User Agreement for Recapture.io
Last updated: Feburary 2, 2017.
This document (the “User Agreement”) is a legally binding agreement between you and Skyline Consulting Co d/b/a Recapture.io (“Recapture”)
that governs your use of Recapture’s online services.
By using the Recapture.io web site (“Service”), or any services of Recapture, you are agreeing to be bound
by the following terms and conditions (“User Agreement”).
Changes to the User Agreement
Recapture reserves the right to update and change the User Agreement from time to time without notice and at its sole discretion.
Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Continued
use of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the User Agreement at any time at: http://Recapture.io/terms. Recapture reserves
the right to update and change the User Agreement by posting updates and changes to the Service website. You are advised
to check the Terms of Service from time to time for any updates or changes that may impact you.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your
- You must be 18 years or older to use this Service.
- You must provide your full name, a valid email address, and any other information requested in order to complete the
- A single username and password (“login”) may only be used by one person.
- You are responsible for keeping your password secure. Recapture cannot and will not be liable for any loss or damage from
your failure to maintain the security of your account and password.
- You are responsible for all activity and Content (data, graphics, photos, links) that is uploaded under your Service
- You must not upload, post, host, or transmit unsolicited email, SMS, Instant Messenger, Twitter or “spam”
- You must not transmit any worms or viruses or any code of a destructive nature.
- You may not use the Service for any illegal or unauthorized purpose.
- You may not use the Service for the purpose of creating or distributing unsolicited email ("spam").
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service without the express written permission by Recapture.
- A breach or violation of any of the Account Terms as determined at the sole discretion of Recapture will result in an immediate
termination of your services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become
a member of the Service.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available”
basis without any warranty or condition, express, implied or statutory.
- Recapture does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Recapture does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Recapture uses third party vendors and hosting partners to provide the necessary hardware, software,
networking, storage, and related technology required to run the Service.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit Card information is always encrypted during transfer over networks..
- You retain ownership over all content that you submit to your Service account, however, by making your account public,
you agree to allow others to view your content.
- Recapture does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted,
timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate
or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you
through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that in no event shall Recapture, its affiliates, officers, directors and employees be
liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Recapture has been advised of
the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of
procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration
of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter
relating to the service.
- The failure of Recapture to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver
of such right or provision. The Terms of Service constitutes the entire agreement between you and Recapture and govern
your use of the Service, superceding any prior agreements between you and Recapture (including, but not limited to, any
prior versions of the Terms of Service).
- Recapture reserves the right to assign this User Agreement or any part thereof without restrictions.
- Questions about the Terms of Service should be sent to support email support@Recapture.io.
Modifications to the Service and Prices
- Recapture reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change
upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service site (Recapture.io)
or the Service itself.
- Recapture shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance
of the Service.
Payment of Fees, Refunds, Upgrading and Downgrading
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial
months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Refunds for other cases not covered here are at the sole discretion of Recapture
- An upgrade from the free plan to any paid plan will immediately bill you.
- An upgrade or downgrade made during the free trial period will not affect the trial period. If you added a payment method
to your account, we will bill you according to the plan the account is set to at the end of the free trial period.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for
payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level outside of the trial period, the credit card that you provided will automatically
be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Recapture does not accept
any liability for such loss. Downgrading your Service may not be completed without direct action from you to remove
Content, features, or capacity in place that exceeds the Content, features, or capacity offered by the lesser plan.
Cancellation and Termination
- Verbal, physical, written or other abuse (including threats of abuse) of any Recapture customer, employee, member, or officer
will result in immediate account termination.
- You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on
the Manage Subscription link in the global navigation bar on the far right of the screen. The Manage Subscription screen
provides a cancellation button (“Cancel”) next to your current billing plan. An email or phone request to cancel your account is not
- Your cancellation will take effect immediately and you will not be charged again. Any refunds are at the sole discretion of Recapture..
- We reserve the right to modify or terminate your Service for any reason, without notice at any time.
This User Agreement constitutes all the terms and conditions agreed upon between you and Recapture and supercedes any prior
agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication
from you to Recapture are void. You agree and accept that you have not accepted the terms and conditions of this User Agreement
in reliance of or to any oral or written representations made by Recapture not contained in this User Agreement.
Should for any reason or to any extent any provision of this User Agreement be held invalid or unenforceable, such invalidity
or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this
User Agreement and the application of that provision shall be enforced to the extent permitted by law.
Governing Law and Disputes
This User Agreement shall be governed and construed in accordance with the substantive laws of the United States of America.
Any dispute, controversy or claim arising out of or in connection with this User Agreement will be subject to the jurisdiction
of the courts of the United States of America, Colorado being the court of first instance.
Recapture Mailing Address
Skyline Consulting Co d/b/a Recapture.io
10558 Lieter Pl
Lone Tree, CO 80124