Terms of Service

These Terms govern the use of Capme, the browser recorder at capme.app/studio and the asynchronous meeting product at capme.app/meet (together the "Service"), provided by Capme Digital GmbH, c/o TechHub.K67, Kasernenstraße 67, 40213 Düsseldorf, Germany, registered with the Amtsgericht Düsseldorf under HRB 113657 and represented by its managing director Steffen Rosenögger ("Capme", "we"). Businesses only. Every paid plan (Solo, Team, Business, Enterprise) is offered exclusively to entrepreneurs within the meaning of §14 BGB: companies, public bodies and self-employed persons acting in the course of their trade or profession. By starting a trial or ordering a plan, the person acting confirms that they act for such a business and are authorised to bind it (the "Customer"). We do not conclude paid contracts with consumers (§13 BGB). Statutory consumer protection provisions, in particular the right of withdrawal, do not apply to paid plans. Business details. Before a paid plan begins, the Customer gives its registered name, legal form, billing address and tax or company registration number. A VAT identification number from another EU member state is verified against the EU's VIES service when the billing details are saved; an order that cannot be verified is refused. If a consumer nevertheless purchases a paid plan, we may terminate the contract with immediate effect and refund the unused period. The free recorder at capme.app/studio can be used by anyone without an account. Saving a recording needs a free account, and whoever creates one accepts these Terms. Sections 2 to 5, 9, 11, 12 and 15 to 19 apply to the free recorder and to free accounts; the remaining sections apply to workspaces and paid plans. A consumer may use the free recorder and hold a free account; sections 16, 18 and 19 say what applies to them in particular. Conclusion of the contract. A free account or a trial is created when the person confirms the code we sent and ticks the box accepting these Terms; a plan is ordered when the order is submitted in the workspace's billing panel. Entries can be corrected until then. We store which version of these Terms was accepted; the version in force can be viewed and saved at https://capme.app/terms, and we send earlier versions on request. The contract languages are German and English. Deviating terms of the Customer do not apply, even if we do not object to them expressly. Individual agreements, for example an Enterprise order form, take precedence over these Terms.

- Workspace: the Customer's tenant in the Service, with its members, meetings, recordings and settings. A workspace is on exactly one plan. - Member: a person the Customer has admitted to its workspace. Members hold one of three roles: owner, admin or member. - Speaker: a member who records a topic or owns one on an agenda. The Customer pays for a number of speakers (section 6). The Customer's admins make members speakers and take that back; a speaker is never added to an invoice automatically. - Viewer: a person who only watches, applauds or is reminded. Viewers are not speakers and are free of charge without limit. - Recording: a video, with or without audio and screen content, created with the Service by a member. - Customer Content: recordings, meeting titles and descriptions, agendas, branding and any other material the Customer or its members put into the Service. - Plan: one of the plans published at https://capme.app/pricing (at present Free, Solo, Team, Business and Enterprise), as described there. The features of each plan at any time are those the Service actually provides; a feature marked "Soon" is not part of the contract until it is released.

The recorder records the screen, the camera or both in the browser and produces a video file. Recording needs no account. The file is written to the browser's own storage on the user's device. In the recorder nothing is uploaded to Capme unless the user uploads it; when a member records a topic for a meeting, the take starts uploading as soon as recording stops. Saving the file to the device requires a free account (section 1). The meeting product lets a workspace run a meeting asynchronously: an agenda of topics with a speaker for each, a deadline, an audience and a playlist to watch. Recordings sent to a meeting or uploaded to the library are stored, transcoded and streamed by our EU-hosted video provider named in the Data Processing Agreement or, where the plan includes it, written directly to storage the Customer operates ("own bucket"). In the own-bucket case the video does not pass through Capme; only its poster frame does. The Customer operates and backs up its own bucket. We are not liable for the bucket or its provider. What each plan contains is shown on the pricing page at the time of the order (section 6); later changes follow section 14. The Service is built for current Chromium browsers; other browsers may not support every function. There is no software to install. Content of recordings. The Service analyses the content of a recording, for example to transcribe or summarise it, only through a feature the Customer has switched on; at present it offers none. We never train models on Customer Content (section 9). No public video platform. The Service is not a public video platform: a link that opens without sign-in exists only where the plan includes it and the workspace's settings allow it, and such links are unlisted and not indexed.

Signing in requires an email address and the six-digit code or link we send to it. There are no passwords. The user is responsible for access to their mailbox. Signing in creates an account. A personal workspace on the Free plan is created when the person sets one up in the Service. The Customer creates its workspace, names an owner and decides who joins: by invitation or, where the plan includes it and an admin has set it up, by an address at a domain the workspace has verified. The Customer is responsible for its members' use of the Service and for informing them of these Terms and of the Customer's own privacy notice. Members are bound by sections 11 and 12 when they use the Service. Admins may remove members at any time. If the removed member was a speaker, another member can take their place as a speaker; their recordings remain in the workspace. Members may leave a workspace themselves. The Customer is responsible for keeping the workspace's contact and billing details current. Notices we send to the owner's address are deemed received by the Customer.

Free. The Free plan is provided free of charge, for one person, without a term, with what the pricing page shows for it. Trial. Where Capme offers a trial, a workspace set up through signup starts with a trial on the plan chosen there, for the period shown at signup. While no trial is offered, signup creates a workspace on the Free plan. No payment details are taken. When the trial ends, the workspace keeps every recording and every setting and stops accepting new recordings, meetings and members until a plan is chosen. If no plan follows, the recordings we host are removed 30 days after the end of the trial and the workspace is deleted 365 days after it, in the same way as after a plan ends (section 8). A workspace whose trial has ended may be deleted by its owner at any time (section 13). No warranty of continuity for free use. We may modify or discontinue free features with reasonable notice, and end a free account with thirty days' notice by email; the user may have it deleted at any time. Sections 15 and 16 apply to free use with the modifications set out there.

The plans, their features and their prices are those published at https://capme.app/pricing at the time of the order. All prices are net of VAT. - Solo is priced per month or per year for one person. - Team and Business are priced per speaker per month or per year, with the minimum number of speakers shown on the pricing page. The number of speakers ordered is the number invoiced. The Customer sets that number itself in the workspace's billing panel; it can never fall below the number of members who are speakers. Speaker seats may not be passed back and forth so that more people record than are paid for. A speaker added during a period is invoiced pro rata from the day it is added: on a monthly plan with the next invoice, on a yearly plan at once. A speaker removed from a monthly plan is credited on the next invoice. A speaker removed from a yearly plan is not credited, and the next year is invoiced for the number of speakers ordered at that time. Nothing is refunded during a period. - Enterprise, custom prices, payment on invoice for a monthly plan and more speakers than the pricing page offers are priced by individual agreement. A plan includes the limits shown on the pricing page, among them the number of videos kept in the cloud, the length of an upload, the number of topics per meeting and the retention window. Reaching a limit stops the next upload or invitation; it never deletes anything. Changing plans. The Customer can move to a higher plan, and from monthly to yearly payment, in the workspace's billing panel. The change takes effect at once on the existing subscription: the unused part of the current period is credited against the new price, and the difference is invoiced at once. A move to a lower plan or from yearly to monthly payment is agreed with us individually. Price changes. We may change prices with at least thirty days' written notice to the owner's address. A change applies from the next billing period after the notice period. The Customer may terminate the plan with effect from that date. Enterprise prices are fixed for the agreed term.

Solo, Team and Business are paid in advance, monthly or yearly, by card or SEPA direct debit through our payment service provider. On a yearly plan the Customer may instead pay by invoice and bank transfer; the invoice is due within 14 days of its date. Custom prices, payment on invoice for a monthly plan and more than 500 speakers are agreed individually and invoiced, with payment due within thirty days of the invoice date. Enterprise is paid as agreed in the order form. Invoices, the payment method and the cancellation are available in the workspace's billing panel. Invoices are issued electronically and contain the information required by §14 UStG. German VAT is charged to customers in Germany. For customers in other EU member states with a valid VAT identification number the reverse-charge procedure applies (§13b UStG, Art. 196 Directive 2006/112/EC); we verify the number against VIES when the billing details are saved (section 1) and the Customer is responsible for its validity. Supplies to customers outside the EU are not subject to German VAT; the Customer is responsible for any tax due in its own jurisdiction. If a payment is late, statutory default interest applies (§288(2) BGB). If a payment is more than fourteen days overdue, we may lock the workspace for new recordings, meetings and members until payment is received. Reading and deleting remain possible while a workspace is locked. Nothing is deleted because of a late payment. The Customer may set off or withhold payment only for counterclaims that are undisputed or established by a court.

Monthly plans (Solo, Team and Business paid monthly) run for one month and renew for a further month unless terminated with effect from the end of the current month. Yearly plans (Solo, Team and Business paid yearly) run for twelve months and renew for a further twelve months unless terminated with effect from the end of the current year. Termination of a monthly or yearly plan is made in the workspace's billing panel or by email to hello@capme.app. Agreed annual terms (individually agreed terms, and Enterprise unless agreed otherwise) run for twelve months and renew for a further twelve months unless terminated with thirty days' notice to the end of the term. Termination for cause remains unaffected for both parties; for us in particular if the Customer is in default of payment despite a reminder, uses the Service in breach of section 11 or has confirmed a business status it does not have. What happens at the end. When a plan ends the workspace is locked: recordings, meetings and settings remain readable, and nothing new can be added until a plan is chosen again, which lifts the lock. The Customer can have its recordings exported as video files and its audit log sent as CSV, free of charge, at any time before and for 30 days after the end of the plan. When those 30 days have run out we remove the recordings we host from our video provider; the meetings, their topics and the records describing each recording stay in the workspace, which shows them without the video. Recordings in the Customer's own bucket are not touched. 365 days after the end of the plan, if no plan has been chosen by then, we delete the workspace as described in section 13, without the grace period of a deletion the owner requests. We tell the owner and the admins by email at least 7 days before each of the two steps, and neither runs earlier than 7 days after that email. The Customer may delete the workspace earlier at any time. A trial that ends without a plan is treated the same way (section 5). Switching (EU Data Act). The Customer may at any time ask to switch to another provider or to its own infrastructure, or to have its data exported and then erased, by email to hello@capme.app. The switch begins on the date the Customer names, at the latest two months after the request. A transition period of thirty days follows, during which the Service continues in full and we support the export. If the switch cannot be completed within thirty days for technical reasons, we tell the Customer within fourteen days of the request, give the reasons and name a longer period of at most seven months. The contract for the workspace ends when the switch is complete, at the latest when the transition period ends. The data that can be exported: recordings as video files in the standard format the Service produced them in (MP4 or WebM); meetings, agendas and topics, members and their roles, audiences, watch progress, settings and the audit log as JSON or CSV. Not included are our software, the renditions our video provider makes for streaming, and our own records, such as invoices. Export is free of charge. This list, kept current here, is our register of the data structures and formats for export under Article 26 of the Data Act; JSON and CSV files name each field. After the contract ends the Customer may retrieve all data listed above for a further 30 days. We then erase all of it, as section 13 describes for deleting a workspace but without the grace period; only records we must keep by law (section 13) are retained. Where the Customer uses its own bucket, the recordings never left its infrastructure. A switch during a yearly plan or an agreed term ends the contract early. The fees for the rest of that term remain payable; they are a fee for early termination, not a charge for switching.

Ownership. Customer Content belongs to the Customer or its members. We claim no rights in it beyond the licence below. Licence to operate the Service. The Customer grants us the non-exclusive right, for the term of the contract, to store, transcode, stream, display and copy Customer Content to the extent necessary to provide the Service to the Customer and its members and to the people they share it with. We do not use Customer Content for any other purpose and never train models on it. Its content is analysed only by a feature the Customer has switched on (section 3). The people recorded. Recordings contain the faces, voices and screens of the people in them. The Customer is responsible for the lawfulness of making, storing and sharing recordings of its employees and other persons, including any information, consent or co-determination that its own law requires. The Service supports this: publishing a meeting outside the workspace is possible only by the organiser and only with a confirmation that every speaker agreed. Claims of third parties. If a third party, in particular a person recorded, asserts a claim against us because of Customer Content or because the Service was used in breach of this section or section 11, the Customer indemnifies us against the claim and the reasonable costs of our legal defence, to the extent the Customer is responsible for the breach. We inform the Customer of the claim without undue delay, do not acknowledge it without the Customer's consent and, where possible, leave its defence to the Customer. Reports of unlawful content (Digital Services Act). Anybody may report content they believe to be unlawful to hello@capme.app, with the link or location of the content, the reasons, a statement that the report is made in good faith, and their name and email address unless the report concerns an offence under Articles 3 to 7 of Directive 2011/93/EU. We confirm receipt, review each report diligently and objectively, and tell the reporter what we decided. If we remove or block content, or suspend an account, because content is unlawful or breaches section 11, we tell the Customer and the member concerned the reasons and how to object, including before the courts, and a person reviews any objection sent in reply. People moderate content; we use no automated detection. Our single point of contact for authorities and users under Articles 11 and 12 DSA is hello@capme.app, in German or English.

For personal data that the Customer and its members put into a workspace, the Customer is the controller and we are the processor. The Data Processing Agreement at https://capme.app/dpa, including its annexes on the processing, the technical and organisational measures and the subprocessors, is part of the contract and is accepted when a trial or a plan is started. Where these Terms and the Data Processing Agreement conflict on the processing of personal data, the Data Processing Agreement prevails. For the data we process for our own purposes, in particular the data of the person signing in, the free recorder, billing and support, we are the controller. The Privacy Notice at https://capme.app/privacy describes that processing.

The Service may not be used to: - record, store or distribute content that is unlawful, that infringes the rights of others, or that harasses, threatens or defames a person; - record a person or a screen without the authority to do so; - share sign-in codes, circumvent the number of speakers paid for (for example by passing speaker seats back and forth, section 6) or plan limits, or access another workspace; - probe, overload or disrupt the Service or its infrastructure, or reverse engineer it beyond what the law allows; - resell the Service or offer it to third parties as one's own, unless agreed in writing. We may suspend access that is being used in breach of this section, and will inform the Customer without undue delay unless the law prevents it.

The Service, its software, design, texts and marks belong to Capme or its licensors. The Customer receives the non-exclusive, non-transferable right to use the Service for its internal business purposes during the term. Feedback the Customer gives us about the Service may be used by us without restriction.

Retention windows. Recordings hosted by us are purged automatically after the workspace's retention window. Its length, and on which plans the Customer can shorten it, are shown on the pricing page and in the workspace's settings. Any recording or meeting can be marked to be kept; a kept recording is still deleted the moment the Customer deletes it. In the Customer's own bucket no retention window of ours applies: the bucket's own rules decide. Deleting a recording removes it from our video provider or the Customer's bucket without delay and detaches it from every meeting; the record that described it is marked deleted and kept without the video. Deleting a workspace is requested by its owner and takes effect after a grace period of fourteen days, during which nothing is destroyed and the request can be withdrawn. A paid plan stops renewing when the deletion is requested and ends with the period already paid; withdrawing the request lets it renew again. After the grace period we delete the recordings we host, the branding files and every row of the workspace including the access key to the Customer's own bucket, and the sign-in of members who no longer use the Service otherwise. Recordings in the Customer's own bucket stay there; they are the Customer's files. The workspace's audit log is kept for 365 days after each entry, as described below. Invoices and accounting records are kept for as long as commercial and tax law require (§257 HGB, §147 AO) and for the defence of legal claims. A workspace whose plan or trial ended without a plan following loses the recordings we host 30 days after the end and is deleted in the same way, without the grace period, 365 days after the end (sections 5 and 8). The audit log of a workspace is kept for 365 days. Where the plan includes it, admins export it as CSV themselves; otherwise we send it on request. Export is described in section 8.

Availability. We operate the Service with the care of a professional provider and publish its current status at https://status.capme.app. Planned maintenance is announced there in advance where possible. A specific availability commitment (an SLA) exists only where agreed in an Enterprise contract. Support. Support is provided by email to hello@capme.app in English and German, on business days. What support a plan includes is shown on the pricing page; response times exist only where agreed in an Enterprise contract. Changes to the Service. We develop the Service continuously. We may change or add features provided the core of the Service, the recorder and the asynchronous meeting with agenda, playlist and audience, remains available and the price-performance ratio is preserved. We may remove a feature with at least thirty days' notice to the owner; if the removal materially reduces what the Customer uses the Service for, the Customer may terminate with effect from the date of removal. A feature marked "Soon" is a plan, not a promise.

We provide the Service with the features described in section 3 and on the pricing page. The Customer reports defects with a description that allows us to reproduce them; we remedy reported defects within a reasonable time. Strict liability for defects that existed when the contract was concluded (§536a(1), first alternative, BGB) is excluded. Claims for defects become time-barred twelve months after the Customer became aware of the defect, except in the cases of section 16 first paragraph. Free use (the Free plan, the trial and the free recorder) is provided as available; sections 15 and 16 apply to it only to the extent that liability cannot be excluded by law, and otherwise §§521, 599 BGB apply by analogy.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, for guarantees we have expressly given and for fraudulently concealed defects. For simple negligence we are liable only for the breach of essential contractual obligations, that is obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer regularly relies, and in that case only for the damage that is typical for this kind of contract and foreseeable at its conclusion. That liability is limited, per contract year, to the higher of two amounts: the fees the Customer paid or owed for the twelve months preceding the event giving rise to the claim, or 2,500 € on Solo and 10,000 € on Team, Business and Enterprise, unless an Enterprise contract sets another amount. For the loss of data we are liable only for the cost of restoring it from the copies a diligent customer would have kept. Hosted recordings are stored redundantly in the EU, without a separate backup; the Customer keeps its own copy of recordings that matter, for example through an export on request or, where the plan includes it, in its own bucket. Claims for damages against us become time-barred twelve months after the Customer became aware, or without gross negligence would have become aware, of the circumstances giving rise to them, except in the cases of the first paragraph. These limitations apply also to our employees, representatives and subprocessors. Liability under the Data Processing Agreement is governed by that agreement and Art. 82 GDPR. If the user of the free recorder or of a free account is a consumer, the limitations in this section and in section 15 apply only as far as the law permits them against consumers. For free use, §§521 and 599 BGB continue to apply by analogy.

Each party keeps confidential the information of the other that is marked confidential or is recognisably confidential by its nature, including Customer Content, and uses it only for the purposes of the contract. The obligation does not apply to information that is public, that the receiving party already knew, or that has to be disclosed by law or court order; in the last case the receiving party informs the other party where permitted. The obligation continues for three years after the end of the contract; for Customer Content it continues indefinitely.

We may change these Terms where a change in the law, a court decision, a change in our subprocessors or infrastructure, a security requirement or the development of the Service under section 14 requires it, or to close a gap that has become apparent. We will send the changed Terms to the owner's address at least thirty days before they take effect, together with a summary of what changed, and raise a notice inside the Service. A change that does not reduce the Customer's rights or increase its obligations takes effect at the end of the notice period. Any other change also takes effect then, unless the Customer objects in text form before that date. The notice points out the right to object, the deadline and what happens if the Customer does not object. If the Customer objects, the Terms in force continue to apply, and either party may terminate the plan with effect from the date the change would have taken effect. Changes to the core of the Service, to prices or to the liability regime are never introduced by this procedure. Editorial changes. If a change only corrects an obvious error, updates our contact details or rewords a provision without changing its content, it takes effect when it is published, without a notice period, provided it neither reduces the Customer's rights nor increases its obligations. We point it out inside the Service. For a free account, the notice goes to the account's own address. A user who does not accept a change may have the account deleted at any time. Every version of these Terms carries a version number and an effective date, and the Service records which version a workspace or an account accepted.

The contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. A consumer keeps the protection of the mandatory provisions of the law of the country where they habitually reside. If the Customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is Düsseldorf; we may also sue at the Customer's seat. These Terms exist in German and English. Both are binding; where they differ, the German version prevails. Should a provision be or become invalid, the remaining provisions remain unaffected, and the statutory provisions apply in place of the invalid one (§306(2) BGB). We may transfer the contract to a company affiliated with us (§15 AktG) or to the acquirer of the Service. We tell the Customer at least thirty days in advance, and the Customer may terminate with effect from the date of the transfer; fees paid in advance for the time after that date are refunded. A free account may instead be deleted at any time. Questions about these Terms: hello@capme.app.