Teleprompter & Captions AI Terms of Service

Last updated: October 1, 2025

1. GENERAL PROVISIONS

PLEASE READ CAREFULLY THIS TERMS OF SERVICE AS IT AFFECTS YOUR OBLIGATIONS AND LEGAL RIGHTS. THIS TERMS OF SERVICE APPLIES TO ALL OUR SERVICES AND/OR PRODUCTS. THE FOLLOWING TEXT OUTLINES THE TERMS OF USE OF OUR APPLICATIONS, SERVICES AND WEBSITE. YOU SHOULD ALSO REVIEW OUR PRIVACY POLICY, WHICH OUTLINES OUR PRACTICES TOWARDS HANDLING ANY PERSONAL INFORMATION THAT YOU MAY PROVIDE TO US.

This Terms of Service (the "Terms") outlines the terms and conditions of use of the Teleprompter & Captions AI mobile application (the "Mobile application") provided by OpticalVPN, LLC. ("OpticalVPN"). The term "Services" means OpticalVPN LLC. applications, the Website (the "Site"), products, services, software and accompanying documentation that related to the Teleprompter & Captions AI mobile application and its functionality. These Terms govern the use and access to Services. Our Privacy Policy is incorporated by reference into these Terms, and is subject to the provisions of these Terms.

This Terms also constitutes an agreement, which is concluded between OpticalVPN LLC., 6-G Trostyanetska Street, Kyiv city, Ukraine, 02091 (identification number of the legal entity in the Unified state register of enterprises and organizations of Ukraine 44369491) and you, as User of our Services. According to this Agreement OpticalVPN LLC. provides Users with the right to use the Mobile application and its functions according to assignment specified in Section 3 of this Terms.

By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent ("you") to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the "Agreement") between you and OpticalVPN. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, YOU MAY NOT USE OUR SERVICES.

YOU MAY NOT CREATE AN ACCOUNT, ACCESS OR USE THE SITE OR THE SERVICES UNLESS YOU CAN ENTER INTO A BINDING LEGAL AGREEMENT WITH OPTICALVPN AND YOU ARE NOT PROHIBITED FROM DOING SO UNDER APPLICABLE LAW. You acknowledge that you have reached 18 years and registration information provided by you is accurate and complete. You assume all responsibility for the use or access to the Site or the Services.

BY ACCESSING, REGISTERING, USING, INSTALLING OR DOWNLOADING THE MOBILE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS TERMS AND AGREE TO BE BOUND BY THEM AND TO FULLY COMPLY WITH THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF OUR SERVICES. IF YOU DO NOT AGREE, DO NOT ACCESS, INSTALL, DOWNLOAD OR USE THE MOBILE APPLICATION. BY AGREEING TO THESE TERMS, YOU ARE ALSO AGREEING TO THE PRIVACY POLICY (ANNEX №1).

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and for all fees associated therewith (such as computing devices, Internet service provider, and airtime charges).

2. DEFINITIONS

The Website or the Site shall mean the website maintained at telecap.app and/or all the subdomains of the website «telecap.app». The Website gives Users an opportunity to read information about our Services and the Mobile application.

The Mobile application – a complex software with relevant functional assignment specified in these Terms. The Mobile Application provides a suite of tools for video creators, including a teleprompter and an AI-powered transcription service for generating video captions. The transcription technology is provided by OpenAI, L.L.C.

Services – collectively refers to the "Teleprompter & Captions AI" Mobile Application, its features, any associated software, the official website (telecap.app), and all related content, documentation, and support provided by OpticalVPN, LLC.

The Administration – the person (persons) authorised by OpticalVPN LLC. to implement management of the Mobile application and other actions related to its usage.

The User means a person (individual) who has an access to the functionality of the Mobile application and/or otherwise uses our Services.

User Content – any and all scripts, text, data, and materials that a User creates, writes, imports, or submits through the Services. User Content also includes the audio component of your videos, which is temporarily extracted and uploaded to our servers for the exclusive purpose of generating a transcription. For the avoidance of doubt, your complete video files are not uploaded to our servers and remain on your device.

Account – record which contains data that User reports when registering via the Mobile application. It contains data needed for the User authorisation when using the Mobile application.

Registration – the procedure of creating an account.

Intellectual Property Rights – means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or another intellectual property right, and all similar or equivalent rights or forms of protection, in any part of the world.

3. ABOUT THE MOBILE APPLICATION AND SERVICES

The Mobile Application is a software tool intended to assist Users in the video creation process. The Services are provided on an "as-is" basis, and their functionalities are offered to help streamline the User's workflow, without guarantee of performance or specific outcomes.

By using the Services, the User can perform several actions for which they are solely responsible, including but not limited to:

The User explicitly understands and agrees that certain features, particularly AI-powered transcription, rely on third-party services (such as OpenAI). The availability, quality, and performance of these features are subject to the limitations and terms of these third parties, over which we have no control. It is the User's exclusive responsibility to critically review, verify, and correct any AI-generated output before any use, publication, or distribution.

We do not guarantee the permanent storage or availability of any User Content, and Users are responsible for maintaining their own backups. The Services should not be used as a primary or sole backup solution for scripts or other data. If we determine at our sole discretion that a User is misusing the Services for unintended purposes, such as using it as a generic file storage or backup service for data unrelated to the application's core functionality, we reserve the right to suspend or terminate the User's Account. In such an event, we may delete all User Content associated with the account from our servers without prior notice and without any liability to the User.

Usage of OpenAI services within our Mobile Application is subject to the terms and policies of OpenAI, which are available for review at https://openai.com/policies. By using our Mobile Application, you also agree to OpenAi's terms and policies. If you do not agree, you should refrain from using our Mobile application.

4. USER CONTENT

You are the exclusive owner of your User Content. We do not claim any ownership rights over the scripts or other materials you create. Your video and audio files remain on your device and are not collected or stored by us, except for the temporary processing of audio for transcription as described in our Privacy Policy.

To operate the Services, we require a limited license from you. By submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, and process your User Content solely for the purposes of providing and improving the Services for you.

You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit and that your User Content does not violate any law or infringe the rights of any third party.

For clarity, it is important to distinguish between User Content stored on our servers (such as scripts) and data stored locally on your device. Any video files recorded using the Mobile Application, as well as any configured subtitles or edits applied to them, are stored exclusively on the User's local device. This data is not synchronized with or backed up to our servers. Consequently, if the User deletes the Mobile Application, resets their device, or performs any other action that results in the removal of application data, all such locally stored videos and subtitles will be permanently and irretrievably lost. We bear no responsibility for the loss of any data stored locally on your device.

5. INTELLECTUAL PROPERTY

Excluding your User Content, you acknowledge that all Intellectual Property Rights in and to the Services, including the Mobile Application, website, logos, and all related content, are the exclusive property of OpticalVPN, LLC and its licensors. These Terms do not grant you any right, title, or interest in the Services, other than the limited, revocable right of use in accordance with these Terms.

If you provide us with any ideas, suggestions, or other feedback in connection with your use of the Services (collectively, "Feedback"), you agree that such Feedback is non-confidential. You grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, copy, modify, and otherwise exploit such Feedback for any purpose, without any compensation to you.

6. COPYRIGHT INFRINGEMENT POLICY

We respect the intellectual property rights of others. If you believe that any User Content on our Services infringes upon your copyright, please send a notice of infringement to our designated Copyright Agent with the following information:

Our designated Copyright Agent for notice of alleged copyright infringement is: support@telecap.app.

We reserve the right to remove any User Content alleged to be infringing without prior notice and at our sole discretion. We may also terminate a User's account if they are determined to be a repeat infringer.

7. PRIVACY POLICY

OPTICALVPN, LLC. is committed to your privacy. For the sake of clarity and transparency, we have placed all information related to personal data collection in a separate document known as the PRIVACY POLICY (ANNEX №1), which is available on the Site and incorporated into this Agreement by reference. Please review the PRIVACY POLICY in its entirety to get a clear understanding of how we handle your personal information.

8. CHANGES TO THE TERMS

We may update the Terms from time to time without notice. If you continue to use Services after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Your use of the Service following the changes to these Terms constitutes your acceptance of the changed Terms. The Terms can also be found in the app's settings.

9. SUBSCRIPTIONS AND PAYMENT

You can install the Mobile application by downloading from the Apple App Store. In order to use the Mobile application, you will need a paid subscription, which is available in the application after registration. Subscription options and their prices are available in the application. All our paid Premium Plans are subscribed on a service period basis. All subscriptions are automatically renewed unless you unsubscribe at least twenty-four (24) hours before expiration of the current subscription period. Deleting an app does not cancel your subscription. Your Apple ID will be charged for renewing your subscription within 24 hours before the end of the current subscription period. The renewal period will be for the same period of time as the initial period (free trial period is not taken into account). By activating your subscription, you agree to become a subscriber for the period you have chosen.

Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription at least 24 hours before the free trial ends. If you have started a free trial version of a paid subscription and unsubscribe before expiration of trial period, you will not be able to reactivate the free trial version. Free trial versions are only available to users who have not yet used the free trial versions. If you try to run more than one free trial version, you will be immediately charged standard subscription fee.

You acknowledge and agree that all billing and transaction processes are handled by the Apple App Store. The purchase, use and unsubscription of Premium Plan are regulated by the terms of the Apple App Store, which are available at the following address https://www.apple.com/legal/internet-services/itunes. We do not have access to Apple ID accounts and does not have the ability to manage Apple App Store subscriptions.

We reserve the right to change subscription prices. If price increases, Apple App Store will notify you and, if necessary, ask for your consent to continue.

Signing up for a subscription constitutes acceptance of all of the terms of this Agreement.

If you still have any questions about your subscription, you can contact our support service at the following address: support@telecap.app

10. CANCELATION

You can cancel your subscription at any time. To do this, you need to go to the "Manage Subscriptions" category in the settings of your Apple ID account. To learn more about unsubscribing, visit https://support.apple.com/en-us/HT202039. We do not have access to manage subscriptions activated through the Apple App Store.

11. REFUND POLICY

Subscriptions purchased through the Apple App Store are subject to Apple's refund policy. To get a refund, you need to contact Apple App Store support service. The funds are returned solely at the discretion of Apple Support Service. To request a refund, visit https://support.apple.com/en-us/118223. We do not have access to manage subscriptions activated through the Apple App Store. The decision to grant a refund is at the sole discretion of Apple.

12. ACCEPTABLE USE POLICY

Whenever you use Services, you agree to comply with these Terms, all applicable laws, regulations, and policies. YOU MAY NOT USE OUR SITE, APPS, SOFTWARE, OR SERVICES, TO POST OR TRANSMIT ANY ILLEGAL MATERIAL, INCLUDING WITHOUT LIMITATION ANY TRANSMISSIONS THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, OR OTHERWISE VIOLATE ANY LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW OR REGULATION. IN PARTICULAR, THE FOLLOWING IS A REPRESENTATIVE, NON-EXHAUSTIVE LIST OF ACTS THAT ARE PROHIBITED:

We require that you do not misuse our Services. A misuse refers to any use, access, or interference with Services contrary to the Terms or applicable laws and regulations.

You understand that it is your responsibility to keep your account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones.

We reserve the right to take appropriate measures when Services are being used contrary to these Terms and applicable laws, including cooperating with public or private authorities as provided by law. Furthermore, we reserve the right, in case of breach of this Agreement, to, inter alia, restrict or suspend, in whole or in part, the access to Services, as well as to initiate legal actions, if you misuse the Service.

If we are contacted with a complaint connected to, or because of your use of the Services, we will decide at our sole discretion if your usage is in violation of this Agreement and may terminate your account without notice.

Right holders, who draw the conclusions that, by means of the contents downloaded via Services, their legal interest, for e.g. the intellectual property, is violated, can contact us at support@telecap.app so that we can prevent the further access to such content.

13. MODIFICATION AND TERMINATION OF SERVICES

We may at any time modify or discontinue, temporarily or permanently, all or any part of Services or your account, with or without notice, and you agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance, or for any inconvenience, malfunction, or failure that may result from such changes. Our Services are not intended to be used in countries where offering or providing Services is illegal, and we do not offer Services in such countries or to citizens of such countries, including the countries of Iran, Cuba, North Korea, Syria, Sudan or Russian federation.

14. CHILDREN AND MINORS

By using our Services, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the Site and/or Services where the age of majority is greater than eighteen (18) years of age. If you are under the age of eighteen (18) and/or under the age of majority in the jurisdiction you reside and from which you access the Site and/or Service, then you are expressly prohibited from accessing the same. You understand and acknowledge that the internet may contain information that may be inaccurate, offensive, indecent, illegal in various jurisdictions, or may be inappropriate for certain. You agree that OpticalVPN is not liable for providing access to or any damages or losses resulting from such information. In accordance with the Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 18.

15. SECURITY

If you open an account to use or access the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide an e-mail address and password. You are entirely responsible for maintaining the confidentiality of your password. Please, change your password on a regular basis. You may not sell, or trade that Account to any other person.

You agree to notify us immediately of any unauthorized use of your account, e-mail address, or password. We are not liable for any loss that you or any third party incur as a result of someone else using your password, either with or without your knowledge. We reserve the right to terminate your account at any time.

16. EXPORT CONTROL LAWS

The Services and Software may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services or downloading any Software from us, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.

17. LICENSE TO USE THE SERVICES

Subject to your compliance with these Terms, we grant you a personal, limited, non-transferable, non-exclusive, and revocable license to use the Mobile Application and Services. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others (e.g., as a service bureau).

Furthermore, you may not distribute, publicly perform or display, lease, sell, assign, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms.

You hereby represent and warrant that you will use the Services for your video creation and content production needs and in full compliance with all applicable local, state, national, and international laws, rules, and regulations. Your account is for your sole use and you agree not to share your account credentials or provide access to any other person.

18. THIRD-PARTY CONTENT AND SERVICES

We are not responsible for any data, content, or materials that you import into the Services from third-party sources (e.g., importing scripts or adding images from your gallery). You are solely responsible for ensuring that you have the necessary rights and permissions to use any content you import into the Mobile Application.

Furthermore, the Services integrate with third-party AI services (like OpenAI) to provide features such as automated captioning. We are not the creator or publisher of the AI-generated content. We are not responsible for the content, accuracy, timeliness, or delivery of any information or data provided by these third-party AI services. As stated elsewhere in these Terms, you are solely responsible for reviewing and verifying all AI-generated content.

Meta (Facebook) SDK — ads measurement

We run ads on Meta platforms (e.g., Facebook, Instagram) and integrate the Meta (Facebook) SDK in our iOS app solely to measure and attribute conversions from our campaigns. We do not use Facebook Login and do not show ads inside the app via this SDK. Details on data categories, retention and your choices are described in our Privacy Policy.

19. DISCLAIMER OF WARRANTIES

THIS SECTION IS CRITICAL. PLEASE READ IT CAREFULLY.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

We may, but are not obligated to, maintain the Services with periodic releases of bug fixes, updates, or upgrades. We will determine, at our sole discretion, the frequency and scope of such releases, and you will have no claim, demand, or cause of action against us for providing or for the lack of any such releases.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. The User acknowledges that the Services may be subject to unavailability for a variety of factors beyond our control, including emergencies, third-party service failures, transmission or network problems, or during scheduled and emergency maintenance. Delays or omissions may occur. We are not responsible for data lost, not delivered, or misdirected because of interruptions or performance issues with the Services. The accuracy and timeliness of data received is not guaranteed.

YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT THE AI-POWERED CAPTIONING FEATURE IS NOT INFALLIBLE AND MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR REVIEWING, EDITING, AND VERIFYING THE ACCURACY OF ANY AI-GENERATED CAPTIONS BEFORE USING THEM FOR ANY PURPOSE, ESPECIALLY IN A PUBLIC OR COMMERCIAL CONTEXT. WE ARE NOT LIABLE FOR ANY DAMAGES, LOSSES, OR HARM ARISING FROM INACCURATE CAPTIONS.

20. LIMITATION OF LIABILITY

THE ADMINISTRATION IS NOT RESPONSIBLE FOR ANY ACTIONS OF THE USERS. UNDER NO CIRCUMSTANCES WILL OpticalVPN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("OpticalVPN PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS ($50.00) OR THE TOTAL AMOUNT YOU PAID FOR THE SERVICES IN THE LAST SIX (6) MONTHS, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Your sole and exclusive remedy for any dispute with us is the discontinuation of your use of the Service. You agree to release us, our affiliates, and third-party service providers from claims, demands, and damages of every kind and nature, arising out of or in any way connected with your use of our Services.

Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

Access to, and use of, the Services are at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

21. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless OpticalVPN, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the site or our Services, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. This Section shall survive termination of these Terms.

22. CLASS ACTION WAIVER

Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and we specifically agree to do so in writing following initiation of the proceedings. This provision is not applicable to the extent such waiver is prohibited by law.

23. FORCE MAJEURE

We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

24. ASSIGNMENT

In the event that our company is acquired by or merged with a third-party entity, or should we sell, transfer, or otherwise dispose of the Mobile Application or its core assets to another party, we may, without your prior written consent, assign this Agreement and our rights and obligations hereunder to the new owner or entity. The rights and obligations of the Parties under this Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties. Any assignment by you not in accordance with this Agreement shall be void.

25. EXTERNAL SERVICE PROVIDERS

In order to make our Services available, we cooperates with third party providers. We make best efforts to monitor and choose our partners and secure the services provided to you. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. We are not responsible for the availability or compliance of the content provided by Third Party Providers.

26. RELATIONSHIP OF THE PARTIES

The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party. Relationship which arises from this Agreement is regulated in accordance with the laws of Ukraine.

27. ELECTRONIC COMMUNICATIONS

You agree to receive communications from us electronically, e.g., by email, application messages, etc. and consent that such notifications satisfy any legal requirement for communication in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.

When communicating with our customer support representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

Should you have any questions, comments or concerns regarding the Site or Services, customer service may be contacted at any time via support@telecap.app.

28. APPLICABLE LAW AND DISPUTES RESOLUTION

These Terms are regulated by and construed in accordance with the laws of Ukraine. The venue of any action arising out of or in connection with this Agreement shall be Ukraine. Each party hereby agrees jurisdiction and venue of Ukraine, and disclaims any objection to such jurisdiction and venue.

All of the disputes related to this Terms are resolved through negotiations. If the dispute can not be resolved in the specified way then it is the subject to further consideration in courts of Ukraine. Any reason for a claim relating to these Terms and/or the Site and/or the Service should be filed in the courts located in Ukraine and according to the legislation of Ukraine, and you hereby agree to and submit to the exclusive jurisdiction of such courts.

29. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

30. FAIR USE POLICY

For subscription plans that are advertised as "unlimited," we operate under a Fair Use Policy to prevent fraud and abuse of our services. While we do not enforce a hard limit on the number or size of scripts for most users, this is subject to a policy of fair and reasonable use. If we determine, at our sole discretion, that a User's usage is so excessive that it impacts the stability of our servers, degrades the service for other users, or appears to be abusive (e.g., automated submissions, usage grossly disproportionate to that of an average user), we reserve the right to take action. Such action may include, but is not limited to, issuing a warning, temporarily throttling the User's connection, or suspending or terminating the User's Account without a refund.

31. FINAL PROVISIONS

If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

32. ANNEXES

This Agreement contains the following annexes which are its integral part (and also are an independent legal documents):

33. CONTACTS

OpticalVPN LLC.
6-G Trostyanetska Street, Kyiv city, Ukraine, 02091
support@telecap.app