These Terms of Use ("Terms") are a binding agreement between you and Dina Miyerkhanova, a natural person operating CapsuleMind in the Republic of Kazakhstan, Seifullin Avenue 416, block 4, apt. 48, Almaty ("CapsuleMind", "we", "us"). They govern your use of the CapsuleMind mobile application and the website at https://capsulemind.app (together, the "Service").
By creating an account or using the Service you accept these Terms. If you do not accept them, do not use the Service. Our Privacy Policy explains what we do with your personal data and forms part of these Terms.
1. What CapsuleMind does
CapsuleMind helps you build a capsule wardrobe. You record the clothes you own, the app generates outfit combinations from them, and it suggests specific items you could buy to extend those combinations.
The suggestions are produced automatically from rule tables about colour, style, season and garment layers, together with the answers you give in the onboarding questionnaire. They are suggestions of taste, not professional advice, and we do not promise that any outfit will suit you, fit you, be available to buy, or be appropriate for any particular occasion. You decide what to wear and what to buy.
We do not sell clothing. If the Service links to a retailer, that purchase is a contract between you and that retailer, on their terms, and we are not responsible for the goods, the price, the delivery or the returns.
2. Eligibility
You must be at least 18 years old to create an account. By registering you confirm that you are. If we learn that an account belongs to someone under 18, we will delete it.
You must also be legally able to enter into a contract, and not be barred from using the Service under the laws that apply to you.
3. Your account
You are responsible for the accuracy of the information you give us, for keeping your password confidential, and for everything that happens under your account. Tell us at info@capsulemind.app as soon as you suspect unauthorised access.
One person, one account. Do not share your account, sell it, or let anyone else use it.
4. Licence
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use one copy of the app on a device you own or control, for your own personal, non-commercial use. This licence lasts as long as your account does.
For apps downloaded from the Apple App Store, the licence is additionally governed by the Usage Rules in Apple's Media Services Terms and Conditions, and is limited to devices you own or control as those rules permit.
We keep every right we do not expressly grant you here.
5. What you may not do
You agree not to:
- copy, modify, translate, decompile, disassemble or reverse-engineer the app, or attempt to derive its source code, except to the extent the law expressly permits despite this restriction;
- rent, lease, lend, sell, sublicense or otherwise make the Service available to a third party;
- use the Service for any commercial purpose, including reselling outfit recommendations or building a competing product from our catalogue;
- scrape, crawl or bulk-extract the catalogue, the compatibility rules or any other part of our data;
- probe or circumvent our security, access another user's account or data, or interfere with the operation of the Service;
- use automated means to create accounts or generate requests at a volume that burdens our infrastructure;
- upload or transmit anything unlawful, infringing, malicious, or designed to harm the Service or other users;
- remove or obscure any proprietary notice in the Service.
6. Your content
The wardrobe you build, the questionnaire answers you give and anything else you enter remain yours. You grant us a worldwide, royalty-free licence to host, store, reproduce and process that content solely in order to operate the Service for you — to generate your outfits, show your wardrobe and back up your data. This licence ends when your content is deleted, except for backups already made, which are overwritten in the ordinary course.
You confirm that you have the right to submit whatever you submit, and that it does not infringe anyone else's rights.
7. Our intellectual property
The app, the website, the catalogue, the compatibility rules, the outfit-generation logic, the design, the name "CapsuleMind" and the logo are owned by us and protected by intellectual-property law. Nothing in these Terms transfers any of it to you.
8. Price, subscriptions and payments
The Service is currently free to use. The app may display a Free / Premium badge; paid features are not yet available.
If we introduce a paid subscription later, then before you are charged we will show you the price, the billing period, what the subscription includes and how to cancel. Purchases will be processed by Apple or Google, not by us; the subscription will renew automatically unless you cancel at least 24 hours before the end of the current period; you can manage and cancel it in your App Store or Google Play account settings; and refunds are handled by the store under its own policy. We will not convert a free account into a paid one without your explicit purchase.
9. Availability and changes to the Service
We aim to keep the Service running but we do not promise uninterrupted availability. We may change, suspend or discontinue features, and we may impose limits, at any time. If we discontinue the Service entirely, we will give you reasonable notice and an opportunity to export or delete your data.
10. Ending this agreement
You may stop using the Service at any time and delete your account in the app: Profile → Delete account. Your data is permanently erased within 30 days, and you can cancel within that window by signing in again. See Delete your account for the full procedure.
We may suspend or terminate your account if you materially breach these Terms, if we are required to by law, or if your use puts the Service or other users at risk. Where it is reasonable to do so, we will warn you first and give you a chance to fix the problem. On termination, your licence ends and your data is deleted on the schedule in the Privacy Policy.
Sections 6, 7, 11, 12, 13 and 15 survive termination.
11. Disclaimer of warranties
To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.
We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that outfit recommendations will be accurate, suitable, flattering, available for purchase or free of odd combinations.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
12. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, nor for lost profits, lost data, or purchases you made on the strength of a recommendation.
Our total liability arising out of or relating to the Service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) USD 50.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, for fraud, or any rights you have as a consumer under mandatory law in your country of residence.
13. Indemnity
You agree to indemnify us against claims, losses and reasonable costs arising from your breach of these Terms, your misuse of the Service, or your violation of anyone else's rights — except to the extent the claim arises from our own act or omission.
14. Apple and Google
If you obtained the app from the Apple App Store, you acknowledge that:
- these Terms are between you and us only, not with Apple, and we alone are responsible for the app and its content;
- Apple has no obligation to provide any maintenance or support for the app;
- if the app fails to conform to any 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 whatsoever with respect to the app;
- we, not Apple, are responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation;
- we, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the app infringes intellectual property rights;
- you represent that you are not located in a country subject to a US Government embargo or designated as "terrorist supporting", and that you are not on any US Government list of prohibited or restricted parties;
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to 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 Google is not a party to these Terms and bears no responsibility for the app.
15. Governing law and disputes
These Terms are governed by the law of the Republic of Kazakhstan, without regard to its conflict-of-law rules. Disputes will be resolved by the competent courts of Almaty, Republic of Kazakhstan.
If you are a consumer, this does not deprive you of the protection of mandatory consumer-law provisions of your country of residence, and it does not remove your right to bring proceedings there where the law gives you that right.
16. General
These Terms, together with the Privacy Policy, are the whole agreement between us about the Service. If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to a successor in connection with a merger or sale of the business, on notice to you.
We may update these Terms. The version and date at the top show what is current. If a change is material, we will notify you in the app before it takes effect; continuing to use the Service afterwards means you accept the new version.
17. Contact
- General and support: info@capsulemind.app
- Privacy: info@capsulemind.app
- Postal: Dina Miyerkhanova, Seifullin Avenue 416, block 4, apt. 48, Almaty, Republic of Kazakhstan