Terms of Service

1. Definitions

Throughout these terms, the following words have specific meanings:

“Service” refers to the Continuity Capture mobile application and any associated cloud features.

“Production” refers to a film, video, or media project, represented as a project workspace within the app.

“Admin” refers to the user who creates or manages a production workspace and controls access for other team members.

“Content” refers to all photos, notes, tags, and other materials created or uploaded within a production.

“You” refers to any individual who uses the Service.

2. Using Continuity Capture

By using Continuity Capture, you agree to these terms. You must be at least 18 years old, or have permission from an employer or legal guardian, to use the Service.

You can use the app to capture, organize, and share production-related photos, notes, and reference materials. Some features, including team collaboration and AI-powered tools, may require an account or a paid plan.

You agree to use the app lawfully and not misuse the Service or attempt to interfere with how it works.

3. Accounts & Access

Some features require you to sign in.

You are responsible for maintaining the security of your account and for any activity that occurs under it. If you believe your account has been compromised, you should notify us promptly.

Production admins control who can access a production workspace. Access may be granted, denied, or revoked at their discretion.

4. Production Content & Ownership

All content created within a production workspace belongs to that production. Continuity Capture does not claim any ownership of your content.

Ownership of production content and associated intellectual property is determined by the parties involved in the production. Continuity Capture takes no position on and has no role in disputes over content ownership between production participants.

If a team member is removed from a production, their access is revoked and any locally stored project data is deleted from their device. The production retains all content.

By using the app, you grant Continuity Capture a limited license to store, process, and display your content solely for the purpose of providing the Service. This license ends when your content is deleted from the Service.

5. AI Features

Continuity Capture may include AI-powered tools to help organize, tag, and review production images.

These tools are designed to assist your workflow, not replace human judgment. Results may not always be accurate or complete and should be reviewed by your team before relying on them.

We do not use your production photos or data to train AI models. Your content remains private to your production and is only processed to provide features within the app. Your content is never shared across productions.

AI features may use third-party services to process your content. These services are bound by agreements that prohibit them from using your data for their own purposes. When photos are sent for AI processing, the images themselves are not retained by these services beyond what is necessary to process the request. Descriptions, tags, and other results generated by AI features are stored within your production as part of the Service.

AI features may be updated, changed, or removed at any time as part of ongoing improvements to the Service.

6. Data & Storage

Continuity Capture is designed as an offline-first application. Data is stored locally on your device using a local database. For team features, data is also stored securely in the cloud and synced across approved devices.

Sync

Cloud sync is provided on a best-effort basis. Sync may be delayed, interrupted, or temporarily unavailable due to network conditions, server maintenance, or other factors. Data created or modified while offline will sync when a connection is restored, but the timing and completeness of sync is not guaranteed. In rare cases, sync conflicts may occur when the same content is modified on multiple devices. We recommend maintaining your own backup practices for any content that is critical to your production.

Archival & Deletion

Productions may be archived by an admin. Archiving a production may result in the permanent deletion of cloud-stored photos and files while retaining project metadata. It is the admin's responsibility to export or back up any content needed before archiving a production.

Free Tier

The free tier operates locally on your device only, without cloud sync or backup. Content stored under the free tier exists solely on your device and is subject to device loss, damage, or failure. Continuity Capture is not responsible for any loss of locally stored data.

While we take reasonable steps to protect your data, no system is completely secure or guaranteed to be free from loss. You are responsible for ensuring any critical production data is handled according to your own backup and security requirements.

7. Availability & Changes

We may update, modify, or discontinue parts of the Service at any time, with or without notice.

We do not guarantee uninterrupted or error-free operation of the app.

8. Acceptable Use

You agree not to:

• use the app for unlawful purposes
• attempt to access data that is not yours
• interfere with or disrupt the Service
• upload harmful or malicious content

We may suspend or terminate access if these terms are violated.

9. Security

We take the security of your production data seriously.

Photos are stored securely on Google's cloud infrastructure and protected using industry-standard encryption practices, including encryption at rest. Access is restricted to invited and approved production team members. Continuity Capture does not access production data unless required to provide support or resolve an issue at your request.

Continuity Capture uses a combination of access controls, secure cloud infrastructure, and application-level protections to help keep your data private.

While we take reasonable steps to protect your data, no system can guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and ensuring appropriate practices within your production.

10. Limitation of Liability

We stand behind the app, but there are limits to what we can be responsible for.

To the fullest extent permitted by law, Continuity Capture is provided “as is” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We are not liable for:

• loss of data, including data lost due to sync failures, device issues, or archival
• production delays or scheduling impacts
• lost profits or revenue
• indirect, incidental, special, or consequential damages

Our total liability for any claims arising from your use of the Service will not exceed the amount you paid for the Service in the 12 months preceding the claim, or $100 if no payment has been made.

We are not responsible for failure or delay caused by events beyond our reasonable control, including but not limited to internet or infrastructure outages, third-party service disruptions, natural disasters, or government actions.

The Service is provided as a tool and should not be relied upon as the sole source of critical production decisions.

11. Indemnification

You agree to indemnify and hold harmless Continuity Capture, its owners, and its affiliates from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your misuse of the Service or violation of these terms.

12. Termination

We may suspend or terminate access to the Service at any time, including for violations of these terms or misuse of the platform.

You may terminate your account at any time by contacting us. Upon termination, you may request deletion of your account data. Deletion of production content is subject to the production admin's control, as content belongs to the production, not to individual users.

13. Dispute Resolution

If a dispute arises between you and Continuity Capture, we encourage you to contact us first so we can try to resolve it informally.

If we are unable to resolve a dispute informally, you agree that any claims will be resolved through binding arbitration on an individual basis, rather than in court. You and Continuity Capture both waive the right to participate in a class action, class arbitration, or other representative proceeding.

Notwithstanding the above, either party may bring a claim in small claims court if the claim falls within that court's jurisdiction.

Arbitration will be administered under the rules of the American Arbitration Association and will take place in the State of Michigan.

14. Governing Law

These terms are governed by the laws of the State of Michigan, United States.

15. Updates to These Terms

We may update these terms from time to time. If we make material changes, we will notify you through the app or by email. Continued use of the app after notification constitutes acceptance of the updated terms.

16. Contact

If you have questions about these terms, please contact:

support@continuitycapture.app