These Terms of Service (the “Terms”) are an agreement between Lumivo LLC (“Lumivo,” “CapyCue,” “we,” “us,” or “our”) and the person or organization using CapyCue (“you”). By creating an account, purchasing a plan, or using CapyCue, you agree to these Terms.
1. The service
CapyCue helps users record screens, upload recordings, generate transcripts, walkthrough steps, captions and synthetic voiceovers, edit the resulting content, publish or embed walkthroughs, and review usage analytics. Features may vary by plan and may change as the product develops.
2. Eligibility and accounts
You must be at least 18 years old and able to enter into a binding contract. If you use CapyCue for an organization, you represent that you are authorized to bind that organization. You are responsible for accurate account information, maintaining the security of your Lumivo Passport credentials, and all activity under your account. Notify support@capycue.com promptly if you suspect unauthorized use.
3. Your recordings and content
You retain ownership of recordings, scripts, images, audio, brands, and other material you submit to CapyCue (“Customer Content”). You grant Lumivo a limited, non-exclusive license to host, copy, transmit, transcode, display, and otherwise process Customer Content only as needed to provide, secure, support, and improve the service, comply with your instructions, and meet legal obligations.
You are responsible for Customer Content and must have all permissions needed to record, upload, process, publish, and share it. This includes complying with laws and workplace rules governing screen capture, confidential information, audio recording, notice, and consent. Do not record passwords, payment-card data, health information, government identifiers, or other sensitive material unless you have a lawful need and an appropriately configured plan and workflow.
4. AI-assisted features
When you request AI enhancement, CapyCue may extract audio and representative screenshots, create a transcript, analyze visible actions, draft steps and narration, and generate synthetic speech. AI output can be incomplete, inaccurate, or unsuitable. You must review output before relying on or publishing it. Additional details appear in the AI Processing Disclosure.
5. Published and embedded walkthroughs
You control whether a walkthrough is private, shared, or publicly embedded, subject to plan capabilities. Anyone with access to a public or unlisted link may be able to view and redistribute its contents. You are responsible for selecting appropriate privacy settings and for any site, application, or audience where you embed a walkthrough. We may disable access when reasonably necessary to address security, legal, infringement, or policy concerns.
6. Plans, usage, and payment
Paid plans renew automatically at the billing interval shown at checkout until canceled. AI-enhanced minutes, seats, storage, exports, analytics, branding, and other entitlements depend on your plan. Usage is measured by our systems. Applicable taxes, overage charges, and add-ons may be charged as disclosed at purchase. Current rules are described in the Subscription, Cancellation & Refund Policy.
7. Acceptable use
You must follow the Acceptable Use Policy. You may not use CapyCue to violate law, infringe rights, distribute malware, deceive viewers about synthetic media, bypass service limits, or interfere with the service. We may investigate suspected violations and suspend or terminate access when reasonably necessary.
8. Third-party services
CapyCue relies on service providers for hosting, identity, payments, analytics, communications, media processing, and AI functions. Third-party integrations you choose may have separate terms. We are not responsible for third-party products that are not controlled by Lumivo.
9. Confidentiality and security
We use reasonable administrative, technical, and organizational safeguards designed for the nature of the service. No online system is completely secure. You must use reasonable safeguards, including appropriate access controls and careful review of material before recording or publishing it.
10. Suspension and termination
You may stop using CapyCue and cancel a paid plan at any time. We may suspend or terminate access for material breach, nonpayment, security risk, unlawful conduct, harm to the service or others, or where required by law. When practical, we will provide notice and an opportunity to cure. Provisions that by their nature should survive termination—including payment obligations, ownership, disclaimers, liability limits, and dispute terms—will survive.
11. Service changes and availability
We may add, change, limit, or discontinue features. We aim to provide a reliable service but do not promise uninterrupted or error-free operation. Preview, beta, and prototype features may be changed or withdrawn and are provided for evaluation.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPYCUE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LUMIVO DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT AI OUTPUT IS ACCURATE OR THAT CUSTOMER CONTENT WILL NEVER BE LOST, ALTERED, OR ACCESSED WITHOUT AUTHORIZATION.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMIVO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. OUR AGGREGATE LIABILITY ARISING OUT OF THE SERVICE WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID TO LUMIVO FOR CAPYCUE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY WHERE LAW PROHIBITS THEM.
14. Indemnity
To the extent permitted by law, you will defend and indemnify Lumivo from third-party claims arising from your Customer Content, your unlawful or unauthorized recording or publication, your violation of these Terms, or your infringement of another person's rights.
15. Governing law and disputes
Virginia law governs these Terms, without regard to conflict-of-law rules. Courts located in Fairfax County, Virginia will have exclusive jurisdiction over disputes, except that either party may seek urgent injunctive relief in any court with jurisdiction. Before filing a claim, each party will make a good-faith effort for 30 days to resolve it informally. Nothing here limits rights that cannot lawfully be waived.
16. Changes
We may update these Terms. We will post the new version and update its effective date. If a change materially reduces your rights, we will provide reasonable notice through the service or by email when required. Continued use after the effective date constitutes acceptance.
17. Contact
Questions about these Terms may be sent to support@capycue.com.