Effective Date: August 2026
These Terms of Service ("Terms") govern your access to and use of the AirCaption website located at www.aircaption.com (the "Website"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
These Terms govern use of the Website only. Use of the AirCaption desktop software, including cloud translation, is governed by the separate AirCaption Software License Terms of Use, available at www.aircaption.com/license. Our collection and use of personal information is described in our Privacy Policy, available at www.aircaption.com/privacy-policy.
1. ELIGIBILITY. You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you meet this requirement.
2. PERMITTED USE. You may access and use the Website for lawful purposes only. You agree not to: use the Website in any way that violates applicable laws or regulations; attempt to gain unauthorized access to any part of the Website, its servers, or any systems connected to the Website; use any automated means (including bots, scrapers, or crawlers) to access or collect content from the Website without our prior written consent; interfere with or disrupt the Website's operation, servers, or networks; reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website for commercial purposes without our express written permission; or impersonate AirCaption or any other person or entity, or falsely state or misrepresent your affiliation with any person or entity.
3. INTELLECTUAL PROPERTY. All content on the Website, including but not limited to text, graphics, logos, images, software, and the design and arrangement thereof (collectively, "Content"), is the property of AirCaption or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. The AirCaption name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AirCaption. You may not use such marks without our prior written permission. You are granted a limited, non-exclusive, non-transferable license to access and view the Content solely for your personal, non-commercial use in connection with evaluating or using AirCaption's products and services.
4. USER SUBMISSIONS. When you submit information through the Website's contact form or other communication channels, you grant AirCaption a non-exclusive, royalty-free right to use that information for the purpose of responding to your inquiry and for our internal business purposes. Do not submit confidential or proprietary information through the Website unless you intend for AirCaption to receive it. Submissions through the Website contact form are not subject to any confidentiality obligation unless a separate written agreement establishing such obligations is in place.
5. ACCOUNTS AND SUBSCRIPTIONS. Certain areas of the Website allow you to purchase a subscription or manage an existing one. You are responsible for maintaining the confidentiality of any licence key issued to you and for all activity that occurs under it. Subscription pricing, billing, renewal, and cancellation are governed by the Software License Terms of Use, not by these Terms.
6. THIRD-PARTY LINKS AND SERVICES. The Website may contain links to third-party websites or services that are not owned or controlled by AirCaption, and relies on third-party providers including Stripe for payment processing. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that AirCaption shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.
7. DISCLAIMER OF WARRANTIES. The Website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. AirCaption disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AirCaption does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Any information or content obtained through the Website is accessed at your own risk.
8. LIMITATION OF LIABILITY. To the maximum extent permitted by law, AirCaption and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use the Website, including but not limited to damages for loss of profits, data, goodwill, or other intangible losses. AirCaption's total liability for any claim arising from or related to the Website shall not exceed one hundred Canadian dollars (CAD $100). Nothing in this section limits liability that cannot be limited under applicable law.
9. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless AirCaption and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Website or your violation of these Terms.
10. GOVERNING LAW AND VENUE. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any dispute arising under these Terms shall be brought exclusively in the courts located in Ontario, Canada, and you consent to the jurisdiction of those courts. This section governs disputes about the Website only; disputes about the Software are governed by Sections 16 and 17 of the Software License Terms of Use. If you are a consumer resident in a jurisdiction whose law grants you the right to bring proceedings locally, nothing in this section removes that right.
11. MODIFICATIONS TO THE WEBSITE. AirCaption reserves the right to modify, suspend, or discontinue the Website (or any part thereof) at any time without notice. AirCaption shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
12. CHANGES TO THESE TERMS. We may revise these Terms from time to time. When we make material changes, we will update the "Effective Date" at the top of this page. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
13. SEVERABILITY. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
14. ENTIRE AGREEMENT. These Terms, together with the Privacy Policy and the Software License Terms of Use, constitute the entire agreement between you and AirCaption regarding the Website and supersede all prior agreements and understandings, whether written or oral.
15. CONTACT. If you have questions about these Terms, please contact us through the contact form on our Website at www.aircaption.com/feedback.