Capption Customer Acceptable Use Policy

Last updated: August 5, 2025

Please read this Acceptable Use Policy carefully.

Capption’s Acceptable Use Policy (“AUP”) applies to the use of any product, service, or website provided by Capption LLC, whether we provide it directly or another party provides it to you (each, a “Capption Service”). If you are using any Capption Service, this AUP applies to you.

This AUP helps you ensure compliance with the laws and regulations that apply to the Capption Service. The AUP also protects the interests of all of our clients and their customers, as well as Capption’s goodwill and reputation. Every customer and user agrees to abide by this AUP and is responsible for any violations—by using the Capption Service, you agree to these terms.

You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate. We may also suspend or terminate your use of Capption Services pursuant to our Customer Terms of Service for violations of this AUP.

We update these terms periodically. If you have an active Capption subscription, we will update you by email of any substantive changes or by posting a revised copy on our website. For any significant changes to the mobile app visitor Acceptable Use terms, we will notify end-users via an in-app notification. You agree to review the AUP on a regular basis and always remain in compliance.

1. REPORTING SUSPECTED VIOLATIONS

We encourage users of the Capption mobile app to report suspected violations of this AUP to us by emailing a link of the violating Capption content object to our Abuse Manager. We will investigate, discuss with the content author, and respond appropriately.

If you know of or suspect a violation of this AUP, promptly notify us in writing of the known or suspected violation of this AUP.

2. NO DISRUPTION

You agree not to engage in any of the following activities:

2.1 Property Rights Infringement. Using the Capption Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s accounts, access credentials, domain names, URLs, websites, networks, systems, facilities, equipment, data, other information, business operations, and specific rights to exhibit content such as images, text, sound, translations, branding, intellectual property, physical displays, and translations for which you do not have permission to employ.

2.2 Impersonation. Accessing the Capption Service using another User’s unique login credentials, including reusing or sharing unique login credentials among multiple users.

2.3 Unauthorized Access. Attempting to gain unauthorized access to the Capption Service.

2.4 Unauthorized Reference. Use the Capption Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so.

2.5 Authorized Interfaces. Accessing the Subscription Service other than through our provided interfaces.

2.6 Blacklisting. Use the Capption Service in a way that causes or may cause any Capption IP addresses, Capption domains, or Capption customer domains to be blacklisted. Examples of prohibited actions include (without limitation) include hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program.

2.7 Unreasonable Overload. Employing any automated system, including, “robots,” “spiders,” “offline readers,” or “scrapers”, that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a the Capption app.

2.8 Denial of Service. Using the Capption Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Subscription Service.

2.9 Trade Sanctions Violation. Violating or causing Capption to be in violation of applicable trade and sanctions laws, including:

  • Allowing any Users to access the Capption Service from an embargoed country or region or where such use is restricted by applicable trade law.
  • Allowing access to the Capption Service to any person or entity included in a list of restricted parties maintained by the U.S. government, the European Union, the United Kingdom, the United Nations, or similar regulatory entities.
  • Directly or indirectly exporting, re-exporting, or transferring the Subscription Service or Consulting Services to prohibited countries, regions, or individuals.
  • Permit use of the Subscription Service or Consulting Services in or by prohibited countries, regions, or individuals.

These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

3. PROPER USAGE OF CAPPTION SERVICES

Conform to the following guidelines to ensure the proper usage of Capption Services.

3.1 Prohibited Content. In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Capption Service with content, or in a manner that:

  1. Is threatening, abusive, harassing, stalking, or defamatory.
  2. Is deceptive, false, misleading or fraudulent.
  3. Is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity).
  4. Contains vulgar, obscene, indecent or unlawful material.
  5. Infringes a third party’s intellectual property right(s).
  6. Publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so.
  7. Uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer.
  8. Downloads any file that you know, or reasonably should know, cannot be legally distributed in that way.
  9. Falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded.
  10. Restricts or inhibits any other user of the Capption Service from using and enjoying our website and/or the Capption Service.
  11. Harvests or otherwise collects information about others, including e-mail addresses, without their consent.
  12. Violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail).
  13. Is legally actionable between private parties.
  14. Is not a good faith use of the service, such as uploading content meant for use by other institutions.
  15. Violates any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient’s country of residence.
  16. Encourages, promotes, facilitates or instructs others to engage in illegal activity.
  17. Promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.

Your usage of a Prohibited Content may result in the termination of your use of the Capption Service.

3.2 Prohibited Use. You will use the Capption Service for your internal business purposes and will not:

  1. Willfully tamper with the security of the Capption Service or tamper with our customer accounts.
  2. Access data on the Capption Service not intended for you.
  3. Log into a server or account on the Capption Service that you are not authorized to access.
  4. Attempt to probe, scan or test the vulnerability of any Capption Service or to breach the security or authentication measures without proper authorization.
  5. Willfully render any part of the Capption Service unusable.
  6. Lease, distribute, license, sell or otherwise commercially exploit the Capption Service or make the Capption Service available to a third party other than as contemplated in your subscription to the Capption Service.
  7. Use the Capption Service for timesharing or service bureau purposes or otherwise for the benefit of a third party.
  8. Provide to third parties any evaluation version of the Capption Service without our prior written consent.

Your usage of Capption in a prohibited manner may result in the termination of your use of the Capption Service.

3.3 Sensitive Data. “Sensitive” data is information about a living individual’s private personal interests. Examples of Sensitive data include, but are not limited to:

  • Citizenship and immigration status.
  • Limited government issued identification information like passport numbers, driver’s licenses, and government issued identification cards.
  • This does NOT include government-issued numbers used to grant access to highly sensitive information for example Social Security Numbers or tax identifiers.
  • Full bank account numbers or the last 4 digits of bank or financial institution account numbers.
  • International Bank Account Numbers (IBAN)
  • Bank statements
  • Tax return information
  • Full or partial Social Security Numbers (SSN)
  • Credit card numbers,card security codes (CSCs), and the last 4 digits of credit or debit card numbers.
  • Payment history (for example payments due, missed payments, remaining balance).
  • Income and salary data (for example, income history, individual salary, salary bands/average salary data).
  • Professional performance reviews
  • Employment history
  • Veteran status
  • Demographic data such as ethnicity, gender, age, religion and sexual orientation.
  • Children’s information protected under any applicable child data protection laws such as age, grade level, attendance, credits, discipline, etc.
  • Health data including fitness information, wellness information, and sensitive health information of individuals subject to GDPR.
  • Protected Health Information (PHI) subject to the Health Insurance Portability and Accountability Act (HIPAA). This includes health information in the US such as patient information, provider information and medical history.

You are not allowed to create or store Sensitive data on Capption Services. Disclosure of this Data could result in harm to the referenced individual. All Capption content data is publicly accessible.

If you store any Sensitive information under applicable law relating to privacy or data protection, you must adhere to the standards and obligations determined by your local applicable laws. In the event of a disclosure, you will not be indemnified by Capption in any way, and you agree to hold Capption harmless for the disclosure of personal Sensitive information input by you.

3.4 Non-Discrimination. Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Capption Service, regardless of whether the Capption Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Capption Service.

3.5 Your Moderation Obligations. You are responsible for moderating content generated by your users of the Capption Service. User-generated content that violates the standards of this AUP may result in termination of your use of the Capption Service.

4. CAPPTION TRADEMARK USE

Customers may use Capption’s name, logo, tagline, references, identifiers, tags, and brand marks as desired through their regular course of activity.

Outside of any use and discussion in journalism and Social Media, non-customers require our express prior written permission to use any name, logo, tagline, identifier, tag, or other mark of ours from the Capption Service, including without limitation:

  1. As a Capption-indicated hypertext link to any non-Capption website or other location (except as provided for or enabled expressly by us).
  2. To imply identification with us as an employee, contractor, agent or other similar representative capacity.
  3. To label something as Capption-created, supported, or enabled that was not provided by us.

You also agree not to remove or alter any of these items as we may have provided or enabled.

5. GENERAL TERMS

These General Terms apply as part of this AUP:

5.1 Suspension for Cause. We may immediately suspend your access to the Capption Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential violation of this AUP. We may also suspend your access as we explain in our Customer Terms of Service and, if you violate this AUP, we may terminate your subscription agreement for cause.

5.2 Content. We may choose to remove any prohibited materials and deny access to any person who violates this AUP, and we further reserve all other rights.

5.3 Updates. We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted here at http://capption.com/acceptable-use.html. If you have an active Capption subscription, we will update you by email of any substantive changes or by posting a revised copy on our website. For any significant changes to the mobile app visitor Acceptable Use terms, we will notify end-users via an in-app notification. When we change this AUP, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.