Terms of Service

Part I

All users

Sections 1 through 15 apply to everyone, including visitors to our websites who do not have an account. Part I begins at Section 1 immediately below.

1. Who we are, and what these terms cover

NoCapped PBC is a Delaware public benefit corporation ("NoCapped," "we," "us," or "our"). These Terms of Service govern your use of everything we operate: the nocapped.com website, the pinxt.app website and the Pinxt beta waitlist, and the Pinxt mobile application. We refer to all of them together as the Services, and to any one of them as a product.

"Pinxt" is the name of the platform and application. "NoCapped PBC" is the company that operates it.

NoCapped PBC is not a law firm and does not provide legal advice. Nothing in the Services, and nothing our personnel tell you, creates an attorney-client relationship. Section A.6 describes the limited role we take when we prepare and file a copyright registration for you. For advice about your own circumstances, consult a lawyer.

2. Acceptance

By using any of the Services you agree to this Part I and to the Sections of Part II that apply to you. If you do not agree, do not use them.

Creating an account, joining the beta waitlist, or submitting a form is an affirmative acceptance, including the dispute resolution provision in Part I, Section 12. Browsing one of our websites without doing any of those things is an acceptance of Sections 1 through 11 and 13 through 15, and Section 12 does not apply to you.

These Terms, together with our Privacy Policy and any additional terms presented at the time you enroll in an optional feature, are the entire agreement between you and NoCapped regarding the Services. A plain-language explainer of these Terms may be published for convenience. It does not modify them, and if the two ever differ, these Terms govern.

3. Eligibility

You must be at least 18 years old to use the Services. By creating an account or joining the waitlist you represent that you are. The Services are intended for adults, and we do not knowingly permit access by anyone under 18.

4. Where we operate

The Services are controlled and operated from the United States and are offered to users located in the United States. The Pinxt app is distributed on the United States storefront only. We make no representation that any product is appropriate or available elsewhere. If you reach one of our websites or products from outside the United States you do so on your own initiative and are responsible for compliance with your local law.

5. Acceptable use

Across every product, you agree not to:

• Attempt to gain unauthorized access to any of the Services, their servers, or any connected system;
• Probe, scan, or test the vulnerability of any NoCapped system or network, or circumvent any technological measure protecting the Services;
• Interfere with the operation of the Services, including by overloading, flooding, or transmitting malicious code;
• Scrape, harvest, or systematically extract content or data by automated means, except ordinary search engine indexing of our public websites;
• Decompile, reverse engineer, or disassemble any part of the Services;
• Collect or store personal information about other users without their consent;
• Use the Services or our published email addresses to send unlawful, infringing, harassing, or deceptive material, including unsolicited commercial email;
• Misrepresent your identity or affiliation in correspondence with us or on any product; or
• Violate any applicable law or regulation.

6. Our intellectual property

The NoCapped and Pinxt names and logos, the design and layout of our websites and application, our software, and our text and images are owned by NoCapped PBC or used with permission, and are protected by copyright and trademark law. You may not use our trademarks, trade names, or branding without our prior written consent, except as Section C.2 permits for press use.

Photographs appearing on our websites or in our products are the property of their creators and may not be reproduced without permission. Your own content is governed by Section A.2, and you keep owning it.

7. Copyright complaints

NoCapped PBC has designated a Copyright Agent with the U.S. Copyright Office under 17 U.S.C. § 512(c)(2). The agent's contact details and the full notice, counter-notice, and repeat infringer procedures are on our Copyright and DMCA page, and apply to any material accessible through any of the Services.

8. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. That policy is structured the same way these Terms are, with a Part I for everyone and a section for each product.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, NOCAPPED DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NOCAPPED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION ON OUR WEBSITES IS COMPLETE, CURRENT, OR ACCURATE. WE MAY CHANGE OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.

WITHOUT LIMITING THE FOREGOING, NOCAPPED MAKES NO REPRESENTATION OR WARRANTY REGARDING THE OUTCOME OF ANY COPYRIGHT REGISTRATION APPLICATION SUBMITTED THROUGH THE SERVICES, THE ACCURACY OF INFORMATION PROVIDED BY THE UNITED STATES COPYRIGHT OFFICE, OR THE LEGAL EFFECT OF ANY REGISTRATION.

We do not guarantee uninterrupted availability. Interruptions may result from maintenance, updates, system failures, or events beyond our reasonable control, and we are not liable for delay or failure resulting from those causes.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOCAPPED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL NOCAPPED'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100); OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO NOCAPPED IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EXCLUDING FILING FEES COLLECTED AND REMITTED TO THE UNITED STATES COPYRIGHT OFFICE ON YOUR BEHALF.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions the exclusions and limitations above apply only to the extent permitted, and nothing in these Terms limits liability for fraud, willful misconduct, or any liability that cannot lawfully be limited.

11. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless NoCapped PBC and its officers, directors, employees, agents, and affiliates from any claim, demand, damage, loss, liability, cost, or expense, including reasonable attorneys' fees, arising out of or in connection with: (a) content you upload or submit; (b) your use of the Services; (c) your breach of these Terms; (d) your violation of any applicable law; (e) your violation of any third party's rights; or (f) any information you provide in connection with a copyright registration, including any representation certified by NoCapped as your agent in reliance on that information.

12. Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 12.4.

12.1 Who this section applies to

This Section 12 applies if you have created an account, joined the beta waitlist, or otherwise affirmatively accepted these Terms. It does not apply to a person who has only visited one of our websites. Disputes with website visitors are governed by Section 13.

12.2 Informal resolution first

Before starting arbitration or any other formal proceeding, send a written Notice of Dispute to legal@nocapped.com describing the nature and basis of the claim, the relief you want, and the email address on your account. We will send any Notice of Dispute to the email address on your account. Both of us agree to try in good faith to resolve the dispute informally for at least 30 days after the Notice is sent. Any applicable limitations period is tolled during that time.

Either party may propose mediation before a mutually agreed mediator at any point after the informal period. Mediation is voluntary and is not a prerequisite to arbitration or to court.

12.3 Binding individual arbitration

Except as provided in Sections 12.4 and 12.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including its formation, interpretation, breach, or termination, and including whether a claim is subject to arbitration, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

A single arbitrator will conduct the arbitration. At your election it will take place in the county where you live, at another location both parties agree to, by videoconference, or on written submissions alone. The arbitrator may award any relief a court could award to you individually, and may not award relief to or against anyone who is not a party.

For claims where the amount in controversy does not exceed ten thousand U.S. dollars, NoCapped will pay all AAA filing, administrative, and arbitrator fees other than the portion of the initial filing fee equal to what you would pay to file in the state court of general jurisdiction where you live, unless the arbitrator determines the claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys' fees except where a statute or the award provides otherwise.

12.4 Your right to opt out

You may opt out of Section 12.3 by writing to legal@nocapped.com with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. Include your name and the email address associated with your account or waitlist entry. Opting out does not affect any other part of these Terms or your use of the Services, and we will not retaliate in any way for it. If you opt out, disputes are resolved in the courts identified in Section 13.

12.5 Class action and jury trial waiver

YOU AND NOCAPPED EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NOCAPPED EACH WAIVE ANY RIGHT TO A JURY TRIAL. THIS WAIVER DOES NOT APPLY WHERE IT IS UNENFORCEABLE UNDER APPLICABLE LAW.

12.6 Small claims and injunctive relief

Either party may bring an individual claim in small claims court for disputes within that court's jurisdictional limits, and such a claim is not subject to Section 12.3. Nothing in this Section prevents either party from seeking injunctive or other equitable relief from a court to prevent the actual or threatened infringement or violation of intellectual property rights.

12.7 Severability of this section

If any portion of this Section 12 is found unenforceable, that portion is severed and the rest continues to apply, with two exceptions. If the class action waiver in Section 12.5 is found unenforceable as to a particular claim or request for relief, that claim or request is severed from the arbitration and brought in court, and all other claims proceed in arbitration. If Section 12.3 is found unenforceable in its entirety, or if you opt out under Section 12.4, disputes are resolved in the courts identified in Section 13, and Section 12.5 continues to apply to the fullest extent permitted by law.

13. Governing law and venue

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs Section 12.3. For any claim not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, except where applicable law gives you the right to bring a claim in the courts of your state of residence.

14. Changes to these Terms

We may update these Terms as the company and its products change. The effective date and version at the top of this page always reflect the current version.

For changes that materially affect a product you use, we will give at least 30 days' notice by email and, for the Pinxt app, inside the app, before the change takes effect, unless a shorter period is necessary for security, legal, or regulatory reasons. Changes that affect only one product section will be described as such. Your continued use after the effective date is acceptance. If you do not agree, stop using the product and, if you have an account, delete it before the effective date.

Changes to a U.S. Copyright Office filing fee are set by that office rather than by us, and are governed by Section A.6 rather than by this Section.

15. General provisions

Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions stay in force. Section 12.7 governs the severability of Section 12.

Waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Notices. We may give notice by email or in-app notification. Notices to us go to legal@nocapped.com.

No third-party beneficiaries. Except as expressly provided in Section A.9, these Terms create no third-party beneficiary rights.

Export control. You agree to comply with all applicable export control laws.

Survival. Provisions that by their nature should survive termination will survive, including Sections 6, 9, 10, 11, 12, 13, and 15, and Sections A.2, A.6, and A.10.

Contact.

NoCapped PBC
8 The Green, STE B
Dover, DE 19901, United States
Telephone (302) 251-1150
legal@nocapped.com

For Pinxt, legal@pinxt.app reaches the same inbox. Use legal@nocapped.com for DMCA notices, because it is the address on file with the U.S. Copyright Office.

↑ Back to the section list

Part II, Section A

The Pinxt Beta App

Part I, Sections 1 through 15, applies to you as well. It covers acceptance, eligibility, acceptable use, our intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law. This section adds only the terms specific to the Pinxt app, and does not replace Part I.

A.1 Accounts and beta release

To use the app you must create an account. Give us accurate information and keep it current, particularly your email address, since we use it for registration correspondence. You are responsible for keeping your credentials confidential and for activity under your account.

Each account must belong to a real person. Accounts operated by bots or automated scripts are not permitted.

Pinxt is offered as a beta release, distributed to invited testers through TestFlight on iOS and through testing distribution on Google Play. Beta features may be incomplete, may contain errors, may change without notice, and may be withdrawn. Part I, Section 9 applies with full force during the beta period. We may end the beta program, or your participation in it, at any time.

A.2 Your content

Ownership. You retain full ownership of the photographs, images, captions, and other content you upload or post ("User Content"). Nothing here transfers any copyright to us.

License to NoCapped. By posting User Content you grant us a non-exclusive, worldwide, royalty-free license, sublicensable only to the service providers who help us operate the app, to host, store, display, reproduce, reformat, resize, crop, transcode, and create thumbnails and previews of your User Content as necessary to provide and maintain the Services. This license exists so the app can function. It permits nothing else, and it ends when you delete the User Content, subject to reasonable technical delay and the backup retention described in our Privacy Policy.

View only. Photographs displayed on Pinxt are provided for viewing only. We do not authorize other users or the public to download, print, or reproduce them, and the app offers no public download function.

Promotional use requires your consent. We will not use your User Content in promotional materials of any kind, including pitch decks, marketing materials, product demonstrations, presentations, social media, or advertising, unless you have consented to that use first.

AI training. By default we will not use your User Content to train, fine-tune, or improve any artificial intelligence or machine learning model, and will not license it to any third party for that purpose. You may opt in through your account settings, and you may revoke that opt-in at any time, with revocation applying to future uses. Content already incorporated into a trained model before revocation cannot be retroactively removed.

Where a machine-readable data mining or AI training declaration is embedded in a file you upload, and it differs from your in-app setting, your in-app setting governs.

The automated content screening described in Section A.4 analyzes User Content to enforce these Terms. It does not train, fine-tune, or improve any model on your User Content, it is not AI training, and it is not subject to the opt-in above.

Licensing program. We may offer an optional program that lets you make User Content available for licensing to third parties. Participation is voluntary and will be governed by separate terms presented when you enroll, including any terms about compensation. No such program is operating at the effective date of these Terms.

Content Credentials and provenance data. Pinxt supports C2PA Content Credentials. A photograph you upload may already carry manifest data, and you may add or edit metadata fields such as creator name, copyright notice, caption, and rights information.

Anything you enter, and any pre-existing provenance or other metadata carried forward from the file you upload, is recorded in the resulting Content Credentials as an assertion attributed to you or to the source file. Assertion types of this kind indicate that the information originated outside our product. We record and sign that information as provided. We do not independently verify it, and we do not represent or warrant that it is true, accurate, or complete. Our role is limited to accurately recording that the information was supplied by you or was present in the file you uploaded. You are responsible for the accuracy of any metadata you provide and for any pre-existing data in the files you upload.

A.3 Content standards

Original work. Pinxt is a platform for original photography. Every photograph you upload must originate from a human-operated capture device. You represent that your User Content is your own original work and that you hold the rights needed to post it. The following are prohibited:

• Fully AI-generated images, including images created through text-to-image prompts, generative AI tools, or any process in which the primary visual content was not captured by a camera or other physical imaging device;
• Images edited with intent to deceive or to misrepresent the truth;
• Screenshots, screen captures, or reproductions of others' work;
• Photographs taken by someone other than you, unless you have written permission or a valid license from the creator;
• Content that infringes any third party's intellectual property rights;
• Derivative works made from others' photographs without authorization.

AI-assisted editing. Using AI-powered tools to edit, enhance, or modify an original photograph, such as retouching, sky replacement, noise reduction, upscaling, or generative fill on part of an otherwise original photograph, is permitted, provided you disclose it.

Disclose it by whichever means the app makes available to you: the caption, the metadata embedded in the file you upload, or a dedicated disclosure control where we provide one. If we provide a disclosure control, use it. The obligation is to make the modification apparent to someone looking at the work on Pinxt, and it applies whether or not the app prompts you.

The underlying image must still be a photograph captured by you or used with the creator's permission. We may remove content where AI modification is extensive enough that the result is no longer fairly described as a photograph.

Metadata. Do not upload a photograph that you know has had its embedded metadata stripped. We may check uploads for missing metadata and reject them automatically.

Images of people. If you upload photographs showing identifiable individuals, you represent that you have a reasonable legal basis for sharing them, which may include the subject's consent, a signed model release, or a legitimate editorial, journalistic, or artistic purpose.

Prohibited content. The following are prohibited:

• Content promoting violence, self-harm, or dangerous activities;
• Hateful content, including discrimination based on race, ethnicity, gender, sexual orientation, religion, disability, or other protected characteristics;
• Child sexual abuse material or content that sexualizes minors;
• Non-consensual intimate images;
• Spam, fake engagement, bot activity, or coordinated inauthentic behavior;
• Impersonation of individuals or entities;
• Content consisting primarily of text, graphics, or other non-photographic material.

Community conduct. Treat other people on the platform with respect. Constructive feedback is welcome. Harassment, bullying, and intimidation are not, and persistent misconduct will result in suspension or termination.

A.4 Screening, reporting, and blocking

We use a combination of automated and human review to screen User Content for material that violates these Content Standards. Content identified as violating may be blocked from posting or removed after posting.

You can report content or another user using the reporting controls in the app, or by writing to legal@nocapped.com. You can block another user using the blocking control in the app. We review reports and take appropriate action, which may include removing content and removing the user who posted it.

No obligation to monitor. Although we screen as described, we have no general obligation to monitor User Content and do not undertake to review all of it. Screening is not exhaustive and will not catch every violation. The absence of enforcement action against particular content does not mean the content complies with these Terms or that we have reviewed it. We are not liable for User Content posted by users.

Child sexual abuse material. We will report apparent child sexual abuse material to the National Center for Missing and Exploited Children as required by 18 U.S.C. § 2258A, and may preserve and disclose related content and account data to NCMEC and to law enforcement as permitted or required by law. We may do so without notice to you.

A.5 Enforcement and appeals

Violations may result in content removal, temporary account restrictions, or permanent suspension. What we do depends on the nature of the violation, your history on the platform, and whether the violation appears intentional.

If you believe an enforcement action was taken in error, appeal by writing to legal@nocapped.com. A person at NoCapped will review the content at issue and the decision, and will respond within a reasonable time.

Termination for repeat copyright infringement is governed by the Repeat Infringer Policy described on our Copyright and DMCA page.

A.6 Copyright registration services

What the service is. We offer tools that help you prepare and submit copyright registration applications to the United States Copyright Office through that office's electronic registration system. The tools compile the required materials, generate title lists, and format deposits for submission. The Copyright Office may change or replace its electronic system at any time, and references here include any successor system.

Your responsibilities. You are solely responsible for the accuracy and completeness of everything you provide in connection with an application, including authorship information, claimant information, title designations, publication status and dates, and deposit copies. You represent that you are the author or an authorized claimant of the works submitted.

Our role, and your authorization. We facilitate the preparation, certification, and submission of your application. NoCapped PBC is not a law firm and does not provide legal advice. Using these services does not create an attorney-client relationship between you and NoCapped or any of its personnel.

When you authorize a registration, you appoint NoCapped as your authorized agent for the limited purposes of preparing, signing, certifying, and submitting that application to the Copyright Office on your behalf, and of receiving correspondence about it. Copyright Office regulations permit an application to be certified by the authorized agent of the author or claimant (37 C.F.R. § 202.3(c)(1)). The appointment is limited to the specific application you authorize. It does not authorize us to act for you in any dispute, proceeding, negotiation, or other matter, and it is not legal representation.

Certification under penalty of perjury. The certification on a copyright application is made under penalty of perjury. When we certify an application as your agent, we rely entirely on the information you supply and do not independently verify it. Under 17 U.S.C. § 506(e), knowingly making a false representation of a material fact in an application for copyright registration is a federal offense, and a registration obtained on inaccurate information may be invalidated. You are responsible for the truth and accuracy of everything you submit.

Record of your authorization. We log the account that gave the authorization, the registration request, the date and time, the version of the authorization language shown to you, and related technical information. We keep this record and may produce it if your authority to file, or our authority to act for you, is ever questioned.

Revoking authorization. You may revoke your authorization at any time before we submit the application, using the cancellation function in the app or by writing to legal@nocapped.com. Revocation is not possible after submission, because the Copyright Office does not withdraw filed applications on request. If you revoke before submission, the refund terms below apply.

Fees and payment

A registration involves two amounts: the filing fee charged by the U.S. Copyright Office, and a NoCapped service fee for preparing and filing the application as your authorized agent. Both are shown to you as separate line items, in a single transaction, before you are asked to pay. The total you see at the confirmation step is the total you pay, and you are never charged an amount that has not been disclosed to you first.

The government fee. The Copyright Office sets its own fees and may change them. You are responsible for the filing fee in effect for your application, and the amount we show you is the amount that office charges. We add no markup to it.

Our service fee. We set the service fee and may change it, offer promotional pricing, or waive or discount it for particular users, plans, or periods, including for beta participants. A change applies only to registrations you request after it takes effect.

How you pay. You request a registration in the app. We email you to confirm, and that email contains a secure link where you pay. Payment is processed on that web page by Stripe, Inc., outside the app. The app contains no payment SDK and does not collect or process payment. We do not receive or store your full payment card details.

We collect the filing fee from you and remit it to the Copyright Office as part of the submission. We do not hold those funds in trust, do not act as an escrow agent, and do not pay interest on funds held pending submission.

You may also file with the Copyright Office directly and pay that office yourself, without using the Services.

Refunds

You may cancel a registration request before we have submitted your application and remitted the filing fee, and we will refund what you paid to the original payment method. We absorb the payment processing cost. We may decline a refund where we reasonably believe the cancellation process is being abused.

After we have submitted the application and remitted the fee, the filing fee is non-refundable, because the Copyright Office does not refund filing fees once an application is filed, and the service fee is non-refundable because the work it pays for has been performed.

No guarantee of registration

Submitting an application does not guarantee that the Copyright Office will issue a registration. That office reviews all applications independently and may refuse registration, request additional information, or require amendments. We are not responsible for its decisions, and you are solely responsible for providing any additional information or amendments requested.

Correspondence from the Copyright Office

We are listed as the correspondent on applications submitted through the Services and will receive correspondence about them. We will forward that correspondence to the email address on your account within a reasonable time after receipt.

You are solely responsible for reviewing that correspondence and for responding to the Copyright Office by any applicable deadline. We do not track Copyright Office deadlines for you, do not respond on your behalf, and are not responsible for any consequence of a missed deadline or an unanswered request, including refusal or closure of your application. Keep the email address on your account current.

Limitation of liability for registration services

We are not liable for errors, omissions, or inaccuracies in a registration application except to the extent caused by our willful misconduct or gross negligence in the operation of our systems. Without limiting Part I, Section 10, we are not liable for delays in Copyright Office processing, refusals or correspondence from that office, loss of statutory damages eligibility due to registration timing, or any consequence arising from information you provided that was inaccurate or incomplete.

Publication status

We do not determine the publication status of your work, do not give legal advice about it, and make no representation about the effect of publication status on your registration or enforcement rights. How the app describes or labels a work is not a legal determination of its publication status.

Data we keep. We store registration application data, title lists, deposit references, and authorization records with your account, and associate registration numbers and dates with the applicable works once received. Retention is governed by our Privacy Policy. Registration numbers form part of the permanent public record maintained by the Copyright Office.

A.7 Your representations and warranties

By using the app you represent and warrant that:

• You meet the eligibility requirements in Part I, Section 3, and your User Content complies with Sections A.2 and A.3;
• All User Content you upload originates from a human-operated capture device and is your original work, or you have obtained all rights necessary to post it;
• You have the model releases, property releases, or other legal basis needed to share photographs of identifiable individuals, where applicable;
• Your User Content does not infringe any third party's intellectual property rights, rights of publicity, or rights of privacy;
• You have not uploaded fully AI-generated images, and any AI-assisted editing applied to your photographs is disclosed as Section A.3 requires;
• Your use of the app complies with all applicable laws;
• So far as you are aware, the embedded metadata in the files you upload has not been stripped; and
• Any information you provide in connection with a copyright registration is accurate and complete to the best of your knowledge.

A.8 Fees

Other than the fees described in Section A.6, the app is offered free of charge. We may introduce paid features or subscriptions in the future, and any such fee will be disclosed clearly before you incur it.

A.9 App store terms

General. This Section applies to the Pinxt mobile application (the "App"). Additional terms apply depending on where you obtained it, and in the event of a conflict this Section controls over the rest of these Terms with respect to the App.

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your personal, non-commercial use, subject to these Terms and to the terms of the applicable distribution platform.

Apple. The following applies if you obtained the App from the Apple App Store or through TestFlight. Where you obtained it through TestFlight, the Apple Developer Agreement and the TestFlight terms presented to you by Apple also apply, and nothing in these Terms modifies them.

These Terms are between you and NoCapped only, and not with Apple Inc. ("Apple"). NoCapped, not Apple, is solely responsible for the App and its content. The license granted to you is a non-transferable license to use the App on any Apple-branded product you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing. NoCapped is solely responsible for maintenance and support, and Apple has no obligation to furnish either. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are NoCapped's sole responsibility. NoCapped, not Apple, is responsible for addressing any claim relating to the App or your possession or use of it, including product liability claims, claims that it fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar law. In the event of a third-party claim that the App or your use of it infringes intellectual property rights, NoCapped, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You agree to comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

Google Play. The following applies if you obtained the App through Google Play, including through a testing track.

These Terms are between you and NoCapped only, and not with Google LLC or its affiliates ("Google"). NoCapped, not Google, is solely responsible for the App and its content. Google is not a party to these Terms and has no liability to you in connection with the App. Your download and use of the App is also subject to the Google Play Terms of Service and other applicable Google terms, and where those conflict with these Terms as to your relationship with Google, the Google terms govern that relationship. NoCapped is solely responsible for maintenance and support, and Google has no obligation to furnish either. NoCapped, not Google, is responsible for addressing any claim relating to the App or your possession or use of it, including product liability claims, claims that it fails to conform to a legal or regulatory requirement, claims arising under consumer protection, privacy, or similar law, and third-party claims of intellectual property infringement. You represent that you are not located in a country subject to a U.S. Government embargo and that you are not on any U.S. Government list of prohibited or restricted parties.

Questions. Questions, complaints, or claims about the App should go to NoCapped at the contact details in Part I, Section 15.

A.10 Termination

By you. Delete your account at any time in the app's account settings, or write to legal@nocapped.com from the address on your account. Section A.13 of our Privacy Policy describes what happens to your data.

By us. We may suspend or terminate your account at our discretion, with or without cause and with or without notice. Grounds include violation of these Terms, fraudulent or illegal activity, and conduct that harms other users or the platform. If we terminate for a Content Standards violation, you may appeal under Section A.5.

Effect. On termination your license to use the app ends and we will remove your User Content and personal data in accordance with our Privacy Policy. We may retain: registration App data, title lists, deposit references, and authorization records as described in Section A.6; records required by law; records reasonably necessary to establish, exercise, or defend legal claims, including material under a litigation hold; records relating to enforcement actions, DMCA notices and counter-notices, repeat infringer determinations, and reports made under Section A.4; and residual copies in routine backups until those backups expire. Retained data remains subject to our Privacy Policy.

↑ Part I, applies to everyone ↑ Section list

Part II, Section B

The Pinxt Website and Beta Waitlist

Part I, Sections 1 through 15, applies to you as well. It covers acceptance, eligibility, acceptable use, our intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law. This section adds only the terms specific to the Pinxt website and the beta waitlist, and does not replace Part I.

B.1 What the waitlist is

The Pinxt beta waitlist is a way to register interest in testing the Pinxt app before general release. Joining costs nothing, and being invited costs nothing.

Joining the waitlist is not a purchase, not a reservation, and not a promise of access. We decide who to invite and when, at our discretion, and we may close the waitlist, change the beta program, or end it without notice. Nothing here entitles you to an invitation, to a place in any order, or to continued access once you have one.

B.2 Eligibility

You must be at least 18 years old to join the waitlist, and you confirm this when you submit the form. The beta is offered in the United States only. See Part I, Sections 3 and 4.

B.3 What you submit

Give us accurate information. The details you provide about your photography and where your work appears are part of how we assemble a group of testers across a range of practices, so a submission that misrepresents them wastes a place that would have gone to someone else. We may decline or remove a waitlist entry that appears inaccurate, duplicated, or automated.

Section B of our Privacy Policy describes what the form collects, why, and how long we keep it.

Consent choices on the form are separate. Agreeing to be considered for the beta is a different choice from agreeing to receive marketing email, and neither is conditioned on the other.

B.4 Invitations

An invitation is personal to you and is not transferable. Do not share an invitation link or code. We may revoke an invitation that has been shared, sold, or used by someone other than the person invited.

Accepting an invitation and creating an account brings you under Section A, which governs your use of the app.

B.5 Email

Every marketing email includes an unsubscribe link. Unsubscribing from marketing does not remove you from the waitlist, and operational messages about your waitlist status will still reach you. To leave the waitlist entirely, write to legal@nocapped.com and we will delete your record.

B.6 Feedback

If you send us feedback, suggestions, or bug reports about the beta, we may use them to improve the Services without obligation or compensation to you. This covers your comments about the product. It does not cover your photographs or any other User Content, which stay yours under Section A.2.

B.7 The website itself

The pinxt.app website is informational. It is not an offer to sell or a solicitation of an offer to buy any security. Information on it about copyright, registration, provenance, or content authenticity is general, is not tailored to your situation, and does not create an attorney-client relationship. Part I, Sections 5, 6, and 9 apply to your use of the site.

↑ Part I, applies to everyone ↑ Section list

Part II, Section C

This Website, nocapped.com

Part I, Sections 1 through 15, applies to you as well. It covers acceptance, eligibility, acceptable use, our intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law. This section adds only the terms specific to the corporate website you are reading now, and does not replace Part I.

C.1 What this site is, and is not

This website provides general information about NoCapped PBC and its products. Nothing on it is an offer to sell or a solicitation of an offer to buy any security.

Information on this site about copyright, registration, provenance, or content authenticity is general in nature and is not tailored to your situation. As Part I, Section 1 states, we are not a law firm and nothing here creates an attorney-client relationship. Section A.6 describes the limited role we take when we file a copyright registration. For advice about your circumstances, consult a lawyer.

C.2 Press use of our brand assets

We grant journalists and other members of the press a limited, revocable, non-exclusive license to reproduce our brand assets, available on request through our media page, in connection with news coverage or commentary about NoCapped PBC or its products.

The marks may not be altered, recolored, combined with other marks, or used in a way that suggests endorsement, sponsorship, or affiliation. All other use of our marks requires our written consent, as Part I, Section 6 provides.

C.3 Our other properties, and third-party links

Our properties. pinxt.app and the Pinxt application are operated by NoCapped PBC. We are responsible for them. Leaving this site for one of ours means a different section of these Terms applies to you, not that no terms apply: Section A covers the app, Section B covers the Pinxt website and the beta waitlist, and Part I covers all of it.

Third parties. This site also links to services we do not operate, including social platforms and professional networks. We do not control them and are not responsible for their content, availability, terms, or privacy practices. A link is not an endorsement, and your dealings with a third party are between you and them.

C.4 Browsing this site

If you are reading this site and have not created an account, joined the waitlist, or submitted a form to us, the arbitration provision in Part I, Section 12 does not apply to you. Disputes are resolved in the courts identified in Part I, Section 13. See Part I, Sections 2 and 12.1.

If you write to one of the email addresses published on this site, we receive what you send and use it to answer you. Do not send us confidential material you would not want in an ordinary email inbox, and do not send unsolicited creative submissions expecting them to be treated as confidential.

↑ Part I, applies to everyone ↑ Section list

---

NoCapped PBC · A Delaware Public Benefit Corporation · legal@nocapped.com
Terms of Service version 1.0, effective September 14, 2026.