Terms of Service

1. Service Description

CaptureLeads AI provides an AI-powered chatbot platform designed for businesses ("Clients"). Our Service enables Clients to deploy intelligent conversational agents on their websites that:

• Engage website visitors in real-time, 24/7 automated conversations
• Qualify leads by asking strategic questions configured by the Client
• Capture visitor contact information and route it to the Client's CRM, email, or dashboard
• Provide AI-generated responses using natural language processing
• Deliver analytics and reporting on chatbot performance and lead quality

The Service includes the chatbot software, a Client dashboard, setup and onboarding assistance, and ongoing maintenance as described in the selected subscription plan.

2. Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying CaptureLeads AI immediately of any unauthorized use of your account

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your organization.

3. Subscription Plans and Pricing

CaptureLeads AI offers three subscription tiers. Each plan includes a one-time setup fee and a recurring monthly service fee:

Pricing is subject to change with 30 days' advance written notice. Existing subscriptions will honor the pricing in effect at the time of their most recent renewal unless otherwise agreed.

4. Payment Terms

• Payment Processor: All payments are processed securely through Stripe. By providing your payment information, you agree to Stripe's Terms of Service.
• Setup Fee: The one-time setup fee is due at the time of sign-up and is non-refundable once onboarding has commenced.
• Auto-Renewal: Monthly subscriptions renew automatically on the same day each month. You will be charged the applicable monthly fee unless you cancel before the renewal date.
• Cancellation: You may cancel your subscription at any time through your dashboard or by contacting support. Cancellation takes effect at the end of the current billing period. No prorated refunds are issued for partial months.
• Failed Payments: If a payment fails, we will attempt to charge the payment method on file up to three additional times over a 10-day period. If payment remains unsuccessful, we reserve the right to suspend or terminate your account.
• Taxes: All fees are exclusive of applicable taxes, which are the responsibility of the Client.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Transmit spam, phishing attempts, malware, or any harmful code
• Collect, store, or process sensitive personal data (e.g., health records, Social Security numbers, financial account numbers) through the chatbot unless you have obtained appropriate consents and comply with all applicable data protection laws
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the chatbot to harass, threaten, or defraud website visitors
• Attempt to reverse-engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Resell, sublicense, or redistribute the Service without prior written consent from CaptureLeads AI

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy, with or without notice.

6. Intellectual Property

Client Data: You retain full ownership of all data, content, and materials you provide to or collect through the Service ("Client Data"). CaptureLeads AI does not claim any ownership rights over Client Data.

Platform & Technology: CaptureLeads AI retains all rights, title, and interest in and to the Service, including all software, algorithms, designs, documentation, trademarks, and other intellectual property. Nothing in these Terms grants you any right to use CaptureLeads AI's intellectual property except as expressly set forth herein.

License to Use: Subject to these Terms, CaptureLeads AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

Feedback: If you provide feedback, suggestions, or improvements related to the Service, you grant CaptureLeads AI a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service.

7. Service Level and Uptime

CaptureLeads AI strives to maintain high availability and targets 99.5% uptime for the chatbot service, measured on a monthly basis. This excludes:

• Scheduled maintenance (communicated at least 48 hours in advance)
• Force majeure events beyond our reasonable control
• Outages caused by third-party services, including hosting providers and API dependencies
• Issues arising from Client-side configurations or code

Enterprise plan Clients receive a formal Service Level Agreement (SLA) with defined uptime guarantees and service credits. Contact your account manager for details.

8. Data Handling and Security

We take data security seriously. CaptureLeads AI implements industry-standard technical and organizational measures to protect Client Data, including:

• Encryption of data in transit (TLS 1.2+) and at rest
• Access controls limiting data access to authorized personnel only
• Regular security assessments and infrastructure monitoring
• Secure hosting on reputable cloud infrastructure providers

For full details on how we collect, process, and protect data, please refer to our Privacy Policy.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• CaptureLeads AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profits, data, business opportunities, or goodwill.
• CaptureLeads AI's total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to CaptureLeads AI during the twelve (12) months preceding the claim.
• The Service is provided on an "as is" and "as available" basis. CaptureLeads AI makes no warranties, express or implied, regarding the Service, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• CaptureLeads AI does not guarantee that the AI chatbot will generate leads, conversions, or any specific business outcome.

10. Termination

By You: You may terminate your account at any time by canceling your subscription through the dashboard or by contacting support. You will retain access through the end of your current billing period.

By CaptureLeads AI: We may suspend or terminate your access to the Service immediately and without prior notice if:

• You breach any provision of these Terms
• Your payment is overdue by more than 15 days
• We are required to do so by law
• Continued provision of the Service becomes commercially impracticable

Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will retain your Client Data for 30 days following termination, during which time you may request an export. After 30 days, Client Data will be permanently deleted unless retention is required by law.

11. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Service:

1. Informal Resolution: The parties agree to first attempt to resolve the dispute informally by contacting CaptureLeads AI support. Most concerns can be resolved promptly through good-faith negotiation.
2. Mediation: If informal resolution is unsuccessful within 30 days, either party may initiate non-binding mediation administered by a mutually agreed-upon mediator.
3. Binding Arbitration: If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in the state of the Client's registered address or remotely, at the election of the initiating party.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

12. Changes to These Terms

CaptureLeads AI reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify active Clients via email at least 15 days before the changes take effect
• Post a notice on the Client dashboard

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

13. Contact Information

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

CaptureLeads AI
Email: support@captureleads.ai