Terms of Use

These Terms of Use (“Terms”) govern your use of CaptureVana on iOS (iPhone and iPad) and Android, BabySmile on iPhone where described below, and the capturevana.com website (together, the “Services”). “We,” “us,” and “our” refer to the operator of capturevana.com. By downloading, installing, using an app, or browsing this site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

This page is plain language for consumers and app review. It is not legal advice. App downloads are also governed by Apple’s standard App Store terms (iOS apps) and Google Play’s terms (Android app). Where those store terms conflict with these Terms for in-app purchases or distribution, the store terms control for those subjects.

1. What these Terms cover

• CaptureVana for iOS — Apple App Store (iPhone and iPad): Steady Moment autocapture, keeper cards, Memory journaling, optional iCloud sync with Plus.
• CaptureVana for Android — Google Play (package com.capturevana.capturevana): the same product family as iOS, distributed for Android with store billing as shown in the listing.
• BabySmile for iPhone — separate smile-trigger camera app (bundle com.4kiq.BabySmile). No Memory journal or Steady Moment settling. Primary terms also live on 4kiq.com.
• capturevana.com — marketing and legal pages; no in-app purchases on the website itself.

CaptureVana and BabySmile are separate apps with separate Plus products. Owning Plus in one does not unlock the other.

2. What CaptureVana is

CaptureVana is a personal photography app. Its default Steady Moment path waits for device, scene, and sharpness to settle, then saves a still and can show an on-device why kept explanation and a Memory journal (Insights, List, Map). Optional people packs may use on-device face guidance for timing; the default preset does not require a face. Settling, keeper reasons, and journal drafting run on your device as described in the Privacy Policy.

CaptureVana is a consumer tool, not medical, mental-health, legal, or childcare advice. It is not a substitute for professional judgment about safety, consent, or privacy when photographing people. We do not guarantee perfect timing on every capture or error-free journal text.

3. What BabySmile is

BabySmile is an iPhone camera app that takes a photo when it detects a smile and open eyes. It does not include CaptureVana Memory, map, Steady Moment autocapture, or Android distribution. Smile and eye checks run on the device; photos save to your Photo Library. For BabySmile-specific terms, see https://4kiq.com/terms.

4. Eligibility

You must be able to form a binding contract in your jurisdiction (or have a parent or guardian’s consent where required). You must comply with the applicable store terms (Apple or Google) and with laws on photography, recording, and consent where you are. You are responsible for your Apple ID or Google account and for anyone who uses the apps on your device.

5. License

We grant you a personal, non-exclusive, non-transferable, revocable license to use each app on devices you own or control, as permitted by these Terms and by the applicable store license (including Apple’s Licensed Application End User License Agreement for iOS apps). You may not copy, modify, reverse engineer (except where law prohibits restricting that), redistribute, sublicense, or create derivative works except as the stores allow.

6. Acceptable use

You agree not to:

• Use the Services unlawfully or to violate others’ privacy, publicity, or intellectual property rights
• Interfere with app integrity, licensing, or purchase verification (StoreKit or Google Play Billing)
• Use the apps to harass, stalk, or photograph people without consent where consent is required
• Misrepresent affiliation with CaptureVana, BabySmile, or capturevana.com
• Scrape or abuse this website or support channels in a way that degrades service

7. Your photos and journals

Photos and journal text you create remain yours. We do not claim ownership of your Photo Library or gallery. We need only the rights implied to run processing on your device (settling, keeper reasons, drafts). If you email us media for support, you grant a limited license to use it solely to respond to your request.

8. Purchases and subscriptions

CaptureVana Plus (iOS)

Optional CaptureVana Plus on the App Store (product id com.capturevana.capturevana.plus) is a one-time, non-consumable in-app purchase processed by Apple. Prices vary by region. Payment, refunds, and Restore purchases are handled under Apple’s policies. Contact Apple for refund requests; contact support@capturevana.com for product help.

CaptureVana Plus (Android)

Optional CaptureVana Plus on Google Play is an auto-renewing subscription (monthly or yearly, as shown in the store). Payment and renewal are processed by Google. Subscriptions renew automatically unless you cancel in Google Play → Payments & subscriptions before the end of the current period. Use Restore in the app when you reinstall or change devices. Taxes and refunds follow Google’s policies.

BabySmile Plus (iPhone only)

Optional BabySmile Plus (com.4kiq.BabySmile.plus) is a one-time, non-consumable App Store purchase processed by Apple. It is not a subscription and is separate from CaptureVana Plus.

This website does not sell in-app products. Feature names and Plus scope are described in each app and store listing.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation, perfect autocapture timing, or that keeper copy matches every user expectation.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PHOTOS, LOST DATA, OR LOST PROFITS ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE RELEVANT APP OR PLUS IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) FIFTY UNITED STATES DOLLARS (USD $50), EXCEPT WHERE A HIGHER MINIMUM IS REQUIRED BY LAW.

11. Third-party services

The apps and this site may rely on Apple (App Store, StoreKit, CloudKit, Maps), Google (Play, billing, Maps, on-device ML), and email providers. Their terms and privacy practices apply to their services.

12. Changes

We may update these Terms or the apps. The “Last updated” date will change when we do. Material changes may be noted in the apps or on this site. Continued use after changes constitutes acceptance where permitted by law.

13. Contact

CaptureVana: support@capturevana.com · Support · Privacy
BabySmile: app@4kiq.com · 4kiq.com terms