Terms of Service

YesVideo/Capture offers digital conversion of photos, videos, film, and digital media to help you preserve and store your favourite moments and memories. When you place an order, you will be provided and required to pay an estimated amount for the Services requested (the "Estimated Fees"). Once your order is complete, you will receive an email notice detailing any adjustments necessary to account for the actual amount of media you submitted for processing (the "Total Fees").

You may choose to download and/or add Digital Files to Google Photos during the Availability Period. All Digital Files added to Google Photos are stored at 'original quality', count towards your Google Photos storage quota, and are subject to Google's Terms of Service and Privacy Policy.

Prior to placing an Order for the Services you must pay the Estimated Fees. When you place an Order, you acknowledge and agree that payment of the Total Fees is required prior to receiving your Digital Files. In the event the Total Fees are less than the Estimated Fees paid, you will be entitled to a refund for the difference.

When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority, that you have received permission to use the Services from your parent or legal guardian. In no event shall the Services be used by any person under the age of 13.

You represent and warrant that any information you submit to us is accurate, truthful, and current, and that your use of the Services does not violate any applicable law or regulation.

Certain Services may require you to register for an account ("Account"). You are responsible for the confidentiality and use of your login information and agree not to transfer or disclose your login information to any third party. You agree to notify us immediately of any unauthorised use of your Account. YesVideo is not responsible for any loss or damage arising from your failure to comply with these requirements.

You are authorised to access the Site for the sole purpose of viewing and using the Services on your computer or device. You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Service and your User Content.

You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site, the Services, or any data thereon. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission.

You acknowledge and agree that YesVideo and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights ("Intellectual Property"). YesVideo's Intellectual Property may not be copied, imitated, or used, in whole or in part, without our prior written consent. We reserve all rights that are not expressly granted to you under these Terms.

YesVideo does not claim any ownership rights in content generated solely by you, or uploaded to the Services by you or on your behalf ("User Content"). However, by submitting User Content to the Services, you grant us a license to fully enable us and our affiliates to use any information or User Content you supply us to provide the Services to you.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions required to grant the licenses set forth herein with respect to your User Content.

You are solely responsible for your conduct with respect to the Services and for the content of your User Content. You agree not to use the Site or Services to take any action or actions that:

• Are patently offensive in any manner (as determined in our sole discretion) or violates a protective order;
• Involve commercial activities without our prior written consent;
• Are defamatory, libellous, fraudulent, or involve misrepresentation;
• Violate the privacy of any third party;
• Are harmful, threatening, harassing, or discriminatory;
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• Involve the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing.

YesVideo has the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law.

You agree that we have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Site and Services, and we will be free to use such information and data to improve and enhance the Site and Services, and for other development, diagnostic, and corrective purposes.

The Services may contain links to third-party websites or resources we do not operate, control, or maintain ("Third Party Websites"). YesVideo does not endorse any Third Party Website, and we make no representation or warranty regarding the Third Party Websites. Any links to Third Party Websites are provided solely for your convenience, and you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

This Agreement will remain in full force and effect and will automatically continue unless and until affirmatively terminated. You may terminate this agreement at any time by ceasing all use of the Site and the Services and closing your Account by following the instructions on the Services. YesVideo may terminate or suspend your access to the Services at any time, with or without cause or notice.

To terminate your account, contact us at support@capture.com before the end of the subscription period.

We respect the intellectual property rights of others. If you believe that your work has been improperly copied and posted on the website, please provide our Copyright Agent with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or the person authorised to act on their behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of where the allegedly infringing material is located; (iv) a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (v) a statement made under penalty of perjury that the above information is accurate.

We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA.

You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You hereby agree to indemnify, defend, and hold harmless us and our affiliates from and against any and all claim, loss, expense, or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the Services, (ii) any User Content submitted by you or using your Account, or (iii) any breach of the representations and warranties you make in these Terms.

Neither party shall bring any claim based on the Services provided hereunder more than twelve (12) months after the cause of action accrues.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

For any dispute with us, you agree to first contact us at support@yesvideo.com and attempt to resolve the dispute informally. In the unlikely event that we have not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS. The arbitration will be conducted in Santa Clara County, California, unless you and we agree otherwise.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed to preclude either party from seeking emergency or other equitable relief from a court of competent jurisdiction.

These Terms, which incorporate the YesVideo Privacy Policy, constitute the entire agreement between you and YesVideo with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These Terms are governed by California law, without giving effect to any conflict of law principles.

Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.

If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means.

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

YesVideo reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time. Your continued use of the Services following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes.

We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision. If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms.

YesVideo is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, acts of God, war, governmental actions, or non-performance of third parties. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and the Services. You may submit feedback by emailing us at support@yesvideo.com. You acknowledge and agree that any feedback you submit to us is licensed to us perpetually on a royalty-free basis.

Revision Date: March 4, 2026

If you have questions about these Terms or our Policies, please contact us via email at support@capture.com.