This 2026 Addendum supplements the existing Capptions Terms of Service. It does not replace the master ToS; in case of conflict the master ToS prevails, except where this Addendum is explicitly more protective of the Customer.
- Version: 2026.2
- Effective date: 1 January 2026
- Updated 14 September 2026: clarified NIS2 status and hosting locations.
- Applies to: all customer agreements active on or signed after the effective date.
A. AI features
Use of AI features in Capptions products is governed by:
- the AI Policy & Trust Statement;
- the AI processing annex of the Data Processing Agreement (Section 10);
- the AI-specific rules in the Acceptable Use Policy;
- for Seveso.app, the Seveso.app AI Statement.
Capptions does not train AI models on Customer Data. Capptions complies with the EU AI Act (Regulation (EU) 2024/1689) per the classification in the AI Policy.
B. Data residency
Customer Data is processed in the European Union. Primary application hosting is on Hetzner Online GmbH, in Germany (primarily Nuremberg). Specific ancillary services — object storage for uploaded media and documents, transactional email, notifications, CDN and the container registry — run on Amazon Web Services (AWS) in Dublin, Ireland. Cloudflare, Inc. provides DNS services. The full list of sub-processors, including non-EEA ones used only for ancillary purposes (e.g. Stripe, HubSpot), is at Sub-processors. Transfers outside the EEA rely on Standard Contractual Clauses and, where applicable, the EU–US Data Privacy Framework.
C. Digital Services Act (Marketplace)
For the Capptions Direct Marketplace, Capptions acts as an online intermediary under the Digital Services Act (Regulation (EU) 2022/2065). We maintain:
- a single point of contact for authorities and users;
- a notice-and-action mechanism — report content at abuse@capptions.com;
- statements of reasons for content moderation decisions;
- an internal complaint-handling system for publishers;
- transparency reporting where required.
Marketplace publisher obligations are detailed in the Partnership Terms and the Marketplace Guidelines.
D. NIS2
Capptions B.V. is not an essential or important entity under the NIS2 Directive (EU 2022/2555) or the Dutch Cyberbeveiligingswet, based on the size criteria. We do support our Customers’ own NIS2 supply-chain obligations (Art. 21(2)(d)): we operate an information security management system certified to ISO/IEC 27001, hold a SOC 2 Type II report, and maintain the security practices described in the Security Statement. We notify affected Customers of significant security incidents without undue delay and in any case within 24 hours of becoming aware of them, provide an intermediate update within 72 hours, and deliver a final report within 30 days. Vulnerabilities can be reported to security@capptions.com.
E. Order of precedence
In case of conflict, the order of precedence is:
- any individually signed order form or main agreement;
- the Data Processing Agreement;
- this 2026 Addendum;
- the Capptions Terms of Service;
- the relevant product statements (AI Policy, Security Statement, AUP).
A counter-signed PDF of this Addendum is available on request: legal@capptions.com.