CaptionMe is a mobile application for iOS, iPadOS, AppleTV and MacOS platforms, developed and offered to you by Sky-High company. (“Provider”). They enable its users to add customised captions to the videos. Your use of the CaptionMe mobile applications and all the related services provided through it (collectively referred as “ CaptionMe”) is subject to the terms of a legally binding agreement (“Terms”) between you and the Provider. CaptionMe is currently available for download free of charge, however, it contains one-time payment or subscription in-app purchases to unlock additional features (collectively referred as “Pro” or “Pro” features).
These Terms regulate the legal relationship between you and the Provider. You may not use CaptionMe if you don’t accept them. The Terms are always made available to you prior to the download of the CaptionMe application. By downloading, installing, using, or otherwise accessing CaptionMe, you are expressing your acceptance and willingness to be bound by the Terms. You may not accept these Terms unless you are at least 13 years of age and you have sufficient legal capacity to enter into a contract. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use the CaptionMe application.
Term and Termination
The Terms will remain in full force and effect while you use the CaptionMe application and until terminated by either you or the Provider. Termination always includes deletion of your user account and all related data and content, unless your data and content have been shared with other users, and they have not deleted them. You may terminate the Terms at any time and for any reason by sending a written notice to the address of the Provider and deleting the CaptionMe application. Refund of your purchases is not possible. The provider may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms, you are not entitled to any refunds.
When there are changes in laws or regulations, conditions in the financial services markets, technology or organizational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through CaptionMe application, Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, registering a user account, or Paid features and prices. You will be notified about the planned changes in advance through the CaptionMe application and via e-mail (with the updated Terms attached as a link to the original web page) if you have entered the email to subscribe to our newsletter. From time to time, the Provider may amend the Terms at its sole discretion. You will be notified about the planned changes in advance through the CaptionMe application or via e-mail. Updated Terms will be posted to this page 14 days prior to the effective date. By continued use of CaptionMe, you are expressing your acceptance of the changes. If you don’t agree with the changes, you may terminate the Terms at any time.
Your use of CaptionMe
You must use CaptionMe only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws.
Registration and User Account
On iOS and macOS CaptionMe works without the need to sign up or register an account.
User generated content
You may enter and upload texts, numerical data, photos or other content to the CaptionMe application. You retain copyright and any other rights to the content that qualifies for legal protection. For such content, you grant Provider a worldwide non-exclusive, no-charge, and royalty-free license to use it in the connection with the provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms. You are solely responsible for any content you provide and for any consequences thereof. You may not enter or upload unlawful content or content that infringes the copyright or any other third-party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory, or otherwise illegal and share it with other users of the CaptionMe applications. The provider does not review the user content but reserves the right to remove or disable access to any user content for any reason. The provider has no responsibility for the accuracy of the content you provided or which was created by the CaptionMe applications based on your input. You are solely responsible for backing up the content you enter or upload to CaptionMe.
No professional advice
Based on your user content (particularly synchronized payment account data or manual input data) CaptionMe may provide you with personalized advice relating to financial health (such as measures and analyses of various financial indicators) or commercial offers (ads), or financial literacy advice. You hereby acknowledge and agree that such advice or commercial offers do not constitute professional financial, tax, accounting, investment or any other professional advice and Provider makes no representations or warranties of any kind related thereto. In no event shall Provider be liable for any damages caused to you or a third person arising out of your use of such financial advice or commercial offers.
License and ownership
CaptionMe application and all rights therein, including intellectual property rights, shall remain Provider’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below. Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable license, to access and use CaptionMe and its PRO features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Third-party services or libraries included in CaptionMe applications are licensed to you either under these Terms, or under the third party’s license terms, if applicable. Based on your license, you may not access CaptionMe applications with other means than the official platforms and apps provided by Sky-High LLC, mine or extract any data from CaptionMe databases, modify, reverse engineer, decompile, disassemble or create derivative works of the CaptionMe application or any part thereof and circumvent any technology used to protect the paid PRO features. You also may not rent, lease, lend, sell, transfer, redistribute, or sublicense the CaptionMe application.
Hardware and System Requirements
Information about the current hardware and system requirements of CaptionMe, technical restrictions, and other limitations are always available on the platform-specific page of the application.
Maintenance and Support
CaptionMe subject to continuous development and the Provider reserves the right, at its sole discretion, to update the CaptionMe applications, change the nature of the CaptionMe applications or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update CaptionMe. The provider does not guarantee an uninterrupted provision of the services. CaptionMe may be temporarily unavailable due to maintenance, certain technical difficulties, or other events that are beyond Provider’s control. If you have some questions, problems, or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of CaptionMe is limited due to the limited capacity of the Provider.
Pro Features and Prices
CaptionMe application is available for download free of charge. The free version allows you to use the basic features of CaptionMe. You can unlock the Pro features by in-app purchases. Depending on the type of paid feature/features, they can be offered as a subscription-based in-app purchase. The user will be notified accordingly inside the app. Current detailed information about the in-app purchase offer is always available on the platform-specific page of CaptionMe or within the CaptionMe application. Current detailed information about the subscription offer is always available in the CaptionMe application. Subscriptions are concluded for the term specified in your order. You can choose between 1 month and 3 months and 12 months terms. Pro features unlocked by a recurring automatic subscription will be renewed automatically up to 24 hours before the expiration date. Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax). The provider does not guarantee that CaptionMe or any of its current free or paid features will always be free or at the same price and reserves the right, at its sole discretion, to change the pricing at any time. Downloading or using CaptionMe may incur additional costs for the internet connection. You shall bear all such costs relating thereto.
Payments and Refunds
You can purchase selected Pro features simply by pressing the “BUY” button in the platform in-app purchase dialogue which summarizes information about billing type, price, and term. By pressing the “BUY” button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible. In case you are a consumer with your normal place of abode or residence in the European Union, by pressing the “BUY” button you also consent that the contractual performance will start immediately and you acknowledge that for this reason, you lose your right of withdrawal. Payment is due and payable immediately upon completion of the purchase process. Performance starts immediately after a successful transaction by unlocking Pro features in CaptionMe. It proceeds by electronic means and is not subject to any extra fees. If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out. The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and CaptionMe will be downgraded. Available payment methods, include but are not limited to, credit and debit cards, gift cards, or PayPal and may vary according to the distribution platform. The provider itself doesn’t store any payment information or process payments. Distribution platforms, payment solution providers, or their contractors are solely responsible for the payment processing. Refunds for the in-app purchases are generally not provided.
The provider may offer subscriptions with a specified trial period without payment. However, you are required to provide your payment details to start such a subscription. The regular subscription plan with your selected term will begin automatically after the expiry of the trial period unless you cancel it before the period runs out. The first payment for the subscription will process on the first day following the end of the trial period. By starting the subscription with a trial period and providing your payment details you agree with possible future charges for the subscription.
You agree to indemnify and hold Provider, its directors, officers, employees, and other representatives, harmless from any and all third-party claims arising from your use of CaptionMe, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs, and attorneys’ fees.
For Apple device users
You acknowledge that the Terms are concluded between you and the Provider only, not with Apple, and that the Provider, not Apple, is solely responsible for the App and the content thereof, excluding user content. The license granted to you must be limited to use CaptionMe only as permitted by the Usage Rules set forth in the App Store Terms of Service, Provider and not Apple is solely responsible for providing any maintenance and support services with respect to CaptionMe. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to CaptionMe. In the event of any failure of CaptionMe to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to CaptionMe, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Provider. Provider, not Apple, is responsible for addressing any your or third party claims relating to CaptionMe or your possession and/or use of CaptionMe, including, but not limited to, product liability claims, any claim that the CaptionMe fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation. You acknowledge that, in the event of any third party claim that CaptionMe or your possession and use of CaptionMe infringes that third party’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Governing Law and Disputes
Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of Ukraine. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the Provider.
If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.
English is a primary language of communication between you and the Provider. All information about CaptionMe is available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional contracts concluded pursuant to the Terms.