TERMS OF SERVICE

These Terms of Use are effective on April 25th, 2020.

By accessing or using the Caption Any Photo website, the Caption Any Photo service, or any applications (including mobile applications) made available by Caption Any Photo (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by Cluster 4, LLC (“Caption Any Photo”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CAPTION ANY PHOTO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

You must be at least 12 years old to use the Service.

You may not write violent, discriminatory, unlawful, infringing, hateful, pornographic or other content via the Service.

You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Instagram.

You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Caption Any Photo page is rendered or displayed in a user’s browser or device.

Rights

Caption Any Photo does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to CAP a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Caption Any Photo may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

The Caption Any Photo name and logo are trademarks of Caption Any Photo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Instagram, except in accordance with our brand guidelines.

Although it is Caption Any Photo’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Caption Any Photo reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Instagram, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

Subscriptions & Fees

If your use of the Service is through one of our paid applications (as of the date of this Agreement: (i) Command Analytics for Instagram, and (ii) Manager for Instagram), then this Section 5 shall apply. We reserve the right to make changes to which of our applications are paid or free, in our sole discretion. You will receive notice from us at least 7 days prior to any application becoming paid. General. We bill you through an online account (your “Billing Account”) for use of the Service. You agree to pay Caption Any Photo all charges at the price then in effect for any use of the Service by your or any other persons using your Billing Account, and you authorize Caption Any Photo to charge your chosen payment provider (your “Payment Method”) for the Service.

You agree to make payment using that selected Payment Method. Caption Any Photo reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into these Terms, you acknowledge that that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. A third party (e.g. Apple) may manage your subscription (together with Caption Any Photo, your “Subscription Manager”). The Subscription Manager may submit period charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing upon request by the Subscription Manager) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before your Subscription Manager could reasonably act.

To terminate your authorization or change your payment method, go to https://support.apple.com/en-us/HT202039. Current Information Required. You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify your Subscription Manager if your Payment Method is cancelled (e.g. for theft or loss) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Credentials. Changes to such information can be made at https://appleid.apple.com. If you fail to provide your Subscription Manager any of the foregoing information, you agree that your Subscription Manager may continue charging you for any use of the Service under your Billing Account unless you have terminated your subscription for the Service (confirmed in writing by you upon request by your Subscription Manager). Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between your and the financial institution, credit card issuer, or other provider of your chosen Payment Method (the “Payment Method Provider”). If Caption Any Photo does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and your Subscription Manager shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that your Subscription Manager may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Auto-Renewal. Your Service subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that your Subscription Manager is authorized to charge your Payment Method. Your Subscription Manager may submit those charges for payment and you will be responsible for such charges. This does not waive Caption Any Photo right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please visit https://support.apple.com/en-us/HT202039 to have the charges reversed. Refunds. Any and all refunds will be processed in accordance with the terms of this Section 5 and the process and policy set forth by the third party application marketplace (e.g. the Apple App Store) from which you purchased your subscription.