Community Guidelines

Last updated: October 21, 2022

At Kapsule, we contribute to human progress by empowering people to express themselves, live in the moment, learn about the world, and have fun together. We created these Community Guidelines to support our mission by encouraging the broadest range of self-expression, while making sure other Kapsule users can use our services safely every day. We intend for these Guidelines to be clear and understandable for all members of our community. 

These Guidelines apply to all content(which includes all forms of communication, like text, images, links or attachments, emojis and creative tools) on Kapsule — and to all Kapsule users, equally. Advertisers and media partners in Discover agree to additional guidelines, including the requirement that their content is accurate and, where appropriate, fact-checked. In certain cases, we won’t take action against content when it is newsworthy, factual, and relates to a matter of political, social, or other general concern to our community.

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In these Terms, 'us', 'we' and 'our' means Kapsule App Inc. and our related bodies corporate.

1. Registration
‍You may need to become a registered member to make orders, access our products, and/or access certain features of our Website. 

When you register and activate your account, you will provide us with personal information such as your name, and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (available at https://www.kapsule.me/privacy).

You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Kapsule are collectively referred to as the “Parties” and each is a “Party”.

You are responsible for keeping your username and password secure and are responsible for all use and activity carried out under this username. You are responsible for violations of these Terms by anyone using the Website with your permission or using your account on an unauthorized basis. Your use of the Website to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms.

2. Collection Notice 
‍We collect personal information about you in order to process your registration, respond to your enquiries, provide you with access to the Website and/or Services and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and/or services to you. We may also disclose your personal information to recipients that are located outside of the United States of America.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at privacy@kapsule.me.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms. 

3. Accuracy, completeness and timeliness of information
‍The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select does not interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date. By accessing the Website, you agree to the latest version of these Terms.‍

4. Linked sites
‍Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

The Website may make available third-party API-linked services to other websites, content, or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you. Kapsule may do this to facilitate payment services (e.g. Stripe), leverage technology, and development tools (e.g. Google Cloud).

When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Kapsule, and you do so at your own risk. Kapsule is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Website does not imply approval or endorsement of such Third-Party Service. Kapsule is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Website.

5. Intellectual property rights
‍Unless otherwise indicated, Kapsule or its licensors own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (“Content”). 

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, Kapsule hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Kapsule Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Website. Except as expressly permitted by Kapsule in these Terms or on the Website, you may not copy, download, reproduce, redistribute, translate, or create derivative works of any Kapsule Content.

The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Kapsule or other third parties. You are not permitted to use these Marks without the prior written consent of Kapsule or such third party.

6. Promotions and competitions
‍For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

7. Unacceptable activity
‍You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website or app, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using this Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses or malware that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this Website and app any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. 
  • Without prior approval and written permission, you may not create frames or iframes around our Website that alters in any way the visual presentation or appearance of our Website or display a URL not controlled or operated by Kapsule.
  • You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice. Kapsule is not responsible or liable for any user Content or conduct on the Website or third-party services (e.g. Discord, Twitter, Product Hunt). If you become aware of any misuse of the Website, please report such misuse immediately to Kapsule at legal@kapsule.me.

8. Warranties and disclaimers
‍To the maximum extent permitted by law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses or malware, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 

Kapsule assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of data or information posted, displayed, published or made available for download or use on the site, (ii) personal injury or property damage, of any nature whatsoever, resulting from use of the site, (iii) any interruption or cessation of transmission to or from the site, or (iv) the defamatory, offensive or illegal conduct of any third party not under Kapsule's control.

9. Liability
‍To the maximum extent permitted by law, in no event shall Kapsule, its affiliates or their respective employees, contractors, agents, officers or directors be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. We are not liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for business interruption, loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the Website; and (b) in no event shall Kapsule's cumulative and aggregate liability under these Terms exceed two hundred and fifty United States Dollars. The exclusions and limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damage.

You agree to defend, indemnify and hold harmless Kapsule, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Website, breach of these Terms (including any Kapsule policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Website, or otherwise transfer, process, use or store in connection with the Website.

10. Jurisdiction and governing law
‍Your use of the Website and these Terms are governed by the law of the Province of British Columbia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Province of British Columbia, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this agreement shall be brought exclusively in the state or federal courts located in British Columbia, Canada, and the Parties expressly consent to personal jurisdiction and venue in those courts.

By posting, displaying, publishing or making available for download or use any Content on the Website (other than personal information that is subject to the Privacy Policy), you hereby grant Kapsule a perpetual, worldwide, nonexclusive, irrevocable, royalty-free sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content.

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Website (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Kapsule software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Kapsule software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.

11. Employment opportunities
‍Kapsule may, from time to time, post employment opportunities on the Website and/or invite users to submit CVs to Kapsule. If you choose to submit your name, contact information, CV and/or other personal information to Kapsule in response to such employment listings, you are authorizing Kapsule to use this information for all lawful and legitimate hiring, employment and other business purposes. Kapsule also reserves the right, at its discretion, to forward such information to Kapsule's affiliates for their legitimate business purposes. Nothing in these Terms or contained on the Website will constitute a promise by Kapsule to review any such information, or to contact, interview or employ any individual who submits such information.

12. DMCA
‍The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Website infringes your copyright, please send (or have your agent send) to Kapsule's legal team (legal@kapsule.me) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Kapsule to locate the material on the Website (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Kapsule to contact you, including an address, telephone number and, if available, an email address; (d) the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”; (e) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and (f) your physical or electronic signature.

13. Objectionable Content and Behaviors
We've outlined here specific rules for content that is prohibited on Kapsule. But it's hard to anticipate every situation that might come up. The key is the spirit of these rules: we want Kapsule to be a safe and positive experience for everyone. We reserve the right to decide, in our sole discretion, what content violates that spirit and will not be permitted on the platform.

Sexually Explicit Content

  • ‍‍We prohibit accounts that promote or distribute pornographic content.
  • We report all instances of child sexual exploitation to authorities. Never post, save, or send nude or sexually explicit content involving anyone under the age of 18 — even of yourself. Never ask a minor to send sexually explicit content.
  • Breastfeeding and other depictions of nudity in certain non-sexual contexts may be permitted.

Harassment & Bullying

  • We prohibit bullying or harassment of any kind. If someone blocks you, you may not contact them from another account.
  • Sharing another person’s private information and Kapsules of people in private spaces — like a bathroom, bedroom, locker room or a medical facility — without their knowledge and consent is not allowed.
  • If someone is depicted in your Kapsule and asks you to remove it, please do! Respect the privacy rights of others.

‍Threats, Violence & Harm

  • Encouraging violence or dangerous behavior is prohibited — never intimidate or threaten to harm a person, a group of people, or someone’s property.
  • Kapsules of gratuitous or graphic violence, including animal abuse are not allowed.
  • We don’t allow the glorification of self-harm, including the promotion of self-injury, suicide or eating disorders

Impersonation, Deceptive Practices & False Information

  • We prohibit pretending to be someone(or something) that you’re not, or attempting to deceive people about who you are. This includes impersonating your friends, celebrities, brands, or other organizations.
  • We prohibit spreading false information that causes harm or is malicious, such as denying the existence of tragic events, unsubstantiated medical claims, undermining the integrity of civic processes, or manipulating content for false or misleading purposes.
  • We disallow spam and deceptive practices, including imitating Kapsule or Kapsule App Inc.

Illegal Activity‍

  • Don’t use Kapsule for any illegal activity — including to promote criminal activity; facilitate or participate in cybercrime; or to buy, sell or facilitate sales of illegal or regulated drugs, contraband, weapons, and counterfeit goods or documents.
  • We prohibit the promotion of regulated goods or industries, including illegal gambling, tobacco products, and alcohol.

Terrorism, Hate Groups, and Hate Speech

  • Terrorist, extremist and hate groups are prohibited from using our platform. We have no tolerance for content that advocates or advances violent extremism or terrorism.
  • Hate speech or content that demeans, defames, or promotes discrimination or violence on the basis of race, color, caste, ethnicity, national origin, religion, sexual orientation, gender identity, disability, or veteran status, immigration status, socio-economic status, age, weight or pregnancy status is prohibited.

Please remember that you can always file a report with our Trust & Safety team using our in-app flagging feature or by submitting feedback in the app. We review these reports to determine violations of these Guidelines.

If you violate these Community Guidelines, we may remove the offending content, terminate or limit the visibility of your account, and/or notify law enforcement. We engage with global law enforcement when activity poses a threat to human life.  If your account is terminated for violating our Terms of Service or these Guidelines, you are not allowed to use Kapsule again.   

Kapsule reserves the right to remove users whom we have reason to believe, in our sole discretion, pose a clear and present danger to others, on or off of Kapsule. These include leaders of hate groups and terrorist organizations, and individuals with a reputation for inciting violence or behavior that we believe poses a threat to human life.

‍14. Other notices
‍The Website is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Website. If you are using the Website on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, you must immediately discontinue use of the Website. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

For the notice of California Residents, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Kapsule does not currently charge any fees for access and use of the Website. If you have a question or complaint regarding the Website, please contact Kapsule by emailing info@kapsule.me.

15. Entire Agreement
‍These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Website from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Kapsule. Kapsule may assign, transfer or sublicense all or any of Kapsule's rights or obligations under these Terms without restriction. The failure of Kapsule to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Kapsule of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Kapsule will not be responsible for failures to fulfill any obligations due to causes beyond its control.

16. Contact
‍Please contact Kapsule at legal@kapsule.me with any questions regarding these Terms. When you visit the Website or send emails to Kapsule, you are communicating with Kapsule electronically; and you consent to receive communications from Kapsule electronically. Kapsule will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Kapsule provides to you electronically satisfy any legal requirement that such communications be in writing.