Terms | Chaptter

Terms and Conditions

Last Updated: 5 June 2023

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the Chaptter mobile application (the "Service" or “Chaptter”) operated by WEGLUE S.L. ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Chaptter mobile application.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Service

Our Service is intended to be used by groups of Users who are closely related to each other by personal links and trust relations. Illustrative examples may comprise members of a family or a group of close friends.
Our Service provides a long-term content storage solution to organize, share and easily access content of personal nature such as videos and photos. Users can access that content inside of the Service or can download or export their Content to their local devices or other services and applications.
Our Service allows to arrange, combine, edit, and modify individual pieces of Content posted by one or more Users to form so called “chapters”, which can themselves be exported and shared with other Users or externally to the Application.
Our Service allows Users to set up, manage and/or join groups of Users who can post, link, store, share and otherwise make available to other users certain information, text, videos, graphics, or other material ("Content").
Our Service incorporates messaging features including but not limited to the exchange of text messages among members of a group in the form of Chats. These messaging features are intended to facilitate the exchange of Content by Users and they do not constitute the primary function of the Service.
You acknowledge that it constitutes an essential feature of our Service that other Users of the groups to which you post Content will have the possibility to visualize, edit, alter, export and share your Content, which includes making your Content, or edited versions of your Content, available to other persons, either inside the Chaptter application or through other external channels.

Your Account

To use Chaptter, you must register by creating an Account.
You must be at least 16 years old to use the Service.
You can create an Account directly with Chaptter by registering with an email address.
You are identified by other users with your Name, Family Name and a profile Picture. You are not allowed to provide intentionally misleading identification data.
You shall abstain from including usernames from other social networking or similar online services, domain names or web URLs in your public profile unless explicitly requested to you by the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions that occur under your password, whether your password is with our Service or a third-party service.
You are not authorized to sell, transfer, license or assign your account, or any account rights, to any other third party.
With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, you agree that you will not create an account for anyone other than yourself.
You shall abstain from accessing the Service, or trying to access the Service, through an Account that does not belong to you.

Creating and Joining Chapters

A “chapter” is essentially a content collection (typically a list of photos and videos) that can be reproduced as a video and can be accessed by one or more Users.
Upon joining a chapter, you acknowledge that the user acting as Administrator (the User that has set up the chapter) has full powers to manage the Users belonging to that chapter as well as the Content that is associated to it. Administrators can, among other functionalities, invite Users to the chapter, remove/ban Users from the chapter, remove pieces of Content, or even entirely remove the chapter and its associated content.
As chapter Administrator, you can invite other Users to join your chapter by direct invitation (inside the application) or through an external invitation link, or invitation code. Depending on the configuration of each chapter, other users that have joined the chapter may as well invite other users to join.
Invitation links and invitation codes are intended to be distributed to Users or potential Users in a targeted manner. We advise Administrators to abstain from advertising Chaptter invitation links or invitation codes in a highly public and/or uncontrolled manner, for example by posting them on the public internet.
You shall abstain from trying to get connected to chapters to which you have not been invited to. In the event that you, either inadvertently, by accident or on purpose, join a chapter to which you have not been invited to, you shall leave that chapter immediately upon becoming aware of the circumstance.
We reserve the right to close any chapter without prior notice or liability, for any reason whatsoever, including without limitation any group that we believe may be used in breach of these Terms of Use.

Uploading Content

You are responsible for the Content that you upload to the Service, including its legality, reliability, and appropriateness.
By uploading Content to the Service, you grant us the right and license to use, modify, display, reproduce, and distribute such Content on and through the Service, subject to our privacy policy.
By uploading Content to the Service, you acknowledge that such Content becomes instantly and automatically accessible to all current and future members of the chapters to which you have posted such Content. You acknowledge that Users who are or may become members of the Groups to which you have posted Content may edit, modify, combine, export and share your Content. Chaptter will not be liable for any use or disclosure of any Content that you post to the Service by these Users.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, (ii) your Content is not subject to any obligation of confidence on the part of Chaptter, and (iii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You are not allowed to upload violent, discriminatory, unlawful, infringing or hateful content via the Service.
You are not allowed to upload Content of commercial or advertising nature without express, written consent from us, or unless you post such Content through dedicated platforms or channels established for this purpose by Chaptter.
You agree that we are not responsible for, and do not endorse, Content posted within the Service. We do not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You acknowledge that we may, at our sole discretion, prevent your Content from being displayed to other Users, including without limitation in case that some other User or Users have reported such Content as inappropriate or offensive.
In case that your Content is reported as inadequate or offensive by other User or Users, we reserve the right to prevent the reported Content from being displayed to other Users according to automatic rules and algorithms without having to examine ourselves the nature of the Content. In such cases, your reported Content will not be automatically removed from our Servers and will remain accessible to you. Repeated posting of Content deemed to be inappropriate or offensive by other Users may constitute a breach of these Terms and may lead to Termination of the Service.
Chaptter reserves the right to remove any Content without prior notice or liability, for any reason whatsoever, including without limitation any Content that it believes is in breach of these Terms of Use.

Handling of your Content by other Users

Unless otherwise stated by you, other Users belonging to the same chapters that you do will have the possibility to export, edit and share the content that you post to those chapters.
If you prefer that Users belonging to certain chapters that you have joined do not have the possibility to export, edit or share your Content, you can indicate this circumstance by establishing the adequate Privacy Settings within the Service. You acknowledge that these Privacy Settings do not constitute a warranty that other Users may not have access to your Content or bring your Content out of the application and into the public domain through different means, including without limitation the manipulation of their local devices, the capture of your Content while being displayed, the interception the data communication between their devices and our Servers or any other technical means.
You acknowledge that even if you remove the Content from our Service, external copies that may have been produced by other Users before the removal of the Content, including without limitation local copies cached in their devices or copies already exported outside the Service, fall entirely outside our control.

Handling Content of Other Users

Exercise common sense and your best judgment if you intend to post or make public Content that belongs, or partially belongs, to other Users. Please consult with those other Users before publicly posting their Content if you have doubts on whether they may prefer their Content not to be posted publicly.

Interacting with other Users - Conduct Guidelines

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Chaptter is not responsible or liable for the conduct of any User.
You are expected to behave respectfully, responsibly and prudently when interacting with others, including when you submit or post Content or any personal or other information.
You acknowledge that Chaptter does not verify or grant any warranty, explicit or implied, about the identity of its Users. In particular, Chaptter does not carry out a verification that the names and pictures of our Users correspond to their true identities. We strongly advise that you do not exclusively rely on other Users’ represented names and photographs to form yourself an opinion of their identity or personal traits.
You shall abstain from using our Service to post Content that
- contains credible threats or hate speech,
- targets private individuals to degrade, shame , blackmail or harass them,
- encourages violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases,
You shall abstain from repeatedly posting unwanted comments, content, invites to chapters or any other forms of harassing communications to any Chaptter Users.
You acknowledge that we do not actively engage in monitoring, moderating or editing contents or comments made by Users, particularly in the case of Content intended to be exchanged only among members of a chapter – in other words, Content not meant to be accessible by the general public.
In the case that you experience unwanted or what you deem as inadequate behavior from other User or Users, you may employ the range of functionalities incorporated in our Service to protect you from such behaviour. These functionalities include blocking other Users, removing Users or inadequate Content from chapters (in case that you are Group Administrator), reporting Content as inadequate or offensive and withdrawing from unwanted Groups.
Chaptter reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users. In the event that you experience serious offenses through our Service, we encourage you to rely on local authorities and/or organized associations to protect your rights.

Restrictions in the use of the Service

You may not, nor may you permit any third party, directly or indirectly, to:

Access, monitor or extract any material or information on Chaptter using any manual process or robot, spider, scraper, or other automated means.
Except to the extent that any restriction is expressly prohibited by law, work around, bypass, or circumvent any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled, or decompile, disassemble or otherwise reverse engineer the Services.
Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure.
Exploit the Service for profit via a rental, lease or other arrangement.
Use the Services for any illegal or illegitimate activity or in any way that exposes you, other Chaptter users, our partners and providers, or Chaptter to harm.
Otherwise use the Service except as expressly allowed under these Terms.

If we reasonably suspect that your Chaptter account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you and your Chaptter account with law enforcement.

Use of Data Communications

As an audiovisual content storage and sharing platform, Chaptter is a data-intensive application.

You acknowledge that the use of data networks for transmitting and receiving information connected with the Chaptter application may imply data communication charges by your communications provider, and you agree that you are responsible for all data charges you incur through use of the Service.

Standard Service and Premium Services

The standard features of our Service are provided for free.

In exchange for receiving the standard Service, you grant us the right to display to you, alongside your Content and Content from other Users, Content of advertising or promotional nature without any right for compensation for you. Chaptter has no obligation to signal or indicate that any given Content displayed in our Service is of advertising or promotional nature.

In addition to our standard Service, we may choose to offer a range of additional paid-for products or services (“Premium Services”). Premium Services may comprise access to additional storage space, special features of our mobile application such as exporting videos of longer duration, or access to Content that may not be otherwise be accessible. Premium Services will be made available for purchase through our mobile application.

Purchases

You may access parts of the Services for free, and other services and products require payment of subscription and/or other fees (“Premium Services”). Fees charged may be one-time payments or automatically renewing payments as described in more detail in the respective Services.

By choosing to access and/or buying or subscribing to Paid Content, you authorize us to charge your credit card or other approved payment method for all the costs and charges that apply to such paid content. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions and purchases made by you or through your or by anyone that has used your Account(s).

If you wish to purchase any Premium product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Please note that we may use a third-party payment processor to facilitate payments in the Services. If you make a purchase through a third-party application store, such as Apple App Store or Google Play Store, your purchase will be subject to such third party’s applicable payment policy.

If you choose to sign up for an auto-renewable subscription for Premium Services, you understand that and authorize that your subscription will automatically renew at the end of the subscription period and that payment for the renewal period is automatically charged from you using the payment information you have provided, unless you cancel your subscription before the end of the then-current subscription period. If you purchased a paid subscription via third party, such as Apple App Store or Google Play Store, you can cancel the paid subscription via such third party following the applicable terms and payment policies of such third party.

Except as specifically provided otherwise, any payments are always FINAL and NON-REFUNDABLE.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied or reproduced through the Service in a way that constitutes copyright infringement, you must submit your notice in writing to the attention of "Copyright Infringement" to info@chaptter.eu and include in your notice a detailed description of the alleged Infringement.

Upon reporting an alleged copyright infringement, you shall submit at least the following information:

i. Your complete contact information (full name, mailing address and phone number).

ii. A description of the content on our site that you claim infringes your copyright.

iii. Reasonably sufficient Information to permit us to locate the material on our Service.

iv. A declaration that:

You have a good faith belief that use of the copyrighted content described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law.
The information in your notice is accurate.
Under penalty of perjury, you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Your electronic signature or physical signature

We may provide your name, contact information and the contents of your report to the person or persons who posted the content you are reporting. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. You may wish to provide a professional or business email address for this reason.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of WEGLUE S.L. and its licensors.

Specifically, when the user downloads or extracts by any other means a video generated by Chaptter, Chaptter grants a non-exclusive limited license to use that video exclusively for domestic purposes. The license covers the right to share the content with other users, including the publication in social networks, as long as such publication is not carried out for monetization purposes. It is not allowed to extract, from videos generated by Chaptter, any piece of content such as music, photos or videos unless that content has been uploaded by the user, or to use such pieces of content for any other purpose or context other than the generated video.

The Service is protected by copyright, trademark, and other laws of both Spain and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WEGLUE S.L.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by WEGLUE S.L.

WEGLUE S.L. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that WEGLUE S.L. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease and you will not be allowed to continue using the service, either by creating a new account or by using any other account that you may have created prior to the termination or suspension of your account.

If you wish to terminate your account, you may remove your Account from the Service using the appropriate Settings.

Upon removing your Account, we will proceed to make your Content inaccessible to other Users. Any Groups of which you are the sole Administrator will also be removed from the service.

You are advised that removing your Account from the Service does not imply the removal of Content that you may have posted while using the Service and which may have been already exported or copied by other Users, including without limitation any of your Content that may have been incorporated in chapters made by you or by other Users.

You acknowledge that once you have removed your Account from the Service, you will no longer have the possibility to recover the removed Account or the Content associated to a removed Account.

Limitation of Liability

In no event shall WEGLUE S.L., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

(i) your access to or use of or inability to access or use the Service;

(ii) any conduct or content of any third party on the Service;

(iii) any content obtained from the Service; and

(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

(v) any action in connection.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

WEGLUE S.L., its subsidiaries, affiliates, and its licensors do not warrant that

a) the Service will function uninterrupted, secure or available at any particular time or location;

b) any errors or defects will be corrected;

c) the Service is free of viruses or other harmful components; or

d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

If you have any questions about these Terms, please contact us at info@chaptter.eu