These Terms were last updated on 5 January 2024
About our services and these terms
The “Service” is CaptionHub, the web-based service made available at captionhub.com (or such other website as we may inform you from time to time) (the "Site") which provides subtitling capabilities. The Service is available on a multi-tenanted or single-tenant platform and we also offer privately installed versions of the Service.
The Service is provided by CaptionHub Ltd (“CaptionHub”, “we”, “us” and “our”). We are a limited company, registered in England. Our registered company number is 09866655, and our registered office is at 86-90 Paul St, London EC2A 4NE.
Your use of the Service is subject to and governed by these User Terms. These User Terms form a legally binding agreement (the "Agreement") between you and us in relation to your use of the Service. It is important that you take the time to read them carefully.
BY ACCESSING AND/OR USING OUR PLATFORM OR SERVICES OR OTHERWISE COMMUNICATING YOUR ACCEPTANCE, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE USER TERMS. PLEASE DO NOT PROCEED FURTHER IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
We reserve the right to change these User Terms from time to time and we will notify you of such changes the next time you access the Site. By continuing to access the Site after being presented with our updated terms, you indicate your acceptance of the updated or modified User Terms.
You may access and use the Service only in one of the following capacities:
• as an “Account Holder” – meaning that you are an employee of a business that has an “Account” with CaptionHub (a "CaptionHub Customer") to use the Service;
• as a “Delegated User” – meaning that you are an employee of or otherwise engaged by a business which is a service provider to a CaptionHub Customer, and you are accessing and using the Service in order to provide services to that CaptionHub Customer, using logins that CaptionHub has assigned to that CaptionHub Customer to use the Service (each a “Login”); or
• as a “Superuser” – meaning that you are an Account Holder, and CaptionHub has given you a Login which allows you to allocate Logins to other Account Holders or Delegated Users within the Service.
Consumer access and use of the Service is therefore prohibited.
Please note that these User Terms relate to the Service only, and that if you wish to use other products or services offered by any of the entities within the CaptionHub Group, you may be required to enter into separate terms and conditions relating to such products and services.
The Service
You may only access the Service through a Login allocated and provided solely for your use.
We make or give no representation or warranty as to the accuracy, completeness, correctness, reliability, integrity, quality or fitness for purpose of the Site, Service or any content produced as part of the Service and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the Service or the content we make available via the Service unless we have fraudulently mis-represented you in any way.
By using the Service, you agree:
• to use the Service only in compliance with (i) these User Terms; and (ii) any reasonable instructions, regulations and guidelines that we may issue within the Service or otherwise in relation to the Service from time to time;
• to keep confidential, safe and secure any user log in details provided to you to access the Service. You must not share any log in details with any third party, even other individuals engaged by your employer or the organisation engaging you (only one person may use each login); and
• to notify us and the CaptionHub Customer immediately if you know or have reasonable grounds to suspect that any person not authorised to access the Service has obtained your Login or has had unauthorised access to the Service.
We reserve the right to change the design, features and/or functionality of the Site and Service at any time.
Restrictions on using the Service
We grant you a limited and personal license to use our Service in accordance with the Agreement.
The Service is to be used solely in your professional capacity in conjunction with the organisation for whom you work, whether you are employed, contracted, seconded or otherwise engaged by such organisation.
You agree not to:
• copy, resell, reproduce, save, modify, adapt, distribute, extract, re-utilise, dissemble, reverse engineer, decompile or otherwise exploit any aspect of the Service or Site in any form;
• use the Service or Site for any purpose other than the internal business purposes of the CaptionHub Customer;
• attempt to circumvent or disable any technological protection measures contained in or used to protect the Service;
• upload or transmit any material that infringes a third party’s intellectual property rights;
• do anything which infringes our intellectual property rights or those of any third party in relation to your use of the Service;
• use the Service or Site in any way that is unlawful, fraudulent or in breach of any applicable law;
• maliciously transmit or upload any material containing viruses, Trojan horses, worms, spyware, adware or any other harmful computer code or program;
• access all or any part of the Service in order to build a product or service which competes with the Site or Service;
• use the Service in any manner that harms or may endanger minors or any other person; or
• represent or suggest that CaptionHub endorses any other business, product or service unless CaptionHub has separately agreed to do so in writing.
Content uploaded as part of the Service
As part of using the Service you are permitted to upload content and information relevant to the Service. You must not upload any information that:
• is racially or ethnically offensive; facilitates or promotes illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability;
• is abusive, threatening, harassing or invasive of privacy;
• is false, unlawful or misleading; or
• impersonates, or misrepresents any third party.
You should ensure you have all rights, licences, permits, authorisations and consents to use the content and information you upload.
Additionally, by using the Service, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using our Site or by emailing us may be read or intercepted by others.
Our Intellectual Property Rights
All intellectual property rights in the Service and the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), are owned by us or our licensors. Except as expressly set out here, nothing in these User Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights as a result of using the Site or Service.
Ending this Agreement
We may end your rights to use the Site and Service at any time by contacting you if you have breached this Agreement in a serious way.
If we end your rights to use the Site and Service,
• you must stop all activities authorised by this Agreement, including your use of the Site and Service; and
• we may de-activate your account and cease providing you with access to the Service.
Your personal information
Any personal information submitted to us about you (whether via the Service or provided by a third party on your behalf) will be processed by us as a data processor on behalf of the relevant CaptionHub Customer. We provide some further information on our data processing as a processor within our Privacy Policy published here.
Our liability
Nothing in the Agreement shall limit or exclude our liability to you:
• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for any other liability that, by law, may not be limited or excluded.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed £100.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control or that is caused as a result of information that you have uploaded to the Site.
General
You may not transfer or assign any or all of your rights or obligations under this Agreement.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of the Agreement is found to be unenforceable, all other provisions shall remain unaffected.
You may not vary this Agreement except with our express written consent.
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them will only be dealt with by the English courts.
Contacting us, support and complaints
If you have any questions, require support in respect of your use of the Site and Service or if you think the Site or Service are faulty or mis-described, please contact us by emailing: enquiries@captionhub.com.