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Terms of Service #

Effective Date: December 17, 2024

Last Updated: December 17, 2024

1. Agreement to Terms #

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Capysaurus LLC, an Indiana limited liability company ("Capysaurus," "we," "us," or "our"), governing your access to and use of the Capysaurus capacity management platform, website located at capysaurus.com, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

2. Description of Service #

Capysaurus provides a software-as-a-service (SaaS) platform designed to assist organizations with capacity management, workload distribution, and team planning. The Service includes features for:

  • Creating and managing work catalogs with effort scoring
  • Tracking team member capacity and role levels
  • Managing client assignments and workload distribution
  • Generating capacity reports and forecasts

2.1 Important Disclaimers About the Service #

THE SERVICE IS A PLANNING AND INFORMATIONAL TOOL ONLY. You acknowledge and agree that:

  • Capysaurus does not make decisions for you. The Service provides data, visualizations, and frameworks to assist with your decision-making. All hiring, staffing, compensation, workload, and business decisions remain solely your responsibility.

  • Capysaurus is not a substitute for professional advice. The Service does not provide and should not be considered as providing human resources, legal, financial, employment, or management consulting advice.

  • Results may vary. The effectiveness of capacity planning depends on many factors outside our control, including the accuracy of data you input, how you interpret and apply the information, your organization's unique circumstances, and external market conditions.

  • No guarantees of business outcomes. We make no representations or warranties regarding any particular business outcomes, including but not limited to improved profitability, successful hiring, reduced turnover, or any other business metric.

3. Account Registration and Security #

3.1 Account Creation #

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information to keep it accurate, current, and complete.

3.2 Account Security #

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately at support@capysaurus.com of any unauthorized use of your account or any other breach of security

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Types #

  • Organization Owners have full administrative access to their organization's account, including billing, user management, and all data.
  • Team Members may be invited by Organization Owners and have access levels determined by their organization's administrator.

4. Subscription and Payment #

4.1 Free Trial #

We offer a thirty (30) day free trial of the Service. No credit card is required to start a trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service.

4.2 Subscription Fees #

Subscription fees are based on the number of team members in your organization, as displayed on our pricing page. All fees are quoted in U.S. dollars unless otherwise specified.

4.3 Payment Terms #

  • Monthly subscriptions are billed monthly in advance.
  • Annual subscriptions are billed annually in advance.
  • Payment is due upon invoice or at the start of each billing cycle.
  • All fees are non-refundable except as expressly set forth in these Terms.

4.4 Refund Policy #

  • Free trial: No payment required, no refund applicable.
  • Monthly subscriptions: No refunds. You will continue to have access to the Service through the end of your current billing period.
  • Annual subscriptions: No refunds for partial years. You will continue to have access to the Service through the end of your annual subscription period.

4.5 Price Changes #

We reserve the right to change our subscription fees upon thirty (30) days' prior notice. Price changes will take effect at the start of your next billing cycle following the notice.

4.6 Taxes #

You are responsible for all applicable taxes, and we will charge tax where required by law.

5. Your Data #

5.1 Data Ownership #

You retain all rights to your data. "Your Data" means all information, content, and data that you or your authorized users submit, upload, or input into the Service, including but not limited to:

  • Organization and team information
  • Team member names, roles, and capacity information
  • Salary and compensation data
  • Client and customer information
  • Work catalog definitions and effort scores
  • Assignment and workload data

We claim no ownership rights over Your Data. You grant us a limited license to use Your Data solely to provide, maintain, and improve the Service.

5.2 Data Security #

We implement commercially reasonable technical and organizational measures to protect Your Data. However, no method of transmission over the Internet or electronic storage is 100% secure. See our Privacy Policy for details on our data protection practices.

5.3 Sensitive Data Acknowledgment #

You acknowledge that the Service may contain sensitive information about your organization and employees, including salary data and performance-related information. You are responsible for:

  • Ensuring you have the legal right to input such data into the Service
  • Complying with all applicable privacy and employment laws
  • Managing access permissions appropriately within your organization

5.4 Data Retention and Deletion #

  • We retain Your Data for as long as your account is active or as needed to provide the Service.
  • Upon account termination, we will retain Your Data for a reasonable period to allow for reactivation, unless you request deletion.
  • You may request deletion of Your Data at any time by contacting support@capysaurus.com. We will comply with deletion requests within ninety (90) days, except where retention is required by law or for legitimate business purposes.

5.5 Aggregated and Anonymized Data #

We may create aggregated, anonymized, or de-identified data derived from Your Data that cannot reasonably be used to identify you or any individual ("Aggregated Data"). We may use Aggregated Data for any lawful purpose, including to analyze and improve the Service, conduct research, and create benchmarks.

6. Acceptable Use #

6.1 Permitted Use #

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only to:

  • Manage capacity and workload planning for your organization
  • Track and analyze team member assignments and capacity
  • Generate reports and forecasts for internal business purposes

6.2 Prohibited Conduct #

You agree not to:

  • Use the Service for any illegal purpose or in violation of any applicable laws
  • Input false, misleading, or fraudulent information
  • Attempt to gain unauthorized access to the Service or its related systems
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Use the Service to develop a competing product or service
  • Share your account credentials with any third party
  • Remove, alter, or obscure any proprietary notices from the Service
  • Use the Service to discriminate against employees or make employment decisions in violation of applicable laws
  • Use automated means (bots, scrapers, etc.) to access the Service without our express permission
  • Resell, sublicense, or otherwise transfer access to the Service to third parties

6.3 Enforcement #

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms, including removing content, suspending or terminating accounts, and reporting violators to law enforcement authorities.

7. Intellectual Property #

7.1 Our Intellectual Property #

The Service, including all software, content, features, functionality, designs, text, graphics, logos, and trademarks, is owned by Capysaurus LLC and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License #

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

7.3 Feedback #

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

8. Third-Party Services #

The Service integrates with or relies upon certain third-party services, including:

  • Stripe for payment processing
  • Supabase for database and authentication services
  • Resend for email delivery
  • Google Analytics for website analytics
  • Google reCAPTCHA for security and spam prevention
  • ImprovMX for email forwarding

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or content of such third-party services.

9. Disclaimers #

9.1 "As Is" and "As Available" #

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Service will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the accuracy or reliability of any information obtained through the Service
  • Warranties that defects will be corrected

9.2 No Professional Advice #

THE SERVICE DOES NOT PROVIDE LEGAL, HUMAN RESOURCES, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE. You should consult appropriate professionals before making any business, employment, legal, or financial decisions based on information from the Service.

9.3 No Guarantee of Results #

WE DO NOT GUARANTEE ANY PARTICULAR RESULTS FROM USE OF THE SERVICE. Capacity planning outcomes depend on many factors beyond our control, including the accuracy of your data, your interpretation of the information, and your specific business circumstances.

10. Limitation of Liability #

10.1 Exclusion of Damages #

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPYSAURUS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages arising from your use or inability to use the Service
  • Any damages arising from any hiring, staffing, compensation, or business decisions made using information from the Service
  • Any damages arising from unauthorized access to or alteration of your data
  • Any damages arising from third-party conduct or services

10.2 Cap on Liability #

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF:

  • The amounts you paid to us in the twelve (12) months preceding the claim, or
  • One hundred U.S. dollars ($100)

10.3 Basis of the Bargain #

The limitations of liability in this section reflect the allocation of risk between you and Capysaurus and form an essential basis of the bargain between us. The Service would not be provided without these limitations.

11. Indemnification #

You agree to indemnify, defend, and hold harmless Capysaurus LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any third-party rights
  • Any content or data you submit to the Service
  • Any employment, hiring, or business decisions made using information from the Service

12. Term and Termination #

12.1 Term #

These Terms are effective when you first access the Service and continue until terminated.

12.2 Termination by You #

You may terminate your account at any time by contacting us at support@capysaurus.com or through the account settings in the Service. Termination does not entitle you to any refund of fees paid.

12.3 Termination by Us #

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

  • Violation of these Terms
  • Non-payment of fees
  • Extended inactivity
  • Request by law enforcement or government agency
  • Discontinuation of the Service

12.4 Effect of Termination #

Upon termination:

  • Your right to access and use the Service immediately ceases
  • We may delete Your Data in accordance with our data retention policies
  • Provisions that by their nature should survive termination will survive, including Sections 5.5, 7, 9, 10, 11, and 13

13. General Provisions #

13.1 Governing Law #

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

13.2 Dispute Resolution #

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Hamilton County, Indiana. You consent to the personal jurisdiction of such courts.

13.3 Entire Agreement #

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Capysaurus regarding the Service.

13.4 Severability #

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.5 Waiver #

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.6 Assignment #

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

13.7 Modifications #

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

13.8 Electronic Communications #

By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

14. Contact Information #

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

Capysaurus LLC

Email: support@capysaurus.com

Address: 15288 Radiance Dr, Noblesville, IN 46060

By using Capysaurus, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Terms of Service | Capysaurus