Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website operated by Capturing Illumination LLC (“Capturing Illumination,” “we,” “us,” or “our”) at capturingillumination.com, and the products we publish. By accessing or using our services, you agree to be bound by these Terms.

Products covered. These Terms apply to: The 509 Loft, Once Upon Us, HomeBaseTV, MellowMiles, SkyWatch, ARIA, Harmonia, and any future product we publish under the Capturing Illumination brand.

Individual products may include supplemental terms specific to their features. Where a product's supplemental terms conflict with these Terms, the supplemental terms control for that product.

You must be at least 13 years old to use our services (or the minimum age required in your jurisdiction). If you are under 18, you may use our services only with the involvement of a parent or legal guardian.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly if you suspect unauthorized access.

You agree not to:

• Use our services in violation of any law or regulation.
• Attempt to reverse engineer, decompile, or otherwise derive source code from our products, except where such restriction is prohibited by law.
• Interfere with, disrupt, or attempt to gain unauthorized access to our services, servers, or networks.
• Upload malware, harmful code, or content designed to overload or impair our services.
• Use our services to harass, defame, or harm others, or to infringe intellectual property rights.
• Scrape, mirror, or systematically extract content from our services without written permission.
• Misrepresent your identity or affiliation with any person or entity.

You retain ownership of content you submit, post, or generate through our services (“User Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, and display your User Content solely to operate and improve the services.

You represent that you have all rights necessary to submit your User Content and that it does not infringe or violate the rights of any third party.

Some products are offered on a paid or subscription basis. Payment is processed by Apple, Google, or Stripe under their applicable terms. Subscriptions renew automatically unless canceled before the end of the current period, following the rules of the platform through which you subscribed.

Refunds are handled through the platform of purchase (App Store, Play Store, or Stripe) in accordance with their policies. Except where required by law, all payments are non-refundable once processed.

Our services, including all software, designs, text, graphics, and other content (excluding your User Content), are the property of Capturing Illumination LLC or our licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our services except for the limited license expressly granted.

Our services may link to or integrate with third-party services (such as Apple, Google, Supabase, Vercel, Railway, Stripe, HERE Maps, Sentry). We are not responsible for the availability, content, or practices of third-party services, and your use of them is governed by their own terms.

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Not professional advice. Certain products may surface information related to health, medicine, safety, driving, or emergencies. Nothing our products display is a substitute for professional medical, legal, mechanical, or safety advice. Always consult qualified professionals for critical decisions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTURING ILLUMINATION LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US $100.

You agree to defend, indemnify, and hold harmless Capturing Illumination LLC and its affiliates from any claims, liabilities, damages, losses, and expenses arising from your use of the services, your User Content, or your violation of these Terms or any law.

We may suspend or terminate your access to the services at any time if you violate these Terms or engage in conduct we reasonably believe is harmful to us, our users, or third parties. You may stop using the services at any time. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

These Terms are governed by the laws of the State of Washington, United States, without regard to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts located in Washington for any dispute arising from or related to these Terms or the services, except that either party may seek injunctive relief in any court of competent jurisdiction.

We may modify these Terms from time to time. If we make material changes, we will update the Effective date above and, when appropriate, notify you in-app or by email. Your continued use of the services after changes take effect constitutes acceptance of the updated Terms.

Questions about these Terms? Email legal@capturingillumination.com.