Terms of Service

Last updated: January 15, 2025

1. Agreement to Terms

By accessing or using Caption King ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Caption King is an AI-powered service that generates Instagram captions from uploaded photos. The Service analyzes your images and creates multiple caption styles including funny, deep, short, story, and question formats. We offer various pricing plans including free trials, subscription-based access, and credit-based purchases.

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

You must be at least 16 years old to use this Service.

4. Pricing and Payment

4.1 Pricing Plans

  • Free Plan: 3 free caption generations, no payment required
  • Pro Plan: $4.99/month for unlimited captions and saved favorites
  • Credits Plan: $2.99 one-time for 10 captions that never expire

4.2 Payment Terms

  • All prices are in USD unless otherwise stated
  • Subscription fees are billed monthly in advance
  • Payment is processed through secure third-party payment processors
  • You authorize us to charge your payment method for all fees
  • Credits purchased never expire and are non-refundable

4.3 Cancellation and Refunds

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial months or unused credits
  • Refunds may be issued at our sole discretion for technical issues

4.4 Price Changes

We reserve the right to modify pricing with 30 days' notice. Early waitlist members who receive lifetime discounts will maintain their discounted rate.

5. Acceptable Use

You agree NOT to:

  • Upload illegal, harmful, or offensive content
  • Violate any intellectual property rights
  • Upload images containing minors without proper consent
  • Use the Service for spam or unauthorized advertising
  • Attempt to reverse engineer or hack the Service
  • Share your account credentials with others
  • Use automated systems to access the Service without permission
  • Resell or redistribute generated captions commercially without a business license

6. Intellectual Property

6.1 Your Content

You retain all rights to photos you upload. By uploading content, you grant us a limited license to process, store, and display your content solely to provide the Service. We do not claim ownership of your content.

6.2 Generated Captions

Captions generated by our AI are provided for your personal or commercial use. You may use them freely on your social media accounts. However, you may not resell caption generation services using our platform without a commercial agreement.

6.3 Our Property

The Service, including its design, code, algorithms, and branding, is owned by TryAIKit and protected by copyright, trademark, and other laws. You may not copy, modify, or create derivative works without permission.

7. AI-Generated Content Disclaimer

Captions are generated by artificial intelligence and may not always be accurate, appropriate, or suitable for your needs. We do not guarantee the quality, accuracy, or appropriateness of generated content. You are responsible for reviewing and editing captions before publishing. We are not liable for any consequences resulting from your use of AI-generated captions.

8. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTION KING AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers
  • Any bugs, viruses, or malicious code transmitted through the Service
  • Any errors or omissions in content or generated captions
  • Any conduct or content of third parties

Our total liability shall not exceed the amount you paid us in the past 12 months, or $100, whichever is greater.

10. Indemnification

You agree to indemnify and hold harmless Caption King, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease. All provisions that should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which TryAIKit operates, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of that jurisdiction.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through a notice on the Service. Your continued use after changes constitutes acceptance of the modified Terms. If you disagree with changes, you must stop using the Service.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Contact Information

For questions about these Terms, please contact us:

Email: hello@tryaikit.com

By using Caption King, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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