Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Incentv Technologies Inc. (“Capy,” “we,” or “us”) and govern your access to and use of the Capy website, products, APIs, and related services (the “Service”). By accessing or using the Service you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

1. Accounts

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for maintaining the security of your credentials. Notify us immediately at privacy@capy.sc if you suspect unauthorized access.

2. Acceptable use

You agree not to:

• use the Service to violate any law or to infringe the rights of others;
• reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent permitted by applicable law;
• interfere with, probe, or disrupt the Service or its infrastructure, including by bypassing rate limits or security controls;
• use the Service to transmit malware, spam, or harmful content, or to conduct credential stuffing or similar attacks;
• resell, sublicense, or make the Service available to third parties except through features we expressly provide.

3. Your content and secrets

You retain all rights to the data, secrets, and content you submit to the Service (“Customer Content”). You grant us a limited, non-exclusive, worldwide license to host, process, and transmit Customer Content solely as necessary to provide the Service to you. You are solely responsible for the lawfulness of Customer Content and for obtaining any consents required to submit it.

4. Fees and payment

Paid features are billed according to the plan you select. Unless otherwise stated, fees are non-refundable, exclusive of applicable taxes, and due in advance. Payments are processed by Stripe; by providing payment details you authorize us and Stripe to charge your chosen payment method. We may change pricing with reasonable prior notice.

5. Intellectual property

The Service, including all software, documentation, and branding, is owned by Capy or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. No other rights are granted by implication or estoppel.

6. Third-party services

The Service may integrate with or rely on third-party services (for example, cloud providers and identity providers). Your use of those services is subject to their terms, and we are not responsible for their acts or omissions.

7. Beta and preview features

Features designated as beta, preview, experimental, or similar are provided “as is” for evaluation and may be modified or discontinued at any time. They are excluded from any service-level commitments.

8. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

9. Limitation of liability

To the maximum extent permitted by law, in no event will Capy be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service. Our aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid to us in the twelve months preceding the event giving rise to the claim or (b) USD 100.

10. Indemnification

You will indemnify and hold harmless Capy and its affiliates, officers, and employees from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to your Customer Content, your use of the Service, or your breach of these Terms.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service if you breach these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination (including those on Customer Content licenses, disclaimers, limitations of liability, indemnification, and governing law) will survive.

12. Changes to the Service and these Terms

We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will provide reasonable notice (for example, by updating the “Last updated” date and, where appropriate, by email or in-product notice). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. Governing law and disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Vancouver, British Columbia will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing in this section limits any mandatory consumer-protection rights you may have under the laws of your country of residence.

14. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Capy regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

15. Contact

Incentv Technologies Inc.
14th Floor, 555 Burrard St, Vancouver, BC V7X 1M8, Canada
Email: privacy@capy.sc