Terms of Service.

In short

Kapota is a proximity-based platform connecting nearby people, businesses, and cities. By using Kapota, you agree to use it for what it's built for — meeting people, finding local businesses, and engaging with civic communications — and not to abuse it. We can suspend accounts that violate these rules. You can leave anytime. Don't do anything illegal.

1. Acceptance

These Terms of Service ("Terms") form a binding agreement between you and Kapota, Inc. ("Kapota," "we," "us," "our"). By creating an account, downloading the Kapota app, or using kapota.app and related services (collectively, the "Service"), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old to use Kapota. Kapota is not intended for anyone under 18, and we do not knowingly permit minors to create accounts. If you are under 18, do not use the Service.

Business accounts must be operated by an authorized representative of a real, registered business. City accounts must be operated by an authorized representative of a municipality, public agency, or equivalent official body. Misrepresentation of business or city status is a serious violation.

3. Your account

• You are responsible for the activity on your account and for keeping your credentials secure.
• You must provide accurate, current information when creating your profile.
• Each person should maintain only one personal account. Multiple accounts to evade safety enforcement, cap limits, or reviews are prohibited.
• You must promptly notify us of any unauthorized access via [email protected].

4. The three contexts

Kapota operates in three contexts, and each has additional expectations:

4.1 Personal users

Personal accounts use Kapota to discover and connect with nearby people, join groups, send messages, and engage with local content. Personal use is for genuine social, civic, and discovery purposes — not commercial activity. If you operate a business through a personal account, switch to a business account.

4.2 Business merchants

Business accounts may post deals, generate marketing content, and message customers. By using a business account, you represent that you have legal authority to act for the business, that the business is registered and lawful in its jurisdiction, and that all business information you provide (name, hours, location, photos) is accurate. You are responsible for compliance with all applicable consumer protection, advertising, tax, and trade laws. If you enable automated deal delivery, you authorize Kapota to create and send deals to customers on your behalf based on the templates and targeting you configure, and you remain solely responsible for those deals, their terms, and any resulting obligations. You can disable automation at any time.

4.3 City officials

City accounts may post public announcements, emergency alerts, and scheduled posts to residents and visitors within their jurisdiction. By using a city account, you represent that you are an authorized official or designated communicator of a real public agency, that posts you publish are official communications consistent with your agency's policies, and that emergency alerts are reserved for genuine emergencies only.

5. Acceptable use

You agree not to use Kapota to:

• Impersonate any person, business, or municipal entity, or misrepresent your identity, affiliation, or location
• Harass, threaten, stalk, intimidate, or abuse any user
• Upload, post, or share content that is illegal, defamatory, obscene, sexually explicit involving minors, or that promotes violence, hate, or self-harm
• Sexual content of any kind directed at users you do not have an established relationship with
• Spam, phish, scam, or send unsolicited commercial messages
• Solicit personal information, including financial details, passwords, or government IDs from other users
• Engage in or promote illegal goods or services, including controlled substances, weapons, or human trafficking
• Distribute malware, exploit security vulnerabilities, or attempt to circumvent rate limits or paywalls
• Scrape, crawl, harvest, or copy user data, profiles, or content for commercial purposes
• Use automated tools, bots, or scripts to interact with the Service except where we expressly permit
• Misuse Bluetooth or location features to track, stalk, or surveil any individual
• Generate AI content (Group Cards, flyers) that depicts real people without consent, includes hateful imagery, or violates intellectual property
• Misuse city emergency alerts for non-emergency purposes

We reserve the right (but are not obligated) to review, moderate, and remove content. We may suspend or terminate accounts that violate these rules.

6. Your content

You retain ownership of the content you create on Kapota — your messages, profile information, posts, deals, announcements, and AI-generated images.

By posting content on Kapota, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, translate, display, and distribute your content as needed to operate the Service. This includes:

• Translating your messages into recipients' preferred languages
• Showing your posts to nearby users in their feeds
• Caching and replicating content across our infrastructure
• Displaying your business or city posts to relevant audiences

This license ends when you delete the content or your account, except that we may retain anonymized or aggregated data and copies in routine backups.

You represent that you have the rights to all content you post, including any photos of people (with their consent), trademarks, logos, or copyrighted material.

7. AI-generated content

Kapota offers AI-generated content features (Group Cards, Marketing Studio flyers, City Flyer Studio). You acknowledge that:

• You are responsible for the prompts you submit and the resulting outputs
• You will not use AI features to create content that is illegal, infringing, defamatory, or that depicts real people without consent
• AI-generated content is not guaranteed to be unique; similar outputs may be produced for other users
• We may rate-limit or disable AI features that are abused

8. Subscriptions and payments

8.1 Plans

Kapota offers free and paid subscription tiers across the personal, business, and city contexts. Pricing is displayed within the app and managed by Apple App Store or Google Play. Pricing may change; we will give notice of material changes before they apply to your subscription.

8.2 Billing

All subscription billing is handled by Apple App Store (for iOS) or Google Play (for Android). Your subscription auto-renews unless cancelled. Cancel anytime via your platform's subscription management:

• iOS: Settings → Apple ID → Subscriptions
• Android: Google Play → Profile → Subscriptions

8.3 Refunds

All purchases are final unless otherwise required by law. Refund requests are governed by Apple's and Google's respective refund policies. Kapota does not directly process refunds.

8.4 Revenue pool

Certain premium subscribers may become eligible to participate in the Kapota revenue pool. Eligibility, participation, and any payments are governed by separate Revenue Pool Terms, which qualifying subscribers must separately review and accept. Participation is optional, and nothing in these Terms guarantees eligibility for or payment from any revenue pool.

8.5 Tier features

We may modify which features are available in which tier as the Service evolves. Material changes that reduce features in a tier you are paying for will be communicated in advance with the option to cancel.

9. Intellectual property

The Kapota name, logo, app design, software, and Service-level content are owned by Kapota, Inc. or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, reverse-engineer, or create derivative works of the Service without our written permission.

Trademark and copyright complaints can be sent to [email protected]. We respond to valid DMCA takedown notices.

10. Safety and your responsibility

Kapota helps you discover nearby people, but it is your responsibility to act prudently when meeting strangers. We do not perform background checks on users. When meeting someone you connected with through Kapota:

• Choose public locations
• Tell someone you trust where you are going
• Trust your instincts and leave if something feels wrong
• Report suspicious or unsafe behavior to [email protected]

You are responsible for your own safety, lawful conduct, and the consequences of meeting other users.

11. Termination

You may delete your account anytime via Settings → Account → Delete Account. Deletion is processed within 30 days, with a 7-day grace period during which you can cancel.

We may suspend or terminate your account for violations of these Terms, suspected fraud, abuse, illegal activity, or to comply with legal obligations. Where reasonable and not contrary to safety or legal needs, we will give you notice and an opportunity to address the issue.

Termination of your account ends your right to use the Service. Sections that by their nature should survive (e.g., intellectual property, limitation of liability, dispute resolution) survive termination.

12. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or fully secure, or that information posted by users (including business deals or city alerts) is accurate, complete, or reliable.

You use the Service at your own risk. Information you receive from other users — including business deals, city posts, and personal interactions — is not endorsed or verified by Kapota.

13. Limitation of liability

To the fullest extent permitted by law, Kapota and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, arising from your access to or use of (or inability to use) the Service; any conduct or content of any third party; or unauthorized access, use, or alteration of your transmissions or content.

In no event shall our aggregate liability exceed the greater of (a) the amount you paid Kapota in the 12 months prior to the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow exclusions of certain warranties or limitations of liability, so the limitations above may not apply to you in full.

14. Indemnification

You agree to indemnify, defend, and hold harmless Kapota, Inc. and its affiliates from any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your content, your violation of these Terms, or your violation of any third-party rights.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Disputes arising from these Terms or the Service will be resolved through binding individual arbitration administered by JAMS, except that either party may seek injunctive relief in court for intellectual property infringement or unauthorized access.

Class action waiver: You agree to resolve disputes individually and not as part of a class, collective, or representative action, to the extent permitted by law.

For users in the EU/EEA/UK, mandatory consumer-protection laws of your country may apply and override these provisions.

16. Changes

We may update these Terms as the Service evolves. Material changes will be communicated via in-app notification or email at least 30 days before they take effect, except where immediate updates are needed for legal or security reasons. The "Last updated" date at the top of this page reflects when changes were last published.

Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Miscellaneous

• Severability: if any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver: failure to enforce any provision is not a waiver of that provision.
• Assignment: you may not transfer your rights under these Terms; we may assign in connection with a merger, acquisition, or sale of assets.
• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and Kapota concerning the Service.

18. Contact

For Terms-related questions or notices:

• Legal: [email protected]
• Safety: [email protected]
• Security: [email protected]
• General: [email protected]

Kapota, Inc. — United States