Lapture Docs/policies/terms-of-services

Terms Of Services

01-06-2025

    Terms and Conditions

    Last updated: 01 June 2025

    1. Introduction

    1.1 These Terms and Conditions (“T&Cs”), together with our Privacy Policy and any other incorporated agreements, constitute the entire agreement between you and LS CHANNEL (UK) LTD trading as Lapture (“Lapture”, “we”, “us”, or “our”). By accessing or using the Lapture website, applications, or services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these T&Cs and all incorporated policies. If you do not agree to all the terms, you must not use the Services.

    1.2 Lapture provides a suite of Software-as-a-Service (SaaS) products designed for creators and businesses, including but not limited to Lapture Store, Lapture Chat, Lapture Auth, Lapture Filecase, Lapture Forms, Lapture Marketing Chain and Lapture Learning (each a “Lapture Service” and collectively the “Services”). These Services may involve an online storefront or marketplace for goods and digital products (the “Marketplace”), communication tools, authentication and identity management, file management, form creation, marketing and analytics tools, and other related offerings. By using the Services, you agree to comply with all applicable laws and these T&Cs.

    1.3 Lapture reserves the right to modify or update these T&Cs at any time. We will provide notice of material changes by updating the “Last Updated” date above and, where appropriate, through in-service notifications or email. Your continued use of the Services after changes are posted constitutes acceptance of the revised T&Cs. It is your responsibility to review these T&Cs periodically to stay informed of updates.

    1.4 You represent that you have the legal authority to agree to these T&Cs. If you are using the Services on behalf of an organisation, you warrant that you have the authority to bind that organisation to these T&Cs. If you do not have such authority, you may not use the Services.

    1.5 The Services are intended only for users who are at least 13 years old. By accepting these T&Cs, you affirm that (i) you are at least 13 years of age or older (and that you meet any higher age requirement under your local law); and (ii) if you are under the age of majority in your jurisdiction, you have your parent’s or guardian’s consent to use the Services. Lapture does not knowingly collect personal data from children under the age of 13. If we learn that a user under 13 has used the Services without parental consent, we will terminate that user’s account and delete any personal data, consistent with applicable law.

    1.6 The Services are not available to minors or persons otherwise incapable of forming legally binding contracts (including any user barred from receiving services under the laws of their jurisdiction). You agree not to authorise others to use your account, and you are responsible for all activities that occur under your account.

    2. Definitions

    For convenience, capitalised terms used in these T&Cs have the following meanings:

    • Account: Your registered Lapture account, whether as an individual or as an authorised representative of a Business or Enterprise.

    • Authorised User: A user who is authorised by an Account Holder to use the Services in accordance with these T&Cs. For example, members of your team or organisation who you have invited to collaborate.

    • Content: Any data, text, graphics, photos, videos, audio, scripts, or other materials that you upload, share, or transmit through the Services, including any Content created using our tools (e.g. chat messages, form submissions, marketing pages).

    • Marketplace Offerings: Any goods, products, services, or digital content offered for sale or distribution through Lapture Store or other marketplace features.

    • Lapture Auth: The identity and authentication service for user login, registration, and permissions.

    • Lapture Chat: The real-time messaging and chat service enabling communications between users or with support.

    • Lapture Filecase: The file storage and media asset management service.

    • Lapture Form: The online form creation and data collection service.

    • Lapture Marketing Chain: The marketing funnel, landing page, and analytics service.

    • Lapture Store: The e-commerce storefront service where users can create catalogues to sell digital or physical products.

    • Services: All Lapture products, features, and functionalities offered under Lapture or any domain managed by Lapture on a Lapture-provided domain or on a custom (white-labelled) domain.

    • You or User: Any individual or entity using the Services, whether free, paid, or enterprise customer.

    3. Account Registration and Security

    3.1 To use most of the Services, you must create an account by providing an email address and setting a password (or by using a social login through a third-party provider such as Google, Microsoft, or Facebook). You agree to provide accurate and complete information when registering and to update your information promptly if it changes. Lapture may authenticate your account creation via email, multi-factor authentication, or other means.

    3.2 Only natural persons at least 13 years old may register personal accounts. Businesses, organisations, or teams should register “Business” or “Enterprise” accounts through an authorised representative. You agree not to impersonate or misrepresent your affiliation with any person or entity.

    3.3 You are responsible for maintaining the confidentiality of your account credentials (e.g. password). You agree to notify Lapture immediately of any unauthorised use of your account or any other security breach. Lapture will not be liable for any loss or damage arising from your failure to secure your account. You are responsible for all activities that occur under your account.

    3.4 You may not create multiple accounts except as permitted by Lapture. Use of temporary, trial, or “beta” accounts is subject to Lapture’s rules; trial accounts may be terminated or converted to paid accounts at any time.

    3.5 Business and Enterprise accounts may have additional features (such as team management, expanded support, and a Service Level Agreement (“SLA”)). Any person acting as an agent for an organisation warrants that they are authorised to do so and that the organisation will be bound by these T&Cs. Enterprise accounts are subject to the SLA terms provided to you. If there is any conflict between these T&Cs and a separate SLA or enterprise agreement, the SLA or enterprise agreement will govern. In the event of any conflict between these T&Cs and a signed Enterprise Service Level Agreement, the terms of the SLA will govern for that customer.

    3.6 If you are a parent or legal guardian of a child under the age of 13, you must create and operate the account and you will be responsible for that child’s use of the Services.

    4. Subscription, Fees, and Payments

    4.1 Lapture offers various subscription plans (e.g. Free, Pro, Business, Enterprise) with different features and pricing. You can change plans at any time by visiting auth.lapture.app and visiting the subscription page. New features may be introduced on new plans, and Lapture may discontinue old plans with prior notice.

    4.2 If you subscribe to a paid plan or purchase any Marketplace offerings, you agree to pay all applicable fees. Fees may be charged directly by Lapture or processed through a payment provider (such as Stripe or PayPal). By providing payment information, you authorise Lapture (and the payment processor) to charge your credit card or payment method for all fees due to Lapture.

    You agree to provide current, complete, and accurate payment information, and to promptly update it if it changes.

    4.3 Subscriptions automatically renew at the end of each billing cycle (monthly, weekly or annually) until you cancel. We will attempt to notify you by email before any renewal. You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of the then-current billing period, unless otherwise specified.

    4.4 Lapture may adjust subscription fees for existing plans or introduce new plans.

    We will provide advance notice of any price changes, and you will have the choice to cancel or accept the new pricing. If you continue to use the Services after a price increase, you agree to pay the new fees.

    4.5. All fees are exclusive of taxes, duties, and similar charges. You are responsible for paying all applicable taxes, except for taxes based on Lapture’s net income. If Lapture is required to collect or pay taxes on your behalf, we may charge you for such amounts.

    4.6 Lapture uses third-party payment processors such as Stripe (for credit card payments) and PayPal. Your use of these payment services is subject to the providers’ terms and privacy policies. Lapture is not responsible for issues arising from third-party payment services (e.g. payment disputes, chargebacks).

    4.7 All payments are non-refundable except as required by applicable law or as expressly stated in these T&Cs. For example, UK and EU law provide a 14-day “cooling-off” period for consumer contracts; however, by agreeing to these T&Cs and beginning use of the Services, you may lose the right to withdraw from the contract after performance has begun. If you are a consumer in the UK or EU and wish to cancel within your statutory rights, contact Lapture promptly. Notwithstanding the foregoing, Lapture may, in its discretion, issue credits or refunds on a case-by-case basis.

    5. Use of the Services

    5.1 Subject to these T&Cs, Lapture grants you a non-exclusive, non-transferable, revocable license to access and use the Services, solely for your internal business or personal purposes. This license ends when your account is closed or terminated. Unless otherwise agreed in writing, all rights not expressly granted are reserved by Lapture.

    5.2 You must ensure that all persons who access the Services through your account comply with these T&Cs. You are responsible for the actions of all Authorised Users, including employees, contractors, or third-party agents using your account. You agree to remove any Authorised User from your account if they cease to be affiliated with you or your organisation.

    5.3 You agree to use the Services only for lawful purposes and in accordance with these T&Cs. You will not:

    • impersonate any person or entity or misrepresent your affiliation;
    • upload or transmit any Content that violates any law or third-party rights (including privacy or intellectual property rights);
    • use the Services to infringe on any third party’s trademark, patent, copyright, or other intellectual property rights;
    • engage in fraudulent or deceptive transactions, or offer for sale any unlawful items through Lapture Store or any other marketplace features;
    • use the Services in a way that could damage, disable, overload, or impair Lapture’s systems or network security; or
    • bypass any measures Lapture may use to restrict access to the Services.

    5.4 Lapture Services (such as Lapture Store or Marketing Chain) will be provided on Lapture’s app domains by default (e.g lapture.app) Lapture allows “white-label” usage where you can use your own custom domain (e.g. shop.yourbrand.com ). Any custom domains you configure with Lapture will still be subject to these T&Cs. You are responsible for obtaining and maintaining any domain names for custom domains.

    5.5 The Services may integrate with or allow connection to third-party services (e.g. social login via Google or Facebook, email/SMS providers, analytics tools). You acknowledge and agree that: (a) your use of any third-party service is subject to that service’s own Terms and (b) Lapture is not responsible for the reliability, privacy practices, or content of third-party services. Lapture may suspend or disable integrations at any time.

    5.6 Lapture may perform scheduled maintenance, system upgrades, or emergency patches from time to time. During such periods, some or all of the Services may be temporarily unavailable. We aim to minimise disruption and will notify users in advance where feasible. Lapture is not liable for any loss, interruption, or damages resulting from such maintenance or temporary outages.

    5.7 Some features of the Services rely on external providers such as hosting platforms, payment processors, or identity services. While Lapture selects reliable partners, we are not responsible for interruptions, errors, or losses resulting from issues with third-party systems.

    5.8 From time to time, Lapture may offer beta, experimental, or early-access features. These are provided “as is” without warranties and may be changed or removed without notice. Use of such features is voluntary and at your own risk.

    5.8 You are responsible for ensuring that your use of the Services, including any content, configurations, and integrations, complies with all applicable laws and your own customer obligations. Lapture is not liable for issues arising from misconfiguration, unauthorised modification, excessive usage, or third-party software you use in conjunction with the Services.

    6. User Content and Conduct

    6.1 Any Content you upload or create using the Services remains your property. By creating or uploading Content, you grant Lapture and other authorised users of the Services a worldwide, royalty-free, transferable license to host, copy, use, distribute, and modify that Content solely for the purpose of providing the Services. You represent and warrant that you have all necessary rights to grant this license and that your Content does not infringe any third-party rights.

    6.2 You are solely responsible for the Content you post or transmit through the Services. Lapture does not pre-screen Content, but we reserve the right (but have no obligation) to monitor, remove, or refuse any Content that, in our sole discretion, violates these T&Cs or our Community Guidelines, or that we suspect to be illegal, infringing, defamatory, obscene, or otherwise objectionable. We may, without notice, remove Content and/or suspend or terminate accounts of any user who violates these policies or these T&Cs.

    6.3 You must ensure that your use of the Services and any Content you provide comply with all applicable laws, including those related to data protection, export, and intellectual property. If you market, sell, or distribute products or services via the Services, you must comply with consumer protection, tax, and product regulations in the jurisdictions where you operate.

    6.4 If you are in the European Union, note that the EU Digital Services Act (DSA) imposes certain obligations on intermediaries and platforms. Lapture will handle illegal or infringing content according to the DSA’s notice-and-takedown procedures. If you encounter unlawful content on Lapture’s platform, you may report it to us and we will take appropriate action. We also reserve the right to use automated content filtering or other measures to comply with legal requirements. We will publish transparency reports as required by law if applicable.

    6.5 Without limitation, you must not post any Content that:

    • is unlawful, harassing, defamatory, abusive, threatening, harmful, or invasive of privacy;

    • depicts sexual activities or pornography (unless explicitly allowed under a Business plan and in compliance with law);

    • promotes bigotry, racism, hatred, or physical harm of any kind against any group or individual;

    • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    • contains malicious code, viruses, or other harmful components; or

    • violates export control laws or regulations of any applicable country.

    6.6 If you believe any user or content is in violation of these T&Cs or the law, please notify us via our support channels. Lapture will investigate and may remove the content, notify authorities, or take other action as appropriate.

    6.7 For U.K. or U.S. users, you may file a complaint with Lapture via email If you are an EU consumer, you may also use the EU Online Dispute Resolution (ODR) platform to submit complaints about online services.

    7. Intellectual Property

    7.1 The Services and all software, technology, content, trademarks, logos, and any other materials provided by Lapture are the exclusive property of Lapture or its licensors.

    Except for the limited licenses granted above, no rights or licenses are granted to you. You agree not to reproduce, modify, reverse engineer, distribute, or create derivative works of any Lapture intellectual property.

    7.2 You retain ownership of the Content you submit. By submitting Content, you grant Lapture and its sublicensees a perpetual, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display that Content in connection with operating and improving the Services, including for marketing and promotional purposes. Lapture will not sell your personal Content to third parties without your consent.

    7.3 If you provide Lapture with any suggestions, feedback, or improvements regarding the Services (“Feedback”), you grant Lapture a royalty-free, worldwide, perpetual license to use and incorporate such Feedback into the Services or other products without obligation to you.

    8. Data Protection and Privacy

    8.1 Lapture’s collection and use of personal data is governed by our Privacy Policy, which is incorporated by reference. You agree that personal data will be handled in accordance with our Privacy Policy and applicable data protection laws.

    8.2 LS CHANNEL (UK) LTD T/A Lapture is the data controller for the personal information you provide in connection with the Services. We comply with the UK General Data Protection Regulation (“UK GDPR”) and the EU General Data Protection Regulation (“EU GDPR”), as well as the UK Data Protection Act 2018, the EU ePrivacy Directive, and other applicable laws. Users in different regions should review the Privacy Policy for details on data transfers and rights.

    8.3 The Services are hosted on international cloud platforms (e.g. Microsoft Azure, Redis) and may involve data transfers between the UK, EU, and other countries. By using the Services, you consent to the transfer of your data outside your country or region. Lapture implements appropriate safeguards (such as standard contractual clauses and approved mechanisms) to protect cross-border data transfers.

    8.4 Lapture takes reasonable and appropriate technical and organisational measures to protect your data. However, no system can be 100% secure. You are responsible for safeguarding your passwords and authentication credentials.

    8.5 Lapture respects your rights under applicable data protection laws, including the right to access, correct, delete, or export your personal data. You may exercise these rights as set forth in our Privacy Policy or Data Processing Agreement. If you are an EU or UK user, you also have the right to lodge a complaint with your local data protection authority if you believe your rights have been violated.

    8.6 Our use of cookies and similar technologies is described in our Cookie Policy. We and our partners may use cookies for analytics, advertising, and functional purposes. If you are in the UK or EU, you must consent to non-essential cookies as required by the Privacy and Electronic Communications Regulations (PECR) or ePrivacy regulations.

    9. Age-Appropriate Design (Children’s Code)

    9.1 The Services are not directed to children under the age of 13 and do not knowingly collect personal data from them. If you are between 13 and 16, your use is contingent upon parental consent. Lapture does not provide special features for child users or track children across apps.

    9.2 False Representations. If you misrepresent your age, or allow a minor to use your account without proper consent, your account may be terminated.

    10. Service Level and Support (Enterprise Only)

    10.1 Enterprise plan customers receive a Service Level Agreement that details uptime commitments, support response times, and remedies for service failures. The SLA is a separate document; these T&Cs govern general terms of service. Notwithstanding the SLA, Lapture’s total liability is still limited as set forth herein.

    10.2 Lapture provides customer support via email and in-service help centres. Response times and availability depend on your subscription plan. Technical support inquiries do not constitute a legal claim and must be submitted through the proper channels.

    11. Termination and Suspension

    11.1 You may terminate these T&Cs and your account at any time by deleting your account through your account settings or contacting support. Termination will be effective upon confirmation by Lapture, and your data will be deleted or retained as required by law and our policies.

    11.2 Lapture may suspend or terminate your account and/or access to the Services at any time, without notice, for any reason, including if you violate these T&Cs, laws, or our policies, or if we believe your actions present a legal or security risk. Lapture is not liable for any consequences of termination or suspension.

    11.3 Upon termination, your license to use the Services ends. You will not be entitled to a refund of any fees (except where required by law or the SLA). Lapture may retain or delete your Content and data as required by applicable law and our data retention policies. You remain liable for any fees or obligations incurred prior to termination.

    12. Limitation of Liability

    12.1 The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind. To the fullest extent permitted by law, Lapture disclaims all representations, warranties, and conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

    12.2 To the maximum extent permitted by law, Lapture, its officers, directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, or data use, arising out of or related to your use of the Services or these T&Cs, even if we have been advised of the possibility of such damages. Our total liability to you for any direct damages will not exceed the greater of (a) the amount you paid Lapture in the past 12 months, or (b) £100 (or equivalent in your currency).

    12.3 Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. If you are entitled to statutory consumer protections or are an EU consumer, certain warranties and liability limitations may not apply to you. Nothing in these T&Cs is intended to exclude or limit (a) our liability for death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded by law.

    12.4 To the extent permitted by law, you agree to defend, indemnify, and hold harmless Lapture and its affiliates, officers, directors, employees, and agents (the “Indemnified Parties”) from any claims, liabilities, losses, damages, and costs (including reasonable attorneys’ fees) arising out of or related to:

    • Your Content or Contributions that violate these T&Cs;

    • Your violation of any law or third-party rights;

    • Your use of the Services in violation of any applicable law; or

    • Your gross negligence or wilful misconduct.

    Lapture reserves the right, at its own expense, to assume the exclusive defence and control of any claim otherwise subject to indemnification by you, and you will cooperate in that defence.

    13. Consumer Rights and Dispute Resolution

    If you are a consumer in the UK or EU, you have certain legal rights under local laws (such as the UK Consumer Rights Act 2015 and EU directives) which may include the right to a refund or replacement for faulty digital content. Where applicable, Lapture’s provision of services will comply with these consumer laws.

    13.2 These T&Cs and any disputes arising out of them are governed by the laws of the jurisdiction in which Lapture is located (England and Wales), except where prohibited by mandatory laws of your country of residence. Accordingly:

    • If you are a consumer resident in the United Kingdom, English law applies and you may bring claims in the courts of England and Wales.
    • If you are a consumer in another EU country, the law of the country where you reside may apply, as required by mandatory EU regulations. You may also have the right to use the EU Online Dispute Resolution platform.
    • If you are a consumer in any other country (including the United States), these T&Cs are governed by English law and any disputes will be resolved by binding arbitration or the courts of England and Wales, unless otherwise required by law.

    13.3 For EU consumers, you may have the right to an Alternative Dispute Resolution (“ADR”) procedure for disputes about online purchases. Lapture does not currently use an ADR scheme, but you may attempt to resolve any issue by contacting us (see Contact below).

    13.4 Dispute Resolution. Any dispute arising out of or relating to these T&Cs shall be resolved amicably if possible. If not settled within 30 days, either party may initiate legal proceedings in the appropriate forum as set out above. Nothing in this section prevents you from seeking provisional or injunctive relief in any jurisdiction.

    14. Miscellaneous

    14.1 These T&Cs, together with the Privacy Policy and any incorporated documents, constitute the entire agreement between you and Lapture regarding the Services. They supersede all prior or contemporaneous agreements or communications.

    14.2 Lapture may assign or transfer its rights and obligations under these T&Cs to any affiliate or successor, including in connection with a merger or sale of assets. You may not assign your rights under these T&Cs to anyone else without our prior written consent.

    14.3 Except as expressly stated in these T&Cs, no part of this agreement is intended to confer any benefit on anyone other than the parties.

    14.4 If any provision of these T&Cs is found to be invalid or unenforceable under applicable law, that provision will be ineffective to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

    14.5 No waiver of any right or provision of these T&Cs will be effective unless in writing and signed by Lapture. Failure to enforce any right or provision is not a waiver of future enforcement of that right or provision.

    14.6 Lapture shall not be liable for any failure or delay in performing its obligations under these T&Cs due to causes beyond its reasonable control. aThis includes, but is not limited to, acts of God, natural disasters, war, terrorism, cyberattacks, internet or hosting outages, supply chain failures, government actions, or third-party service disruptions. Where possible, we will provide notice of such events and work to restore services promptly.

    15. Contact Information

    To contact Lapture for support or legal notices, please email [email protected].

    You may also visit our support site or use in-service help links for routine questions.

    15.1 Notice for EU Users: If you reside in the European Union, you can contact us or use the EU Online Dispute Resolution platform available at http://ec.europa.eu/consumers/odr.

    Thank you for choosing Lapture. We are committed to providing a secure and fair service to all users. By using Lapture, you agree to abide by these Terms and Conditions and all applicable laws and policies.