliates, or their respective directors, officers, employees, or agents, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; or any loss of profits, revenues, goodwill, data, or other intangible losses, arising out of or related to your use of (or inability to use) the Services or any content therein, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Capturalab has been advised of the possibility of such damages.

In particular, Capturalab will not be responsible for:

• Loss or damage caused by reliance on any content or information obtained from our Services.
• Mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance of the Services.
• Any unauthorized access to or alteration of your transmissions or content.
• Any content posted or actions taken by other users of the Services.

Cap on Liability: To the extent that liability cannot be disclaimed completely, you agree that the total aggregate liability of Capturalab and its affiliates for any claims arising out of or relating to these Terms or your use of the Services will be limited, at most to the total amount of fees you paid to Capturalab for services in the three (3) months immediately preceding the event giving rise to the liability (if applicable).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that such laws apply to you, some of the disclaimers and limitations above may not apply. In such cases, Capturalab’s liability will be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Capturalab, its parent company (if any), affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

• your access to or use of the Services,
• your violation of any provision of these Terms,
• your violation of any applicable law or regulation,
• your User Content (including any allegation that your content infringes or misappropriates the rights of third parties),
• or your negligence or willful misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which event you will cooperate with us in asserting any available defenses). This indemnity obligation will survive the termination or expiration of your account and these Terms.

11. Termination

11.1 By You

You may stop using our Services at any time. If you wish to terminate your account, you may do so by notifying Capturalab or by using any account closure feature if provided. Termination of your account will be effective once processed by Capturalab. Keep in mind that, upon termination, you may lose access to any data or content stored in your account (so ensure you have backup copies of any important project files).

11.2 By Capturalab

We reserve the right to suspend or terminate your access to the Services (or certain features of the Services) at any time, with or without notice, for any reason, including if we believe you have violated these Terms, if you cease to be an active client, or if we discontinue the Services. We also reserve the right to remove or delete any User Content that we deem violates these Terms or is otherwise objectionable.

In case of termination by us due to your breach of Terms, we may terminate access immediately and without prior notice. If we terminate for a different reason (for example, discontinuation of the platform), we will make reasonable efforts to provide advance notice to registered users.

11.3 Effect of Termination

Upon termination of your use of the Services, whether by you or by us:

• All rights granted to you under these Terms will cease immediately.
• You must stop all use of the Services and destroy any copies of content from the Services in your possession (except for your own User Content, which you may keep).
• Any accrued obligations or liabilities prior to termination (including any payment obligations and the indemnification, confidentiality, and intellectual property provisions) will survive and remain in effect.

If your account is terminated, you will remain responsible for any fees or charges you have incurred prior to termination. Capturalab will not be liable to you or any third party for termination of your access to the Services.

12. Changes to These Terms

Capturalab may modify or update these Terms of Use from time to time. When we do, we will update the “Last Updated” date at the top of this document. For significant changes, we may also notify you by additional means (for example, by email to registered users or by placing a prominent notice on our website or in the webapp).

It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services after any modifications to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you must stop using the Services.

13. General Provisions

13.1 Governing Law

These Terms and any dispute arising out of or in connection with them or the Services will be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. However, we recognize that as a global service, you may have certain consumer rights under your local laws. These Terms are not intended to limit your mandatory rights under local law.

13.2 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms or relating to the Services shall be brought exclusively in the federal or state courts located in Delaware, and the parties consent to the personal jurisdiction and venue in these courts. Notwithstanding the foregoing, Capturalab reserves the right to seek injunctive relief in any jurisdiction if necessary to prevent misuse of its intellectual property or confidential information.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Capturalab.

13.4 Severability

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

13.5 Assignment

You may not assign or transfer these Terms (or any of your rights or obligations herein) without our prior written consent. Capturalab may freely assign these Terms, in whole or in part, including to a successor entity in the event of a merger, acquisition, or sale of assets.

13.6 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or terms explicitly incorporated herein, constitute the entire agreement between you and Capturalab regarding the use of the Services. They supersede any prior agreements or understandings, whether written or oral, regarding the same subject matter. In case of a conflict between these Terms and any service-specific agreement (for example, a separate contract for a design project), that separate contract will govern with respect to the specific project or services it covers.

14. Contact Information

If you have any questions about these Terms or need to contact us for any reason relating to the Services, please reach out to us:

• Email (Support): support@ capturalab.io (for general inquiries or to report any issues with the Services)
• Email (Legal): legal@ capturalab.io (for questions about these Terms or to send notices such as copyright infringement claims)

You can also find other contact details on our Contact Us page.