Terms and conditions

Terms and Conditions

Last updated: 19.09.2024

Welcome to Capiii!

These terms and conditions outline the rules and regulations for the use of ArtListingPro by Kevin Schindler's Website, located at www.capiii.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Capiii if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Capiii, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, ArtListingPro by Kevin Schindler and/or its licensors own the intellectual property rights for all material on Capiii. All intellectual property rights are reserved. You may access this from Capiii for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from Capiii
Sell, rent, or sub-license material from Capiii
Reproduce, duplicate or copy material from Capiii
Redistribute content from Capiii

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. ArtListingPro by Kevin Schindler does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of ArtListingPro by Kevin Schindler, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, ArtListingPro by Kevin Schindler shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

ArtListingPro by Kevin Schindler reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant ArtListingPro by Kevin Schindler a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of ArtListingPro by Kevin Schindler; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to ArtListingPro by Kevin Schindler. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of ArtListingPro by Kevin Schindler's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime, or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with the use of the Services.

ArtListingPro reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.

We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

Using the Service

Age Requirement

Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

Access to the Service

Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. ArtListingPro reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.

Anti-discrimination

ArtListingPro does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.

Restrictions on Use of the Service

You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.

Unlimited Service and Rate Limiting

If You purchase an unlimited plan, we will try to reasonably offer You unlimited access to the Services. However, we reserve the right to rate limit You to prevent quality decay or interruptions to other customers.

Credit System

Our app utilizes a credit system, enabling users to access various features. For comprehensive details on credit acquisition, expenditure, and their application towards app functionalities, please refer to our Pricing page.

Right to Modify

We reserve the right to modify, amend, or change the credit system at any time, including the methods by which credits are earned, spent, and their correlation to app features. Such adjustments aim to enhance the user experience, ensure service sustainability, and adapt to business or legal evolutions.

Credits Purchase, Expiry, and Rollover

Users can purchase credits subject to periodic limits, though this limit may be adjusted. Credits obtained during the early access phase or through promotions may have specific expiry dates; however, unused credits will roll over within the early access phase. Details on credit expiry and rollover policies are available on the Pricing page.

Refunds and Early Access Credits

Currently, refunds for purchased credits are not available. Early access or promotional credits are granted special conditions, which may include extended validity and applicability towards a broader range of features. For further information, please consult the Pricing page.

User Acknowledgment

By continuing app usage post-modifications to the credit system, you acknowledge and accept the revised terms. Disagreement with the changes permits discontinuation of app use. Regular review of the Pricing page is encouraged to remain informed about the credit system's terms.

Third Party Licences

Our service uses the following fonts, which are licensed under the SIL Open Font License (OFL) v1.1:

These fonts are used in accordance with the terms set forth by the SIL Open Font License. For more information about the OFL, please visit http://scripts.sil.org/OFL

Payment and Billing

We may invoice You for Your use of the Services through a third-party payment service provider. The third-party service provider’s terms of service shall govern and supersede this Agreement in case of conflict.

You are free to cancel Your plan at any time. We also reserve the right to suspend, terminate, ban Your access to the Service for any reason, including inappropriate use of the Service. In the case of a termination or ban, we reserve the right to remove you and everything in your account from the Service. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended.

Tax Exemption Notice

Please note, as a small business under § 19, we are exempt from displaying taxes at the point of sale. This means that any purchases made through our platform will not have tax added during the checkout process, reflecting our compliance with the applicable tax legislation.

Limitation of Liability and Indemnity

We provide the service as is, and we make no promises or guarantees about it.

You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however they arise.

You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.

If You knowingly infringe someone else’s intellectual property, and that costs us money, we’re going to come find You and collect that money from You. We might also do other stuff, like try to get a court to make You pay our attorney’s fees. Don’t do it.

Term and Termination

Term

These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using ArtListingPro's free offering, when your account is deleted or terminated.

Violations

If ArtListingPro, in its sole discretion, determines that you or your use of the Service, your Assets violate these Terms. ArtListingPro may take one or more of the following actions in its sole discretion: (i) delete the prohibited Assets (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Assets associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited Assets to appropriate government authorities.

If you break the rules, we have the right to remove you and everything in your account from the Service.

Effect of Termination

In the event of termination of your subscription for cause due to default by ArtListingPro, ArtListingPro shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.

Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Assets, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. If your account has been terminated due to a Violation, you may not create a new account on any ArtListingPro Service unless you receive ArtListingPro’s written permission.

Miscellaneous

Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

No Agency

This Agreement does not create any agency, partnership, or joint venture between the parties.

Severability

If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

No Third-Party Beneficiaries

This Agreement does not confer any benefits on any third party unless it expressly states that it does.

Survival

The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy sections.

Preview Features

Limited Availability

Preview features may be available to a limited number of users for testing purposes. Access to these features is provided to gather feedback and test in real-world scenarios.

Experimental Nature

Features in preview are under development and may contain bugs, performance issues, or incomplete functionality. Use them at your own risk, as they may not be fully stable.

No Guarantee of Continued Access

We may modify, update, or remove preview features at any time without prior notice. Continued access or the final release of these features is not guaranteed.

Limited Support

Support for preview features may be limited. We encourage users to provide feedback via the specified channels, but our standard support may not fully address issues related to these features.

No Service Level Agreement (SLA)

Preview features are provided "as-is" without any formal SLA. Performance, availability, and functionality are not guaranteed and may vary.

Data Handling

Please use non-sensitive or test data with preview features. Data may not be fully secure or backed up, and we are not liable for any data loss or breaches during the preview phase.

Feedback and Improvements

Your feedback is valuable and may be used to improve the feature before its general release. By using the preview feature, you agree to potentially be contacted regarding your experience.