Terms of Use — Capya
Effective date: November 7, 2025
Website and app: learningcapya.com and related subdomains (the "Service")
These Terms of Use ("Terms") are a binding agreement between you and [Capya legal entity name] ("Capya", "we", "us", "our"). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
1) Eligibility and accounts
You must be at least 13 years old (or the age required by your jurisdiction) to use the Service.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2) Plans, billing, and auto‑renewal
Billing unit: creators and admins only. Students are free within plan limits. Admins count as creators.
Subscriptions renew automatically unless canceled. You can cancel at any time to stop future charges; amounts already paid are non‑refundable unless required by law or expressly stated.
Seat changes take effect immediately and are billed at the full applicable fees; no proration applies. Taxes may apply. Payments are processed by our payment processor (e.g., Stripe).
3) Student limits and fair use
Team: 10 active students per creator, pooled at the workspace level. Business: 100 active students per creator, pooled.
"Active student" means a user who validated email in a workspace and remains active until deactivated by an admin.
Attempting to activate a student beyond the allowance may require adding a creator seat or upgrading plans. We reserve the right to enforce fair use and rate limits to protect the Service.
4) AI credits and BYOK
Unified AI credits: one shared pool per workspace that covers generation, Tutor, and embeddings. Credits scale with the number of creators.
When credits are exhausted, interactive operations may be paused or queued until credits are replenished. Credit packs (top‑ups) do not expire during your active subscription term and are non‑refundable.
BYOK (Business): workspaces may connect their own OpenAI API key for all AI operations. When BYOK is enabled, Capya credits are not consumed; usage is billed by your AI provider subject to their terms.
5) Storage and content limits
Included storage: Free 1 GB total; Team 10 GB per creator, pooled; Business 100 GB per creator, pooled. Additional storage may be purchased as add‑ons.
We may set reasonable technical limits on file size, indexing volume, and throughput. We may block or remove content that violates these Terms or applicable law.
6) Your content and license to Capya
You (or your workspace) retain all rights to content you upload, connect, or create in the Service.
You grant Capya a worldwide, non‑exclusive, royalty‑free license to host, process, index, embed, transmit, display, and otherwise use your content solely to provide and improve the Service. This license ends when your content is deleted from active systems, subject to normal backup cycles.
You represent that you have the rights necessary to upload or connect the content and to authorize Capya to process it as described.
7) AI features and usage rules
AI features transform your selected content into outlines, lessons, quizzes, and explanations, and provide in‑lesson tutoring. Outputs may require human review; you are responsible for verifying accuracy and suitability.
You agree not to use AI features to generate or disseminate unlawful, harmful, or infringing content, or to attempt to extract underlying models, prompts, or hidden system information.
8) Integrations and third‑party services
When you enable an integration (e.g., Google Drive, Notion, Zoom), you authorize Capya to access the third‑party service as necessary to provide the feature.
Third‑party services are governed by their own terms and privacy policies, and Capya is not responsible for their acts or omissions. You may revoke integration access at any time.
9) Acceptable use
You agree not to:
- Violate any law or infringe third‑party rights.
- Upload or link to malware, or attempt to disrupt or compromise the Service.
- Reverse engineer, decompile, or attempt to derive source code, models, or prompts, except to the extent permitted by law.
- Bypass or disable security or usage limits, or misrepresent identities.
- Submit content that is illegal, defamatory, harassing, hateful, or sexually explicit, or that contains others' personal data without proper authorization.
- Use the Service to create substantially similar competing datasets or services by systematic scraping, copying, or benchmarking beyond fair use.
10) Intellectual property
The Service and all content provided by Capya, including software, documentation, and branding, are protected by intellectual property laws. Except for rights expressly granted, no rights are transferred to you.
You may not remove, obscure, or alter any proprietary notices.
11) Feedback
If you submit ideas, suggestions, or feedback, you grant Capya a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit the feedback without restriction or compensation.
12) Privacy and data protection
Your use of the Service is subject to our Privacy Policy at learningcapya.com/privacy.
Where applicable, a Data Processing Addendum (DPA) may govern Capya's processing of personal data on behalf of your workspace.
13) Security
We use industry‑standard safeguards to protect the Service. However, no system is perfectly secure, and you use the Service at your own risk. You are responsible for safeguarding your account credentials.
14) Suspension and termination
We may suspend or terminate access to the Service if you violate these Terms, fail to pay fees, or create risks for the Service or other users.
You may terminate at any time by canceling your subscription and discontinuing use. Certain provisions survive termination, including ownership, confidentiality, disclaimers, indemnity, and limitations of liability.
15) Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPYA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE.
16) Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPYA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
CAPYA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO CAPYA FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS.
17) Indemnification
You will indemnify and hold Capya, its affiliates, officers, agents, and employees harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any law or third‑party right.
18) Governing law and dispute resolution
[Select governing law and venue, e.g., the laws of the State of Delaware, without regard to conflict of laws.]
[Optional] Any dispute will be resolved by binding arbitration under the rules of [arbitration body], on an individual basis. You waive any right to participate in class actions or class arbitrations.
19) Changes to the Service and to these Terms
We may modify the Service and these Terms at any time. Changes will be effective when posted on learningcapya.com/terms or when we notify you by email or in‑app.
If you continue using the Service after changes take effect, you agree to the updated Terms.
20) Contact
Questions about these Terms can be sent to: legal@learningcapya.com
Postal mail: [Add registered address]