Terms of Service

1. Acceptance of Terms

By accessing or using Capture Client's platform, services, or website ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

2. Description of Services

Capture Client provides an all-in-one growth platform that includes:

• AI-powered voice agents for call handling and lead qualification
• Google Ads and Facebook Ads campaign management
• Built-in CRM system for contact and pipeline management
• Real-time analytics and reporting dashboard
• Lead capture forms and automated workflows
• Additional features as described on our website

3. Account Registration and Eligibility

To use our Services, you must:

• Be at least 18 years old and capable of forming a binding contract
• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account.

4. Subscription Plans and Billing

Payment Terms

• All fees are due in advance on a monthly or annual basis as selected
• Fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees
• Prices are subject to change with 30 days notice

Ad Spend

Advertising spend (Google Ads, Facebook Ads) is separate from subscription fees. You are responsible for ad spend costs, which are billed directly by the advertising platforms. We manage campaigns but do not control ad platform billing.

5. Cancellation and Termination

Your Right to Cancel

You may cancel your subscription at any time. For month-to-month plans, cancellation requires 30 days written notice. Annual plans are non-cancellable but will not auto-renew if you provide notice before renewal.

Our Right to Terminate

We may suspend or terminate your access to Services if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Use the Services in a way that harms us or other users

6. Acceptable Use Policy

You agree NOT to:

• Use the Services for any illegal purpose or in violation of any laws
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services or servers
• Use automated systems (bots, scrapers) without permission
• Impersonate others or provide false information
• Violate any third-party rights (copyright, trademark, privacy)
• Send unsolicited communications (spam)
• Resell or redistribute the Services without authorization

7. Intellectual Property

Our Rights

All content, features, and functionality of the Services (including but not limited to software, text, graphics, logos, and design) are owned by Capture Client and protected by copyright, trademark, and other intellectual property laws.

Your Data

You retain all rights to your customer data and content. You grant us a license to use, store, and process your data solely to provide the Services.

8. Data and Privacy

Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to our collection and use of information as described in the Privacy Policy.

9. AI-Generated Voice Technology

Our service uses artificial intelligence (AI) technology to generate voice communications. When you interact with our Voice AI agents:

• Calls may be made using AI-generated voices and automated systems
• AI voices may sound human but are computer-generated
• Interactions may be recorded and analyzed to improve our service
• AI systems operate according to programmed rules and may have limitations
• You may request to speak with a human representative at any time by saying "I want to speak to a person"

By using our service, you acknowledge that you are aware you may be interacting with AI-generated voice technology.

10. Telephone Consumer Protection Act (TCPA) Compliance

By providing your phone number and using our services, you provide your prior express written consent to receive:

• Informational and service-related calls, texts, and voice messages
• Marketing and promotional communications (if you opted in)
• Automated calls made using an automatic telephone dialing system (ATDS), artificial intelligence, or prerecorded/artificial voices

Your Rights

Consent is Optional: Consent is not required as a condition of purchase or use of our services.

How to Opt Out: You may revoke consent at any time by:

• Replying "STOP", "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "OPT OUT" to any text message
• Saying "stop", "opt out", or "do not call" during an AI voice call
• Calling (865) 346-3339 and requesting to be added to our Do Not Call list
• Emailing team@captureclientai.net with "OPT OUT" in the subject line

Processing Time: We will honor opt-out requests within 10 business days as required by FCC rules effective April 11, 2025.

Do Not Call Registry: We comply with the National Do Not Call Registry. If your number is registered, you should not receive marketing calls from us unless you have provided express consent or we have an established business relationship with you.

Calling Hours: We only make calls between 8:00 AM and 9:00 PM in your local time zone, as required by the TCPA.

11. Call Recording and Monitoring

Calls with our AI voice agents and customer service representatives may be recorded and monitored for:

• Quality assurance and training purposes
• Compliance verification and auditing
• Dispute resolution and customer support
• AI and service improvement

Two-Party Consent States

If you are located in California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Vermont, or Washington, all parties must consent to recording. You will be explicitly notified at the beginning of any recorded call and given the opportunity to decline recording.

By continuing a call after being notified of recording, you consent to the recording of that call. If you do not wish to be recorded, please inform our AI agent or representative at the beginning of the call.

12. SMS and Text Message Communications

By providing your mobile phone number and opting in, you agree to receive text messages from Capture Client including:

• Service updates and appointment reminders
• Account notifications and alerts
• Marketing messages (only if you opted in separately)
• Verification codes and authentication messages

A2P 10DLC Compliance

Our text messaging services comply with A2P (Application-to-Person) 10DLC requirements. Our campaigns are registered with The Campaign Registry (TCR) and major carriers.

Message Frequency: Varies based on your activity and preferences.

Message and Data Rates: Standard message and data rates may apply based on your mobile carrier plan.

Data Sharing: We will NOT share your mobile phone number or SMS opt-in consent with any third parties for marketing purposes.

13. State-Specific Compliance

California Residents

Our AI voice agents will identify themselves as automated at the beginning of calls. California requires all-party consent for call recording. You will be explicitly notified and asked for consent before any recording begins.

Colorado Residents

Effective February 1, 2026, high-risk AI systems will be disclosed on our website. You will be notified before AI makes any consequential decisions affecting you, and you have the right to human review of AI decisions.

Illinois Residents (BIPA)

If we collect voiceprint biometric data from Illinois residents, we will obtain separate written consent before collection. You have the right to informed consent, to know purpose and retention period, to deletion of voiceprint data, and private right of action under the Illinois Biometric Information Privacy Act (BIPA).

Florida Residents

Florida law restricts calls to 8:00 AM - 8:00 PM (stricter than federal 8 AM - 9 PM requirement).

14. AI Limitations and Disclaimers

While our AI voice technology is advanced, it has limitations:

• AI may misunderstand or misinterpret spoken requests
• AI responses are based on training data and programmed rules
• AI cannot replace human judgment in complex situations
• AI may not understand all accents, dialects, or speech patterns

Human Escalation

You may request to speak with a human representative at any time during an AI call by saying: "Speak to a human," "Transfer to representative," or "I need to talk to a person."

No Professional Advice

AI agents do NOT provide medical, legal, financial, tax, or other professional advice requiring licensed expertise. Information provided is for general informational purposes only.

No Emergency Services

DO NOT use AI voice agents for emergencies. For emergencies, call 911 or contact appropriate emergency services. AI agents cannot dispatch emergency services or provide emergency assistance.

15. Advertising Services

For Google Ads and Facebook Ads management:

• We will manage campaigns to the best of our ability but cannot guarantee specific results
• You must comply with all advertising platform policies
• We reserve the right to refuse ads that violate platform policies or our standards
• Campaign performance depends on many factors outside our control

16. Disclaimers and Limitations of Liability

Service Availability

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We do not guarantee uninterrupted, error-free, or secure access to the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTURE CLIENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

17. Indemnification

You agree to indemnify and hold Capture Client harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services or violation of these Terms.

18. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Services. Your continued use after changes constitutes acceptance of the modified Terms.

19. Governing Law and Disputes

These Terms are governed by the laws of the State of Tennessee. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

20. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Capture Client
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Our failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms without our consent

21. Contact Information

If you have questions about these Terms, please contact us: