1. Acceptance of Terms

By accessing or using CapturaPro ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

CapturaPro is an AI-powered photo enhancement service operated by Media3 Labs Corporation. The Service provides users with the ability to:

• Upload and enhance photographs using AI technology
• Generate AI-powered captions and hashtags for images
• Transform images to various aspect ratios for social media platforms
• Access enhanced images optimized for Instagram, Facebook, LinkedIn, and other platforms

3. User Accounts

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and identification
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Subscription Plans and Payment

4.1 Free Plan

The Service offers a free plan that includes 3 image enhancements per month. The free plan is subject to change or discontinuation at any time without notice.

4.2 Pro Plan

The Pro plan is available for $9.99 per month and includes unlimited image enhancements, subject to our fair use policy. By subscribing to the Pro plan, you agree to pay the subscription fee on a monthly recurring basis.

4.3 Payment Terms

• Payments are processed through our third-party payment processor (Stripe)
• Subscriptions automatically renew each month unless cancelled
• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods
• We reserve the right to change our pricing with 30 days notice

5. Usage Limits and Fair Use Policy

While Pro plan subscribers have access to "unlimited" image enhancements, we reserve the right to limit excessive usage that goes beyond fair use guidelines. Fair use is defined as usage that is reasonable for individual or small business use and does not:

• Exceed reasonable usage thresholds that we may establish from time to time
• Involve automated or scripted bulk processing
• Resell or redistribute the Service to third parties
• Use the Service in a manner that degrades performance for other users

If we determine that your usage exceeds fair use, we may contact you to discuss appropriate usage levels or suspend your account. We reserve the right to modify these limits at any time.

6. User Content

You retain all ownership rights to images and content you upload to the Service ("User Content"). By uploading User Content, you grant Media3 Labs Corporation a limited, non-exclusive, royalty-free license to:

• Process and enhance your images using our AI technology
• Store your images temporarily to provide the Service
• Generate captions and hashtags based on your images

You are solely responsible for ensuring that you have the right to upload and process any User Content. You represent and warrant that your User Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights.

7. Prohibited Uses

You agree not to use the Service to:

• Upload content that is illegal, harmful, threatening, abusive, or violates any laws
• Upload content that infringes on intellectual property rights of others
• Upload explicit, pornographic, or offensive content
• Attempt to reverse engineer, decompile, or extract the source code of the Service
• Use automated systems or bots to access the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Resell, redistribute, or sublicense access to the Service
• Use the Service for any commercial purpose that competes with our business

8. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Media3 Labs Corporation and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. The CapturaPro name and logo are trademarks of Media3 Labs Corporation.

Enhanced images generated by the Service are owned by you, subject to the license granted in Section 6. AI-generated captions and hashtags are provided for your use but remain the property of Media3 Labs Corporation.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and stored content
• You remain liable for all amounts due up to the date of termination

You may terminate your account at any time by cancelling your subscription and contacting us to delete your account.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

AI-generated content, including captions and hashtags, is provided for informational purposes only and may not always be accurate or appropriate. You are responsible for reviewing and verifying all AI-generated content before use.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIA3 LABS CORPORATION 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 RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or your account
• Any errors or omissions in the Service
• Any loss or damage to your User Content

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

12. Indemnification

You agree to defend, indemnify, and hold harmless Media3 Labs Corporation and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service, your User Content, or your violation of these Terms.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of competent jurisdiction.

15. Contact Information

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

Media3 Labs Corporation
Email: info@media3labs.com

16. Entire Agreement

These Terms constitute the entire agreement between you and Media3 Labs Corporation regarding the Service and supersede all prior agreements and understandings, whether written or oral.