Terms of use

1. The Service

CaptionNexa reads thumbnails of your photos with artificial intelligence systems, recognises players, numbers and actions from the team rosters, proposes a caption and, at export, writes it into the metadata (IPTC, XMP, EXIF) of a copy of your photos.

The original photos stay on your computer: the browser reads them and sends the Service only thumbnails (at most 1024 pixels on the long side) and some technical data (file name, size, capture time, the file's fingerprint). The captioned copies are made in your browser.

The Service includes a shared database of competitions, teams and rosters, which we maintain from public sources, and the teams, events, caption templates and actions you create, visible to your account only.

2. Captions are a proposal: checking them is up to you

Artificial intelligence makes mistakes: it may misread a number, mix up two players, pick the wrong action or use outdated data. Every caption is a proposal you must check and approve before delivering or publishing it.

You are responsible for the captions and files you deliver to third parties (agencies, publications, clients) and for following their editorial rules. We are not liable for damage caused by captions delivered without checking.

3. Accounts

Using the Service requires a personal account, created by you (when registration is open) or on our invitation. You agree to give true data (first name, last name, email), to keep your password safe and not to share the account: each account is for one person.

You can delete your account at any time in Settings › Profile: deletion permanently erases your events, thumbnails, teams, actions and settings.

4. Free trial, plans and payments

Each plan sets how many AI analyses you can make (per month, or in all for the trial) and until when you can use the Service. The free trial lasts the number of days and includes the number of analyses shown when you sign up (currently 14 days and 100 analyses); when it ends the Service stops until you choose a subscription. Your data is kept.

Subscriptions are monthly and renew automatically. Payments, invoices and refunds are handled by Lemon Squeezy (Lemon Squeezy LLC), which acts as reseller (Merchant of Record) and also applies its own terms of sale. Prices and taxes are shown before payment.

You can cancel at any time in Settings › Subscription › Manage subscription: the subscription stays active until the end of the period already paid and does not renew. Periods already started are not refundable, unless the law or Lemon Squeezy's terms provide otherwise.

We may change the prices and contents of the plans: price changes apply from the next renewal and are announced by email at least 30 days in advance. If you do not accept them, you can cancel before the renewal.

5. Acceptable use

When using the Service you agree:

• to upload only photos you have the right to use, that you took or are authorised to use;
• to respect the privacy and image rights of the people photographed and of the players in your teams, especially minors;
• not to use the Service for unlawful or defamatory content or content that infringes the rights of others;
• not to try to access other accounts' data, to get around your plan's limits, to overload the Service or to copy how it works (reverse engineering), and not to extract its data with automated systems.

The Service does not perform facial recognition or any other biometric processing: players are identified by jersey number, team and context.

6. Your content

The photos, thumbnails, captions, teams, rosters and other data you enter remain yours. You only give us the non-exclusive, free permission to store and process them to provide the Service (for example to send the thumbnails to the artificial intelligence system), for as long as you keep them in the Service.

The actions you add to the vocabulary belong to your account; we may add the wording of an action (the descriptive phrase only, without personal data) to the shared vocabulary for everyone to use.

Corrections you report to the shared database's rosters (for example a jersey number) may be used by us to update the shared database.

For the personal data of other people you enter (players, staff, people in the photos) you are the controller and we act as processor: see the agreement in section 11.

7. Our Service

The software, the CaptionNexa brand, the shared database and the built-in caption templates belong to us or our licensors. We grant you the right to use them, for the life of your account, only within the Service and for your business.

8. Availability and changes

We do our best for the Service to be available and work correctly, but cannot guarantee that it is always reachable or free of errors: it may stop for maintenance, updates or problems at our providers (hosting, database, artificial intelligence).

We may improve and change the Service. If a change substantially reduces the features of your subscription, we tell you and you can cancel.

Always keep your original photos: the Service keeps no copy of them.

9. Liability

To the extent permitted by law, we are not liable for indirect damage, lost profits, lost assignments or data, or damage caused by unchecked captions, by content you uploaded or by outages at our providers.

In any case our total liability towards you is limited to the amount you paid us in the 12 months before the event that caused it. These limits do not apply to damage caused wilfully or by gross negligence, nor where the law does not allow them.

You hold us harmless from third-party claims arising from content you uploaded or from use of the Service against these terms.

10. Suspension and closure

We may suspend or close an account that breaches these terms, puts the Service's security at risk or does not pay its subscription, telling you when possible. We may also archive an inactive account: access is blocked but the data is kept, until you ask to reactivate or delete it.

You can stop using the Service and delete your account at any time.

11. Data processing agreement (art. 28 GDPR)

When you enter other people's personal data in the Service (players, coaches, referees, people in the thumbnails, names in the captions), you are the controller and we are the processor acting on your behalf. For this data we:

• process it only to provide the Service and on your instructions, which are those you give by using the Service;
• bind those who process it for us to confidentiality;
• take appropriate security measures: encrypted connections, data kept separate per account, authenticated access, direct database access blocked;
• use the sub-processors listed in the privacy policy (hosting, database, artificial intelligence, email); you authorise them now and we inform you before adding new ones, so you can object;
• help you answer requests from data subjects and handle data breaches, which we report to you without undue delay;
• delete the data when the account is closed, unless the law requires otherwise;
• give you the information needed to show compliance with these obligations.

12. Changes to these terms

We may update these terms. Material changes are announced by email or in the app at least 30 days before they apply; if you keep using the Service after that date, you accept them. If you do not, you can cancel and delete your account.

13. Governing law and courts

These terms are governed by Italian law. The courts of [DA COMPLETARE: città del foro competente] have exclusive jurisdiction over any dispute.

For any question: tommaso@attimilabs.com.