Terms of Service

Please read these terms carefully before using our services. By using Africaptures, you agree to be bound by these terms.

Last Updated: January 2025

1. Acceptance of Terms

Welcome to Africaptures. These Terms of Service ("Terms") govern your access to and use of our website, services, and content (collectively, the "Service") operated by Africaptures ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, contributors, and others who access or use the Service.

2. Definitions

  • "Service" refers to the Africaptures website, platform, and all related services
  • "Content" refers to images, videos, audio files, and other media available on the platform
  • "User" refers to anyone who accesses or uses the Service
  • "Contributor" refers to users who upload and license content through the platform
  • "License" refers to the rights granted to use purchased content
  • "Account" refers to a user account created on the platform

3. User Accounts

Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

Account Requirements

  • You must be at least 18 years old to create an account
  • You may not create multiple accounts
  • You may not share your account with others
  • You are responsible for maintaining account security

Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Use of Service

Permitted Use

You may use the Service for lawful purposes only. You agree to:

  • Use the Service in accordance with these Terms
  • Comply with all applicable laws and regulations
  • Respect the rights of others
  • Use content only in accordance with the license terms

Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

  • Scheduled maintenance
  • Technical issues
  • Force majeure events
  • Other circumstances beyond our control

5. Content Licensing

License Grant

When you purchase content from Africaptures, you receive a license to use that content according to the specific license terms. Licenses are non-exclusive and non-transferable.

License Types

  • Medium License: For web use and small prints (up to 7" x 5" at 300 DPI)
  • Large License: For high-resolution needs and unlimited print sizes
  • Pack License: Multiple assets at a discounted rate

Permitted Uses

With a valid license, you may:

  • Use content for commercial and editorial purposes
  • Modify and adapt content as needed
  • Use content in advertising, marketing, and promotional materials
  • Use content in products and merchandise (subject to license type)
  • Use content in digital and print publications

Prohibited Uses

You may NOT:

  • Resell or redistribute content as standalone files
  • Use content in a way that violates laws or regulations
  • Use content in defamatory, pornographic, or offensive ways
  • Use content to create competing stock media services
  • Remove copyright notices or watermarks
  • Use content in a way that infringes on third-party rights

Important: Unauthorized use of content may result in legal action. Always ensure you have the appropriate license for your intended use.

6. Contributor Terms

Content Submission

If you upload content to the platform as a contributor, you agree to:

  • Own or have rights to license the content you upload
  • Ensure content does not infringe on third-party rights
  • Provide accurate metadata and descriptions
  • Comply with our content guidelines and quality standards

Content Ownership

You retain ownership of content you upload. By uploading content, you grant Africaptures:

  • A non-exclusive, worldwide license to use, display, and distribute your content
  • The right to sublicense your content to users
  • The right to use your content for marketing and promotional purposes

Compensation

Contributors receive compensation based on sales of their content according to our contributor agreement. Payment terms and rates are specified in the contributor dashboard.

Content Removal

We reserve the right to remove content that violates our guidelines, infringes on rights, or is of poor quality. Contributors may also request removal of their content.

7. Payments and Refunds

Payment Terms

  • All prices are in USD unless otherwise stated
  • Payment must be made before content download
  • We accept major credit cards and PayPal
  • All payments are processed securely through third-party processors

Refund Policy

Refunds may be available in the following circumstances:

  • Technical issues preventing download (within 30 days of purchase)
  • Duplicate purchases (accidental)
  • Content not as described (subject to review)

Refunds are not available for:

  • Content that has been downloaded
  • Change of mind after purchase
  • Inability to use content for intended purpose (if license terms were clear)

Subscription Plans

For subscription plans:

  • Subscriptions are billed monthly or annually
  • You may cancel at any time
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial billing periods

8. Intellectual Property

Our Rights

All content, features, and functionality of the Service are owned by Africaptures or its licensors and are protected by copyright, trademark, and other intellectual property laws.

User Content

You retain ownership of content you upload. However, by uploading content, you grant us the licenses described in these Terms.

Trademarks

The Africaptures name, logo, and related marks are trademarks of Africaptures. You may not use our trademarks without prior written permission.

9. Prohibited Uses

You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious software, viruses, or harmful code
  • Attempt to gain unauthorized access to the Service
  • Interfere with or disrupt the Service
  • Use automated systems to access the Service (scraping, bots)
  • Impersonate others or provide false information
  • Harass, abuse, or harm others
  • Upload content that is illegal, offensive, or violates rights
  • Reverse engineer or attempt to extract source code

Violation of these prohibitions may result in immediate termination of your account and legal action.

10. Termination

Termination by You

You may terminate your account at any time by contacting us or using account deletion features.

Termination by Us

We may suspend or terminate your account if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • You fail to pay required fees
  • We discontinue the Service

Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • You may lose access to your account and content
  • Licensed content you've purchased remains usable according to license terms
  • Provisions that should survive termination will continue

11. Disclaimers

Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:

  • The Service will be uninterrupted or error-free
  • Defects will be corrected
  • The Service is free of viruses or harmful components
  • The Service will meet your requirements

Content Disclaimer

We do not warrant that content is:

  • Free from errors or defects
  • Suitable for your specific use case
  • Completely free from third-party claims

You are responsible for ensuring content is appropriate for your intended use.

12. Limitation of Liability

To the maximum extent permitted by law, Africaptures and its affiliates shall not be liable for:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from use or inability to use the Service
  • Damages resulting from unauthorized access or use

Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Africaptures and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another
  • Content you upload or submit

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Rwanda, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Rwanda.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last Updated" date
  • Sending an email notification for significant changes

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service.

16. Contact Information

If you have questions about these Terms, please contact us:

Africaptures Legal Team

Email: africaptures2@gmail.com

Subject Line: Terms of Service Inquiry

Address: KG 123 St, Kacyiru, Kigali, Rwanda

Response Time: We aim to respond within 30 days

By using Africaptures, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please do not use our Service.