Terms and Conditions

These Terms of Service (“Terms,” “Agreement”) are an agreement between Scapu Incorporation (“Scapu,” “us,” “we,” or “our”) and you (“User,” “you,” or “your”). This Agreement governs your use of the Scapu mobile application and any related products or services (collectively, the “App” or “Services”). Our handling of personal data is described in our Privacy Policy, which is incorporated into this Agreement by reference. Please read it alongside these Terms.

If you create an account with Scapu, you are responsible for maintaining the security of your account and are fully responsible for all activity that occurs under it. Providing false contact information may result in termination of your account. You must notify us immediately of any unauthorized use of your account or other breach of security. We are not liable for any acts or omissions by you, including damages resulting from such acts or omissions. We may suspend, disable, or delete your account if we determine that you have violated this Agreement or that your conduct or content damages or could damage our reputation or goodwill. If we delete your account for these reasons, you may not re-register, and we may block the email address and IP address associated with your account.

We do not own any data, information, or material (“Content”) that you submit through the App. You are solely responsible for the accuracy, legality, and appropriateness of, and your right to use and share, all Content you submit. We do not acquire a license to use, reproduce, adapt, modify, publish, or distribute your Content for commercial, marketing, or similar purposes unless you specifically permit it. You do grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform your Content solely as needed to provide the Services to you. We may, at our sole discretion, remove or refuse any Content that we reasonably believe violates our policies or is harmful, unlawful, or objectionable.

Scapu is not directed to children, and you must be at least 13 years old to create an account. We do not knowingly collect personal information from anyone under 13. If we learn that we have collected personal information from a child under 13 without verified parental consent, we will delete that information promptly. This policy is intended to comply with the U.S. Children’s Online Privacy Protection Act (COPPA). If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us at support@scapuapp.com so we can investigate and remove it. Separately, certain areas of the App may contain mature or adult content, as described below. Access to that content requires that you be at least 18 years old, regardless of the general 13-and-over account age.

Certain areas of the App may contain adult or mature content. A warning will be shown before such content is displayed. Individuals under 18, or who are not permitted to access such content under the laws of their jurisdiction, may not access it. Certain areas of the App are unavailable to users under 18 under any circumstances.

We perform regular backups of Content and will use commercially reasonable efforts to ensure their completeness and accuracy. In the event of hardware failure or data loss, we will attempt to restore from backups to minimize impact and downtime, but we do not guarantee complete or error-free recovery.

The App may link to other mobile applications or websites. We do not imply approval, association, sponsorship, or endorsement of any linked application unless specifically stated. We are not responsible for the content, policies, or practices of any third-party application, and any use of a linked application is at your own risk.

In addition to other restrictions in this Agreement, you may not use the App or its Content:

This Agreement does not transfer to you any intellectual property owned by Scapu or third parties; all such rights remain solely with Scapu or its licensors. All trademarks, service marks, graphics, and logos used in connection with the App are the property of Scapu or its licensors, or of the relevant third parties. Your use of the App grants you no right or license to reproduce or otherwise use any Scapu or third-party trademark.

We respect the intellectual property rights of others and expect users to do the same. If you believe Content on the App infringes your copyright, you may submit a notice to our designated DMCA agent with the following information:

Personal data is needed to operate and improve the App. By creating an account, you consent to the collection and use of your personal data as described in our Privacy Policy. We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect personal data against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security. In the event of a data breach affecting your personal information, we will notify affected users and relevant authorities as required by applicable law. Nothing in this Agreement limits any rights you may have under applicable data breach or privacy laws that cannot be waived by contract.

Your use of the App is at your own risk. The Services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. Any material downloaded or obtained through the Services is accessed at your own discretion and risk.

To the fullest extent permitted by law, Scapu, its affiliates, officers, directors, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, punitive, or consequential damages (including lost profits, revenue, goodwill, or business interruption), however caused, even if advised of the possibility of such damages. To the maximum extent permitted by law, our aggregate liability relating to the Services is limited to the greater of (a) zero dollars, or (b) the amount you actually paid us in the one month preceding the event giving rise to the claim. This limitation applies even if a remedy fails its essential purpose, except where applicable law does not permit such limitation — including, in some states, claims arising from a failure to maintain reasonable data security.

You agree to indemnify and hold harmless Scapu and its affiliates, directors, officers, employees, and agents from any liabilities, losses, damages, or costs (including reasonable attorneys’ fees) arising from third-party claims related to your Content, your use of the Services, or your willful misconduct.

This Agreement and any dispute arising from it are governed by the laws of the Commonwealth of Massachusetts and applicable U.S. federal law, without regard to conflict-of-law principles. Agreement to Arbitrate: Except for claims that may be brought in small claims court, you and Scapu agree that any dispute arising out of or relating to this Agreement or the Services will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court. Class Action Waiver: You and Scapu agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. To the extent any dispute is not subject to arbitration, the exclusive jurisdiction and venue for such disputes shall be the state and federal courts located in Massachusetts, and each party consents to personal jurisdiction there.

The rights and restrictions in this Agreement apply only to the extent they do not violate applicable law, and are intended to be limited so as not to render this Agreement illegal, invalid, or unenforceable. If any provision is held illegal, invalid, or unenforceable, the remaining provisions remain in full force and effect.

You may not assign, resell, sub-license, or otherwise transfer your rights or obligations under this Agreement without our prior written consent. We may freely assign our rights or obligations under this Agreement, in whole or in part, including as part of a sale of assets, merger, or acquisition.

We may modify this Agreement or related policies at any time, effective upon posting an updated version in the App. We will post a notification of material changes in the App. Continued use of the App after such changes constitutes your acceptance of the updated terms.

By using the App or its Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree, you are not authorized to use or access the App.