Terms and Conditions for Capybarum: Shadowing Mode

Last updated: 21 June 2025

1. Interpretation and Definitions

Interpretation
Words with initial capitals have the meanings set out below.
Unless the context requires otherwise, singular terms include the plural and vice‑versa.

Definitions

• Country – Ukraine.
• Capybarum (also: “the Company”, “we”, “us”, “our”) – sole‑proprietor Teryoshyn Anton Mykhailovych, acting under the trade name “T3 Development Ltd”, registered as a 3‑rd group FOP (Ukrainian individual entrepreneur).
• Device – any device that can access the Service (computer, smartphone, tablet).
• Service – the Capybarum mobile application, companion website, and any associated content/features.
• Terms – these Terms and Conditions, constituting the entire agreement between you and the Company.
• Third‑party Social‑Media Service – any services or content provided by a third party that may be displayed in or via the Service.
• User Account – an account created for you to access the Service.
• You / User – the individual accessing or using the Service, or the legal entity such individual represents.

2. Acknowledgment

Access to and use of the Service is conditioned on acceptance of, and compliance with, these Terms and our Privacy Policy. By accessing or using the Service you agree to be bound by them. If you disagree with any part, do not use the Service.

3. Free, Trial and Paid Subscriptions

Capybarum offers paid Premium subscriptions via Google Play and Apple App Store, as well as limited‑functionality Free access and occasional Trial periods. Current prices are shown in the respective store at the moment of purchase.

• Payment processing, renewals, cancellations and refunds are handled by Google Play or Apple App Store according to their terms.

Subscriptions renew automatically unless cancelled at least 24 h before the current period ends. Your store account settings allow you to manage or cancel the subscription at any time.

4. User Account

Creating an account requires:

1. Accepting these Terms.
2. Providing an email address or authenticating via Google / Apple.
3. Setting a password (unless single‑sign‑on is used).

We may suspend or terminate an account without notice if you breach these Terms. Upon termination, your right to use the Service ceases immediately.

5. Intellectual Property

All content in the Service – text, graphics, logos, audio, code and software – is owned by T3 Development Ltd or its licensors and protected by Ukrainian and international IP laws. You may not reproduce, modify, distribute, or sell any content without prior written consent.

6. User Conduct

You agree not to:

• Harass or threaten others.
• Upload unlawful, harmful, or otherwise objectionable content.
• Impersonate any person or entity.
• Use automated means (bots, scrapers) to access the Service.
• Reverse‑engineer, decompile, or disassemble any part of the Service.
• Engage in activity that could disable, overload, or impair the Service or interfere with others’ enjoyment.

7. Limitation of Liability

To the maximum extent permitted by law, Capybarum shall not be liable for indirect, incidental, special, or consequential damages arising out of your use of the Service. We make no warranties regarding accuracy, completeness, or reliability of the content.

8. Indemnification

You agree to indemnify and hold harmless T3 Development Ltd, its owners, employees and agents from any claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of your use of the Service or violation of these Terms.

9. Referral Program

Users with an active Premium subscription (“Partners”) may participate in Capybarum’s one‑level referral program (“Program”) and earn a commission on purchases made by the users they directly invite (“Referrals”).

9.1 Eligibility

• Partner must hold an active Premium subscription at the moment each commissionable payment is processed.
• Self‑referrals or duplicate accounts are prohibited.

9.2 Reward Structure

• Partner earns 10 % of the net amount (after taxes, store fees and refunds) actually received by the Company from each transaction completed by their Referrals.
• Commission is calculated in USD, using the store‑reported exchange rate applicable to the Referral’s payment at the time of the transaction.

9.3 Accrual and Visibility

• Earnings accrue automatically in the Company’s internal database.
• The current accrued balance is not displayed inside the mobile application. It is visible only on a secured web page accessible via a single‑use, tokenised URL generated by the server.

9.4 Payouts

• Payouts become eligible once the Partner’s accrued balance reaches USD 50.
• After reaching the threshold the Partner may initiate a payout request; funds are remitted in USD within 30 days through an external payment service (e.g., Stripe Connect, Wise). The payment provider, not the Company, collects and processes any required card or bank‑account information.

9.5 Non‑Expiration & Forfeiture

• Accrued balances do not expire.
• Balances are forfeited if (a) the Partner’s account is terminated for breach of these Terms, or (b) the account is deleted after 12 months of continuous inactivity.

9.6 Taxes

Partner is solely responsible for reporting and paying all taxes and charges associated with referral income under applicable law.

9.7 Fraud & Abuse

The Company may withhold, cancel or claw back commissions and suspend the Partner’s account in cases of fraud, chargeback abuse, self‑referral, or any manipulation of the Program.

9.8 Program Changes

The Company may modify or discontinue the Program with 7 days’ notice via email or in‑app notification. Commissions accrued prior to the effective date remain payable.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of Ukraine. Any dispute shall be submitted to the competent courts of Ukraine, unless a mandatory provision of applicable consumer law provides otherwise. We encourage you to contact us first to seek an amicable solution.

11. Changes to Terms

We may update these Terms from time to time. If changes are material we will provide at least 7 days’ notice via in‑app banner or email. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

12. Contact

Questions about these Terms? Email: [email protected]