Capsule
Terms of Service
Last Updated: March 1, 2026 · Effective Date: March 1, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and Capsule ("Company," "we," "us," or "our") governing your access to and use of the Capsule application, website, and related services (collectively, the "Service").
1. Eligibility and Account Registration
- Users under 13 must have verifiable parental or legal guardian consent before creating an account or providing any personal information
- Users aged 13–17 represent that their parent or legal guardian has reviewed and agreed to these Terms on their behalf
- Users aged 18 and older may use the Service independently
- You must provide accurate, complete, and current information when creating an account
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activity that occurs under your account
- You must notify us immediately of any unauthorized use at legal@ourcapsule.co
- You may not create multiple accounts to circumvent restrictions or bans
- You may not create an account on behalf of another person without their explicit authorization
2. The Service
Capsule is a private monthly time capsule service that allows close groups to create, share, and collectively unlock personal snapshots of their lives on a scheduled basis.
- We strive to maintain high availability but do not guarantee the Service will be uninterrupted or error-free
- We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice
- We are not liable for any loss resulting from Service downtime, interruptions, or discontinuation
- Delivery depends on the continued validity of recipient contact information, which you are responsible for maintaining
- We are not responsible for non-delivery caused by invalid or changed contact information
- Email delivery may be affected by spam filters, changed addresses, or closed accounts
- We strongly encourage you to maintain backup copies of content that is important to you
3. User Content
You retain all intellectual property rights in content you create and upload ("User Content"). By using the Service, you grant us a limited, non-exclusive, royalty-free license to store, process, and transmit your User Content solely as necessary to provide the Service.
You represent and warrant that:
- You own or have the necessary rights and permissions to upload and share your User Content
- Your User Content does not infringe the intellectual property, privacy, or other rights of any third party
- You have obtained consent from any individuals depicted or identifiable in your User Content
- Your User Content does not violate any applicable law
You agree not to create, upload, or transmit content that:
- Is sexually explicit, obscene, or pornographic
- Depicts or promotes child exploitation or abuse in any form
- Is threatening, harassing, defamatory, or abusive toward any individual
- Incites violence, hatred, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
- Constitutes spam, phishing, or fraudulent communications
- Contains malware, viruses, or other harmful code
- Violates the privacy of others, including unauthorized sharing of personal information
- Infringes any copyright, trademark, patent, or other intellectual property right
- Is intended to harass, stalk, or harm any person
We reserve the right, but are not obligated, to review, remove, or disable access to any User Content that we believe violates these Terms or is otherwise objectionable. We will not be liable for any action or inaction regarding User Content.
4. Recipient Consent and Responsibility
When you designate recipients for a capsule, you represent and warrant that:
- You have the right to send content to that recipient
- The recipient has not requested that you cease contact with them
- You are not using the Service to harass, stalk, or harm the recipient
- If the recipient is a minor, you have the appropriate parental or guardian relationship or consent
We are not responsible for the emotional impact, legal consequences, or interpersonal outcomes of capsule delivery. You assume full responsibility for the content you send and its effect on recipients.
5. Privacy and Data Protection
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.
6. Intellectual Property
The Service, including its design, features, functionality, logos, trademarks, and underlying technology, is owned by Capsule and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
If you provide us with suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free right to use that feedback for any purpose without compensation to you.
7. Prohibited Uses
In addition to the content restrictions above, you agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law
- Attempt to gain unauthorized access to any part of the Service or its underlying systems
- Interfere with or disrupt the integrity or performance of the Service
- Use automated tools, bots, scrapers, or scripts to access or extract data from the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Use the Service to send unsolicited commercial communications (spam)
- Impersonate any person or entity or misrepresent your affiliation
- Attempt to circumvent any security, rate-limiting, or access-control mechanism
8. Termination
You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination, we will delete your account and personal data in accordance with our Privacy Policy. Termination does not affect capsules that have already been delivered.
We may suspend or terminate your account immediately, without prior notice, if:
- You breach any provision of these Terms
- We are required to do so by law or court order
- We believe your use of the Service poses a risk to other users or third parties
- Your account has been inactive for an extended period (we will provide advance notice)
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including Sections 3, 6, 9, 10, 11, 12, and 13) will survive.
9. Disclaimers
We do not warrant that: (a) the Service will meet your requirements; (b) capsule deliveries will occur exactly as scheduled; (c) any data stored in the Service will not be lost or corrupted; or (d) any errors in the Service will be corrected.
10. Limitation of Liability
Our total cumulative liability to you for all claims arising out of or related to the Service will not exceed one hundred dollars ($100.00). Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Capsule and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) any content you deliver to recipients through the Service.
12. Dispute Resolution
Before filing a formal legal claim, you agree to contact us at legal@ourcapsule.co and attempt to resolve the dispute informally for at least 30 days.
If informal resolution fails, you and Capsule agree that any dispute will be resolved by binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property infringement.
You and Capsule each waive the right to participate in class action litigation or class-wide arbitration.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
13. General Provisions
These Terms and our Privacy Policy constitute the entire agreement between you and Capsule regarding the Service and supersede all prior agreements.
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
We may update these Terms from time to time. We will notify you of material changes via email or prominent notice on the Service at least 30 days before the changes take effect. Continued use of the Service after changes take effect constitutes your acceptance.
14. Contact Us
If you have any questions about these Terms, please contact us:
Email: legal@ourcapsule.co
Website: ourcapsule.co