Terms of Service for NoCap

Last Updated: December 23, 2024

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of NoCap ("Service," "App," "we," "us," or "our"), including our mobile application, website, and related services. By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

NoCap is a content scanning service that uses artificial intelligence to analyze photos and videos for potentially inappropriate or unsafe content. The Service includes:

• AI-powered content analysis for photos and videos
• Scan history tracking
• Token-based scanning system
• Free daily scans and gaming features to earn additional scans
• Premium token purchases for additional scanning capacity

3. Eligibility

You must meet the following requirements to use NoCap:

• Be at least 13 years of age
• If you are between 13 and 18, you must have parental or guardian consent
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws

4. Account Registration and Security

4.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access to your account
• You are responsible for all activities that occur under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms of Service
• You engage in fraudulent or illegal activities
• You abuse the Service or attempt to circumvent usage limits
• We are required to do so by law

5. Acceptable Use Policy

5.1 Permitted Use

You may use NoCap for:

• Scanning your own content before sharing
• Analyzing content you have legal rights to scan
• Personal, non-commercial purposes

5.2 Prohibited Conduct

You agree NOT to:

• Upload or scan content that you do not have the right to use
• Use the Service to scan illegal, harmful, or abusive content
• Scan content depicting minors in inappropriate situations
• Attempt to reverse engineer, decompile, or hack the Service
• Use automated tools (bots, scrapers) to access the Service
• Share your account credentials with others
• Resell or redistribute the Service without authorization
• Attempt to bypass token limits or payment systems
• Use the Service to harass, threaten, or harm others
• Violate any applicable laws or regulations

6. Content and Intellectual Property

6.1 Your Content

• You retain all ownership rights to content you upload
• By uploading content, you grant us a temporary license to process and analyze it
• We do not claim ownership of your content
• You represent that you have all necessary rights to upload and scan the content

6.2 Our Intellectual Property

• NoCap, its logo, and all related marks are our property
• The Service's software, algorithms, and design are protected by copyright and other laws
• You may not copy, modify, or distribute our intellectual property without permission

7. Tokens and Payments

7.1 Token System

• Scanning content requires tokens
• You receive free daily scans when you create an account
• Additional tokens can be earned through in-app gaming or purchased
• Tokens have no cash value and cannot be refunded or transferred
• Tokens do not expire while your account is active

7.2 Purchases

• Token purchases are processed through Stripe
• All sales are final and non-refundable except as required by law
• Prices are subject to change with notice
• You are responsible for any applicable taxes

7.3 Refund Policy

• Tokens are generally non-refundable once purchased
• Refunds may be granted at our discretion in cases of technical errors or service outages
• Contact us within 7 days of purchase to request a refund review

8. Service Availability and Limitations

8.1 Service Availability

• We strive to provide reliable service but cannot guarantee 100% uptime
• The Service may be temporarily unavailable for maintenance or updates
• We reserve the right to modify or discontinue features at any time

8.2 Accuracy Disclaimer

Important: NoCap uses AI technology that, while advanced, is not perfect:

• Scan results are provided as guidance only, not absolute determinations
• False positives and false negatives may occur
• You should use your own judgment in addition to scan results
• We are not responsible for decisions made based on scan results

9. Privacy and Data

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. Key points:

• Uploaded content is temporarily processed and not permanently stored
• Scan results are kept in your history for 90 days
• We do not sell your personal information
• You can request deletion of your data at any time

10. Disclaimers and Limitation of Liability

10.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness of scan results
• Warranties of uninterrupted or error-free service

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount you paid us in the past 12 months
• We are not responsible for decisions made based on scan results
• We are not liable for unauthorized access to your account due to your negligence

11. Indemnification

You agree to indemnify, defend, and hold harmless NoCap, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Content you upload or scan

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

12.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except you may assert claims in small claims court if they qualify.

12.3 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and waive your right to participate in class actions or class arbitrations.

13. Changes to Terms

We may modify these Terms at any time:

• Material changes will be communicated via email or in-app notification
• The "Last Updated" date will be revised
• Continued use after changes constitutes acceptance of the new Terms
• If you do not agree to changes, you must stop using the Service

14. Termination

14.1 Your Right to Terminate

• You may delete your account at any time
• Unused tokens are forfeited upon account deletion

14.2 Our Right to Terminate

• We may suspend or terminate your account for violations of these Terms
• We may discontinue the Service with 30 days' notice
• Upon termination, your access to the Service and unused tokens will be lost

15. Miscellaneous

15.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

15.2 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.3 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.

15.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NoCap regarding the Service.

15.5 Survival

Provisions that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) will remain in effect after termination.

16. Apple App Store Additional Terms

If you access the Service through the Apple App Store:

• These Terms are between you and NoCap only, not Apple
• Apple has no obligation to provide maintenance or support
• Apple is not responsible for addressing any claims related to the Service
• In case of third-party intellectual property infringement claims, Apple will not be responsible
• Apple and its subsidiaries are third-party beneficiaries of these Terms

17. Google Play Store Additional Terms

If you access the Service through Google Play:

• You must comply with the Google Play Terms of Service
• Google is not responsible for the Service or these Terms

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