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Privacy Policy

Last Updated: 03 June 2025

Welcome to hcap.ai (the "Service"). This Privacy Policy describes how the individual founders and operators of hcap.ai (collectively "we," "us," or "our") collect, use, process, and share your personal information and Content when you access or use our Service, including our website (https://hcap.ai), APIs, models, and any associated software or documentation.

This Privacy Policy is incorporated by reference into our Terms of Service ("Terms"). By creating an account, accessing, or using our Service, you agree to the collection and use of information in accordance with this policy and our Terms. If you do not agree with the terms of this Privacy Policy or our Terms of Service, you may not access or use our Service.

1. Definitions

Terms defined in our Terms of Service (e.g., "API Key," "Content," "Input," "Output," "User") have the same meaning in this Privacy Policy.

  • "Personal Information": Information that identifies you as an individual or relates to an identifiable individual. This may include, but is not limited to, your email address, IP address, payment information, and usage data, as further detailed below.

2. Information We Collect

We collect information in the following ways:

  • a. Information You Provide to Us:
    • Account Information: When you register for an account, we collect information such as your email address and account credentials (e.g., password, which is stored in a hashed format). We also generate and associate an API Key with your account.
    • Payment Information: For users subscribing to paid Tiers, we collect information necessary to process your payment, such as your billing address. However, your full payment card details are typically collected and processed directly by our third-party payment processor(s) (e.g., Stripe, PayPal). We may receive transaction confirmations or partial payment information from the processor.
    • Input: We collect the Content (text, images, or other data) you provide as Input to our Service to generate Output.
    • Communications: If you contact us directly (e.g., via email, Discord, or through our website), we may receive additional information about you such as your name, email address, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
    • Feedback: We collect any feedback, suggestions, or ideas you provide regarding our Service.
  • b. Information We Collect Automatically When You Use the Service:
    • Usage Data: We automatically collect information about your use of the Service, such as the features you use, the Tiers you subscribe to, the volume of Tokens and Images you consume, API calls made, timestamps, and the frequency and duration of your activities.
    • Log and Device Information: We collect log files and device information when you access our Service, including your IP address, browser type, operating system, device identifiers, referring/exit pages, and date/time stamps.
    • Cookies and Similar Technologies: We may use cookies, web beacons, and similar tracking technologies to collect information about your interaction with our Service, to remember your preferences, and for security purposes. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

3. How We Use Your Information

We use the information we collect for various purposes, including:

  • To Provide, Operate, and Maintain Our Service:
    • Process your Input to generate Output.
    • Manage your account and API Keys.
    • Process payments for subscribed Tiers.
    • Authenticate users and ensure the security of our Service.
  • To Improve, Personalize, and Develop Our Service:
    • Understand and analyze how you use our Service to improve functionality and user experience.
    • Develop new products, services, features, and functionalities.
    • As outlined in our Terms (Section 7), we may use your Input and Output to improve and develop our Service, including training our models. When we use your Content for such purposes, we will take steps to de-identify it to the extent reasonably possible. You will have the option to opt-out of having your Content used for model training if such an option is made available and communicated to you.
  • To Communicate With You:
    • Send you emails regarding your account, service updates, technical notices, security alerts, and administrative messages.
    • Respond to your comments, questions, and requests, and provide customer support.
    • With your consent, send you marketing and promotional communications. You may opt-out of receiving these communications at any time.
  • For Compliance, Fraud Prevention, and Safety:
    • Enforce our Terms of Service and other policies.
    • Protect the rights, property, or safety of hcap.ai, our users, or others.
    • Comply with legal obligations, court orders, or other lawful requests from public authorities.
    • Detect, prevent, and address fraud, security, or technical issues.

4. How We Share Your Information

We do not sell your Personal Information. We may share your information in the following circumstances:

  • With Service Providers: We may share your information with third-party vendors, consultants, and other service providers who perform services on our behalf, such as payment processing, data hosting, analytics, customer service, and email delivery. These service providers are authorized to use your Personal Information only as necessary to provide these services to us and are obligated to protect your information.
  • For Model Improvement: As stated in Section 3 and our Terms, we may use your Input and Output to improve and develop our Service, including training our models. If this involves sharing data with technology partners assisting in model development, we will ensure they are bound by confidentiality and data protection obligations. We will prioritize de-identified data for these purposes wherever feasible.
  • For Legal Reasons: We may disclose your information if we believe it's required by applicable law, regulation, legal process, or governmental request; to enforce our Terms of Service, including investigation of potential violations; to detect, prevent, or otherwise address fraud, security, or technical issues; or to protect against harm to the rights, property, or safety of hcap.ai, our users, or the public as required or permitted by law.
  • Business Transfers: If hcap.ai is involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
  • Aggregated or De-identified Data: We may share aggregated or de-identified information that cannot reasonably be used to identify you for various purposes, including research, analysis, and reporting.
  • With Your Consent: We may share your information for other purposes with your explicit consent.

5. Your Content (Input and Output)

You retain all rights to your Input as described in our Terms. We use your Input solely to provide the Service (i.e., generate Output) and, as described above and in our Terms, to improve our Service.

  • Confidentiality of Input and Output: We treat your Input and the resulting Output as your confidential information, subject to the uses outlined in this Privacy Policy and our Terms (e.g., for model improvement with de-identification efforts, or if required by law). We do not allow other users to see your Input or Output unless you choose to share it.
  • Data Storage and Access: Access to your Input and Output by our personnel is limited to what is necessary to provide the Service, for support, or as required by law. We implement technical and administrative controls to protect your Content.

6. Data Retention

We will retain your Personal Information and Content for as long as your account is active or as needed to provide you with the Service and fulfill the purposes outlined in this Privacy Policy. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, improve our Service (in de-identified form where appropriate), and enforce our agreements.

Specifically:

  • Account Information: Retained as long as your account is active and for a reasonable period thereafter in case you decide to re-activate the Service or for legal/auditing purposes.
  • Input and Output:
    • Input provided to the models and Output generated may be temporarily stored to provide the Service to you.
    • For model improvement purposes, de-identified versions of Input and Output may be retained for longer periods. You may have an option to opt-out of this use as described in Section 3.
  • Usage Data and Logs: Retained for a period necessary for security, analysis, and service improvement.

If you wish to delete your account or request that we no longer use your information to provide you the Service, please contact us at the details provided below.

7. Data Security

We take reasonable administrative, technical, and physical measures to protect your Personal Information and Content from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. These measures include encryption, access controls, and secure development practices.

However, no Internet or email transmission is ever fully secure or error-free, and no security system is impenetrable. We cannot guarantee the absolute security of your information. You are responsible for safeguarding your API Key and account credentials.

8. Your Data Rights and Choices

Depending on your location and applicable data protection laws (e.g., GDPR, CCPA), you may have certain rights regarding your Personal Information, including:

  • Right to Access: You may have the right to request access to the Personal Information we hold about you.
  • Right to Rectification: You may have the right to request correction of inaccurate Personal Information.
  • Right to Erasure (Deletion): You may have the right to request the deletion of your Personal Information, subject to certain exceptions.
  • Right to Restrict Processing: You may have the right to request that we restrict the processing of your Personal Information.
  • Right to Data Portability: You may have the right to receive your Personal Information in a structured, commonly used, and machine-readable format.
  • Right to Object: You may have the right to object to our processing of your Personal Information, including for direct marketing purposes or for model improvement (as applicable).
  • Right to Withdraw Consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time.

To exercise these rights, please contact us using the contact details provided below. We may need to verify your identity before processing your request. If you have an account, you may also be able to review and update some of your Personal Information through your account settings.

Opt-out of Model Improvement: As mentioned, if an option to opt-out of having your Content used for model training becomes available, we will provide instructions on how to exercise this choice.

9. International Data Transfers

Your information, including Personal Information and Content, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.

If you are located in the European Economic Area (EEA), UK, or Switzerland, we will ensure that transfers of Personal Information to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR (or equivalent provisions).

By using our Service, you consent to the transfer of your information to countries outside your country of residence, including the [Specify primary country of operation/data storage, e.g., United States], which may have different data protection rules than in your country.

10. Children's Privacy

Our Service is not directed to individuals under the age of 13 (or a higher age threshold depending on applicable law, e.g., 16 in the EEA). We do not knowingly collect Personal Information from children. If we become aware that we have collected Personal Information from a child without verification of parental consent, we will take steps to remove that information from our servers. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us.

11. Links to Other Websites and Third-Party Services

Our Service may contain links to other websites or services that are not operated by us. If you click on a third-party link, you will be directed to that third party's site or service. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. This includes third-party payment processors, whose privacy policies will govern their collection and use of your payment information.

12. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top of this Privacy Policy. If the changes are material, we will make reasonable efforts to provide a more prominent notice (e.g., by sending an email to the address associated with your account or by posting a notice on our website) prior to the change becoming effective.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Your continued use of the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

13. Contact Us

If you have any questions about this Privacy Policy, your data rights, or our data practices, please contact us: