Yellow pencil drawing tool icon

AI Terms

and Conditions

Last Updated: Aug 16, 2025

1. Scope and Acceptance

These Terms govern your use of CapstonAI’s AI features, APIs, WordPress plugin, dashboards, and related services (the “Service”). By using the Service, you accept these Terms and our Privacy Policy. Consumer statutory rights in the EU/EEA apply where relevant. CapstonAI does not offer a free trial. Paid access starts immediately upon purchase. A permanent free plan may be available; it is not a trial and carries no SLA or service credits. Purchases are conditional on acceptance of these Terms at checkout via a non-pre-ticked checkbox. If you do not accept, you cannot buy or access paid plans.

2. Key Definitions

  • Credits: Units consumed by specific actions in the plugin or API (e.g., one image compression or one auto‑generation of meta title/description/keywords/alt text).
  • Subscription: Recurring monthly or annual plan.
  • One‑Time Pack: Non‑recurring bundle of credits.
  • Production Domain: One primary domain licensed per paid plan.
  • Downtime: See §11.2.

3. Accounts and Authority

Provide accurate information and keep credentials secure. If you act for an organization, you represent that you are authorized to bind it.

4. Plans, Billing, Taxes, Stripe

4.1 Stripe. Billing, payment methods, renewals, upgrades/downgrades, and cancellations are handled via Stripe’s customer portal. We do not store full card details.
4.2 Auto‑renewal. Subscriptions renew at the then‑current price unless cancelled before renewal.
4.3 Taxes. Prices exclude applicable taxes unless stated; taxes are added at checkout.
4.4 Price changes. We may modify pricing for future terms with advance notice on a durable medium.
4.5 Free plan. May be offered; not a trial; can be changed or withdrawn at any time; excluded from SLA/credits.
4.6 To complete a purchase you must: (a) tick ‘I have read and accept the CapstonAI Terms & Conditions and Privacy Policy’; and (b) tick ‘I request immediate access during the 14-day period and acknowledge that I lose my right of withdrawal once delivery begins’ (EU/EEA consumers).
4.7 If either box is not ticked, the purchase cannot be completed and provisioning will not occur. The final action button states an obligation to pay (e.g., ‘Pay now’). We send a confirmation email that reproduces the texts you accepted

5. Credits: Issuance, Expiry, Carryover

5.1 Subscription credits expire at the end of each billing period; no carryover.
5.2 One‑Time Packs expire 12 months after purchase.
5.3 Visibility. The dashboard shows balance and expiry; reminder emails may precede expiry.
5.4 Use‑it‑or‑lose‑it. Unused credits expire automatically.
5.5 Authority. Server‑side logs and metering are the record of truth for credit usage and expiry.

6. Per‑Domain Licensing and Multisite

6.1 Each paid plan licenses one production domain. Aliases and redirects to the same site are covered.
6.2 Up to two non‑public staging or test subdomains are allowed per paid plan.
6.3 WordPress Multisite requires Enterprise or Agency tiers per the published plan matrix.

7. Plugin‑Side Credit Governance (Customer Environment)

7.1 Credits are managed in your WordPress environment via our plugin, linked to your CapstonAI account.
7.2 Provider production logs are authoritative for usage, balance, and expiry.
7.3 Tampering. Any attempt to bypass metering, throttling, or licensing (e.g., code modification, replay, falsified headers) is a material breach and may trigger suspension and loss of credits.
7.4 SLA and support apply only to supported plugin versions; materially modified or obsolete builds are out of scope.

8. Beta and Previews

Beta and preview features are provided “as is,” may change or end at any time, and are excluded from the SLA and service credits.

9. Acceptable Use and Abuse Prevention

9.1 No scripted bulk requests that degrade stability; no credential abuse, malware, metering evasion, or attempts to bypass domain limits.
9.2 Thresholds. More than 10,000 API calls per hour without prior written approval may be rate‑limited or suspended. Violations are ineligible for refunds or credits.

10. Cancellations and Plan Changes

10.1 Cancel anytime. Cancellation stops future renewals at period end. No refunds of the current term unless required by law.
10.2 Upgrades take effect immediately; downgrades at the next renewal. Remaining credits keep their original expiry.

11. Uptime SLA and Service Credits

11.1 Commitment. 99.5% Monthly Uptime for paid tiers.
11.2 Downtime = minutes when core paid features are unavailable due to our server‑side 5xx errors or material service unavailability, measured in one‑minute intervals by our production monitoring.
Exclusions: scheduled maintenance with ≥24h notice; emergency security maintenance; force majeure; customer code/content/config/network; third‑party failures outside our reasonable control (cloud/DNS/CDN/ISP/registrar); beta/preview features; the free plan.
11.3 Calculation. Monthly Uptime % = 100 × (total minutes − Downtime minutes) / total minutes.
11.4 Credits (exclusive remedy). Applied to future invoices only; no cash value; cap = one month of the affected subscription fee:
• 99.49%–99.00% → 10% 

• 98.99%–98.00% → 25% 

• 97.99%–95.00% → 50% 

• <95.00% → 100%
Service credits as sole and exclusive remedy are standard industry practice (e.g., AWS/Cloudflare).

11.5 Claiming. Email support@capston.ai within 7 days after the period end with UTC timestamps and impact. Our logs are authoritative. One claim per billing period. (Supersedes prior “platform failure metrics.”)

12. Refunds and EU/EEA Withdrawal Rights

12.1 Digital content/services. For online digital content not on a tangible medium, the 14‑day withdrawal right does not apply once performance begins and the consumer gave prior express consent and acknowledged losing the right; confirmation must be on a durable medium (e.g., email). We require this waiver before immediate access.

12.2 If immediate access starts without that waiver (e.g., technical error), statutory withdrawal may apply; we will process it per law and disable access.

12.3 Outside statutory withdrawals: no refunds for token/credit consumption, partial use, dissatisfaction, over‑consumption, unused features, or elective mid‑term cancellation. This maintains and strengthens the prior policy.

12.4 Processor fees. For goodwill refunds outside statutory withdrawals, non‑refundable payment processing/network fees retained by Stripe or card networks may be deducted. Stripe does not return original processing fees on refunded payments.

12.5 Timing. Refunds are processed within legal timelines; banks/cards may show funds later.
12.6 By ticking the immediate-access waiver in §4.6 and completing payment, you request immediate supply of digital services and you lose the 14-day withdrawal right once delivery begins. If delivery started without a valid waiver due to error, statutory withdrawal may apply.

13. Chargebacks and Disputes

13.1 Contact support@capston.ai before initiating a chargeback. We will investigate and may suspend accounts while disputes are unresolved.
13.2 We will submit representment with logs and durable‑medium consents where a chargeback is unwarranted under network rules.

14. Stripe Checkout — “Obligation to Pay”

Your final checkout action will clearly indicate an obligation to pay (e.g., “Pay now”). This aligns with Article 8(2) CRD and CJEU case law requiring unambiguous payment‑obligation labeling.

15. Data, Security, and Logs

We implement appropriate technical and organizational measures. You are responsible for securing your WordPress instance, plugin configuration, API keys, and backups. We retain logs/metadata needed for billing, safety, abuse detection, and SLA verification, then delete or anonymize per policy and law.

16. Content, Outputs, and IP

You own your inputs. You get a license to use outputs. AI outputs can be incorrect or non‑compliant; you must review and ensure lawful use. No reliance on outputs as legal, medical, or financial advice.

17. Model and Provider Changes

We may change AI models, regions, and sub‑processors to maintain service quality. Third‑party outages outside our reasonable control are SLA‑excluded.

18. Open‑Source and Third‑Party Software

Some components are open‑source or third‑party and are provided under their licenses. Where required, notices are provided.

19. DPA and International Transfers

Where we act as a processor for EEA/UK users, our Data Processing Addendum (including SCCs where applicable) forms part of these Terms and is available on request.

20. Warranties and Disclaimers

The Service is provided “as is.” To the maximum extent permitted by law, we disclaim all implied warranties (merchantability, fitness, non‑infringement). Beta/preview features carry no commitments.

21. Indemnity

You will indemnify CapstonAI for third‑party claims arising from your content or unlawful use of the Service.

22. Liability Cap

No indirect or consequential damages. Aggregate liability is limited to the fees you paid for the Service in the 12 months before the event or €100, whichever is higher, to the extent permitted by law.

23. Suspension and Termination

We may throttle, suspend, or terminate for non‑payment, legal or security risk, or material breach (including abuse or metering circumvention). On termination, licenses end; no refunds of the current term unless legally required.

24. Dispute Resolution; ODR Notice

The EU Online Dispute Resolution (ODR) platform is being wound down: no new complaints from 20 March 2025; data deleted by 20 July 2025. We therefore do not link to it. Consumers can use national ADR bodies.

25. Governing Law and Venue

Unless mandatory consumer law specifies otherwise: French law governs and courts in Paris have exclusive jurisdiction. EU/EEA consumers may bring claims in their country of residence where required by law.

26. Changes

We may update the Service or these Terms. Material changes are notified in advance on a durable medium. Continued use after the effective date accepts the updated Terms.

27. Notices

27.1 Legal notices may be sent to the account email or via the Service. Keep your contact information current.

27.2 SLA claims and statutory withdrawal notices: support@capston.ai.
27.3 We email the order confirmation with the exact checkbox texts, timestamp, IP, and terms version as a durable-medium record