Please read these Product Terms of Service carefully. They form a binding legal agreement between the business you represent and Captomi LLC and govern access to and use of Captomi's software products and services.
1. Scope and Acceptance
These Product Terms of Service ("Terms") govern access to and use of the software products and services that Captomi LLC ("Captomi," "we") makes available to business customers, including any beta, preview, or early-access offerings (collectively, the "Services"). Use of the captomi.com website is governed separately by our Website Terms of Service. Our Privacy Policy describes how we handle personal information and is incorporated by reference.
By creating an account, checking an acceptance box, or using the Services, you agree to these Terms on behalf of the business you represent ("Customer"), and you represent that you are at least 18 years old and have authority to bind that business. If you do not have that authority, or do not agree, do not use the Services.
2. Accounts and Workspaces
- You must provide accurate registration information and keep it current. You are responsible for safeguarding your sign-in credentials and for all activity under your account.
- The Services are organized into business workspaces. Creating an account either creates a new workspace for the Customer or requests to join the Customer's existing workspace (for example, based on your business email domain — joining may require approval by a workspace owner or administrator).
- Workspace owners and administrators control membership approval, which Services are enabled for the workspace, and workspace data. Actions taken by workspace members are taken on behalf of the Customer, and the Customer is responsible for its users' compliance with these Terms.
3. Beta and Early-Access Services
Some or all Services may be offered as beta or early-access versions. Beta services are provided "as is," may change or be discontinued at any time, may contain defects, and are excluded from any availability commitments. We may impose usage limits on beta services.
4. Fees and Billing
Unless otherwise agreed in an order form or separate agreement, the Services are currently provided without charge during early access. When paid subscriptions launch, applicable fees, billing periods, renewal, and payment terms will be set out in an updated version of these Terms or an order form before any charge applies. We may suspend Services for non-payment after notice. Fees are exclusive of taxes, which are the Customer's responsibility.
5. Acceptable Use
You will use the Services only for lawful business purposes and will not:
- submit or process content that is unlawful or infringes the rights of others;
- attempt to probe, breach, or circumvent security or authentication measures, or access another customer's workspace or data;
- interfere with or overload the Services, or exceed usage limits we communicate;
- reverse engineer, copy, or create derivative works of the Services except where this restriction is prohibited by law;
- resell, sublicense, or provide the Services to third parties as a service bureau without our written consent.
Feature-specific responsibilities. Where the Services connect to or publish through third-party platforms on your behalf, you are responsible for complying with those platforms' terms and policies. Where the Services include calling, voice, or messaging features, you are responsible for compliance with communications laws applicable to your use — including obtaining any required consent to record calls and complying with SMS/telemarketing rules (e.g., the TCPA in the United States).
6. Customer Data
- The Customer owns the data its users submit to or process through the Services ("Customer Data"). You grant Captomi the rights needed to host and process Customer Data to provide, secure, and support the Services, as described in our Privacy Policy and any data processing addendum ("DPA") in place between us.
- You are responsible for the accuracy and lawfulness of Customer Data and for having the rights and consents necessary to process it through the Services.
- Captomi may use aggregated and de-identified information derived from Customer Data to operate, maintain, improve, and develop the Services, provided such information does not identify the Customer or any individual.
- On termination, we will make Customer Data available for export for 30 days, after which it is deleted in accordance with the retention schedule in our Privacy Policy.
7. AI-Generated Output
The Services use artificial intelligence to generate content, summaries, transcripts, and other output. AI output may be inaccurate, incomplete, or inappropriate for your purposes. You are responsible for reviewing AI output before relying on it, acting on it, or publishing it, and for your use of it. AI output is not professional (legal, medical, financial, or other) advice.
8. Third-Party Services
The Services interoperate with third-party platforms and services. Those are governed by their own terms, may change or become unavailable, and are outside our control; connections to them may be interrupted. We are not responsible for third-party platforms or services.
9. Intellectual Property
Captomi and its licensors own the Services and all related intellectual property. We grant the Customer a limited, non-exclusive, non-transferable right to use the Services during the term in accordance with these Terms. If you give us feedback, we may use it without restriction or obligation.
10. Term, Suspension, and Termination
These Terms apply for as long as the Customer has an account. We may modify, replace, suspend, or discontinue any part of the Services at any time. Either party may terminate at any time (for the Customer, by closing its workspace). We may suspend or terminate access immediately if we reasonably believe there is a breach of these Terms, a security risk, or a legal requirement. Sections that by their nature should survive (including 6–9 and 11–14) survive termination. Effects of termination on data are described in Section 6.
11. Disclaimers
Except as expressly stated, the Services are provided "as is" and "as available," and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that output will be accurate.
12. Limitation of Liability
To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenues, or data; and (b) each party's total liability arising out of or relating to the Services is capped at the fees the Customer paid to Captomi in the 12 months before the event giving rise to the claim, or US $100 if no fees were paid (e.g., during free early access). These limits do not apply to liability that cannot be limited by law.
13. Indemnification
The Customer will defend and indemnify Captomi against third-party claims arising from Customer Data, the Customer's use of the Services in violation of these Terms, or the Customer's violation of law (including communications-consent and platform-terms obligations under Section 5).
14. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Disputes will be resolved exclusively in the state or federal courts located in Sacramento County, California, and the parties consent to personal jurisdiction there. Any claim must be brought within one (1) year after it accrues.
15. Changes to These Terms
We may update these Terms. For material changes we will give at least 30 days' notice (e.g., by email to workspace owners or a notice in the product) before the new version takes effect, and we will update the version date above. Continued use of the Services after the effective date constitutes acceptance. The version a customer accepted at signup is recorded.
16. Miscellaneous
These Terms, together with any order form and the policies referenced here, are the entire agreement regarding the Services and supersede prior discussions. If any provision is unenforceable, the rest remain in effect. Failure to enforce a provision is not a waiver. The Customer may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. The parties are independent contractors. You will comply with applicable export laws. Neither party will be liable for delays or failures caused by events beyond its reasonable control, including internet outages, telecommunications failures, cloud-service interruptions, natural disasters, labor disputes, or governmental actions.
17. Contact
Questions about these Terms:
- Email: support@captomi.com
- Phone: (858) 988-3678
- Mail: Captomi LLC, 2108 N St Ste N, Sacramento, CA 95816, United States