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LEGAL

Terms and Conditions

Last updated: May 7, 2026

Please read these Terms and Conditions (“Terms”) carefully before using the Capalation mobile application and website (together, the “Service”) operated by Capalation (“we”, “us”, “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

Contents20 sections
  • 01Acceptance of Terms
  • 02Description of the Service
  • 03Eligibility
  • 04User Accounts
  • 05User Content & License
  • 06Prohibited Conduct
  • 07Themes, Voting & Anonymity
  • 08Collections & Roles
  • 09Archive Credits & Payments
  • 10Account Termination
  • 11DMCA Notice
  • 12Warranty Disclaimer
  • 13Limitation of Liability
  • 14Indemnity
  • 15Third-Party Services
  • 16Assignment
  • 17Changes to These Terms
  • 18Governing Law
  • 19General
  • 20Contact Us
01

Acceptance of Terms

By creating an account or using the Service in any way, you confirm that you are at least 13 years of age (or the higher minimum age required in your jurisdiction) and that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

02

Description of the Service

Capalation is a mobile application and web platform for photo-based competitions organized around themed prompts. Core features include:

  • Creating photo themes with a title, description, end date, and optional cover image.
  • Submitting photos in response to active themes before the deadline.
  • Voting to rank the best photos after a theme’s submission period ends.
  • Organizing themes into collections, which may be open, private, or closed.
  • Viewing voting results and commenting on photos during the results phase.
  • Purchasing archive credits to keep themes accessible past the public results window.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without prior notice.

03

Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may only use the Service with the involvement of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly collect personal information from children under 13 and will promptly delete any such information we discover.

04

User Accounts

To access most features of the Service, you must create an account. You may register using email and password, Google sign-in, or Sign in with Apple. By creating an account you agree to:

  • Provide accurate and complete information when registering.
  • Keep your login credentials confidential and not share them.
  • Notify us immediately of any unauthorized use of your account.
  • Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we determine, in our sole discretion, are harmful to the Service or its users.

05

User Content & License

The Service lets you submit photos, theme titles and descriptions, collection names, comments, votes, and other content (collectively, “User Content”). You retain all ownership rights in your User Content.

By uploading User Content, you grant Capalation a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, distribute, and adapt that content solely for the purpose of operating, securing, improving, and promoting the Service. This license ends when you delete the relevant content, except where the content has been shared with others or retention is required by law.

You represent and warrant that:

  • you own or have all necessary rights to your User Content;
  • your User Content does not infringe the intellectual property, privacy, or other rights of any third party;
  • any people identifiable in your uploaded photos have consented to that upload; and
  • your User Content complies with these Terms.

The Service and its original content are the exclusive property of Capalation. You may not copy, modify, distribute, or create derivative works of the Service without our prior written permission. You may not download or use other users’ photos outside the Service without their explicit consent.

06

Prohibited Conduct

You agree not to submit content or take any action that:

  • is unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene;
  • depicts nudity, sexual content, or graphic violence;
  • infringes the copyright, trademark, privacy, or other rights of any third party;
  • contains spam, malware, scraping scripts, or unauthorized advertising;
  • impersonates any person or misrepresents your affiliation;
  • circumvents anonymity protections (e.g. attempting to identify submitters during voting);
  • manipulates voting through duplicate accounts, coordinated ranking schemes, or other means;
  • attempts to bypass rate limits, security controls, or server-time enforcement of theme phases; or
  • facilitates any illegal activity.

We reserve the right to remove violating content, invalidate affected votes, and report illegal content to authorities.

07

Themes, Voting & Anonymity

Each theme moves through four phases:

  • Active — submissions accepted until the theme’s end date.
  • Voting — the 48 hours after submissions close; contributors rank entries.
  • Results — the next 48 hours; rankings and submitter identities are revealed and comments open.
  • Archived — after the 96-hour results window; removed from public listings.

Phase progression is determined by server time. Adjusting your device clock will not change the phase or extend a deadline.

Submitter usernames and avatars are hidden during the submission and voting phases; they become visible only once the results phase begins.

Voting is restricted to contributors who submitted a photo to that theme. Each contributor ranks exactly three photos: 3 points for first place, 2 for second, 1 for third. If a theme has too few submissions to support meaningful voting, the voting phase may be skipped automatically. Votes are submitted via a secured server function that prevents duplicates and tampering. Voting outcomes are final once the results phase begins.

08

Collections & Roles

Collections are user-created spaces that group themes. Visibility may be:

  • Open — anyone may join instantly.
  • Private — join requests require approval from a director or editor.
  • Closed — members may only be added by a director or editor.

Members are assigned roles in ascending rank: member, contributor, editor, and director. Each collection has exactly one director at any time. Capalation is not a party to any collection and is not responsible for decisions made by directors, editors, or other members.

If the only director deletes their account, the role automatically transfers to the next-highest-ranked member, or the collection is deleted if there are no other members.

09

Archive Credits & Payments

Archive credits let you view a theme after the 96-hour public results window ends. Spending a credit creates a personal archive entry — only you can see that theme past the results window.

Web purchases are processed by Stripe; in-app purchases on iOS or Android are processed by Apple or Google under their own terms. Prices and taxes are shown at checkout and may change at any time. By purchasing credits you authorize the relevant payment processor to charge your selected payment method.

Except where required by applicable law, archive credits are non-refundable and non-transferable. They have no monetary value, cannot be redeemed for cash, and may expire or be cancelled if your account is terminated for breach of these Terms. If we discontinue the credits feature, we will use commercially reasonable efforts to honour any unspent credits already purchased.

10

Account Termination

You may delete your account at any time from the Settings screen. Deletion removes your profile and associated data per our retention practices. Some content tied to shared outcomes (such as votes affecting a public ranking) may persist where deletion would distort other users’ experience.

We may suspend or permanently terminate your access without notice if you breach these Terms or if your continued use is harmful to the Service or other users. Upon termination, your right to use the Service ceases immediately and unspent archive credits are forfeited without further obligation.

11

Digital Millennium Copyright Act (DMCA)

We respond to clear notices of alleged copyright infringement. If you believe your copyrighted work has been posted without authorization, contact us with:

  1. A description of the copyrighted work you claim has been infringed.
  2. The location on the Service where the infringing material can be found.
  3. Your contact information (name, address, phone, email).
  4. A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
  5. A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on their behalf.
  6. Your physical or electronic signature.

Send DMCA notices to support@capalation.com. Repeat infringers may have their accounts terminated.

12

Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT VOTING RESULTS WILL BE FREE OF MANIPULATION ATTEMPTS, OR THAT USER CONTENT WILL BE PRESERVED INDEFINITELY.
13

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CAPALATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF PROFITS, LOSS OF VOTES OR ARCHIVE CREDITS, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT.

Our total aggregate liability for any and all claims shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).

14

Indemnity

You agree to indemnify, defend, and hold harmless Capalation and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

15

Third-Party Services

The Service integrates with third-party providers including Supabase (authentication, database, storage), Google and Apple (sign-in), Stripe (web payments), and the App Store and Google Play (distribution and in-app purchases). We are not responsible for the privacy practices, terms, or content of any third-party service.

16

Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction, including in connection with a merger, acquisition, or sale of assets.

17

Changes to These Terms

We may update these Terms at any time. For material changes we will revise the “Last updated” date and, where appropriate, provide additional notice by email or in-app message. Continued use after the effective date constitutes acceptance.

18

Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You and Capalation submit to the exclusive jurisdiction of the courts of British Columbia for any dispute arising from these Terms or the Service, except where prohibited by applicable consumer-protection law.

19

General

These Terms and our Privacy Policy constitute the entire agreement between you and Capalation regarding the Service. If any provision is found unenforceable, the remaining provisions continue in full force. Our failure to enforce any right is not a waiver of that right.

20

Contact Us

If you have questions about these Terms:

WRITE TO US

CAPALATION
support@capalation.com
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