Indemnification
You agree to indemnify, defend, and hold harmless Kaption AI, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
- Your access to or use of Rumo
- Your violation of these Terms and Conditions
- Your violation of any third-party right, including any intellectual property, privacy, or confidentiality right
- Any claim that your content caused damage to a third party
- Your use of WhatsApp or any third-party service in violation of their terms
This indemnification obligation will survive the termination or expiration of these Terms and your use of our services.
Limitation of Liability
To the maximum extent permitted by law, Kaption AI, LLC shall not be liable for any indirect, incidental, special, or consequential damages.
Service Disclaimers:
- Services provided "as is" without warranties
- No guarantee of uninterrupted service availability
- AI transcription accuracy may vary
- Third-party service dependencies may affect availability
Governing Law:
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles.
Dispute Resolution:
- Good faith negotiation for dispute resolution
- Mediation required before legal action
- Jurisdiction limited to Texas courts
- Attorney fees may be awarded to prevailing party
Severability
If any provision of these Terms and Conditions is found to be unenforceable, invalid, or illegal, such provision shall be modified to the minimum extent necessary to make it enforceable, valid, and legal while preserving its original intent. If such modification is not possible, the affected provision shall be severed from these Terms. In either case, the remaining provisions of these Terms shall remain in full force and effect without modification.
Entire Agreement & Enterprise Precedence
These Terms and Conditions, together with our Privacy Policy and any supplemental terms for specific products or services, constitute the entire agreement between you and Kaption AI, LLC.
EXCEPT as otherwise provided in a separate written agreement signed by both parties (such as an Enterprise Master Service Agreement), these Terms supersede all other communications. In the event of a conflict between these Terms and a signed Enterprise Agreement, the Enterprise Agreement shall prevail.
Force Majeure
Kaption AI, LLC shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:
- Acts of God (earthquakes, floods, hurricanes, etc.)
- War, terrorism, civil unrest, or armed conflict
- Government actions, laws, regulations, or embargoes
- Strikes, lockouts, or other labor disputes
- Failures of third-party service providers (WhatsApp, cloud hosting)
- Power outages, internet failures, or telecommunications failures
- AI model failures or data center outages
Assignment
You may not assign, transfer, or delegate these Terms or any of your rights and obligations hereunder without the prior written consent of Kaption AI, LLC. Kaption AI, LLC may, without restriction, assign, transfer, or delegate these Terms and any of our rights and obligations hereunder to any third party, including in connection with a merger, acquisition, reorganization, or sale of assets.
Waiver
No failure or delay by Kaption AI, LLC in exercising any right, power, or remedy under these Terms shall operate as a waiver. Any waiver by Kaption AI, LLC of any provision must be in writing and signed by an authorized representative to be effective.
Class Action Waiver
To the maximum extent permitted by law, you agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit against Kaption AI, LLC.
Terms Modifications:
We reserve the right to modify these Terms at any time. For material changes, including pricing updates, we will provide 30 days' notice before changes take effect. Security or legal updates may take effect immediately. Your continued use of our services after the notice period constitutes acceptance of modified Terms.