Terms of Service

XCap helps you find trending topics, write scripts and captions, generate voiceovers and videos, schedule posts, and measure results. Some features use artificial intelligence (AI), including models we host ourselves and models run by the third-party providers listed in our Privacy Policy.

• You must be at least 18 and able to form a binding contract.
• Give accurate information and keep your password secret. You're responsible for activity under your account and workspace.
• Confirm your email address before inviting teammates or buying credits.
• Workspace owners control who has access and are responsible for their team's use of the Service.
• Tell us promptly at legal@xcap.app if you think your account has been accessed without permission.

AI output can be wrong, repetitive, or similar to content made for other users. You are responsible for reviewing everything before you publish it, including facts, claims, health or financial statements, and compliance with each platform's rules and advertising laws (for example, disclosing sponsored content).

Trend and performance insights are estimates, not guarantees of views, followers, leads or sales.

• Your content. You keep all rights to what you upload (brand kits, media, scripts, voice samples, presenter photos).
• Model output. As between you and us, you own the scripts, images, audio and video the Service generates for you, to the extent the law allows AI output to be owned, and we assign to you any rights we have in it. Output may not be protectable by copyright everywhere, and similar output may be generated for others. Some output is produced by open-source models whose licences are listed in our Open-Source Notices; none of them restrict your use of the output beyond these terms and the law.
• Licence to us. You give us a limited licence to host, process, and transmit your content only to run, secure and support the Service for you. We don't use your content to train AI models, and we don't sell it.
• Our Service. We own the software, design and brand of XCap. You may not copy, resell or reverse-engineer it except where the law allows.
• Feedback. If you send suggestions, we may use them without obligation to you.

You may only clone a voice or create an AI twin (a presenter generated from a person's photo) if you are that person, or you have their explicit, informed, written consent to create and use a synthetic copy of their voice or likeness for the purposes you intend. The Service records the consent name, statement, time and IP address when a voice or twin is created, and you must be able to show the underlying consent if asked.

• Never clone or twin public figures, celebrities, minors, or anyone without consent, and never use a clone or twin to deceive, impersonate, defraud, harass, or to suggest someone endorses something they don't.
• Use a clone or twin only for the purposes the person agreed to. If they withdraw consent, delete the voice or presenter promptly. We will remove a voice or twin on a valid request from the person it depicts.
• Label synthetic audio and video where the law or a platform requires it (for example AI-content labels on TikTok, YouTube and Meta).
• We handle voice samples and face images as sensitive data as described in our Privacy Policy, and we never sell them.

• When you connect YouTube, TikTok, Pinterest or Meta (Facebook, Instagram, Ads), you authorise us to act on that account only within the permissions you grant, and you must have the right to connect it.
• Each platform's own terms apply — including the YouTube Terms of Service — and you are responsible for following them, including community guidelines and branded-content rules.
• You can disconnect any platform at any time in Settings → Connections; we revoke our access where the platform allows it and delete the data we synced from it.
• Platforms can change or withdraw their APIs. We aren't responsible for a platform rejecting, removing or limiting your content or account.

• Ads run in your own ad account (for example Meta Ads Manager), paid directly by you to the platform with your own payment method. We charge 0% of ad spend; using the ads features costs only the credits shown in the app.
• You set budgets and spending caps and approve launches. You are responsible for all ad spend, for your ads complying with the platform's advertising policies and with advertising, consumer-protection and anti-discrimination laws, and for any claims in your ads.
• Automated suggestions (for example pausing or scaling an ad) are recommendations; they are applied only as you configure them, and we don't guarantee results.
• If you disconnect or delete your account, campaigns and ads remain in your ad account. Pause them there if you want spending to stop.

• Paid plans renew automatically each month or year until cancelled. Payments are processed by Stripe; we don't store your card number.
• Actions in the Service cost credits, shown before you start. Credits have no cash value and can't be transferred or sold.
• Failed jobs are refunded. If a job fails for reasons on our side or a provider's, the credits held for it are returned automatically.
• Plan credits are granted each billing period. Unused plan credits roll over for 1 billing period (one month) and then expire.
• Top-up credits are valid for 12 months from purchase.
• The free trial lasts 7 days and includes 200 credits. No card is needed to start it.
• Refunds. Except where the law requires otherwise, payments are non-refundable, and used credits aren't refunded. If you believe you were charged in error, contact legal@xcap.app within 30 days.
• We may change prices with at least 30 days' notice; changes apply from your next renewal.

You must follow our Acceptable Use Policy. You're also responsible for following the terms of third-party platforms you connect, such as YouTube, TikTok, Pinterest, Meta and Buffer.

When you connect or use third-party services (social networks, schedulers, AI providers), their terms apply to that use. We aren't responsible for their availability or actions. Using YouTube features means you also agree to the YouTube Terms of Service.

• You can cancel your plan at any time from Billing; it stays active until the end of the paid period.
• You can export your data and delete your account from Settings → Account. Deleting your account deletes workspaces you own alone and cancels their subscriptions.
• We may suspend or close accounts that break these terms or put other users or the Service at risk. Where reasonable, we'll tell you first and give you a chance to export your data.

The Service is provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the Service will be uninterrupted or error-free.

To the extent the law allows, we aren't liable for indirect, incidental, special, consequential or punitive damages, or lost profits, revenue or data. Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim.

You agree to defend and indemnify us against claims arising from your content, your use of cloned voices or AI twins, your ads, or your breach of these terms, a platform's terms, or the law.

We may update these terms. For material changes we'll give at least 30 days' notice by email or in the app. Continuing to use the Service after changes take effect means you accept them.

These terms are governed by the laws of the State of [state], USA, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in [county, state], unless the law where you live requires otherwise.

XCap, 6408 E Virgina Ave, Scottsdale, az 85257. Email: legal@xcap.app