Terms of Service
These Terms of Service ("Terms") govern your use of Capsulene at capsulene.com and app.capsulene.com (the "Service"), operated by DDS Services Kft. (registered in Budapest, Hungary; company registration number 01-09-301215) ("Capsulene", "we", "us"). Please read them carefully — by creating an account or using the Service you agree to them.
1. Agreement & eligibility
You must be at least 18 years old (or the age of majority where you live) and able to enter a binding contract. If you use the Service on behalf of an organisation, you confirm you are authorised to bind it. If you do not agree to these Terms, do not use the Service.
2. What the Service does
Capsulene lets you store information in encrypted "capsules" and designate recipients to receive a capsule if you stop confirming that you are active (a "dead-man's switch"). You set a check-in schedule and grace period; if you miss your check-ins according to your settings, we attempt to confirm and then release the capsule to your chosen recipient by the channel you selected (email and/or SMS).
3. Important — Capsulene is a tool, not a will or legal advice
Capsulene is software. It is not a law firm and does not provide legal, financial, tax, or estate- planning advice. A capsule is not a legally binding will, testament, power of attorney, or other legal instrument, and using Capsulene does not create one. Do not rely on the Service as your only means of passing on information, credentials, or assets, and do not use it for medical, safety, or other emergencies. We do not verify a user's death or incapacity; releases happen solely because of missed check-ins under your settings. You are responsible for ensuring that what you store, and your instructions to recipients, are lawful and effective for your purposes — seek professional advice where appropriate.
4. Your account
You must provide accurate information and keep it current — especially the contact details used for your check-ins. Sign-in is passwordless (a one-time email code or Google Sign-In), so you are responsible for keeping access to your email or Google account, and your devices, secure. You are responsible for activity under your account. Tell us promptly at support@capsulene.com if you suspect unauthorised access.
5. Your content and your recipients
You keep ownership of everything you store. You grant us a limited, worldwide licence to host, store, encrypt, process, and deliver your content solely to operate the Service and carry out your instructions. You are solely responsible for your content and for the recipients you designate, and you represent and warrant that:
- you have the right to store that content and to share it with the recipients you choose;
- you have a lawful basis to provide your recipients' personal details (name, email, phone) to us for delivery, and that they would reasonably expect to receive the capsule;
- your content does not infringe anyone's rights or break any law.
6. Acceptable use
You must not use the Service to store or distribute unlawful content, to facilitate illegal activity, to harass or harm others, to infringe intellectual-property or privacy rights, to upload malware, or to attempt to gain unauthorised access to or disrupt the Service. We may remove content or suspend accounts that breach these Terms or the law.
7. The trigger mechanism — your responsibility
The timing and conditions of any release are determined by the settings you choose (check-in cadence, grace period, retries, recipient details and channel). You are responsible for responding to check-ins and for keeping your and your recipients' contact details accurate. To the extent permitted by law, we are not responsible for a capsule being released, not released, or delivered late or to the wrong person where this results from your settings, your missed check-ins, inaccurate details, or failures of third-party email/SMS networks. The Service is provided on a best-effort basis and we do not guarantee exact delivery timing.
8. Plans, payment & renewal
We offer a free tier and paid subscription plans. Fees, features, and billing cycles are shown at sign-up or in your account. Paid plans renew automatically for the same period unless you cancel before renewal. Payments are processed by Stripe; by purchasing you authorise the applicable charges (plus any taxes). We may change pricing or plans with prior notice; changes apply from your next billing cycle. If you are an EU/UK consumer, you may have a statutory right to withdraw within 14 days of purchase — note that, by asking us to start the Service immediately, you may agree that this right ends once performance has begun, to the extent the law allows.
9. Cancellation, termination & data deletion
You may cancel at any time from your account settings. Paid access continues until the end of the period you have paid for; except where required by law, fees already paid are non-refundable. When you cancel or delete your account, we delete your personal data and the contents of your capsules and retain no personal data afterwards (apart from minimal records we are legally required to keep) — see our Privacy Policy. We may suspend or terminate your account if you materially breach these Terms or the law; we will give notice where reasonable.
10. Changes & availability
We may modify, add, or discontinue features, and we may carry out maintenance. We aim for high availability but do not guarantee the Service will be uninterrupted, error-free, or available at any particular time. We will give reasonable notice of material adverse changes where we can.
11. Disclaimers
Except as expressly stated and to the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose, reliability, or that triggers and deliveries will occur accurately or on time. Nothing in these Terms excludes the statutory rights of consumers that cannot be excluded under applicable law.
12. Limitation of liability
To the fullest extent permitted by law, Capsulene will not be liable for any indirect, incidental, special, or consequential loss, or loss of data, profit, or goodwill. Our total liability arising out of or relating to the Service is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, or EUR 100. Nothing in these Terms limits liability that cannot be limited by law — including liability for death or personal injury caused by negligence, for fraud, or for any statutory consumer rights.
13. Indemnity
To the extent permitted by law (and except where you act as a consumer), you agree to indemnify Capsulene against claims, losses, and costs arising from your content, your use of the Service, or your breach of these Terms — including claims by a recipient or other third party relating to data you provided about them.
14. Intellectual property
The Service, the Capsulene name and logo, and all related software and materials are owned by us or our licensors and are protected by law. These Terms grant you no rights in them other than to use the Service as permitted.
15. Governing law & disputes
These Terms are governed by the laws of Hungary, without affecting any mandatory consumer-protection rights you have in your country of residence. Disputes are subject to the courts of that jurisdiction, again without prejudice to mandatory consumer rights. EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
16. General
If any provision is unenforceable, the rest remains in effect. We may update these Terms; we will post the new version with a revised date and, for material changes, notify you — continued use after changes means you accept them. We may assign these Terms in connection with a merger or sale; you may not assign them without our consent. Our failure to enforce a provision is not a waiver. We are not liable for failures caused by events beyond our reasonable control.
17. Contact
Questions about these Terms: support@capsulene.com. Operator: DDS Services Kft., Budapest, Hungary.