Terms of Service

To use Capto, you must create an account with accurate and complete information. You are responsible for maintaining the security of your account credentials and for all activity under your account. You must be at least 18 years old to use the Service.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Your purchase of any subscription is also subject to Paddle's Buyer Terms and Paddle's Refund Policy, which govern payment, billing, sales tax/VAT, invoicing, cancellations, and refunds.

The Service, including all software, source code, designs, trademarks, logos, documentation, and other content provided by CAPTO, is and remains the exclusive property of CAPTO and its licensors, and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms and your subscription plan. You may not copy, modify, reverse engineer, resell, or create derivative works from the Service. You retain ownership of the data and content you submit to the Service.

Capto offers paid subscription plans (Basic and Pro) billed monthly or annually. All payments are processed by our reseller and Merchant of Record, Paddle.com, and are also governed by Paddle's Buyer Terms. By subscribing, you authorize Paddle to charge your payment method on a recurring basis. Key billing terms:

• Free trials provide full access for a limited period; no charge until the trial ends
• You may cancel your subscription at any time; access continues until the end of the billing period
• Refunds are not provided for partial billing periods
• We may change pricing with 30 days' notice; existing subscriptions are honored until renewal
• Failed payments may result in service suspension after a reasonable grace period

You agree to use Capto only for lawful purposes and in compliance with all applicable laws. You must NOT:

• Send unsolicited SMS messages (spam) or messages without proper consent under TCPA
• Send email campaigns that violate the CAN-SPAM Act
• Use the AI agent to generate misleading, fraudulent, or deceptive content
• Upload or distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to other users' accounts or data
• Use the Service to harass, threaten, or abuse any person
• Resell or redistribute the Service without written authorization
• Violate any mortgage industry regulations, including RESPA, TILA, or state-specific licensing requirements

When using Capto's SMS features powered by Twilio, you acknowledge and agree that:

• You are solely responsible for obtaining proper consent from recipients before sending messages
• You must comply with TCPA, A2P 10DLC registration, and all applicable telecom regulations
• You must honor opt-out requests immediately
• Capto is not liable for any fines, penalties, or legal action resulting from your messaging practices
• Message and data rates may apply to recipients
• You are responsible for the content of all messages sent through the platform, including AI-generated responses

Capto uses artificial intelligence to generate message responses, content suggestions, and Google Business Profile posts. You acknowledge that:

• AI-generated content may contain errors or inaccuracies
• You are responsible for reviewing and approving all AI-generated content before it is sent or published
• AI responses should not be considered legal, financial, or professional advice
• Capto does not guarantee the accuracy, completeness, or appropriateness of AI-generated content

You retain ownership of all data you input into Capto, including contacts, messages, pipeline deals, and campaign content. Capto does not claim ownership of your data. You may export your data at any time. Upon account termination, we will make your data available for export for 30 days before deletion.

If you create a business account and invite team members, you are responsible for managing their access and ensuring their compliance with these Terms. Business owners and admins can manage member roles and permissions. You are responsible for the actions of all users within your business account.

Capto integrates with third-party services including Twilio, Google Business Profile, and others. Your use of these integrations is subject to the respective third-party terms and policies. Capto is not responsible for the availability, accuracy, or security of third-party services.

Google Business Profile: by connecting Google, you authorize Capto to access your Business Profile locations and publish posts on your behalf using thebusiness.manageOAuth scope. You confirm you are the owner or an authorized manager of any Business Profile location you connect, and you are responsible for the accuracy and legality of all content published. Capto's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. You may revoke access at any time from Settings → Google Business Profile in Capto, or at myaccount.google.com/permissions.

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify you of planned downtime in advance.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTO AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to Capto in the 12 months preceding the claim.

You agree to indemnify and hold harmless Capto, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights, including claims related to TCPA violations or unauthorized communications.

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or fail to pay subscription fees. You may close your account at any time through your account settings. Upon termination, your right to use the Service ceases immediately, and your data will be deleted after a 30-day grace period.

We may modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

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

Email: legal@usecapto.com