Capybaba AI Search Terms of Use (Europe, Americas & Latin America)
Effective date: March 24, 2026
We are Kosmos Mind Technology S.A. (“we,” “us,” or “our”). This Terms of Use (“Agreement”) reflects how Capybaba AI Search operates, the laws that apply, and principles we stand by. It defines the relationship between Kosmos Mind Technology S.A. and you when you use our services. In this Agreement, “Capybaba AI Search Service,” “our Service,” or “the Service” means the personalized digital discovery and retrieval service provided by Kosmos Mind Technology S.A. for finding and accessing film and television content, including all features and functionality, recommendations, our websites and user interfaces, and all related content and software.
Please read this Agreement carefully. If you do not understand or do not accept any part of it, do not use the Service. By using the Service, you agree to these terms and to supplemental terms such as the Privacy Policy (together, “Terms”). These Terms are the entire agreement between you and us.
To the extent permitted by applicable law, you agree to the binding arbitration provisions in Section 3 and to the class action and jury trial waivers.
1. Services
1.1 Service description
Capybaba AI Search is a search and discovery platform for film and television information. It helps users find information about movies, TV series, and related audiovisual works that are publicly available on the Internet. The Service may include, without limitation: search for such works, metadata, descriptions, cast, release information, and links to third-party websites (hosted by third parties).
Note: The Service is for end-user use only; unauthorized commercial use is not allowed. Search results are generated automatically and are for information only. We do not endorse third-party sites or content.
1.2 Age requirements
You must be at least 18 to use the Service. If a parent or legal guardian enables the Service, children of any age may use it as permitted by them. If you are a minor where you live, you represent that your parent or guardian has permitted your use. Please review this Agreement with them.
If you are a parent or guardian and you allow a child to use the Service, you agree to this Agreement and are responsible for the child’s activity on the Service.
Some features may have additional age rules as described in any additional terms for those features.
1.3 Developing, improving, and updating the Service
We may change or improve the Service over time. We may modify or discontinue features, add or remove functionality, offer new content or services, or stop older ones. We may also change or stop all or part of the Service for performance or security, to comply with law, or to address misuse. Changes may affect all or some users.If the Service includes downloadable software (such as an app), it may update automatically when new versions are available, depending on your device settings. If we make a material adverse change, we will give reasonable advance notice unless an emergency requires otherwise (for example, abuse, legal process, or safety).
1.4 Use restrictions
You agree to use the Service and all related features in compliance with applicable law and any other restrictions that apply. If you breach these Terms or use the Service unlawfully or fraudulently, we may suspend or terminate your access.
You must not misuse, harm, interfere with, or disrupt the Service or our systems (or assist others to do so), including without limitation:
i. Gaining or attempting unauthorized access to the Service or our servers, systems, networks, or data;
ii. Posting content that is harmful to minors, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable;
iii. Violating any applicable law or regulation;
iv. Impersonating any person or entity, or falsifying headers or identifiers to disguise the origin of content;
v. Posting content you have no right to post or that infringes any patent, trademark, trade secret, copyright, or other proprietary right;
vi. Distributing ads or commercial solicitations without our prior written consent;
vii. Introducing viruses or other code intended to disrupt the Service or other users, including ad-blocking technology used for that purpose;
viii. Interfering with the Service or servers or networks connected to the Service;
ix. Using bots, scrapers, crawlers, or similar automated means to access or collect data from the Service without our express prior consent;
x. Using any materials or data to build databases, archives, apps, feeds, widgets, or similar aggregations that compete with or materially substitute for our Service or our data providers’ offerings;
xi. Using search results to unlawfully access, download, or distribute copyrighted audiovisual content.
1.5 Reservation of rights
Platform software, databases, and design are ours. Using the Service does not give you ownership of intellectual property in the Service or content you see. You may not use our brands or logos without written permission. You may not remove or alter legal notices. Except with our express written permission, you may not copy, modify, rent, lease, sell, trade, distribute, broadcast, publicly perform, create derivative works from, or commercially exploit any part of the Service (including content, ads, APIs, and software).
1.6 Communications about the Service
We may send notices (including changes to these Terms) by email, mail, SMS/MMS, push or in-app messages, posts on the Service, telephone, or other reasonable means. You consent to receive notices in those ways.If you access the Service without authorization, you may not receive notices and will still be deemed to have received notices that would have been given to an authorized user.
If you give us feedback, we may use it without owing you any obligation.
1.7 Fees
We may charge fees for use of or access to the Service (and related support), even if the Service is currently free. If we do, our payment terms apply and we will notify you in advance.
1.8 Different versions
Features may differ by version or region. Some features may not work if another user uses a different version or third-party software.
1.9 Third-party content
The Service may show content we do not own or control. That content is the provider’s responsibility. We are not responsible for third parties you interact with through the Service. You may encounter offensive or objectionable content; it does not reflect our views.
1.10 Intellectual property
IP in our Service itself belongs to us.IP in third-party sites or domains linked in results is not ours. If you believe a domain or result infringes your rights, contact us as described below.
If you are a copyright owner or authorized to act for one, and you believe results link to infringing material, send a written notice to us and our designated copyright agent. The notice must include at least:
i. Identification of the copyrighted work;
ii. The specific URL(s) to be removed or disabled;
iii. Your contact information (address, phone, email);
iv. A statement of good faith that the use is not authorized;
v. A statement under penalty of perjury that the information is accurate and you are authorized to act.
Our designated copyright agent: info@capybaba.io.
We will handle notices within a reasonable time and may remove or disable links to allegedly infringing material where appropriate.
2. Legal responsibility
2.1 Disclaimer
We provide search, links to third-party sites or content, and related features. We do not store, host, control, or edit third-party content and are not responsible for its legality, accuracy, or availability. You access third-party sites or content at your own risk and under their terms and policies.
The Service and all related software and features are provided “as is” and “as available,” with all faults and without warranties of any kind. We do not warrant uninterrupted or error-free operation. We disclaim responsibility for your use of any application, device, or website, including ongoing compatibility with the Service.
Third-party ads or commercial content may appear on the Service. We do not endorse advertised products or services and are not responsible for them. Your dealings with advertisers are solely your choice and risk.
You are responsible for keeping devices used to install our apps secure and compatible. We are not liable for damage, data loss, or issues from unauthorized modification of apps or installs from unofficial sources.
Nothing in this Agreement limits non-waivable warranties or consumer rights under mandatory law where you live.
2.2 Limitation of liability
To the fullest extent permitted by law, we are not liable for:
i. Any indirect, special, incidental, consequential, exemplary, multiplied, or punitive damages related to these Terms or your use of the Service;
ii. Any lost profits, revenue, opportunities, or diminution in value (including alleged loss of personal data or value), or any other damages (“Losses”), including Losses related to: (a) deletion, alteration, failed transmission, or failed storage of Service data; (b) restriction, suspension, or termination of your account; (c) your downloading or sharing information through the Service; (d) unauthorized access to your account or Service data; (e) third-party sites or resources linked from the Service; (f) transactions with advertisers on or through the Service; or (g) goods or services sold by advertisers;
iii. Harm caused by third parties, their wrongful or unlawful conduct, or force majeure. These limits apply even if we were told such damages were possible.
Our total liability under this Agreement is limited to the greater of:
(i) USD 200 (or equivalent local currency); or
(ii) what you paid us for the relevant Service in the twelve months before the claim arose.
To the extent permitted by law, neither we nor our affiliates nor our shareholders, directors, officers, employees, or licensors are liable for personal injury or for special, incidental, indirect, or consequential damages, or any other damages, whether aggregated or separate.
2.3 Business users and organizations
If you use the Service as a business or organization, you agree, to the extent permitted by law, to indemnify and hold harmless us and our directors, officers, employees, and contractors against third-party claims (including government actions) arising from your unlawful use of the Service or breach of this Agreement or additional service terms, including claims, losses, damages, judgments, penalties, fees, and reasonable attorneys’ fees.
2.4 If something goes wrong
Suspension or termination: Without limiting other remedies, we may suspend or terminate your access if:
i. You materially or repeatedly breach these Terms, any service-specific additional terms, or our policies;
ii. We must do so to comply with law or a court or authority order;
iii. Your conduct harms or creates liability for users, third parties, or us (including hacking, phishing, harassment, spam, deception, or copying others’ content).
Where reasonable, we will notify you in advance and give you a chance to fix the issue, unless notice would:
i. harm users, third parties, or us or create liability;
ii. violate law or official orders;
iii. interfere with an investigation; or
iv. threaten the Service’s operation, integrity, or security.
3. Dispute resolution
3.1 Governing law
This Agreement is governed by the laws of Hong Kong, without regard to conflict-of-law rules.If mandatory law where you live requires otherwise, the law of your habitual residence may govern specific rights or obligations to the extent required.
3.2 Arbitration
Where permitted by law, disputes related to your use of the app or Service should first be negotiated in good faith. If not resolved within thirty (30) days after a party gives written notice, the dispute shall be finally settled by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under its rules in force at the time. The seat of arbitration is Hong Kong. The tribunal shall be formed as those rules provide. The arbitration language shall be Mandarin Chinese. If mandatory consumer protection law where you live requires disputes to be heard in your local courts or forbids this arbitration agreement, those requirements apply instead. Nothing limits your right to seek interim or protective relief where available.
If you are a consumer in the EU, after contacting us in writing you may also refer a dispute to the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr/. The Commission may forward your case to a competent notified dispute-resolution body.
3.3 Time limit to bring claims
Where permitted by law, any claim arising from the Service must be brought within one (1) year after the claim accrues, or it is permanently barred.
3.4 Class action waiver
Where permitted by law, you and we may each bring claims only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding. Unless we agree otherwise, no court or arbitrator may consolidate more than one person’s claims with yours or preside over any class or representative action.
4. Other terms
4.1 Severability
If any part of this Agreement is held invalid or unenforceable, that part will be limited or removed to the minimum extent needed and replaced with a valid provision that reflects the parties’ intent, and the rest remains in effect.
4.2 Assignment
We may assign this Agreement to an affiliate or to a successor that acquires substantially all of our business or assets related to the Service.
4.3 General
You may have statutory rights that cannot be waived by contract. This Agreement does not limit those rights.
This Agreement does not give third parties any enforcement rights, even if they benefit from our relationship with you.
If additional terms for a specific feature conflict with this Agreement, the additional terms govern that feature.
Our failure to enforce a provision immediately does not waive our right to enforce it later.
Translations are provided for convenience. If there is a conflict between the English version and another language, the English version controls unless local mandatory law forbids that.
4.4 Data protection and privacy
We collect, store, and process personal information as described in our Privacy Policy and as required by law. Please read the Privacy Policy for details.
We may also collect information about how you use the app to analyze and improve our products; we will do so under the Privacy Policy and applicable law.
4.5 Force majeure
The Service or parts of it may become unavailable because of events beyond our reasonable control. We will try to notify you when practicable but are not liable for those events, including without limitation:
i. Power outages or server failures;
ii. Failures or conduct of third parties (for example, network providers);
iii. War, riot, strike, or civil unrest;
iv. Government action, legal change, or regulatory restriction;
v. Any other cause outside our reasonable control.
4.6 California, USA
Under California Civil Code § 1789.3, California residents may contact Kosmos Mind Technology S.A., Calle 60 E 16, San Francisco, Ciudad de Panamá, Panama; phone +1 408 569 2475. The Complaints Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
Under the CCPA and CPRA, California consumers have rights relating to personal information, including access, deletion, and correction. See our Privacy Policy and related notices.
4.7 European Union
Statement (hosting / caching): As an information-society service provider:
i. We do not initiate transmissions, select recipients, or select or alter the content of transmissions;
ii. Any automatic, intermediate, or temporary storage is solely to complete or make more efficient or secure the transmission, and only for a reasonable time;
iii. We do not alter stored content where applicable; storage follows lawful access rules and industry-accepted updating practices and does not interfere with lawful technical access to information. If we learn content has been removed or disabled at source, we act promptly to remove or disable our stored copy;
iv. For content stored at a user’s request where applicable, we do not actively monitor it unless the law requires otherwise, and we do not have actual knowledge of unlawful activity or content until we become aware; when we do, we act promptly to remove or disable access;
v. This does not limit authorities’ powers under applicable law.
Service safeguards: To keep the Service lawful, safe, and reliable, we may take measures including:
i. Using algorithms to reduce visibility of adult-oriented results (including for users identified as minors) and of results that appear to concern illegal content;
ii. Removing or delisting references to honor EU privacy rights such as the “right to be forgotten” where applicable;
iii. Inserting warnings or authority contact information in certain results to reduce exposure to illegal or harmful content;
iv. Human review of query suggestions to block prohibited terms or phrases and to limit unsafe autocomplete;
v. Referring reports about illegal search activity to vendors that help operate generic or advertising search features;
vi. Complying with orders from EU member-state authorities to remove illegal content.
DSA complaints: EU users affected by measures under this Section 4.7 may contact us about questions or complaints under the Digital Services Act (“DSA”). Include:
i. Country of residence;
ii. Your name and email;
iii. A description of the issue and any notices you received.
We will respond with intended steps where appropriate. We may decline to respond if information is insufficient or you do not reply to reasonable follow-up questions. Our team handles complaints fairly and in line with applicable law and these Terms.
EU contact points: For DSA-related matters:
i. Representatives of EU member states, the European Commission, or the European Board for Digital Services may email info@capybaba.io. We prefer English for regulatory correspondence.
ii. EU users may email info@capybaba.io for questions, concerns, or complaints.
How ranking works:: Results and recommendations are ordered using multiple signals, including:
i. Main ranking parameters: To provide the most useful information, search algorithms consider many factors and signals, including your query (keywords entered in the search box), page relevance (whether content includes the same keywords as the search query), usability (making it easier for users to access when other conditions are substantially the same), source expertise (content that demonstrates professionalism, authority, and trustworthiness), and your location and settings (using your location, past searches, and search settings to determine what is most relevant to you now). Each factor’s weight depends on the nature of the query;
ii. Ranking adjustment and notice: If we adjust how a website or content is ranked due to third-party complaints or other reasons, you may review the relevant notice to understand the reason for the adjustment.