Terms of Use
Welcome to the website of Hey Capto Inc., a Delaware corporation (“Hey Capto”). Hey Capto is sometimes referred to herein as “we,” “us,” “our,” “Hey Capto” or “Company”. These Terms of Use (these “Terms”) govern your access to and use of www.heycapto.com, other Internet sites on which these Terms are posted, Hey Capto’s web products, web applications, software, systems, and related products and services accessed through the foregoing (collectively, the "Site"). "You" refers to the person accessing or using the Site and the business entity or organization on whose behalf that person accesses or uses the Site. Certain features of the Site may be subject to additional terms, guidelines, customer agreements, order forms, or policies. Those additional terms are incorporated by reference, and if there is a conflict, the applicable written customer agreement or order form controls over these Terms for the conflicting subject matter.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR USE, AND/OR VISITATION, OF THE SITE. BY ACCESSING OR USING THE SITE OR OTHERWISE INDICATING YOUR ACCEPTANCE (OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU) YOU ARE ACCEPTING THESE TERMS AND OUR PRIVACY POLICY, FOUND AT www.heycapto.com/privacy, INCORPORATED HEREIN BY REFERENCE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU (1) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND (2) YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR THE PRIVACY POLICY, OR IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THE SITE IS A BUSINESS-TO-BUSINESS PLATFORM. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE ACCESSING THE SITE IN A BUSINESS CAPACITY ON BEHALF OF YOUR EMPLOYER OR ORGANIZATION. THE SITE IS NOT DIRECTED TO INDIVIDUALS UNDER THE AGE OF 18, AND HEY CAPTO DOES NOT KNOWINGLY COLLECT INFORMATION FROM MINORS.
Hey Capto may modify these Terms at any time by updating this posting. Changes apply prospectively after they are posted, unless a different effective date is stated or a separate customer agreement provides otherwise. Your continued use of the Site after changes become effective indicates your acceptance of the updated Terms. You should review these Terms periodically for updates.
Use of Content
The content contained on Site, such as text, graphics, images, audio, videos and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Hey Capto or by third parties that have licensed their Content to Hey Capto. By using the Site, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Hey Capto. The Company name, the terms Hey Capto Inc. and Hey Capto, the Company logo, and all related names, terms, logos, product and service names, designs, and slogans are trademarks of Hey Capto or its affiliates or licensors. You must not use such marks without the prior written permission of Hey Capto. There are no implied licenses granted under these Terms unless expressly stated in these Terms. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Site is configured to enable the download of particular Content, you may download such Content for your internal business purposes, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose other than for your internal business purposes without the prior written permission of Hey Capto, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.
You may not, without the prior written permission of Hey Capto, “mirror” on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Hey Capto. The trademarks, logos and service marks (the “Marks”) displayed on the Site are owned by Hey Capto or third parties. You are prohibited from use of those Marks without the express, written permission of Hey Capto or such third party.
In the event that we offer downloads of software on the Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your internal business purposes. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, HEY CAPTO HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, HEY CAPTO SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.
Your Right to Create or Post Content
The Site does not, as of the effective date of these Terms, provide a public posting, social, or community feature. The Site may, now or in the future, allow users to submit, upload, generate, or otherwise make available data, files, reports, property inspection information, or other materials (collectively, "Content"). Any such Content is private to the applicable account or organization except as expressly authorized by you or your organization, as necessary to provide the Site, or as otherwise provided in these Terms, the Privacy Policy, or an applicable customer agreement.
You are responsible for any Content that you generate using our services and tools of the Site, including its legality, reliability, and appropriateness. By generating and submitting Content to the Site, you grant us the right and license to use, modify, reproduce, and distribute such Content as necessary to operate, secure and provide the Site to you and to fulfill our obligations under these Terms. You retain any and all of your rights to any Content you create, submit, or display on or through the Site and you are responsible for protecting those rights. The Site is not a peer-to-peer or social platform; Content submitted to the Site is private to your account and is not made available to other users of the Site for their use except as expressly authorized by you or your organization. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the submission of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
If you remove Content, delete your account or if your subscriptions are terminated, we will be permitted to use and retain a copy, including archives, of your Content, confidential information or any information that is related to your account (including Content and personal information) for business purposes related to these Terms and to the extent necessary to meet our legal and compliance obligations (including audit and anti-fraud purposes).
Without limiting the foregoing, to the extent you submit Content to the Site, you grant Hey Capto a worldwide, royalty-free, fully paid-up, sublicensable, transferable, non-exclusive license, during and after the term of these Terms, to use your Content and de-identified, anonymized, aggregated, or statistical derivatives of your Content to operate, secure, support, analyze, train, develop, validate, evaluate, fine-tune, test, and improve Hey Capto artificial-intelligence and machine-learning models, scoring engines, algorithms, datasets, and related products and services. You represent and warrant that you have all rights, consents, notices, and authority necessary to grant this license. Hey Capto will not use this license to publicly identify you or your organization as the source of Content except as authorized by you, your organization, or an applicable customer agreement.
Third Party Content
You acknowledge and agree that certain data, imagery, maps, integrations, analytics, and other materials accessible through the Site may be provided by or derived from third-party providers ("Third-Party Content"). Third-Party Content may include mapping and geospatial services, climate and hazard datasets, property and insurance datasets, public records, customer systems integrated through APIs, and similar sources. Third-Party Content is provided subject to applicable third-party terms. Hey Capto does not guarantee that any particular Third-Party Content will remain available and may modify, replace, or discontinue Third-Party Content at any time. You may not reproduce, retransmit, disseminate, sell, publish, or commercially exploit Third-Party Content except as permitted by these Terms, an applicable customer agreement, or the applicable third-party terms.
Use and Content Restrictions
Hey Capto is not responsible for the content of the Site’s users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not generate or transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Violating the privacy of any third person.
- False information and features.
Without limiting the foregoing, you also agree that you will not, and will not permit any third party to: (i) reverse engineer, decompile, disassemble, attempt to derive the source code of, or attempt to extract the training data, model weights or parameters of, any artificial-intelligence or machine-learning model or component of the Site; (ii) use the Site or any output of the Site in a manner that violates applicable law, including without limitation any law applicable to insurance underwriting, rating, claims-handling or lending decisions, credit decisions, real-estate transactions, fair-housing, anti-discrimination, fair-credit-reporting or consumer-protection (including the Fair Credit Reporting Act, the Equal Credit Opportunity Act and the Fair Housing Act); (iii) use the Site, any Content, or any output of the Site to develop, train or improve any product, model, service or dataset that competes with Hey Capto or the Site; or (iv) use scraping, crawling, bots, or automated tools to access the Site, any Content, or any output of the Site without our prior written permission.
Hey Capto reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content or use of app is appropriate and complies with this Terms, refuse or remove this Content. Hey Capto further reserves the right to make formatting and edits and change the manner any Content. Hey Capto can also limit or revoke the use of the Site if you post such objectionable Content. As Hey Capto cannot control all content posted by users and/or third parties on the Site, you agree to use the Site at your own risk. You understand that by using the Site you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Hey Capto be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
You are responsible for all of your activity in connection with the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Site. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Site.
Accounts
Some products or services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You represent and warrant that (a) all required registration information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such information. You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy www.heycapto.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You also agree to notify us promptly at security@heycapto.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. Hey Capto cannot and will not be liable for any damages, losses, costs, expenses, or liabilities arising from your failure to comply with the above requirements.
You may delete your account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any special terms related to a particular service.
Subscriptions and Purchases
Access to and use of the Site may be subject to a separate customer agreement, order form, master services agreement, end-user license agreement, data processing addendum, or similar written agreement between Hey Capto and you or the organization on whose behalf you access the Site. Those agreements govern commercial terms, subscriptions, fees, billing, renewal, cancellation, refunds, support, service levels, security commitments, data processing, and any negotiated allocation of risk. In the event of a conflict between these Terms and any such separate written agreement, the separate written agreement will control for the conflicting subject matter.
No Insurance, Underwriting, Lending, Legal or Financial Advice
The Site is a decision-support tool that aggregates and analyzes data to assist users in evaluating property-level risk. Risk scores, dashboards, reports and other outputs of the Site are provided for informational and decision-support purposes only and do not constitute (and may not be relied upon as) insurance underwriting decisions, binding coverage opinions, claims-handling decisions, credit or lending decisions, valuation opinions, real-estate appraisals, or legal, financial, tax or other professional advice. Users are solely responsible for any decision they make, or cause to be made, based on outputs of the Site, including compliance with applicable insurance, lending, real-estate, fair-housing, anti-discrimination, fair-credit-reporting and consumer-protection laws. Hey Capto disclaims any liability for any such downstream decision.
Hey Capto’s Liability
Hey Capto makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. Any use of the Site and the Content is at your own risk. Changes are periodically made to Site and may be made at any time. Hey Capto further reserves the right to modify, suspend, or discontinue any service on or feature of the Site (including any changes to or removal of Content) at any time with or without notice to you, and Hey Capto shall not be liable to you or to any third party should it exercise such rights. Some Content on the Site may be provided by third parties, and Hey Capto will not be held responsible for any such Content provided by third parties.
The Content on this website is for convenience and information purposes only. Any information herein is not intended nor does it constitute financial, tax, legal or other advice. You should consult your financial and legal advisors, and independently verify all Content provided through this website before you make decisions. The use of this website and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. HEY CAPTO DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR THE RELATED SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, HEY CAPTO WILL NOT BE RESPONSIBLE FOR THOSE COSTS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR, OR ANY END USER’S, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HEY CAPTO NOR ANY PERSON ASSOCIATED WITH HEY CAPTO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. TO THE FULLEST EXTENT PROVIDED BY LAW, HEY CAPTO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER HEY CAPTO NOR ANYONE ASSOCIATED WITH HEY CAPTO REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HEY CAPTO SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO A HEY CAPTO SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE HEY CAPTO FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
HEY CAPTO IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE SITE.
Disclaimer of Certain Damages and Limitation on Liability
Your use of the Site is at your own risk. If you are dissatisfied with any Content, feature, service, or these Terms, your sole remedy is to discontinue use of the Site, except to the extent an applicable customer agreement provides a different remedy. IN NO EVENT WILL HEY CAPTO OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF HEY CAPTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXCEPT TO THE EXTENT A SEPARATE CUSTOMER AGREEMENT STATES OTHERWISE, HEY CAPTO TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID TO HEY CAPTO FOR THE SITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Links to Other Sites
The Site may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Hey Capto of the contents on such third-party websites. Hey Capto is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.
Third-party Applications
On the Site, you might have an opportunity to download applications that were developed by third parties. Hey Capto is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk. Hey Capto recommends that you seek specialist advice before using or relying on certain tools.
Indemnity
By using the Site, you agree, to the extent permitted by law, to defend, indemnify, and hold Hey Capto and its officers, directors, employees, and agents harmless from and against any third-party claim, action, demand, damages, liabilities, losses, costs, and expenses, including reasonable attorneys fees, arising out of or relating to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable law, or (d) your violation of any rights of a third party. This indemnity is subject to any contrary allocation of responsibility in an applicable customer agreement.
Confidentiality
"Confidential Information" means non-public code, inventions, know-how, product plans, technical information, financial information, business information, data, and other information exchanged under these Terms that is identified as confidential or should reasonably be understood to be confidential based on the nature of the information and the circumstances of disclosure. If the parties have entered into a separate nondisclosure agreement, customer agreement, or other written confidentiality arrangement, that agreement will control to the extent of any conflict with this Section.
Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s Confidential Information to third parties except as permitted by the Terms of Use; and (ii) only use the other party’s Confidential Information to fulfill its obligations and exercise its rights under the Terms of Use. Each party may share the other party’s Confidential Information with its, and its affiliates’, employees, agents or contractors having a legitimate need to know (which, for Hey Capto, includes any subcontractors, vendors and third party providers we may use), provided that the party remains responsible for any recipient’s compliance with the terms of this Section and that these recipients are bound to confidentiality obligations no less protective than this Section.
These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the Confidential Information; (iii) is rightfully obtained by the receiving party from a third-party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party’s Confidential Information. A party may also disclose the other party’s Confidential Information to a party’s advisors, attorneys, actual or bona-fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes, or to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.
Export Control
The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.
Copyright Policy
Hey Capto respects the intellectual property rights of others. It is Hey Capto’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.
To submit a copyright infringement notification to Hey Capto relating to the Site, including but not limited to user submissions or Content, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) or, as applicable, other laws, by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our agent to receive notification of claimed copyright infringement can be reached via email at: dmca@heycapto.com
Dispute Resolution; Governing Law; Venue
Before either party initiates a legal proceeding arising out of or relating to these Terms or the Site, that party must provide written notice describing the nature and basis of the dispute and the requested relief. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after the notice is received, unless emergency equitable relief is reasonably required.
These Terms and any dispute arising out of or relating to these Terms or the Site will be governed by the laws of the State of Delaware, without regard to conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to any applicable customer agreement, the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute that is not resolved informally, and each party consents to personal jurisdiction and venue in those courts. Either party may seek temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction to protect its confidential information, intellectual property, systems, data, or security interests. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
General
These Terms, together with our Privacy Policy and any additional terms incorporated by reference, constitute the agreement between you and Hey Capto regarding use of the Site, except to the extent you or your organization has entered into a separate written customer agreement with Hey Capto. If a separate written customer agreement applies, that agreement controls over these Terms for any conflicting subject matter. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver. Section titles are for convenience only. The word "including" means "including without limitation". If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect and the invalid or unenforceable provision will be modified to the maximum extent permitted by law. Your relationship to Hey Capto is that of an independent contractor, and neither party is an agent or partner of the other. You may not assign or transfer these Terms without Hey Capto's prior written consent; any attempted assignment in violation of this sentence is void. Hey Capto may assign these Terms. These Terms bind permitted assignees.
Copyright © 2026. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
In the event of a complaint, or to request further information, the provider may be contacted in writing at 16 Polo Circle, Colorado Springs, CO 80906, by telephone at (719) 233-0209, or by email at hello@heycapto.com.