End-User License Agreement (EULA)

Effective Date: 02 June 2025

Last Updated: 02 June 2025

This End-User License Agreement ("Agreement") is a legally binding contract between you ("you" or "User") and Capturit (a trade name used by the app developer, currently operating as a sole proprietor based in Sydney, NSW, Australia), governing your use of the Capturit mobile application and related services ("Capturit," "App," or "Platform").

By downloading, installing, accessing, or using the App, you agree to be bound by this Agreement. If you do not agree, you must not use the App.

1. Scope of License

Capturit grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on your device for lawful, personal, and non-commercial use only, strictly in accordance with this Agreement and Capturit’s Terms of Service.

2. Restrictions on Use

You agree not to:

• Copy, reproduce, modify, adapt, translate, or create derivative works from the App;
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the App, except as permitted by law;
• Rent, lease, lend, sell, sublicense, or redistribute the App;
• Use the App in any unlawful manner, or to post or share unlawful, defamatory, infringing, obscene, or otherwise objectionable content;
• Circumvent or interfere with any security or access control features;
• Use bots, scripts, crawlers, or other automated tools to collect data from or interact with the App;
• Exploit the App to develop or operate a competing product or service.

3. Ownership and Intellectual Property

Capturit retains all right, title, and interest in and to the App, including but not limited to all copyrights, trademarks, patents, and other intellectual property rights. The App is licensed to you, not sold.

All trademarks, logos, and service marks displayed within the App are the property of Capturit or its licensors and may not be used without prior written permission.

4. User-Generated Content

You retain ownership of any content (photos, videos, comments, etc.) you submit to the App ("User Content"). By submitting User Content, you grant Capturit a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publish, and display such content in connection with operating and promoting the Platform.

You represent and warrant that:

• You own or have the necessary licenses, rights, and permissions to submit the User Content;
• Your User Content does not infringe or violate any third-party rights or laws.

Capturit reserves the right (but is not obligated) to review, moderate, or remove User Content at its discretion.

5. Privacy and Data Use

Your use of the App is subject to our Privacy Policy, which complies with the Australian Privacy Act 1988 (Cth), Australian Privacy Principles (APPs), and, where applicable, the EU General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).

By using the App, you consent to the collection and processing of your personal data as outlined in the Privacy Policy.

6. Third-Party Services and Content

Capturit may integrate or link to third-party services. Capturit is not responsible for the content, accuracy, or practices of such services. Use of third-party services is governed by their own terms and privacy policies.

7. Updates and Modifications

Capturit may release updates or upgrades to the App. You agree that such updates may be installed automatically. Capturit may also amend this Agreement at any time by posting a revised version. Continued use of the App after changes take effect constitutes acceptance of the updated terms.

8. Term and Termination

This Agreement is effective until terminated. You may terminate it by deleting the App and ceasing all use. Capturit may terminate this Agreement and your access to the App at any time, with or without notice, if you breach its terms.

Upon termination, your license is revoked and you must stop using the App. Certain provisions, including those related to intellectual property, disclaimers, and liability, survive termination.

9. Disclaimer of Warranties

The App is provided "as is" and "as available." Capturit disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the App will be uninterrupted or error-free.

Some jurisdictions do not allow disclaimers of certain warranties, so some of the above disclaimers may not apply to you.

10. Limitation of Liability

To the maximum extent permitted by law:

• Capturit shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of data, profits, or goodwill;
• Capturit’s total cumulative liability arising from this Agreement or the App shall not exceed AUD $100 or the amount you paid (if any) to use the App.

Nothing in this Agreement limits any non-excludable rights under the Australian Consumer Law.

11. Governing Law and Jurisdiction

This Agreement is governed by the laws of New South Wales, Australia. Any dispute arising from this Agreement shall be resolved exclusively in the courts located in Sydney, NSW.

12. Export and Sanctions Compliance

You may not use or access the App if you are subject to Australian, U.S., EU, or other applicable sanctions or export restrictions. You represent that you are not located in any country or on any list where such access is prohibited.

13. General Provisions

• This Agreement constitutes the entire agreement between you and Capturit regarding the App;
• If any part of this Agreement is found invalid or unenforceable, the remainder remains in effect;
• Capturit’s failure to enforce any right is not a waiver of such right.