SMS Terms of Service

Captomi LLC — SMS Terms of Service

Effective Date: 2026-05-07  ·  Last Updated: 2026-06-10

1. Overview

These SMS Terms of Service ("SMS Terms") govern the use of text messaging services ("SMS Services") provided by Captomi LLC ("Captomi," "we," "our," or "us").

Captomi operates a consumer-initiated, conversational text messaging service. When you text or call the business first, an automated assistant replies by SMS to answer your questions and help you schedule appointments, and the business may send related appointment confirmations and reminders. Captomi does not use purchased lists and does not send unsolicited marketing messages.

These SMS Terms apply across Captomi products and services that use SMS or MMS messaging functionality, including Captomi Office and related verticalized offerings. They supplement our Privacy Policy available at captomi.com/privacy.

By texting or calling the business, or by replying to or otherwise interacting with our messages, you agree to these SMS Terms.

Certain messaging programs or workflows may be subject to additional terms or disclosures, which will supplement these SMS Terms. In the event of a conflict, program-specific terms will control for that program.

Messaging is consumer-initiated. When you text or call the business, your own message or call is your consent to receive SMS replies from the automated assistant and related confirmations and reminders about your request. We do not message consumers who have not first contacted the business.

Consent to receive SMS or MMS messages is specific to the particular Captomi service or business interaction through which you contacted us and does not constitute consent to receive unrelated messages.

You may opt out at any time by replying STOP, as described in Section 8.

For a description of how consumers opt in to this messaging, including what the first message looks like, see our SMS Opt-In page at captomi.com/sms-opt-in.

Business customers using Captomi messaging services are solely responsible for ensuring compliance with applicable telecommunications, marketing, and privacy laws, including the Telephone Consumer Protection Act (TCPA), state telemarketing laws, CTIA guidelines, and carrier requirements.

3. Types of Messages You May Receive

Because messaging begins with your own text or call, the messages you receive are conversational and related to your request. They may include:

Captomi does not send promotional or marketing SMS messages through this service.

4. Message Frequency

Message frequency varies; about 2 to 10 messages per week during active scheduling.

You will generally receive messages only while you have an active conversation or appointment with the business.

5. Message and Data Rates

Message and data rates may apply.

Captomi does not charge fees for sending or receiving SMS or MMS messages. However, your wireless carrier may charge fees according to your mobile plan.

Check with your carrier for details regarding applicable charges.

6. Standard Messaging Disclosures

7. Supported Carriers

SMS Services are supported by most major U.S. carriers, including but not limited to:

Carrier participation may change without notice. Carriers are not liable for delayed or undelivered messages.

8. Opting Out

You may opt out of all SMS communications from Captomi (other than one-time passcodes that you specifically request) at any time by replying with any of the following keywords (case-insensitive):

STOP   STOPALL   UNSUBSCRIBE   CANCEL   END   QUIT

After opting out, you may receive one final confirmation message confirming your opt-out request.

Once opted out, you will no longer receive SMS messages associated with that messaging program unless you opt back in.

You may also revoke your consent to receive messages by any reasonable means, including contacting us at support@captomi.com or privacy@captomi.com, and we will process such requests in accordance with applicable law.

For products that rely on SMS functionality, opting out may limit or prevent certain services from functioning properly, including appointment confirmations, notifications, authentication flows, or lead communications.

To resume receiving messages, reply:

START   or   UNSTOP

to the same phone number, or re-enable messaging through your account settings where available.

One-time passcodes (OTP) and security verification messages are sent only when you initiate authentication activity. To stop receiving OTP messages, do not initiate authentication requests that require SMS verification.

9. Help and Support

You may reply:

HELP

to any Captomi SMS message to receive information about the messaging program, support contact details, and opt-out instructions.

For additional support, contact:

10. Eligibility

To use Captomi SMS Services, you must:

By providing a mobile number, you represent and warrant that you satisfy these requirements.

11. Geographic Scope

Captomi SMS Services are intended for use within the United States. Availability may vary by country and carrier.

12. Privacy

Information collected through SMS communications is handled in accordance with our Privacy Policy available at captomi.com/privacy.

Captomi does not sell SMS recipient personal information.

Captomi does not share SMS content or phone numbers with third parties for their own direct marketing or cross-context behavioral advertising purposes.

13. Data Security

Captomi implements reasonable administrative, technical, and organizational safeguards to protect your information. However, no system or method of transmission is completely secure, and Captomi cannot guarantee absolute security of SMS or MMS transmissions.

14. Service Availability

SMS delivery is subject to effective transmission by your wireless carrier and network availability. Captomi does not guarantee message delivery, timeliness, availability, accuracy, or error-free operation of SMS Services.

Messages may be sent from different originating numbers, including long codes, short codes, or toll-free numbers.

15. No Emergency Use

Captomi SMS Services are not intended for emergency communications. Do not rely on SMS messages for time-sensitive or emergency matters, including but not limited to medical, safety, or law-enforcement situations.

16. Prohibited Use

You agree not to use Captomi SMS Services to:

Captomi reserves the right to suspend or terminate messaging access for violations of these SMS Terms, applicable law, carrier requirements, or platform policies.

17. Disclaimer of Warranties

SMS and MMS Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing or usage of trade.

Captomi does not warrant that messaging services will be uninterrupted, timely, secure, accurate, or error-free.

18. Limitation of Liability

To the maximum extent permitted by law, Captomi shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to SMS or MMS messaging Services, including but not limited to:

Captomi does not independently verify, monitor, or guarantee that business customers have obtained valid consent from message recipients. Captomi disclaims liability for any communications initiated by or on behalf of business customers without proper consent or legal authorization.

19. Indemnification

You agree to indemnify, defend, and hold harmless Captomi, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

20. Business Customers and TCPA Responsibilities

Business customers using Captomi messaging services are responsible for:

Captomi acts as a technology platform and service provider for messaging workflows initiated or configured by its business customers and does not initiate messages independently of customer instructions.

21. Changes to These Terms

We may update these SMS Terms from time to time.

When material changes are made, we will update the "Last Updated" date above and may provide additional notice where required by law.

Your continued use of Captomi SMS Services after updated SMS Terms become effective constitutes your acceptance of, and agreement to, the updated terms.

22. Governing Law

These SMS Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

23. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It requires you to arbitrate disputes with Captomi on an individual basis and limits the manner in which you can seek relief.

23.1 Informal Resolution

Before initiating any arbitration or legal proceeding, you and Captomi agree to first attempt to resolve any dispute informally for at least sixty (60) days. To begin informal resolution, send a written notice describing the dispute and the relief requested to support@captomi.com with the subject line "Notice of Dispute," together with your name and the mobile phone number associated with the dispute.

23.2 Agreement to Arbitrate

If informal resolution does not resolve the dispute within sixty (60) days, you and Captomi agree that any dispute, claim, or controversy arising out of or relating to these SMS Terms, the Captomi SMS or MMS messaging Services, or your interaction with Captomi messaging — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and including but not limited to claims under the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or state telemarketing laws — shall be resolved exclusively through final and binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, if mutually agreed in writing, by another nationally recognized arbitration provider).

The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Sacramento County, California, unless you and Captomi agree otherwise or unless applicable law requires a different venue. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement.

23.3 Class Action Waiver

You and Captomi agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action or proceeding.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable as to any particular claim or remedy, then that claim or remedy shall be severed from arbitration and may proceed in a court of competent jurisdiction, but the remainder of this arbitration agreement shall remain enforceable to the fullest extent permitted by law.

23.4 Jury Trial Waiver

You and Captomi each knowingly and voluntarily waive any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these SMS Terms or the Captomi SMS or MMS messaging Services.

23.5 Small Claims Court Carve-Out

Notwithstanding the above, either party may bring an individual action in small claims court for any qualifying dispute, provided the action remains in that court and is brought solely on an individual (non-class, non-representative) basis.

23.6 Right to Opt Out of Arbitration

You have the right to opt out of the arbitration agreement and class action waiver in this Section 23 by sending written notice to support@captomi.com with the subject line "Arbitration Opt-Out" within thirty (30) days of first agreeing to these SMS Terms. The notice must include your full name, your mobile phone number, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other provision of these SMS Terms.

23.7 Survival

This Section 23 shall survive any termination of these SMS Terms and your use of Captomi SMS or MMS messaging Services.

24. Severability

If any provision of these SMS Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the provision and these SMS Terms as a whole. The unenforceability of any provision shall not affect the validity or enforceability of the remainder of these SMS Terms.

25. Contact Information

For questions regarding these SMS Terms or messaging practices, contact: