These Terms of Service (the “Terms”) are a legal agreement between you and Closed Caption Creator Inc. (“Closed Caption Creator”, “we”, “us”, or “our”) and govern your access to and use of Closed Caption Unity, including the web application at app.closedcaptionunity.com, its API and MCP server, related documentation, and our website (together, the “Service”). Please read them carefully.
1. Accepting these Terms
By creating an account, starting a trial, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” and “Customer” refer to that organization. If you do not agree, do not use the Service.
If you have signed an order form, enterprise agreement, or on-premise licence with us (an “Order”), that Order forms part of your agreement with us and prevails over these Terms where they conflict. Single-tenant and on-premise deployments are governed by the applicable Order.
2. Key definitions
- “Customer Content” means media, audio, transcripts, captions, subtitles, translations, audio description, metadata, files, records, and other material that you or your Authorized Users upload to, create in, or process through the Service.
- “Authorized Users” means your employees, contractors, freelancers, and guests whom you permit to access the Service under your account.
- “Credits” means the units consumed by billable jobs in the Service, as described on our Pricing page.
- “Output” means files and results generated by the Service from Customer Content, including automated transcripts, translations, shot-change markers, and converted caption files.
3. Accounts and eligibility
The Service is for business and professional use. You must be at least 18 years old and able to form a binding contract. You agree to provide accurate registration information and keep it up to date.
You are responsible for all activity under your account, including the actions of your Authorized Users and anyone using your API keys; for keeping credentials confidential; and for configuring roles, permissions, guest shares, and two-factor authentication appropriately. Notify us promptly at legal@closedcaptioncreator.com if you suspect unauthorized access.
4. Free trial
New organizations may be offered a 14-day trial with a limited allowance of credits, storage, and egress. Trials are provided for evaluation, “as is”, without any warranty or support commitment, and we may change or end a trial at any time. If you do not subscribe to a paid plan before the trial ends, your access will be limited and your Customer Content may be deleted as described in Section 14.
5. Plans, credits, and billing
Subscriptions. Self-serve plans are billed in advance on a monthly or yearly basis through our payment processor, Stripe. Your subscription renews automatically for successive periods of the same length at the then-current price until you cancel. By subscribing, you authorize us (through Stripe) to charge your payment method for all fees when due.
Credits. Included credits are granted each UTC calendar month, including on yearly plans, and expire two months after they are granted. Additional credit packs and auto-reload purchases are charged when bought or triggered. Credits have no cash value, are not transferable, are not redeemable for money, and expire as described on our Pricing page. Credit rates for each job type are published in the Service and may change on notice.
Usage and overages. Storage and egress beyond your plan’s allowance are billed at the rates shown on our Pricing page, generally in arrears.
Taxes. Fees exclude taxes. You are responsible for all applicable sales, use, goods and services, harmonized, value-added, and similar taxes, other than taxes on our income.
Price changes. We may change our prices by giving you at least 30 days’ notice. Changes take effect at the start of your next billing period.
Failed payments. If a payment fails, we may retry the charge, and if it remains unpaid we may suspend billable jobs or access to the Service until the balance is paid.
Cancellation and refunds. You may cancel at any time in your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then. Except where required by law or expressly stated in an Order, fees and credit purchases are non-refundable, and we do not provide refunds or credits for partial periods, unused credits, or downgrades.
Enterprise. Enterprise plans are sold under an Order. Unless the Order says otherwise, invoices are due within 30 days of the invoice date.
6. Customer Content
Ownership. As between you and us, you own your Customer Content and your Output. We do not claim ownership of either.
Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, transcode, analyze, convert, display, and otherwise process Customer Content only as needed to provide, secure, and support the Service, to follow your instructions (including delivering it to services you select), and to comply with law.
No training. We do not use Customer Content to train AI models.
Your responsibilities. You represent and warrant that you have, and will maintain, all rights, licences, and consents needed to upload and process Customer Content through the Service — including rights from copyright holders of the media you caption, subtitle, or translate, and any consents required from individuals whose voices, images, or personal information appear in it — and that your Customer Content and its processing will not violate any law or third-party right.
Personal information. Our handling of personal information is described in our Privacy Policy. Where we process personal information in Customer Content on your behalf, we act as your service provider/processor. A data processing agreement is available on request from privacy@closedcaptioncreator.com.
7. Automated features and accessibility compliance
The Service includes automated features — such as speech-to-text transcription, machine translation, shot-change detection, and automated quality checks — that rely on machine learning and third-party technology. Automated Output may be inaccurate, incomplete, or mistimed. You are responsible for reviewing and editing Output before you use, publish, or deliver it.
You are solely responsible for ensuring that captions, subtitles, audio description, and other deliverables meet the legal, regulatory, broadcaster, platform, and client requirements that apply to you (for example, FCC, CRTC, ADA, AODA, or WCAG requirements, and delivery specifications). The Service is a tool to support that work; it does not guarantee compliance.
8. Third-party services and integrations
The Service lets you connect third-party services, such as cloud storage, transcription, translation, text-to-speech, video platforms, and media asset management systems, including by supplying your own API keys. Your use of those services is governed by your agreements with their providers, and you are responsible for any fees they charge. When you direct the Service to send Customer Content to a third-party service, you authorize that transfer. We are not responsible for third-party services, their availability, or how they handle your data, and we may stop supporting an integration if a provider changes or discontinues its service.
9. Acceptable use
You will not, and will not permit anyone else to:
- use the Service in violation of any law or regulation, or to infringe, misappropriate, or violate anyone’s intellectual property, privacy, or other rights;
- upload or process content that is unlawful, that sexually exploits minors, or that promotes violence or terrorism;
- upload malware, or interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure;
- attempt to gain unauthorized access to the Service, other organizations’ data, or our systems, or bypass security, rate limits, usage limits, or credit metering;
- reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent that this restriction is prohibited by law;
- resell, sublicense, or provide the Service to third parties as a standalone offering, except as permitted in an Order (providing captioning and subtitling services to your own clients using the Service is permitted);
- access the Service to build a competing product, or copy its features, design, or documentation; or
- use automated means to access the Service other than through our published API and MCP server.
We may remove content or suspend access that we reasonably believe violates this section.
10. Our intellectual property
The Service, including its software, design, documentation, and all related intellectual property, is owned by Closed Caption Creator Inc. and its licensors. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription for your Authorized Users to access and use the Service for your internal business purposes. All rights not expressly granted are reserved. Closed Caption Unity, Closed Caption Creator, and Closed Caption Converter are trademarks of Closed Caption Creator Inc.
If you give us feedback or suggestions, we may use them without restriction or obligation to you.
11. Confidentiality
Each party may receive non-public information from the other that is marked confidential or should reasonably be understood to be confidential (“Confidential Information”). Customer Content is your Confidential Information. The receiving party will use the other party’s Confidential Information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors, and service providers who need to know it and are bound by similar obligations, or as required by law (with prompt notice where lawful). These obligations do not apply to information that is or becomes public through no fault of the recipient, was already known to it, is independently developed, or is lawfully received from a third party.
12. Availability, support, and changes
We work to keep the Service available and secure, but we do not guarantee that it will be uninterrupted or error-free. Scheduled maintenance, updates, and events outside our control may cause downtime. Any service-level commitment applies only if it is set out in an Order. Self-serve plans include standard self-serve support.
We continually improve the Service and may add, change, or remove features. If we remove a material feature of a paid plan, we will give reasonable notice. You are responsible for keeping your own copies of Customer Content you cannot afford to lose.
13. Suspension
We may suspend all or part of your access to the Service immediately if we reasonably believe that (a) you have breached Section 9 (Acceptable use), (b) your use poses a security risk or may harm the Service, us, or others, (c) payment is overdue, or (d) suspension is required by law. Where practical, we will give you notice and an opportunity to resolve the issue, and we will restore access once it is resolved.
14. Term, termination, and data export
These Terms apply for as long as you use the Service. You may stop using the Service and cancel your subscription at any time. We may terminate your account on written notice if you materially breach these Terms and do not cure the breach within 15 days, immediately for serious or repeated violations of Section 9, or on 30 days’ notice for any other reason (in which case we will refund any prepaid fees for the unused portion of your subscription).
When your subscription or trial ends, your right to use the Service ends. For 30 days afterward, you may request limited access to export your Customer Content. After that period we will delete Customer Content from our active systems, and backups will be overwritten on a rolling basis, as described in our Privacy Policy. Sections that by their nature should survive — including fees owed, Customer Content, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law — survive termination.
15. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN ORDER, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTY THAT THE SERVICE OR OUTPUT WILL MEET ANY LEGAL OR ACCESSIBILITY STANDARD.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (b) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.
These limits do not apply to your payment obligations, your obligations under Section 17 (Indemnification), or either party’s liability for breach of Section 9 (Acceptable use), fraud, or wilful misconduct, or to any liability that cannot be limited by law.
17. Indemnification
You will defend, indemnify, and hold harmless Closed Caption Creator Inc. and its directors, officers, employees, and agents from and against any third-party claims, and related damages, losses, costs, and reasonable legal fees, arising out of (a) your Customer Content, including any claim that it infringes or violates a third party’s rights, (b) your or your Authorized Users’ use of the Service in breach of these Terms or applicable law, or (c) Output that you publish or deliver. We will give you prompt notice of the claim, reasonable cooperation at your expense, and control of its defence and settlement, provided that you may not settle a claim that imposes obligations on us without our consent.
18. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before starting any legal proceeding, each party agrees to try in good faith to resolve the dispute informally by contacting the other (for us, at legal@closedcaptioncreator.com) and allowing at least 30 days for resolution. Subject to that, the courts located in the Province of Ontario have exclusive jurisdiction, and each party submits to them. Either party may seek urgent injunctive relief in any court of competent jurisdiction.
19. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will give at least 30 days’ notice by email or through the Service before it takes effect, unless the change is required by law or relates to a new feature, in which case it may take effect sooner. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not agree, you must stop using the Service and cancel your subscription.
20. General
- Entire agreement. These Terms, the Privacy Policy, and any Order are the entire agreement between us about the Service and replace any prior agreements on that subject. Terms in your purchase orders or other documents do not apply.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of all or substantially all of our business or assets.
- Force majeure. Neither party is liable for delays or failures (other than payment obligations) caused by events beyond its reasonable control, such as outages of internet or cloud providers, natural disasters, labour disputes, or government action.
- Export and sanctions. You will comply with all applicable export control and economic sanctions laws and will not use the Service in, or make it available to anyone in, a sanctioned country or on a restricted-party list.
- Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
- Severability and waiver. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.
- Notices. We may send notices to the email address associated with your account or through the Service. Legal notices to us must be sent to legal@closedcaptioncreator.com.
- Publicity. We will not use your name or logo to identify you as a customer without your permission.
- Language. The parties have required that these Terms and all related documents be drawn up in English. Les parties ont exigé que cette entente et tous les documents connexes soient rédigés en anglais.
21. Contact us
Questions about these Terms can be sent to:
Closed Caption Creator Inc.Cambridge, Ontario, Canada
legal@closedcaptioncreator.com