Terms and Conditions

Last Updated:

October 14, 2025

1. Acceptance of Terms

By accessing or using this Software as a Service (“Service,” or "Heirloom Capsule"), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

Our Service, Heirloom Capsule, provides a cloud-based software platform that allows users to upload, store, process, and manage content. The specific features and functionalities are described on our website and may be updated from time to time.

3. User Accounts

3.1. You must create an account to use certain features of the Service.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4. User Contents and Responsibilities

4.1. Content Ownership: You retain all ownership rights to any content, data, files, or materials ("User Content") that you upload, submit, or transmit through the Service.

4.2. Content License: By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, process, and transmit your User Content solely for the purpose of providing the Service to you.

4.3. User Responsibility: You are solely responsible for all User Content you upload to the Service. You represent and warrant that:

  • You own or have the necessary rights, licenses, and permissions to upload and use the User Content

  • Your User Content does not violate any applicable laws, regulations, or third-party rights

  • Your User Content does not contain any viruses, malware, or other harmful code

5. Prohibited Content and Conduct

5.1. Illegal Content Prohibition: It is strictly illegal and prohibited to upload, transmit, or store any content through the Service that:

  • Violates any local, state, national, or international law or regulation

  • Is illegal, incriminating, defamatory, obscene, pornographic, or indecent

  • Contains or promotes child exploitation material

  • Infringes upon intellectual property rights, privacy rights, or other proprietary rights of any third party

  • Contains malware, viruses, trojans, or other malicious code

  • Promotes violence, terrorism, or harm to individuals, companies, organizations, or groups

  • Constitutes harassment, threats, or hate speech

  • Is otherwise damaging, dangerous, or harmful to any person, entity, or the Service itself

5.2. Immediate Revocation: Any violation of Section 5.1 constitutes a material breach of these Terms and is grounds for immediate account suspension or termination without notice and without refund. We reserve the right to:

  • Immediately revoke your access to the Service

  • Delete or remove any prohibited content

  • Report violations to appropriate law enforcement authorities

  • Pursue legal action for damages or injunctive relief

5.3. You agree not to use the Service to:

  • Impersonate any person or entity

  • Interfere with or disrupt the Service or servers

  • Attempt to gain unauthorized access to any portion of the Service

  • Engage in any automated use of the system without our express written permission

6. User Indemnification

6.1. Full Indemnity: You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or relating to:

  • Any User Content you upload, submit, transmit, or make available through the Service

  • Your use or misuse of the Service

  • Your violation of these Terms

  • Your violation of any rights of any third party, including intellectual property rights, privacy rights, or proprietary rights

  • Your violation of any applicable laws or regulations

  • Any claim that your User Content caused damage to a third party

6.2. Defense and Settlement: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

6.3. No Liability for User Content: The Service, Heirloom Capsule, expressly disclaims any and all liability for User Content uploaded to the Service. We do not pre-screen, monitor, or control User Content, and we are not responsible for the accuracy, legality, or appropriateness of any User Content.

7. Disclaimer of Warranties

7.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

8. Limitation of Liability

8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

8.2. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Monitoring and Enforcement

9.1. We reserve the right, but not the obligation, to:

  • Monitor User Content for compliance with these Terms

  • Investigate violations and take appropriate action

  • Refuse Service to Anyone

  • Remove or disable access to any User Content that violates these Terms

  • Cooperate with law enforcement authorities

9.2. We may use automated tools and manual review processes to detect prohibited content.

10. Data Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Subscription and Payments

11.1. Certain features of the Service require payment of subscription fees.

11.2. All fees are non-refundable except as expressly stated in these Terms or required by law.

11.3. We reserve the right to modify our pricing with thirty (30) days' notice.

12. Termination

12.1. You may terminate your account at any time by following the cancellation procedures on our platform.

12.2. We may suspend or terminate your account immediately, without prior notice, for:

  • Violation of these Terms, particularly Section 5 (Prohibited Content)

  • Non-payment of fees

  • Fraudulent or illegal activity

  • Any conduct that we believe harms the Service, third parties, or other users

12.3. Upon termination, your right to use the Service will immediately cease, and we may delete your User Content.

13. Intellectual Property

13.1. The Service, including its software, design, text, graphics, and other content (excluding User Content), is owned by the Company and is protected by copyright, trademark, and other intellectual property laws.

13.2. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose.

14. Modification to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

15. Governing Law and Disput Resolution

15.1. These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

15.2. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with [Arbitration Rules], except where prohibited by law.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

For questions about these Terms, please contact us at:

Heirloom Capsule, LLC

hello@heirloomcapsule.com