The Capo terms of service.

Welcome to Capo. These Terms of Service (“Terms”) are a binding agreement between you (“you”) and Elyra Labs LLC (“Elyra Labs,” “we,” “us,” or “our”), and govern your use of the Capo browser extension, the Capo web player at www.capotune.com, and any related websites, features, and services we provide (together, the “Service”).

By installing, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not install or use the Service.

1. Who we are

Elyra Labs LLC is a company organized under the laws of the State of Oregon, United States. You can reach us at support@elyralabs.org.

2. What Capo does

Capo is a browser extension and companion web player that let you adjust the playback of audio and video you choose to play in your browser — shifting pitch and key, changing speed, adjusting volume, and looping a passage. Capo applies these effects locally, in your own browser, to media that is already playing on a page you have open.

Capo does not download, copy, store, redistribute, or host any audio, video, or other media. It changes how playback sounds on your device in real time, and nothing more.

3. Eligibility

You may use the Service only if you can form a binding contract with Elyra Labs and are not barred from doing so under applicable law. If you are under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements.

4. License to use Capo

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Service for your own lawful, personal or internal business use. We reserve all rights not expressly granted.

5. Acceptable use

You agree not to, attempt to, or permit anyone else to:

• use the Service to infringe, or to enable others to infringe, any copyright, trademark, contract, or other right of any party, including the terms of service of any website or platform on which media plays;
• circumvent, disable, or interfere with security, access-control, digital-rights-management, geo-restriction, or paywall measures of any website, platform, or content;
• use the Service to capture, record, download, rip, redistribute, or create derivative copies of any media (Capo provides no such feature, and you may not build one on top of it);
• reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except to the limited extent applicable law expressly permits despite this restriction;
• copy, modify, distribute, sell, sublicense, or create derivative works of the Service, except as permitted by its open-source license, if any (see Section 8);
• use the Service in any way that violates applicable law or these Terms, or that could damage, disable, overburden, or impair the Service or any third party’s systems.

You are solely responsible for your conduct and for ensuring that your use of the Service — including the websites you visit and the media you play through it — complies with all applicable laws and with the terms of the platforms and rightsholders involved.

6. Third-party content, websites, and rightsholders

The Service operates on top of websites, platforms, and media that we do not own or control (for example YouTube, Spotify, SoundCloud, and Bandcamp, and any other site where you play media). We are not affiliated with, endorsed by, or sponsored by any of them, and their names and marks belong to their respective owners.

Your use of those websites and of the media you play remains governed by their own terms of service and by the rights of the relevant rightsholders. Adjusting playback with Capo does not grant you any rights in the underlying media. You are responsible for ensuring you have the right to play and modify the media you use Capo with.

We are not responsible for the availability, accuracy, content, or practices of any third-party website, platform, or service, and these Terms do not modify any agreement you have with them.

7. The web player and local files

The Capo web player at www.capotune.com/player lets you open and adjust media files from your own device. Files you open in the web player are processed locally in your browser; we do not upload, store, or transmit their contents. You are responsible for having the rights to any file you open.

8. Intellectual property

The Service, including its software, design, text, graphics, and the Capo name and logo, is owned by Elyra Labs or its licensors and is protected by intellectual-property laws. Except for the license in Section 4, these Terms grant you no rights in our intellectual property.

Portions of the Service may be made available under one or more open-source licenses; where that is the case, the applicable open-source license governs your use of those portions and, to the extent of any conflict, takes precedence over these Terms for that code. Third-party audio-processing components bundled with the Service remain subject to their own licenses.

9. Privacy and diagnostics

Your privacy matters. Capo stores your settings and per-track preferences locally in your browser and, where you have it enabled, in your browser’s synced storage. Capo sends limited, anonymous diagnostic data only with your consent, and never includes full page URLs (domain names only). How we handle data — including how to opt out — is described in our Privacy Policy. By using the Service, you agree to the data practices described there.

10. Distribution through app stores

You may install Capo through the Chrome Web Store. Your use of that store is also subject to its own terms, and the store is not a party to these Terms and has no obligation to provide support for the Service. We remain responsible for the Service itself as set out in these Terms.

11. Changes to the Service

We are continually improving Capo. We may add, change, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as required by law.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH ANY PARTICULAR WEBSITE, BROWSER, OR DEVICE.

You use the Service at your own discretion and risk. No advice or information obtained from us creates any warranty not expressly stated in these Terms.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELYRA LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnification

You agree to indemnify and hold harmless Elyra Labs and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party — including any rightsholder or platform whose media or website you use the Service with.

15. Termination

These Terms apply while you use the Service. You may stop using and uninstall the Service at any time. We may suspend or terminate your access to the Service at any time if you violate these Terms or if we reasonably believe it is necessary to protect the Service, other users, or third parties. Sections that by their nature should survive termination — including Sections 5, 6, 8, 12, 13, 14, 16, and 17 — will survive.

16. Governing law and disputes

These Terms are governed by the laws of the State of Oregon, United States, without regard to its conflict-of-laws rules, and by applicable United States federal law. Subject to any mandatory consumer-protection law of your place of residence, you and Elyra Labs agree that the state and federal courts located in Oregon will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction there.

17. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide reasonable notice (for example, within the Service or on our website). Your continued use of the Service after changes take effect means you accept the revised Terms. If you do not agree, stop using and uninstall the Service.

18. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Elyra Labs regarding the Service, and supersede any prior agreements on that subject.
• Severability. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Relationship of the parties. Nothing in these Terms creates any partnership, agency, or employment relationship between you and us.
• Contact. Questions about these Terms? Email us at support@elyralabs.org.