Terms of Use & End User License Agreement

1. Agreement

These Terms govern your use of Kortex Captions, a photo analysis and caption-generation application provided by Kortex (“Kortex,” “we,” “us,” or “our”). By downloading, installing, accessing, or using the app, you agree to these Terms. If you do not agree, do not use the app.

2. License to use the app

Subject to these Terms, Kortex grants you a limited, personal, non-exclusive, non-transferable, revocable license to use Kortex Captions for your own lawful purposes on devices you own or control. You may not copy, resell, rent, sublicense, reverse engineer, modify, redistribute, or interfere with the app except where applicable law does not allow us to restrict that activity.

3. Photos, media, and permissions

Kortex Captions may request access to your camera and photo library so you can select or capture images for caption generation. You choose what to submit. You must have the rights and permissions needed to use submitted photos, names, trademarks, music references, and other material. Do not submit content that violates another person’s privacy or intellectual-property rights.

4. Your content

You retain ownership of the photos, text, and other materials you submit. You grant Kortex and its service providers the limited permission needed to host, transmit, analyze, transform, and return that content to provide the features you request. We do not claim ownership of your photos or generated captions. Our Kortex Captions Privacy Policy explains how submitted data is handled and how to request deletion.

5. AI-generated content

Captions, hashtags, suggestions, and other results may be generated with automated or AI-assisted systems. Results can be inaccurate, repetitive, incomplete, or inappropriate for your intended audience. Review every result before publishing or relying on it. You are responsible for the final content you post and for complying with the rules of any social platform where you use it.

Kortex does not guarantee that generated content is unique, factually correct, free of third-party rights issues, or suitable for a particular brand, audience, or purpose.

6. Social and third-party services

Optional features may connect to third-party services such as social networks, authentication providers, AI providers, analytics services, advertising networks, app stores, or hosting providers. You authorize a connection only when you choose to make it. Those services have their own terms and privacy policies, and Kortex does not control their availability, content, or decisions about your account.

7. Acceptable use

You may not use Kortex Captions to create or distribute unlawful, deceptive, abusive, hateful, sexually exploitative, or privacy-invasive content; impersonate another person; infringe rights; evade platform rules; send spam; or interfere with the app, its providers, or another person’s use of the service.

8. Ads, purchases, and subscriptions

The app may display advertising or offer paid features. Purchases may be processed through Apple, Google Play, Amazon, Stripe, RevenueCat, or another provider identified at checkout. Prices, billing periods, renewal terms, and cancellation controls are shown by the applicable store or provider. Refunds are handled by the store or payment provider that processed the transaction. Access may be restricted after expiration, refund, reversal, or chargeback.

9. Disclaimers

Kortex Captions is provided on an “as available” and “as is” basis to the extent permitted by law. We do not guarantee uninterrupted service, error-free results, availability of a third-party integration, or that generated content will meet your expectations. The app is a creative aid, not legal, medical, financial, marketing, or professional advice.

10. Limitation of liability

To the maximum extent permitted by law, Kortex and its providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, profits, goodwill, content, or access arising from your use of or inability to use the app. Nothing in these Terms limits liability that cannot legally be limited.

11. Suspension and termination

You may stop using the app at any time. We may suspend or terminate access if you materially breach these Terms, misuse the app, or if continued operation creates a security, legal, or operational risk. Sections that by their nature should survive termination will survive.

12. Changes

We may update these Terms as the app or law changes. The updated version will be posted at this URL with a new “Last updated” date. Your continued use after an update means you accept the revised Terms.

13. Apple App Store Requirements

If you downloaded Kortex Captions from the Apple App Store, the following additional terms apply:

Acknowledgement: You acknowledge that these Terms are concluded between you and Kortex only, and not with Apple Inc. (“Apple”). Kortex, not Apple, is solely responsible for the app and its content.

Scope of License: The license granted to you for Kortex Captions is limited to a non-transferable license to use the app on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and Support: Kortex is solely responsible for providing any maintenance and support services with respect to the app. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services.

Warranty: Kortex is solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.

Product Claims: You acknowledge that Kortex, not Apple, is responsible for addressing any claims of yours or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Kortex, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Third-Party Terms: You must comply with applicable third-party terms of agreement when using the app, including any terms that apply to your device, operating system, network, app-store account, payment provider, map provider, AI provider, advertising provider, social platform, or connected service.

Developer Name and Contact: Kortex is operated by Gary Mizrachi, 20012 Wellington Manor Blvd, Lutz, FL 33549. Questions, complaints, or claims about the app may be sent to [email protected] or by phone at 1-239-789-8791.