1. Acceptance of Terms
By accessing or using Cap (the "Service"), operated by Cyber Dynamics Racing LLC ("we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.
2. Description of Service
Cap is a mobile application that allows users to photograph vehicles, create digital collectibles, trade with other users, and compete in car shows and dynos. The Service includes features for social interaction and in-app transactions.
3. Eligibility
You must be at least 13 years old to use Cap. If you are under 18, you must have parental or guardian consent. By using the Service, you represent that you meet these requirements.
4. User Accounts
- You are responsible for maintaining the security of your account credentials.
- You must provide accurate and complete information when creating an account.
- You are responsible for all activity that occurs under your account.
- You must notify us immediately of any unauthorized access to your account.
5. User Content and Conduct
5.1 Your Content
You retain ownership of photos and content you create. By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content in connection with the Service.
5.2 Prohibited Conduct
You agree not to:
- Post content that infringes intellectual property rights
- Upload false, misleading, or fraudulent vehicle captures
- Harass, abuse, or harm other users
- Use bots, scripts, or automated methods to interact with the Service
- Attempt to manipulate competitions, trades, or leaderboards
- Circumvent security measures or exploit vulnerabilities
- Use the Service for illegal purposes
6. Digital Collectibles
6.1 Ownership
When you capture a vehicle, you receive a digital collectible in your garage. You own the collectible within the Service, but we retain rights to the underlying platform.
6.2 Transactions
In-app transactions and trades are processed through our platform. You are responsible for ensuring the accuracy of trade details.
6.3 No Guarantee of Value
Digital collectibles and in-app currency ($CAP) have no monetary value outside the app. We make no representations about the value of any collectible.
7. Competitions
Cap features competitions including car shows, dyno runs, and leaderboards using in-app currency (CAP). Participation is voluntary. We reserve the right to modify competition rules and mechanics at any time.
8. Fees and Payments
Certain features may require payment. All fees are non-refundable unless required by law.
9. Intellectual Property
The Service, including its design, features, and content (excluding user content), is owned by Cyber Dynamics Racing LLC and protected by intellectual property laws. You may not copy, modify, or distribute our intellectual property without permission.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBER DYNAMICS RACING LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR DIGITAL ASSETS, ARISING FROM YOUR USE OF THE SERVICE.
12. Indemnification
You agree to indemnify and hold harmless Cyber Dynamics Racing LLC from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
13. Termination
We may suspend or terminate your account at any time for violation of these Terms or for any other reason. Upon termination, your right to use the Service ends and access to your collectibles will be revoked.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Delaware.
15. Changes to Terms
We may modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new Terms.
16. Contact
For questions about these Terms, contact us at:
Cyber Dynamics Racing LLC
Email: legal@cap.fm