Terms of Service

Last updated: 19 October 2026

These Terms of Service ("Terms") govern the hosted Falcon service ("Service") and use of its apps, API, command-line tools and workers with that Service. They do not govern on-premises installations. The Data Processing Agreement ("DPA") forms part of these Terms and prevails for processing personal data on the Customer's behalf. Its Subprocessors list applies under the DPA. The Privacy Policy describes Captomatic's own processing of personal data.

1. Agreement

Provider: Captomatic SIA, registration No. 40203140085, Mūkusalas iela 29b, Rīga, Latvia ("Captomatic", "we"). Contact: [email protected]

The email above is the Digital Services Act contact point. Communications with Service users are in English; authorities may use Latvian or English.

Customer: the person or entity owning a site ("Customer" or "you"), whether on a free or paid plan. The Customer is responsible for its authorised users' compliance with these Terms.

The Service is offered for business and professional use only; the Customer confirms it does not act as a consumer. Anyone accepting these Terms for an entity must have authority to do so.

Every user accepts these Terms when creating an account. The Customer is bound by them through the authorised representative whose account first owns a site on its behalf, whether that site is created with the account or later. The same Terms cover its additional sites and subscriptions. The user guide is explanatory; only its applicable allowances, rates and restrictions are incorporated under section 3.

2. Accounts

• You provide accurate account details, protect credentials and manage your users' access.
• Every site owner acts for the Customer, including on billing.
• Service notices go to site owners' email addresses; you keep them current.
• Authorised Captomatic staff may act through your account in a support session to troubleshoot the Service, as described in the Privacy Policy.
• A site owner deletes each site they own or hands it to another owner before closing the account.

3. Plans and allowances

Free and Base plans are self-serve. Enterprise is agreed separately, and that agreement prevails over sections 3 to 6 and 14 where they differ.

Applicable allowances, usage rates and restrictions are shown in the Service and on the user guide's plans and billing page, subject to section 14. Features marked as planned or not yet built are not commitments to deliver them.

Free is a discretionary offer without a subscription fee. Its continued availability, particular features and future allowances are not guaranteed. Captomatic may change its eligibility, allowances, credit calculations, limits and features, or discontinue it, under sections 6 and 14. Ending Free does not enrol you in a paid plan or authorise charges.

Processing credits are usage units, not money or purchased prepaid balance. Credit calculations, metering methods and usage rates may change under section 14, including how many credits an operation consumes. A prepaid balance is denominated in EUR and does not guarantee a fixed quantity of future processing or storage.

Per-period allowances reset without carrying over. Limits may pause processing or prevent uploads or captures. Storage above the allowance without a balance to pay for it is subject to deletion, oldest media sets first, after the published grace period.

Launch and stabilization

Free and paid self-serve plans are in a launch and stabilization period through 31 March 2027 inclusive. This designation ends on 1 April 2027.

During this period, Captomatic is developing and stabilizing the Service and evaluating its operating costs and commercial viability. Features, workflows, integrations, performance, allowances, credit calculations and usage rates may change frequently under section 14. The end date does not promise completion of particular features or any particular service level.

Sections 6 and 14 apply both during and after this period, including paid-plan protections, applicable notice requirements, discontinuation and data exit rights. The period does not guarantee that the Service or a plan will remain available until its end date.

4. Fees and payment

• Fees are in EUR before applicable taxes. Subscriptions are billed monthly in advance and renew automatically until cancelled; top-ups are charged when purchased.
• Payment is collected through Stripe on the site's own customer record, and you keep the invoicing details on it correct.
• Base is priced per seat, and you buy seats explicitly. Added seats are invoiced at once and apply only once the invoice is paid. Fewer seats apply at the end of the paid period; nothing is refunded for the remainder.
• During Stripe's renewal retries, the paid allowance remains. If the subscription becomes unpaid or ends, the site returns to Free if that plan remains available. Paying an open invoice restores an unpaid subscription; a new subscription is possible after the previous one ends, subject to plan availability.
• Fees are not refunded except under section 6 or where mandatory law requires it.

5. Prepaid balance

A site on a paid plan may hold a prepaid balance in EUR. The balance:

• pays only for usage beyond the included allowances, at the published rates, and never for seats;
• is bought in top-ups that are final and non-refundable, except under section 6 or where mandatory law requires it;
• is spent oldest first, and each top-up expires six months after purchase; what is unspent at that date is forfeited;
• is spendable only while the site holds a paid plan; otherwise it is frozen, nothing is spent from it and it keeps expiring on schedule;
• is forfeited when the site is deleted.

Enabling auto-reload authorises charges to the subscription's payment method without another prompt when the balance falls below your threshold. Charges use your reload amount and any budget you set; an empty budget means no period limit. A failed charge adds no balance; work waits once available funds are exhausted.

6. Cancellation, suspension and termination

Cancel a subscription in the billing portal. Cancellation takes effect at the end of the paid period without refund, except where mandatory law requires otherwise; the site then returns to Free if that plan remains available. Site deletion requires the subscription to have ended and dependent resources to have been removed.

Captomatic may suspend or terminate access or a site for material breach, unlawful content, abuse, non-payment or a legal requirement, with notice where circumstances allow and immediately where security or law demands it, subject to mandatory notice and explanation requirements.

Captomatic may discontinue all or part of the Service, a plan or a feature for technical, operational, legal or commercial reasons, including changes in costs or demand, lack of commercial viability or a decision to cease the business. Customer approval is not required, subject to mandatory law and any separate agreement. Notice follows section 14 and the requirements below.

If Captomatic discontinues a paid Service or plan and you do not agree to a replacement, the affected subscription ends when that paid Service ends. Captomatic refunds prepaid subscription fees attributable to the period after that date and any unused, unexpired purchased balance that can no longer be used because of the discontinuation. This overrides the non-refund and forfeiture provisions in sections 4 and 5. Free allowances have no refund value. Accrued charges remain payable; mandatory refund rights are unaffected.

Where Regulation (EU) 2019/1150 applies, Captomatic emails the required reasons before or when restricting or suspending access, and at least 30 days before terminating the entire Service for the Customer, subject to that Regulation's exceptions.

Personal data is returned or deleted under section 10 of the DPA. The following provisions govern exits under Chapter VI of Regulation (EU) 2023/2854 (Data Act) and prevail over conflicting cancellation, deletion or assistance terms.

Switching and exit

You can export data at any time through the authenticated API and file downloads. For a formal exit, email [email protected] identifying the affected sites and whether you will move to another provider, move to your own infrastructure or require deletion without transfer. Supply the destination provider's details where applicable. The notice period is two months unless an earlier date is agreed; it does not restrict existing export access or ordinary subscription cancellation.

After notice, switching proceeds without undue delay within a transition of at most 30 calendar days. You may extend that transition once for a period appropriate to your needs. If 30 days is technically infeasible, Captomatic explains why within 14 working days of the request and specifies an alternative of at most seven months. The affected Service ends on successful completion, or at the end of notice for deletion without transfer; Captomatic confirms termination by email.

These Terms and the applicable subscription, storage and usage charges continue throughout notice and transition, including any extension. Captomatic provides reasonable assistance to you and your authorised representatives, relevant exit information, due care to maintain the contracted Service, information about known continuity risks, and security throughout transfer and retrieval, as required by law. You arrange the destination, import and reconfiguration and cooperate in the transfer. Additional work beyond statutory obligations requires a separate paid agreement.

Export covers data and digital assets held by the Service for your sites: media and uploaded assets with their metadata; site, membership and invitation records; device, group, storage and worker settings, status and logs; media schemes and processing records; delivery settings, vouchers, purchases and activity records; and billing and usage records. Records use JSON:API and files retain their stored formats; schemas, authentication, pagination and limits are in the API documentation. File links expire and can be renewed through the API. Destination compatibility and Customer-connected storage depend on those systems. Captomatic's and third parties' software, protected templates and confidential internal operation and security data are excluded only to the extent permitted by law, without withholding your exportable data.

After transition, exportable data remain retrievable for 30 calendar days, then are fully erased once switching has completed, unless a later deletion date is agreed or law requires retention. Retention and deletion follow your instructions and the DPA, subject to mandatory switching rights. Deletion without transfer follows your request and the DPA.

API access and downloads have no separate export fee. Captomatic-hosted storage retained during retrieval is charged for its actual volume and duration at the published storage usage rate, to the extent permitted by law. Before 12 January 2027, any additional switching charge is limited to directly incurred costs disclosed in advance; from that date no switching charge, including data egress, applies. Sections 4 and 5 govern ordinary fees and unused prepayments, subject to the discontinuation refunds above; there is no additional early termination penalty.

7. Customer Data

You retain your rights in the media and other data you process through the Service. You grant Captomatic the rights needed to store, process and deliver it as you configure the Service. The DPA governs personal data processed on your behalf.

You are responsible for lawful capture, processing and delivery, including the lawful basis, required notices and consent, rights to sell media, capture settings and retention, as set out in section 4 of the DPA. The restrictions on special categories of personal data in the DPA apply.

Direct requests about capture and media to the Customer. To report allegedly unlawful content hosted by Captomatic, email [email protected] with its exact URL or other location, why you believe it is unlawful, your name and email, and confirmation that you believe the report is accurate and complete. Name and email are optional for reports of child sexual abuse or exploitation.

Captomatic staff assess reports against applicable law and these Terms and may remove content or restrict access under section 6. Captomatic acknowledges reports, communicates decisions and gives affected users reasons and information about available remedies as required by law.

The Service is not an archive. Expired or deleted media is removed through background cleanup under the DPA. Keep your own copies of anything you must retain.

8. Acceptable use

You do not:

• use the Service unlawfully or to capture, process or deliver content you have no right to;
• interfere with the Service, its infrastructure or other customers' use;
• circumvent allowances, limits, watermarks, plan restrictions or access controls;
• resell, sublicense or white-label the Service without a written agreement;
• probe or test the Service's security without Captomatic's written permission;
• exceed the rate limits published in the API documentation.

The Android app is also subject to the terms of the store it is installed from.

9. Selling to visitors

Paid delivery requires your own connected Stripe account under Stripe's terms. You are the seller and merchant of record, responsible for prices, taxes, receipts, refunds, chargebacks and disputes, using your Stripe dashboard where applicable. Any Captomatic sales fee is disclosed before it applies, subject to section 14.

You keep your Stripe account's public business and contact details accurate and provide the sale terms and consumer information required for your offers, including any requirements for immediate digital delivery. You handle visitor support and refunds. Vouchers and free unlocks are your offers.

10. Information for visitors

Visitors obtain media from the business operating the venue under that business's terms. These business Terms do not make visitors Captomatic's Customers or limit their consumer rights. Questions about purchases and refunds go to the seller.

Captomatic processes captured media and visitor records on the business's behalf under the DPA; its own processing is described in the Privacy Policy. Anyone holding an unlocked access link can access its files. Access ends if the media is deleted or delivery is disabled, and no later than any expiry shown on the delivery page.

11. Customer-run components

You are responsible for capture devices, site workers, connected storage and their networks, including hardware, credentials, security, availability and third-party costs. Work performed by Captomatic's workers consumes processing credits, including work they take over from offline site workers. Cleanup of Customer-connected storage follows section 10 of the DPA.

12. Software and intellectual property

Apps, command-line tools and worker software are licensed, not sold: a non-exclusive, non-transferable licence to use them with the Service or as documented. You do not reverse engineer them beyond what the law permits. Third-party components are subject to their own licences, and an update may be required to keep using the Service.

The Service, its software, templates, documentation and marks remain Captomatic's or its licensors'. Captomatic may use feedback you give without obligation.

13. Support and service levels

Use the documentation and in-product diagnostics first. Staff assistance, including setup and integration, requires a separate paid agreement, except assistance required by law or the DPA. No response time or service level is guaranteed unless separately agreed in writing.

14. Changes

Captomatic may change the Service, plans and these Terms for product development, technical, security, operational, legal or commercial reasons, including changes in costs or demand and the financial viability of the Service. This includes adding, changing or removing features, eligibility rules, allowances, usage rates, credit calculations, metering methods, processing priorities and other restrictions. Separate Customer approval is not required except where required by law or a separate agreement.

Routine updates, fixes and improvements that do not materially disadvantage the Customer may take effect when released, subject to the statutory requirements below. Changes apply prospectively; revised credit calculations and usage rates do not recalculate completed usage.

Captomatic emails site owners about significant changes to these Terms, material adverse changes to the Service or a plan, and discontinuation:

• For Free, notice may be given when the change takes effect unless law requires advance notice. No additional contractual advance notice period applies, including for reductions in free allowances, changes to credit calculations or discontinuation of Free.
• For paid plans, material adverse changes and discontinuation receive reasonable advance notice and any longer period required by law. Price or usage-rate increases, reduced paid allowances and changes to credit calculations that materially increase consumption for equivalent work apply no earlier than the next renewal.

The Customer may stop using the Service and cancel its subscription. Where advance notice is required, it may cancel before the change takes effect. Continued use afterwards accepts the notified change to these Terms to the extent permitted by law. Changes required by law or necessary to address an urgent security or abuse risk may take effect sooner only to the extent permitted by law.

Where Regulation (EU) 2019/1150 applies, proposed changes to these Terms, including incorporated allowances, rates and restrictions, are emailed at least 15 days in advance, or longer where necessary for technical or commercial adaptations, subject to its notice exceptions and permitted waivers. The Customer's termination right and deadline under Article 3(2) prevail over ordinary cancellation timing. These statutory requirements apply regardless of plan or payment.

Discontinuation remains subject to section 6, including applicable switching and data retrieval rights. Subprocessor changes follow section 6 of the DPA; statutory privacy notices are unaffected.

15. Warranties

The Service is provided as available, without warranties to the extent permitted by law. Captomatic does not guarantee uninterrupted availability, processing timing, capture quality or commercial results. Mandatory statutory rights are unaffected.

16. Liability

Captomatic is not liable for indirect or consequential loss, lost profits or lost sales. Its total liability arising from the Service, whether in contract, tort or otherwise, is subject to one aggregate limit across these Terms and the DPA: the amounts the Customer paid for the Service in the 12 months before the event giving rise to the claim, or EUR 100 if greater.

These limits do not apply to intent, gross negligence, data subjects' statutory rights or liability that cannot lawfully be limited.

The Customer indemnifies Captomatic against third-party claims and reasonable related costs to the extent caused by the Customer's unlawful content, capture or sales, or its breach of these Terms.

17. General

• These Terms are governed by Latvian law, with exclusive jurisdiction in Latvia except where mandatory law provides otherwise.
• Notices are given by email: to Captomatic at the contact address in section 1, to the Customer at its site owners' addresses.
• Captomatic may assign the agreement to a successor of its business; the Customer may assign it with Captomatic's consent.
• These Terms and the documents that form part of them are the entire agreement. If a provision is invalid, the rest remains in force. Not enforcing a provision is not a waiver of it.
• The English text governs over any translation.
• Provisions that by their nature survive the end of the agreement survive it.