December 29, 2021

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.CaptionPlus.app website and/ or CaptionPlus mobile application.

The domain name www.CaptionPlus.app (hereinafter referred to as “Website”) and the mobile application CaptionPlus (hereinafter referred to as “Application”) are owned by Tnine Infotech LLP with its registered office at 124/16, Vardhman Tower 1st Floor, Preet Vihar, Delhi-110092 Delhi (hereinafter referred to as “CaptionPlus”).

By accessing or using the Website/ Application, the CaptionPlus Service, or any other applications (including mobile applications) made available by CaptionPlus (together, the “Service”), however accessed, You agree to be bound by these terms of use (“Terms of Use”). The Service is owned and controlled by CaptionPlus. You are suggested to go through these terms before using CaptionPlus. 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.

For the purpose of these Terms of Use, wherever the context so requires “You”, “Your” or “User” and variants thereof shall mean any natural or legal person who has agreed to become a user of the Service by providing Registration Data while registering on the Service using a computer system. The term “We”, “Us”, “Our” and variants thereof shall mean CaptionPlus.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by CaptionPlus policies (including but not limited to Privacy Policy as amended from time to time (together referred to as “CaptionPlus Policies”).

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Service following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

BASIC TERMINOLOGIES

  1. You are responsible for ensuring that in Your use of the Service, Your action or omission is not contrary to any law for the time being in force. You are not allowed to post violent, discriminatory, plagiarized, promotional, unlawful, infringing, trolling, hateful Content via the Service. For the purposes of clarity, Content refers to any data, text, information, usernames, works of authorship, links and other content or materials, including information that the User posts and/ or uploads on to the service, such as but not limited to the captions, write-ups, photographs, graphics, videos, and any other information formats that may become shareable via the Service from time to time (collectively “Content”). You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that –
    • belongs to another person and to which the user does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harms minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
    • Breach of these Terms of Use on Your part would lead to a removal of any and all of Your Content and revoke Your posting rights. Repeated breach will lead to a permanent account ban, and You may not be permitted to access the Service ever again.
    • You are responsible for any activity that occurs through Your account and You agree You will not sell, transfer, license or assign Your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, CaptionPlus prohibits the creation of and You agree that You will not create an account for anyone other than Yourself. You will not submit any content with the name of any other person. You also represent that all information You provide or provided to CaptionPlus upon registration (“Registration Data”) and at all other times will be true, accurate, current and complete and You agree to update Your information as necessary to maintain its truth and accuracy.
  2. When You use the Service or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
  3. You agree that You will not solicit, collect or use the login credentials of other CaptionPlus Users.
  4. You must take responsibility for keeping Your username and password safe and secure.
  5. You must not post private or confidential information via the Service, including, without limitation, Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You are requested to maintain discretion before adding users on other social networking platforms or sharing phone numbers. CaptionPlus shall not be responsible for any harassment the User suffers from other users on the Service, or any other platform(s). Please approach the support of those platforms and use the block feature on CaptionPlus to disable them from interacting with You. You are responsible for any post related to self-harm that You post on the Service. CaptionPlus is not liable for any injury or damage that occur either before, during or after Your use of the Service.
  6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to Your use of the Service and Your Content, including but not limited to, copyright laws.
  7. You are solely responsible for Your conduct and Content that You post on CaptionPlus.
  8. The content you post on CaptionPlus goes for public use, we do not guarantee proper credits/linkback/reference by users who are using the app to find content that includes content submitted by you. However, we try to educate users to use the content submitted by other users with a credit mentioning their profile (CaptionPlus profile or any other social profile.)
  9. 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 not modify or alter the Service or modify another website so as to falsely imply that it is associated with CaptionPlus.
  10. You must not interfere or disrupt the Service or servers/networks connected to the Service, including by transmitting worms, viruses, spyware and malware or any other code that is destructive or disruptive in nature. Interfering with the display of any CaptionPlus’s page in a User’s browser or device is illegal.
  11. You shall not create accounts on CaptionPlus using unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper is not allowed.
  12. CaptionPlus reserves the right to distribute Your Content posted on CaptionPlus through its social media handles, with due credits to the User.
  13. You must not attempt to restrict another user from using or enjoying the Service and You must not encourage or facilitate violations of these Terms of Use or any other CaptionPlus Policies.
  14. Violation of these Terms of Use may, in CaptionPlus’s sole discretion, result in termination of Your CaptionPlus account. We are not responsible for any Content that is posted on CaptionPlus. If You violate the Terms of Use or create risk/possible legal exposure for CaptionPlus, we can stop providing all or part of the Service to You.

TERMS FOR BUSINESS PROFILES

In addition to the above mentioned terms, the following provisions are applicable with respect to Users who have linked their CaptionPlus username to specific companies (“Business User”) organising challenges/competitions for participation by other CaptionPlus users (“Challenges”) through the use of Our Service –

  1. No tolerance for plagiarism

    CaptionPlus reserves the rights to conduct ourselves or engage an outside agency to conduct a plagiarism check on every caption uploaded on our Service, including by a Business User, and CaptionPlus also reserves the right to remove or disqualify such users from the Challenges or take any other appropriate action against such users involved in plagiarism.

  2. Your Social Media Link

    CaptionPlus shall allow Business Users to post promotional leads on their CaptionPlus profile. The Business User is authorised to add links to its Facebook page/ Instagram page/ Website links to its CaptionPlus profile.

  3. No pure promotional/marketing content

    Content that promotes or markets the Business Users’ products, services or related aspects, including but not limited to asking users to send write-ups, follow Business Users’ social media handles etc. straight forward on captions, is not permissible. The Business User can mention such promotional/marketing Content in captions only by maintaining its usability for users. It should be embedded in content without decreasing the effectiveness of the caption. An example of such a caption is “When I’m hungry, my mind goes more towards Zomato than tomato 😋🍧.”

  4. No Exploitation of the Social Networking Platform

    Exploitation includes spam commenting on users’ captions to use their Content, posting external advertisements or asking users to submit their Content to the Business User outside of CaptionPlus. Since CaptionPlus promotes the Business User’s profile every day without a charge, we expect the Business User to not take our social networking platform for granted. We will ban the profiles that exploit Our Social Network and Services.

  5. Promotion Fee

    CaptionPlus shall charge a fee to let Business Users generate leads or acquire customers through advertisements/branded captions, provided the Business User’s promotions are not outright spam. Business Users may contact Us for pricing and more details at [email protected] 

CAPTIONPLUS PRO Subscriptions

CaptionPlus allows users to use its premium features such as ad-free experience on the app, toolbox, smart camera, etc. in exchange for a subscription fee. Subscriptions are currently charged monthly or annually to users’ Google Play accounts after mentioned trial period.Subscriptions will then auto-renew monthly or yearly unless users cancel subscriptions before the due date. Since we do not currently offer subscription cancelation, users are advised to carefully check the feature descriptions before subscribing. In case of a query or confusion, users may write to [email protected].

 

 

GENERAL TERMS

  1. CaptionPlus reserves the right to alter or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without any liability to You. You can deactivate Your CaptionPlus account at your discretion. If We terminate Your access to the Service or You delete Your account, Your Content, including work, comments, likes, friendships, and all other data will not be accessible to anyone (e.g., Users will not be able to navigate to Your username and view Your work). However, we may archive certain information, including Personal Information, and retain it as we may be required to do in order to fulfil our legal obligations.
  2. CaptionPlus reserves the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. We may notify You before the Updated Terms become effective. You should review these updated Terms of Use prior to using CaptionPlus. The Updated Terms will take effect from the time it is updated, or from sometime later as mentioned in the update. These Terms of Use will govern any disputes arising prior to the effective date of the Updated Terms.
  3. CaptionPlus reserves the right to deny access to the Service to any User for any reason at any time. We may remove, edit, and/or monitor content or accounts we believe violate these Terms of Use.
  4. CaptionPlus reserves the right to force forfeiture of any username, profile or account for any reason at any time.
  5. CaptionPlus is not responsible or liable for the conduct of any of its Users, be it online or offline. You will be responsible for Your interactions with other CaptionPlus users on or off the Service. We reserve the right but we are not obliged to monitor or get involved in disputes between You and other users. A User should use his common sense and best judgment while interacting with other CaptionPlus users.
  6. Your business dealings with third parties found on CaptionPlus are solely between You and the third parties.
  7. You take responsibility for any and all data charges that incur on using CaptionPlus.
  8. We prohibit crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with CaptionPlus’s express written consent).
  9. You further undertake to submit to the jurisdiction of courts at Delhi for any action arising from the breach of these Terms of Use, other CaptionPlus Policies, violation of the IT Act and/ or other laws, pursuant to Your usage or access of the Service.

 

Rights

  1. CaptionPlus does not claim ownership of any Content that a User posts on the Service. Instead, You hereby grant to CaptionPlus a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use the Content that You post on or through the Service, subject to the Service’s Privacy Policy.
  2. You agree that: (i) You own the Content posted by You on CaptionPlus or otherwise have the right to grant the right/licenses for it as set forth in these Terms of Use; (ii) Your Content must not infringe on the rights of other Users, including, without limiting to privacy and publicity rights, copyrights/trademark and/or other intellectual property rights.
  3. CaptionPlus has captions/content that is submitted by CaptionPlus users (“User Generated Content or UGC”) and is protected by copyright, trademark, patent, and other relevant laws. You are permitted to modify, use and share on Instagram or any other social media platform, documents, presentations etc. for personal or commercial use with/without crediting the author, but we recommend to credit the author so the author gets due recognition for his/her hard work. You will not sell, license or otherwise exploit the CaptionPlus Content in any manner.
  4. CaptionPlus has captions/content that is owned by CaptionPlus (“CaptionPlus Content”) and is protected by copyright, trademark, patent, and other relevant laws. You are permitted to modify, use and share on Instagram or any other social media platform, documents, presentations etc. for personal or commercial use. However, you will not sell, license or otherwise exploit the CaptionPlus Content.
  5. CaptionPlus’s name and logo are trademarks of CaptionPlus, and must not be copied, or used, in whole or in part, without our prior written permission. In addition, custom graphics, all page headers, button icons and scripts are service marks, trademarks and/or trade dress of CaptionPlus, and must not be copied or used, in whole or in part, without prior written permission from CaptionPlus.
  6. The Service may be interrupted for upgrades or scheduled maintenance, for emergency repairs, or due to failure of telecommunications links and/or equipment. CaptionPlus reserves the right to remove Your Content from the Service without any reason, without any prior notice to You. Content removed from CaptionPlus may be stored by us, but may not be accessed by You without a valid court order. CaptionPlus encourages You to maintain Your own backup of Your Content. We are not a backup Service and You will not rely on us for the purpose of Content backup or storage. We will not be liable for suspension, modification or discontinuation of Service, or any loss of Content. You also acknowledge the fact that the Internet may be subject to security breaches and that the submission of Content or other information may not be secure.
  7. You agree that We are not responsible for, and do not endorse any Content posted on CaptionPlus. CaptionPlus does not have any obligation to monitor, prescreen, edit, or remove any Content. If Your Content violates these Terms of Use, You may bear legal responsibility for it.
  8. We reserve the rights to partially edit, modify, correcting the content posted by you to suit the platform. 
  9. By accepting these Terms of Use and using CaptionPlus, You agree to indemnify, save, and hold Us, the company, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of CaptionPlus, any violation by You of these Terms of Use, or any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, the Company, including rights to settle, and You agree to cooperate with Our defence and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of Your acceptance of these Terms of Use.
  10. All Content posted by the Users will be non-confidential and non-proprietary. We will not be liable for any use or disclosure of any Content that You provide.

 

Reporting Copyrights/IP Infringements

  1. You can report captions to protect Your intellectual property rights.
  2. If You are caught in the act of infringing on other’s Content, we will disable Your account.

 

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING, WITHOUT LIMITATION, CaptionPlus CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CaptionPlus NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “CaptionPlus PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CaptionPlus CONTENT; © USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CaptionPlus OR VIA THE SERVICE. IN ADDITION, THE CaptionPlus PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE CaptionPlus PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CaptionPlus PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CaptionPlus PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CaptionPlus PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. CaptionPlus PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL CaptionPlus PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) SERVICE; (B) CaptionPlus CONTENT; © USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CaptionPlus PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF CaptionPlus PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL CaptionPlus PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CaptionPlus’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE CaptionPlus PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY CaptionPlus PARTIES. CaptionPlus IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

Grievances

If you wish to register a complaint regarding anything, you may do so by sending an email to [email protected] Your email will be acknowledged by a system generated response, or via an individual manual email to the extent possible, within 24 hours of us having received it. You will be kept informed of the progress we make in redressing your complaint and/ or the reasons for delay, if any, in such redressal.

Office Address: 124/16, Vardhman Tower 1st Floor, Preet Vihar, Delhi-110092

Email Id: [email protected]