Terms of Use

1. About these Terms

These Terms of Use (the “Terms”) govern your use of the Captions Cut mobile application (the “App”) and the website at captionscut.com (the “Site”), together the “Service”. The Service is provided by Uğur Altıntaş, an individual developer based in Türkiye (“we”, “us”, “our”).

Our Privacy Policy explains how we handle personal data and forms part of these Terms.

2. Accepting the Terms

By downloading, installing or using the App, or by using the Site, you agree to these Terms. If you don’t agree, don’t use the Service. If you use the Service on behalf of an organisation, you confirm that you are authorised to accept these Terms for it.

3. Who can use the Service

You must be at least 13 years old to use the App. If you are under the age of legal majority where you live, or under the age at which you can consent to the processing of your personal data in your country, you may only use the App with the permission of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the App, including any purchases.

4. Your licence to use the App

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App is licensed, not sold, to you.

You must not, and must not help anyone else to:

• copy, modify, distribute, sell, rent or sublicense the App;
• decompile, reverse engineer or disassemble the App, or try to derive its source code, except where the law allows this despite this restriction;
• access our servers other than through the App, including with scripts, bots or modified clients, or bypass or interfere with app integrity checks, credit balances, usage limits or other security features;
• use the Service to build a competing product or to resell transcription to others; or
• use the Service in any way that breaks the law or these Terms.

5. Apple’s terms and the App Store

The App is distributed through Apple’s App Store. In addition to these Terms, your use of the App is subject to Apple’s Licensed Application End User License Agreement (the “Standard EULA”). If these Terms and the Standard EULA conflict, these Terms prevail to the extent the Standard EULA allows. Because Apple requires it, the following also applies:

1. Parties. These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the App and its content.
2. Scope of licence. Your licence is limited to using the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where available.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the App, as described in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the App.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You confirm that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints or claims about the App should be sent to Uğur Altıntaş, Türkiye, at legal@captionscut.com or support@captionscut.com.
9. Third-party terms. You must comply with any applicable third-party terms when using the App, such as your mobile carrier’s terms.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

6. Subscriptions, purchases and auto-renewal

The App is free to download. Some features require Captions Cut Pro, an auto-renewing subscription available monthly or yearly, and transcription requires credits (see section 7). The price and what is included are shown in the App before you buy. Prices may vary by country and may include taxes.

• Billing. All purchases are made through Apple. Payment is charged to your Apple ID account when you confirm the purchase. We never receive your payment card details.
• Auto-renewal. A subscription renews automatically for the same period and price unless you cancel it at least 24 hours before the end of the current period. Your account is charged for the renewal within the 24 hours before the current period ends.
• Managing and cancelling. You can manage or cancel your subscription at any time in your Apple ID account settings on your device (Settings > [your name] > Subscriptions). Cancellation takes effect at the end of the current billing period, and you keep access until then. Deleting the App does not cancel a subscription.
• Price changes. If the price of a subscription changes, Apple will tell you in advance and, where required, ask for your consent before the new price applies.
• Offers. If we offer an introductory price or free trial, its terms are shown before you confirm the purchase.
• Refunds. Refunds for App Store purchases are handled by Apple under its policies; we cannot issue them ourselves. You can request a refund at reportaproblem.apple.com. Any statutory right of withdrawal you have is exercised through Apple under its terms.

Nothing in this section limits any rights you have under mandatory consumer protection law.

7. Credits

Transcription in the App is paid for with credits, shown as “CRD”. One credit covers one second of audio transcribed, rounded up to the next whole second for each video. The App shows an estimated cost before a transcription starts; the credits used are based on the length of the audio submitted.

• How you get credits. Captions Cut Pro includes an allowance of credits for each billing period. You can also buy one-time credit packs.
• Order of use. Subscription credits are used before credits from packs.
• Expiry. Credits from purchased packs do not expire. Subscription credits expire at the end of the billing period in which they were granted and do not roll over.
• Failed transcriptions. If a transcription fails, the credits used for it are returned to your balance automatically.
• No cash value. Credits are a limited, revocable licence to use the transcription feature. They are not money, have no cash value, cannot be exchanged for cash or anything else, and cannot be sold, transferred or used outside the App.
• Refunds. Credits are not refundable, except where Apple grants a refund or where applicable law requires one. If a credit purchase is refunded, we may remove the corresponding credits from your balance.
• Your balance. Because the App has no user accounts, your balance is tied to this installation of the App and to purchases made with your Apple Account. Use Restore in the App to reconnect purchases after reinstalling the App or changing devices. We will help where we can, but we cannot always recover a balance after the App is deleted. We may correct a balance that is wrong because of an error or misuse.
• Discontinuation. If we permanently stop offering transcription, we will give reasonable advance notice in the App or on the Site so you can use your remaining credits. This does not affect any refund you are entitled to by law.

8. Your content

“Your Content” means the videos you import, the audio extracted from them, and the transcripts, captions, translations and exports you create. You keep all ownership rights in Your Content. We do not claim ownership of it.

Your videos and projects stay on your device. When you ask the App to create captions, it sends the sound of the video to our servers to be transcribed. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit and process that audio and the resulting transcript only as needed to provide the transcription to you, to support you and to reconcile billing, for the periods described in our Privacy Policy. This licence includes our service providers acting on our behalf. It ends when the data is deleted. We do not use Your Content for advertising and we do not sell it.

You are responsible for Your Content. You confirm that you own it or have all the rights, licences and permissions needed to use it with the Service, including the consent of people who can be seen or heard in it where the law requires that.

You must not use the Service to process or create content that:

• is unlawful, or infringes anyone’s copyright, trademark, privacy, publicity or other rights;
• sexually exploits or endangers children, in any way;
• harasses, threatens, defames or incites hatred or violence against any person or group;
• contains recordings of people made or used without the consent the law requires; or
• is intended to deceive people in a way that causes harm, such as fraud or impersonation.

We may suspend access to transcription for anyone who breaks this section.

9. Automatically generated captions and translations

Transcripts, captions and translations are produced automatically. Automated output can contain errors, omissions, wrong words, wrong timing or inaccurate translations, especially with background noise, music, accents, names or overlapping speakers.

You should review and correct captions before you publish them. You are responsible for what you publish. Don’t rely on the Service where accuracy is critical, such as for legal, medical or safety information, or where captions must meet a certified accuracy standard.

10. Watermark on free exports

Videos exported without an active Captions Cut Pro subscription include a Captions Cut watermark. You agree not to remove, crop out or obscure the watermark other than by exporting with an active Pro subscription. Videos exported before you subscribed keep their watermark.

11. Fonts and third-party services

The App includes fonts distributed under open licences, the SIL Open Font License 1.1 and the Apache License 2.0. You may use them in the videos you create with the App. The font files themselves remain subject to their licences; the App lists them under Settings > Font licences, and our Legal notices page links to the licence texts.

The Service relies on third-party service providers, as described in our Privacy Policy. We are not responsible for services that are outside our control, and your use of Apple’s services is also subject to Apple’s terms.

12. Our intellectual property

The App, the Site and everything in them, including the software, design, caption templates, text, graphics and the Captions Cut name and logo, are owned by us or our licensors and protected by intellectual property laws. Apart from the licence in these Terms, you get no rights in them. If you send us feedback or suggestions, we may use them without any obligation to you.

13. Availability and changes to the Service

We work to keep the Service reliable, but we don’t promise that it will always be available, uninterrupted or error-free. Creating captions needs an internet connection and depends on third-party providers. We may change, add or remove features, set usage limits, or stop offering parts of the Service. If a change materially reduces what you have paid for, we will tell you in advance where reasonably possible, and section 7 applies to credits. The App may require a minimum version of iOS, and some features, such as translation, require newer versions.

14. Disclaimers

To the extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

Some countries do not allow these disclaimers. If you are a consumer, you keep the rights you have under the mandatory laws of your country of residence, and nothing in these Terms limits them.

15. Limitation of liability

To the extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or content, arising out of or in connection with the Service or these Terms. To the extent permitted by law, our total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid for the Service in the 12 months before the event giving rise to the claim and (b) USD 50.

These limits do not apply to liability for death or personal injury caused by our negligence, for fraud, for damage caused intentionally or by gross negligence, or to any other liability that cannot be excluded or limited by law.

16. Your responsibility for claims

To the extent permitted by law, you agree to compensate us for reasonable losses and costs, including reasonable legal fees, that result from a third-party claim caused by Your Content or by your breach of these Terms.

17. Ending your use

You can stop using the Service at any time by deleting the App. Deleting the App does not cancel a subscription; cancel it in your Apple ID settings as described in section 6.

We may suspend or end your access to the Service if you seriously or repeatedly break these Terms, if the law requires it, or to protect the Service or other users. To the extent permitted by law, unused credits are forfeited if we end your access because you broke these Terms. Sections that by their nature should survive, including those on credits, your content, intellectual property, disclaimers, limitation of liability, governing law and general terms, continue after your use ends.

18. Changes to these Terms

We may update these Terms from time to time, for example when we change the Service or when the law changes. We will post the updated Terms on this page and change the date at the top. If a change is material, we will give you reasonable notice in the App or on the Site before it takes effect. If you keep using the Service after the changes take effect, you accept the updated Terms. If you don’t agree, stop using the Service and cancel any subscription.

19. Governing law and disputes

These Terms are governed by the laws of the Republic of Türkiye, without regard to its conflict-of-law rules. The competent courts and enforcement offices of Türkiye have jurisdiction over any dispute arising from these Terms or the Service.

If you are a consumer, this choice of law and jurisdiction does not deprive you of the protection of the mandatory laws of your country of residence, and you may also bring proceedings in the courts of the country where you live where the law gives you that right. Consumers in Türkiye may also apply to the Consumer Arbitration Committees or consumer courts within the limits set by law.

Before starting any formal proceedings, please email legal@captionscut.com so we can try to resolve the issue informally.

20. General

These Terms, together with the Privacy Policy and, where it applies, the Standard EULA, are the entire agreement between you and us about the Service. If any part of these Terms is found to be unenforceable, the rest remains in effect. If we don’t enforce a right, that isn’t a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours to someone who takes over the Service, provided your rights are not reduced. If we provide a translation of these Terms, the English version prevails to the extent permitted by law.

21. Contact