Terms and Conditions of Service

1. Acceptance of Terms

By creating an account, accessing, or otherwise using the Service, you represent that: (i) you are at least 18 years of age or the age of majority in your jurisdiction; (ii) you have the legal authority to enter into these Terms; and (iii) your use of the Service complies with all applicable laws and regulations. Your continued use of the Service following any modification to these Terms constitutes acceptance of those modifications.

2. Description of Service

CaptionFit is an artificial-intelligence-powered software-as-a-service (SaaS) platform that provides caption generation, editing, and related tools. The Service is offered under two subscription tiers:

2.1 Free Tier

The Free Tier provides limited access to the Service at no charge. Features, usage limits, storage quotas, and other parameters of the Free Tier are determined solely by the Company and may be changed or discontinued at any time without prior notice. Video files rendered on the Free Tier include a visible "captionfit.com" watermark; this watermark is removed on the Paid Tier.

2.2 Paid Tier

The Paid Tier provides expanded access to the Service in exchange for the applicable subscription fees as posted on the CaptionFit website or within the Service at the time of purchase. Pricing, billing cycles, and feature sets for the Paid Tier are subject to change with reasonable notice to active subscribers. The Company reserves the right to modify, suspend, or discontinue any aspect of the Service at any time and without liability to you. Where features are described as "unlimited," that usage is subject to a reasonable fair-use policy intended to prevent abuse, automated bulk processing, or use that materially degrades the Service for other users; the Company may apply reasonable rate limits to enforce this.

3. User Accounts

To access certain features of the Service, you must register for an account. You agree to: provide accurate, current, and complete registration information; maintain the security of your account credentials and promptly notify us of any unauthorized use; accept responsibility for all activities that occur under your account; not share your account or transfer it to any other person or entity without our prior written consent. The Company reserves the right to terminate or suspend accounts at its sole discretion, including for violation of these Terms.

4. Subscription and Payment

Paid Tier subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). By subscribing to a Paid Tier, you authorize us or our payment processor to charge the applicable fees to your designated payment method.

4.1 Refunds

Except as required by applicable law or expressly stated in writing by the Company, all fees are non-refundable. The Company may, at its sole discretion, provide credits or refunds on a case-by-case basis.

4.2 EU/UK Right of Withdrawal

If you are a consumer located in the European Union or the United Kingdom, you have a statutory right to withdraw from a purchase within fourteen (14) days without giving any reason. However, by purchasing and beginning to use a digital service or content before that period ends, you expressly request that we begin performance immediately and acknowledge that you thereby lose your right of withdrawal once the service has been fully performed. To the extent the service has not yet been performed, you may withdraw by contacting us at tvibo@tvibo.com, and we will refund any amount due for the unperformed portion as required by law. Nothing in these Terms limits any non-waivable statutory consumer rights you may have.

4.3 Free-to-Paid Upgrades

If you upgrade from the Free Tier to a Paid Tier, billing commences immediately. Any unused portion of a free trial, if offered, will be forfeited upon upgrade.

4.4 Cancellations

You may cancel your Paid Tier subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to Paid Tier features until that date.

5. Acceptable Use

You agree not to use the Service to: violate any applicable local, national, or international law or regulation; infringe the intellectual property rights of any third party; upload or transmit any content that is unlawful, defamatory, obscene, or fraudulent; attempt to gain unauthorized access to any portion of the Service or its related systems; introduce malicious code, viruses, or any other harmful software; scrape, crawl, or harvest data from the Service without our express written permission; reverse-engineer, decompile, or disassemble any portion of the Service; use the Service to develop a competing product or service. The Company reserves the right to investigate and take appropriate legal or technical action against anyone who, in its sole discretion, violates this section, including removing content and terminating accounts.

6. Intellectual Property

6.1 Company IP

All rights, title, and interest in and to the Service, including all software, algorithms, interfaces, documentation, trademarks, and service marks, are and will remain the exclusive property of TVIBO LLC and its licensors. Nothing in these Terms grants you any rights in the Service except as expressly set forth herein.

6.2 User Content

You retain ownership of any content you submit to the Service ("User Content"). By submitting User Content, you grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, process, and display such content solely as necessary to provide and improve the Service. You represent and warrant that you have all necessary rights to grant this license.

6.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by the Company freely and without obligation to you.

6.4 Copyright Complaints (DMCA)

You are solely responsible for ensuring that you hold all rights necessary to upload and process any audio, video, lyrics, or other material you submit. The Company respects the intellectual property of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe content processed through the Service infringes your copyright, send a written notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent at tvibo@tvibo.com (subject line: "DMCA Notice"). We will respond to valid notices and may remove infringing content. We maintain a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (II) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; AND (III) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AI-GENERATED OUTPUTS PROVIDED BY THE SERVICE ARE GENERATED AUTOMATICALLY AND MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND USING ANY OUTPUT AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATION THAT AI OUTPUTS ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TVIBO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless TVIBO LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (i) your access to or use of the Service; (ii) your violation of these Terms; (iii) your infringement of any third-party right, including intellectual property or privacy rights; or (iv) any claim that your User Content caused damage to a third party.

10. Third-Party Services and Links

The Service may contain links to or integrations with third-party websites, services, or content. The Company does not control, endorse, or assume any responsibility for any third-party service. Your use of any third-party service is subject to that service's own terms and privacy policy. The Company will not be liable for any loss or damage caused by your use of or reliance on any third-party service.

11. Termination

The Company may, at its sole discretion and without prior notice, suspend or permanently terminate your access to the Service for any reason, including violation of these Terms. Upon termination: (i) your right to use the Service immediately ceases; (ii) any licenses granted to you are revoked; and (iii) the Company may, but is not obligated to, delete your account data. Sections 6, 7, 8, 9, 12, and 14 of these Terms will survive any termination.

12. Modifications to Terms

The Company reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the CaptionFit website and updating the effective date above. For Paid Tier subscribers, we will provide at least fourteen (14) days' advance notice of material changes via email or in-app notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of those changes.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law provisions.

Informal resolution. Before initiating arbitration, you agree to first contact us at tvibo@tvibo.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, on an individual basis. The arbitration will be conducted in the English language, and may take place in your county of residence, by videoconference, or by written submissions, as permitted by the AAA rules.

Class waiver. Class action lawsuits, class-wide arbitration, and representative actions are not permitted; disputes will be resolved only on an individual basis.

Small-claims and equitable relief. Notwithstanding the foregoing, either party may bring an individual claim in a small-claims court of competent jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

30-day opt-out. You may opt out of this arbitration agreement (other than the small-claims and equitable-relief provisions) by sending written notice to tvibo@tvibo.com within thirty (30) days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out will not affect any other provision of these Terms.

Nothing in this Section waives any non-waivable rights you have under the mandatory consumer-protection laws of your country of residence.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated herein, constitute the entire agreement between you and the Company with respect to the Service.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. The Company may freely assign these Terms.

14.5 Force Majeure

The Company will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, power failures, internet outages, or changes in applicable law.

14.6 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and the Company.

15. Contact Information

If you have any questions about these Terms, please contact us at:

By using CaptionFit, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.