Capsule terms of use

This English text is provided for convenience. Capsule is published from France and the French version is the only binding one. Where the two differ, the French version prevails.

These terms of use (the "Terms") govern access to and use of the Capsule mobile app. By downloading, installing or using Capsule, you accept these Terms in full. If you do not accept them, do not use the app.

1. App publisher

Publisher: APPLI MAGINE, a French simplified joint-stock company (SAS) with share capital of 100 €
Registered office: 5 Jardin Jean de Ockeghem, 37000 Tours, France
Registration: SIREN 948 141 593, SIRET 948 141 593 00012, Tours Trade Register
VAT number: FR89 948 141 593
Publication director: Anatole COUASNON, president
Phone: +33 7 85 56 69 19
Email: contact@capsule-party.com

Hosting provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Phone: +353 1 543 1000.

2. Purpose and description of the service

Capsule is an entertainment app offering a collection of mini-games to play with friends, in the same room, around a single phone. It includes:

guessing and vocabulary games (Forbidden Words, Guess in X Words);
charades games, solo or in teams (Charades, Puppet Charades, Directed Charades);
a guessing game with the phone held against the forehead, using motion sensors;
music games (Hum the Song, Sing the Song, Blind Test);
discussion and bluffing games (Debates, Spicy Questions, The Imposter);
a drawing and guessing game;
a multi-device game, "Whose Photo Is This?", which uses photos selected by the players and a session identified by a game code.

With the exception of "Whose Photo Is This?", every game runs offline on a single phone that players pass around. "Whose Photo Is This?" is the only game that requires a connection and the only one that sends data through our servers.

The game catalogue, content and features may evolve, be extended or be withdrawn at any time, without any right to compensation.

3. Access to the app

Capsule is distributed free of charge on the App Store and Google Play. As of the date of these Terms it contains no subscription, no in-app purchase and no advertising. Should a paid model be introduced, these Terms would be amended and you would be informed before it takes effect, in accordance with article 17.

The app requires no account creation. An internet connection is needed only for the "Whose Photo Is This?" mini-game; the other games work offline. Connection, device and data costs remain yours.

4. Progressive unlocking of certain games

Some mini-games are not available immediately: they unlock for all users when the app reaches a collective download milestone. Unlocking depends neither on posting a review, nor on a rating given to the app, nor on any individual action by any particular user. This mechanism is purely playful and subject to change; it constitutes neither an acquired right nor an owed service, and APPLI MAGINE may modify or remove it at any time.

5. Minimum age and adult content

A clearly identified adult category

Some mini-games, notably "Spicy Questions", along with certain word themes in other games, fall into an adult category flagged inside the app. This content stays moderate: it involves innuendo and a suggestive tone aimed at an informed audience, with nothing explicit, shocking or pornographic.

By entering that category you confirm that you meet the age required by the app's rating on your app store, and you ensure that nobody below that age takes part in the game. Every other game in the catalogue is open to all.

Capsule contains no encouragement to drink alcohol, no drinking-game rule and no reference promoting such consumption. If players choose to divert the game to that end, it is their own initiative and their own responsibility, outside any use the app provides for.

6. Conduct between players

Capsule is played between people who are present and consenting. You undertake to:

choose respectful first names or nicknames, free of insulting, hateful, discriminatory or sexual wording;
not use the app to harass, humiliate, intimidate or expose anyone;
respect a player's refusal to answer a question, perform an action or share a photo, since the ability to pass is part of the rules;
respect the privacy of people present and of people absent.

7. Content shared by users

The "Whose Photo Is This?" mini-game is the only one in the app that transmits content you provide. The drawing game, like every other game, runs entirely on a single phone: the drawing is shown only to the people around that device, it is never uploaded to our servers and never sent to another device. This section therefore concerns only the photos in the photo mini-game, for which you are entirely responsible.

By sharing a photo, you warrant that:

you hold the necessary rights to the image;
the people it shows have consented to it being displayed to the other players;
it contains nothing unlawful, violent, hateful or sexual, and no depiction of a minor in an inappropriate context;
it infringes nobody's privacy, image rights or dignity.

Reporting illegal content (EU Digital Services Act)

We carry out no prior moderation of photos, which are visible only to the participants in the same game and are deleted from our servers in under an hour.

In accordance with article 16 of Regulation (EU) 2022/2065 (the "DSA"), any person or entity may report content they consider illegal, by email to contact@capsule-party.com. To be handled, a report must contain:

a reasoned explanation of why the content is considered illegal;
its precise location: game code, session identifier, timestamp, and a description of the content;
the name and email address of the reporting party, except where the report concerns child sexual abuse offences, in which case it may be anonymous;
a statement confirming the good faith and accuracy of the information provided.

We acknowledge receipt without delay, handle the report in a diligent, non-arbitrary and objective manner, and notify the reporting party of our reasoned decision along with the available redress options: a complaint to us, recourse to a certified out-of-court dispute settlement body, or legal action. We may remove the content, end the session and block its author's access to the mini-game. The person whose content is removed is informed with the same reasons and the same redress options.

Single point of contact within the meaning of DSA articles 11 and 12, for authorities and users alike: contact@capsule-party.com. Accepted languages: French and English.

Moderation policy. In accordance with DSA article 14, we set out the restrictions we apply to content: the content listed above is prohibited. Our moderation is exclusively human and reactive: we use no automated tool for detecting, filtering or ranking content, and we act only following a report. The measures available to us are removing the content, closing the session and blocking access to the photo mini-game.

You keep all your rights in the content you share. You grant us only a technical licence, strictly limited to displaying that content to the other participants in the current game; the licence expires automatically when the content is deleted, at most one hour after it was sent.

8. Prohibited uses

You must not, in particular:

decompile, disassemble or reverse-engineer the app, except within the limits allowed by law;
circumvent the game unlock mechanisms or access restrictions;
automate use of the app or generate artificial traffic;
attempt to access game sessions you were not invited to;
extract, copy or reuse the card, word, question or theme lists for commercial purposes or to create a competing service;
disrupt the operation of the servers or compromise their security.

9. Licence to use

APPLI MAGINE grants you a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to use Capsule for private, non-commercial purposes, on the devices you use. Any other use, notably in a commercial, event or public broadcast context, requires our prior written agreement.

10. Intellectual property

The app, its code, its interface, its design system, its illustrations, its animations, the Capsule name and logo, and all editorial content (word lists, cards, questions, themes, debate prompts, music game data) are protected by intellectual property law and remain the exclusive property of APPLI MAGINE or its partners.

Song titles, artists and musical references mentioned in the music games are cited purely as guessing prompts. The app neither plays nor supplies any protected sound recording: it is up to the players to sing or hum.

11. Warnings about gameplay

Games involving movement

Several games (charades, team charades, the forehead guessing game) involve gestures, movement and fast handling of the device. Before playing: clear the space around you, move fragile objects out of the way, hold the phone firmly and adjust the pace to your physical condition. Never play while driving, while walking on public roads or in a hazardous environment. APPLI MAGINE cannot be held liable for bodily or material damage arising from the course of a game.

Discussion content

The discussion games (Spicy Questions, Debates, The Imposter) and the photo mini-game can lead players to reveal personal information or to touch on sensitive subjects. These games are designed to be played between people who know and trust each other. Every player remains free to decline to answer or to pass at any moment. APPLI MAGINE is not responsible for the relational or personal consequences of exchanges held during a game.

12. Service availability

The app is provided "as is", with no guarantee of uninterrupted or error-free operation. The "Whose Photo Is This?" mini-game depends on network and server availability, and may be temporarily unavailable for maintenance, updates or technical reasons. We reserve the right to suspend, modify or discontinue all or part of the service, notably for technical or regulatory reasons.

13. No saved games

Game sessions and shared photos are temporary by design: photos are deleted from our servers in under an hour and sessions at the end of the game. No restoration is possible, including by us. It is up to you to keep your own copies of content you care about.

14. Liability

APPLI MAGINE uses reasonable means to keep the app working properly. It cannot be held liable for damage arising from:

use of the app that does not comply with these Terms;
the behaviour of a player or content shared by another user;
a failure of your device, operating system or connection;
an event of force majeure.

Nothing in these Terms seeks to exclude or limit APPLI MAGINE's liability for gross negligence or wilful misconduct, or for personal injury, nor the statutory warranties of conformity and against hidden defects available to consumers under French law.

15. Termination

By you: you may stop using Capsule at any time by uninstalling the app. Uninstalling erases all data held on your device.

By us: in the event of serious or repeated breach of these Terms, notably sharing illegal content or compromising the security of the service, we may restrict or block your access to the online features, after warning you where circumstances allow.

16. Personal data

How your data is handled is set out in our privacy policy, which forms an integral part of these Terms. In short: no data is sold, no personal data is kept on a lasting basis, and photos from the photo mini-game are permanently deleted from our servers in under an hour.

17. Changes to these Terms

These Terms may be amended to reflect changes in the app or in regulation. The last update date appears at the top of the page. Any substantial change will be signalled to you through an in-app notification. Continuing to use Capsule after that notification constitutes acceptance of the amended Terms; otherwise, it is up to you to stop using the app.

18. App stores

These Terms are entered into between you and APPLI MAGINE exclusively. Apple Inc. and Google LLC are not parties to the contract and bear no maintenance or support obligation regarding Capsule. Apple Inc. and its subsidiaries are nonetheless third-party beneficiaries of these Terms and may enforce them against you. Each app store's own conditions apply in addition.

19. Governing law and dispute resolution

These Terms are governed by French law. Should a difficulty arise, please contact us first at contact@capsule-party.com so we can seek an amicable solution.

Under articles L.611-1 and following of the French Consumer Code, if your written complaint to us has not been resolved within one year, you may refer the matter free of charge to the consumer mediator for APPLI MAGINE:

SAS Médiation Solution
222 chemin de la Bergerie, 01800 Saint-Jean-de-Niost, France
Online submission: www.sasmediationsolution-conso.fr
Email: contact@sasmediationsolution-conso.fr

You may also use the European online dispute resolution platform.

Failing an amicable resolution, the dispute will be brought before the courts having jurisdiction under ordinary rules.

20. Miscellaneous

If any provision of these Terms is held void or unenforceable, the remaining provisions keep full effect. APPLI MAGINE's failure to rely on a breach does not waive its right to do so later. These Terms, together with the privacy policy, constitute the entire agreement between you and APPLI MAGINE regarding the use of Capsule.

21. Contact

For any question, complaint or report: contact@capsule-party.com.

Terms of use