Terms of Use
Please read these Terms carefully. They include disclaimers about the accuracy of pricing information (Section 4), a limitation of our liability (Section 11), and a binding arbitration provision with a class action waiver (Section 13) that affects how disputes between you and Capsia are resolved. You may opt out of arbitration within 30 days as described in Section 13.
These Terms of Use (the “Terms”) are a binding agreement between you and Capsia LLC, an Ohio limited liability company (“Capsia,” “we,” “us,” or “our”), and govern your use of the Capsia mobile application (the “App”), the website at www.capsia.co (the “Site”), and related services (collectively, the “Service”). By downloading, accessing, or using the Service, you accept these Terms. If you do not agree, do not use the Service.
1. The Service
Capsia is a grocery price-comparison and shopping-planning tool. The Service lets you search grocery products, compare prices and availability across participating retailers in your area, build shopping lists and carts, and plan and track shopping trips. Capsia is an independent information service: we are not a retailer, we do not sell groceries, we do not process payments, and we do not fulfill orders. Any purchase you make happens directly with the retailer, on the retailer's own terms.
2. Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority in your place of residence, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent that you meet these requirements.
3. License to Use the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, and to access the Site, in each case solely for your personal, non-commercial use. All rights not expressly granted are reserved.
4. Pricing Information; No Guarantee of Accuracy
Capsia's purpose is to show you the most accurate pricing information we can obtain, and to be transparent about how reliable each price is. The Service labels prices by source and freshness — for example, prices retrieved live from a retailer's store-level systems may be labeled differently from national catalog prices or from estimates supplied by licensed third-party data providers. Notwithstanding these efforts, you acknowledge and agree that:
- All prices, promotions, and availability shown in the Service are informational estimates, are provided by retailers and third-party data providers, may be delayed, incomplete, or inaccurate, and may differ from the price actually charged at the shelf or register at any given store;
- Pricing information shown in the Service is not an offer to sell at that price, by us or by any retailer, and creates no obligation on any retailer to honor it;
- Product matches across retailers (including size and unit-price comparisons) are made algorithmically and may occasionally match the wrong product or size;
- You are responsible for verifying prices, promotions, and availability with the retailer before making purchase decisions; and
- Capsia has no liability for differences between prices shown in the Service and prices charged by a retailer.
5. Retailer Relationships and Trademarks
Retailer names, logos, and trademarks that appear in the Service (including, for example, Kroger, Walmart, and other retailers) are the property of their respective owners. They are used only to identify the retailer to which pricing information relates. Except where we expressly say otherwise, Capsia is not affiliated with, endorsed by, or sponsored by any retailer shown in the Service. Retailer product data is obtained through authorized retailer APIs and licensed data providers, and its display in the Service is subject to those partners' terms.
6. Affiliate Links and Compensation
The Service may include links that take you to a retailer's website or app, including features that transfer your basket to a retailer for checkout. We may earn a commission from qualifying purchases you make through these links. Affiliate compensation does not influence the prices we display or the order in which stores are compared; store comparisons are computed from pricing data alone. Your purchases from retailers are governed solely by the retailer's own terms and policies.
7. Acceptable Use
You agree not to, and not to permit or assist any third party to:
- Access the Service or its underlying data by any automated means (including bots, scrapers, or crawlers), or harvest, extract, resell, or redistribute pricing data obtained from the Service;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or our backend services, except to the extent such restriction is prohibited by law;
- Circumvent, disable, or interfere with security features or rate limits of the Service, or use the Service to send unauthorized traffic to retailer systems;
- Use the Service for any unlawful purpose, in violation of any applicable law, or in a way that infringes the rights of others;
- Misrepresent your affiliation with Capsia, or use the Capsia name or marks without our prior written consent; or
- Use the Service to build or train a competing product or dataset.
8. Intellectual Property; Feedback
The Service — including the App, the Site, and all software, designs, text, graphics, logos, and other content other than retailer data and trademarks — is owned by Capsia or its licensors and is protected by intellectual property laws. Your shopping lists and other content you create in the App remain yours; they are stored on your device. If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.
9. Third-Party Services and Content
The Service depends on data and services provided by third parties, including retailer APIs, licensed pricing data providers, and hosting providers. We do not control and are not responsible for third-party services, their availability, or their content. Retailer websites and apps you reach through the Service are governed by their own terms and privacy policies. The availability of any given retailer's data in the Service may change or end at any time without notice, including because a retailer or data provider modifies or terminates our access.
10. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. Without limiting the foregoing, Capsia makes no warranty that the Service will be uninterrupted, error-free, or secure, or that pricing or availability information will be accurate, current, or complete. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
11. Limitation of Liability
To the maximum extent permitted by law: (a) in no event will Capsia, its members, managers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost savings, lost data, or loss of goodwill, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages; and (b) Capsia's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of fifty U.S. dollars (US $50) or the amounts you paid to Capsia for the Service in the twelve (12) months preceding the event giving rise to the claim. The limitations in this section apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless Capsia and its members, managers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your misuse of the Service.
13. Dispute Resolution; Arbitration; Class Waiver
13.1 Informal resolution first
Before filing any claim, you and Capsia agree to try to resolve the dispute informally: send a written description of the dispute to contact@capsia.co, and we will do the same to the email or address you provide. If the dispute is not resolved within sixty (60) days, either party may proceed as set out below.
13.2 Binding arbitration
Except for disputes that qualify for small-claims court or seek injunctive relief for intellectual-property infringement or unauthorized access, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator, in English, and may proceed by videoconference or, if an in-person hearing is required, in the county where you reside or another mutually agreed location. The arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this section.
13.3 Class action waiver
You and Capsia each agree that disputes may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims. If this class waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.
13.4 Your right to opt out
You may opt out of this arbitration agreement by emailing contact@capsia.co with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
14. Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of Ohio and applicable U.S. federal law, without regard to conflict-of-laws principles. Subject to Section 13, any judicial proceeding must be brought exclusively in the state or federal courts located in Hamilton County, Ohio, and both parties consent to their jurisdiction. Nothing in this section deprives you of mandatory consumer protections of the state where you reside.
15. Apple- and Google-Specific Terms
If you obtained the App from Apple's App Store, the following applies: these Terms are between you and Capsia only, not with Apple Inc. (“Apple”); Apple is not responsible for the App or its content. The license granted to you is limited to use of the App on Apple-branded products that you own or control, as permitted by the App Store Terms of Service (except that the App may be accessed by other accounts via Family Sharing or volume purchasing). Apple has no obligation to furnish maintenance or support for the App. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer-protection or similar claims. In the event of a third-party claim that the App infringes intellectual-property rights, Capsia, not Apple, is responsible for its investigation, defense, settlement, and discharge. You represent that you are not located in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service, and in the event of a conflict between those terms and these Terms regarding your use of the App downloaded from Google Play, the Google Play Terms of Service control to the extent of the conflict.
16. Termination
You may stop using the Service at any time by uninstalling the App. We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by a data partner or by law, or if we discontinue the Service. Sections 4, 5, 8, and 10 through 18 survive termination.
17. Changes to These Terms
We may revise these Terms from time to time. If we make material changes, we will provide notice — for example, in the App, on the Site, or by updating the “Last updated” date above — before the changes take effect. Your continued use of the Service after revised Terms take effect constitutes acceptance. If you do not agree to revised Terms, stop using the Service.
18. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and Capsia regarding the Service and supersede any prior agreements. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any partnership, employment, or agency relationship. You agree that any notices we are required to give may be provided electronically.
19. Contact
Capsia LLC
Email: contact@capsia.co
Website: www.capsia.co
This document is provided for general informational purposes and does not constitute legal advice.