Kapture Technologies LLC

Terms of Service

Effective Date: May 2, 2026

Welcome to Kapture. These Terms of Service (this "Agreement") govern your access to and use of the Kapture Technologies LLC platform, mobile application, and website (collectively, the "Platform"). Please read this Agreement carefully before using the Platform. By creating an account or using any part of the Platform, you agree to be bound by this Agreement. Our handling of personal information is described in our Privacy Policy.

Kapture operates an on-demand content capture marketplace that connects Creators (clients who book content capture sessions) with Kapture Reps (independent operators who capture content using smartphone devices). Kapture is not a photography agency, staffing company, or employer of Reps.

1. Acceptance of Terms

By accessing or using the Kapture Platform — whether as a Creator, a Kapture Rep, or a visitor — you confirm that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and agree to comply with all terms set forth herein. If you are using the Platform on behalf of a business or organization, you represent that you have the authority to bind that entity to this Agreement.

Kapture reserves the right to update this Agreement at any time. Material changes will be communicated via email or in-app notification. Your continued use of the Platform after the effective date of any revision constitutes acceptance of the revised terms.

2. The Kapture Platform — How It Works

2.1 What Kapture Is

Kapture is a two-sided, on-demand content capture marketplace. The Platform enables:

Creators to submit booking requests for on-demand content capture sessions.
Kapture Reps to receive, accept, and fulfill those sessions using smartphone devices.
Same-day delivery of captured content to the Creator.

Kapture provides the technology infrastructure connecting both sides of the marketplace. All content capture is performed exclusively using mobile phone devices — Kapture is not a traditional photography or videography service.

2.2 Session Styles

The Platform currently supports two session styles:

Visual Mode — The Rep is visible to the client and subjects during the session.
Ghost Mode — The Rep captures content unobtrusively without drawing attention.

2.3 Same-Day Delivery

Kapture Reps are required to deliver captured content to the Creator on the same day as the session, typically within the timeframe specified at booking. Delivery is fulfilled through the Platform.

3. User Accounts

3.1 Registration

To access core Platform features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Types

Creator Account — For individuals or businesses seeking to book content capture sessions.
Kapture Rep Account — For independent operators seeking to fulfill content capture sessions. Rep accounts are subject to additional eligibility requirements.
Admin Account — Reserved for Kapture Technologies LLC personnel.

3.3 Account Termination

Kapture reserves the right to suspend or terminate any account that violates this Agreement, engages in fraudulent activity, or otherwise poses a risk to the Platform or its users.

4. Kapture Reps — Independent Contractor Status

Kapture Reps are independent contractors, not employees, agents, or partners of Kapture Technologies LLC. Nothing in this Agreement creates any employment relationship, partnership, joint venture, or agency between Kapture and any Rep. As an independent contractor, each Rep is solely responsible for:

Determining their own hours and availability.
Providing their own equipment (smartphone device).
Complying with all applicable local, state, and federal tax obligations.
Obtaining any licenses, permits, or insurance required for their activities.

Reps may not represent themselves as employees or agents of Kapture in any context.

5. Payments, Fees, and Revenue Split

5.1 Creator Payments

Creators pay session fees through the Platform via Stripe, our third-party payment processor. By submitting a booking request, you authorize Kapture to charge the applicable session fee to your payment method.

5.2 Rep Payouts

Kapture distributes Rep earnings through Stripe Connect. Reps receive 50% of the session fee collected from the Creator. The remaining 50% is retained by Kapture as a platform fee. Payouts are subject to Stripe's standard processing timelines.

5.3 Refund Policy

Refund eligibility is as follows:

Cancellations made before a Rep has been matched: Full refund.
Cancellations made after a Rep has been matched but before the session begins: 50% refund.
No-shows or cancellations after a session has commenced: No refund.

Kapture reserves the right to issue refunds at its discretion in exceptional circumstances.

6. Content Ownership and License

6.1 Creator Ownership

Upon full payment and delivery of a session, the Creator owns all content captured during that session. Kapture does not claim ownership of Creator-commissioned content.

6.2 License to Kapture

By using the Platform, Creators grant Kapture a limited, non-exclusive, royalty-free license to use session content for marketing, promotional, and product development purposes, unless the Creator opts out in writing at the time of booking.

6.3 Rep Content Rights

Reps assign all rights to content captured during a session to the Creator upon session completion. Reps may not retain, reproduce, or distribute session content without the Creator's express written consent.

7. Prohibited Conduct

You agree not to use the Platform to:

Book sessions at private residential addresses unless explicitly offered and permitted by the Platform.
Engage in harassment, discrimination, or abusive behavior toward any other user.
Capture content of minors without verifiable parental consent.
Use session content in a manner that violates applicable law or the rights of third parties.
Attempt to circumvent Kapture's platform fee by arranging off-platform transactions with matched Reps.
Reverse engineer, scrape, or otherwise interfere with the Platform's technical infrastructure.

8. Disclaimers and Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KAPTURE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAPTURE'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO KAPTURE IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

KAPTURE IS NOT RESPONSIBLE FOR THE CONDUCT OF REPS OR CREATORS ON OR OFF THE PLATFORM.

9. Dispute Resolution and Governing Law

9.1 Governing Law

This Agreement is governed by the laws of the State of Illinois, without regard to its conflict of law provisions.

9.2 Agreement to Arbitrate

You and Kapture Technologies LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or your use of the Platform — including but not limited to claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect.

9.3 Arbitration Process

The arbitration shall be conducted by a single, neutral arbitrator appointed in accordance with AAA rules. The arbitration shall take place in Chicago, Illinois, unless otherwise agreed by both parties. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Arbitration fees shall be paid in accordance with AAA rules; Kapture will reimburse you for any arbitration filing fees that exceed what you would have paid if the matter were litigated in court.

9.4 Class Action Waiver

YOU AND KAPTURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You expressly waive any right to participate in a class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding.

9.5 Injunctive Relief

Notwithstanding the foregoing obligation to arbitrate, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or to enforce confidentiality obligations.

9.6 Severability

If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision shall be severed and the remaining arbitration provisions shall be enforced to the fullest extent permitted by law. If the class action waiver is found to be unenforceable, the entire arbitration agreement shall be void.

9.7 Opt-Out

You may opt out of this arbitration agreement by sending a written notice to Kapture Technologies LLC at support@kapturetechnologies.co within thirty (30) days of first accepting this Agreement. Your notice must include your full name, address, and a clear statement that you do not wish to resolve disputes through arbitration.

10. SMS Terms & Conditions — Kapture Technologies LLC

By providing your phone number and opting in, you agree to receive recurring automated text messages from Kapture Technologies regarding bookings, session updates, account notifications, and platform announcements.

Opt-Out: Reply STOP to cancel at any time. You will receive one confirmation message, then no further texts.

Help: Reply HELP or contact support@kapturetechnologies.co.

Message frequency varies. Message & data rates may apply. Carriers are not liable for delayed or undelivered messages.

We do not sell or share your mobile number with third parties for marketing purposes.

11. Contact — Terms of Service

For questions related to these Terms of Service, please contact:

Kapture Technologies LLC

Chicago, Illinois

Email: support@kapturetechnologies.co

Website: kapture-app.com