Email Terms

Scope of These Email Terms

These Email Terms apply to email communications sent by or through capture 5 in connection with inquiries, onboarding, managed websites, hosting and maintenance, SEO, AI Search Visibility, reputation monitoring and response assistance, typed automated website chat, optional Review Outreach, support, reporting, billing and related services.

“capture 5,” “we,” “us” and “our” refer only to capture 5. “Client,” “you” and “your” mean the business purchasing, authorizing or using the service. These terms also explain relevant practices for people receiving email through the service.

capture 5 Complete combines the five core services. Active review-request outreach is a separate optional add-on. Email features, recipients, volume, approvals and supported integrations depend on the accepted service scope.

These Email Terms work with the Terms of Use, Privacy Policy, Cookie Policy, Opt-Out Policy, Platform Disclaimer, any applicable Data Processing Addendum and accepted order documents.

Service Emails Across capture 5

Email may support the agreed digital presence work, such as website content requests, design approvals, launch updates, maintenance notices, search performance reports, review alerts and response approvals.

When configured and included in scope, website forms, typed chat or booking connections may generate lead notifications, requested follow-ups or appointment-related messages. A notification does not guarantee an immediate response, completed booking or continuous human monitoring.

The client supplies accurate business details, notification recipients, contact instructions and approved content. Changes to hours, services, prices, booking availability or escalation contacts should be provided promptly.

A person asking a question through chat or submitting a form can receive a relevant response to that inquiry. Such activity does not automatically authorize unrelated promotional email or a review request before a genuine customer experience.

Optional Email-Based Review Outreach

Review Outreach is a separate optional service for requesting honest feedback from eligible customers after a genuine experience with the client business. Monitoring reviews and assisting with public responses does not automatically include sending requests to customer lists.

Approved outreach may include a customer thank-you, a neutral review request, permitted review destinations, a way to contact the business, unsubscribe functionality and necessary sender information.

• The standard records supplied for email outreach are the customer’s name and email address.
• Do not supply telephone numbers or unnecessary information for email-only review requests.
• The email outreach described here does not include text messages or automated calls.
• Timing, wording, formatting, links and routing may be adjusted for service quality, accessibility, lawful delivery, platform requirements and approved client instructions.
• The accepted add-on and order documents control outreach volume, sending limits and features.

No fixed message count is promised unless expressly included in an accepted order. Review participation, ratings and publication are not guaranteed.

Client-Provided Customer Information

capture 5 uses limited first-party customer information supplied by the client to provide the optional Review Outreach service described in this section. The client owns and controls the underlying customer relationship.

• The client provides the customer’s name and email address.
• The client is responsible for the source, accuracy, completeness, currency, and lawfulness of the information.
• The client must ensure each person submitted for a review request had a genuine customer experience with the business.
• The client is responsible for all required notices, permissions, consent, lawful bases, customer relationship requirements, and contact authority.
• The client must provide known opt-outs, suppressions, exclusions, objections, and do-not-contact restrictions before launch.
• The client must promptly notify capture 5 when a customer record must be corrected, removed, restricted, or suppressed.

Client Authority and Instructions

When submitting a customer list or authorizing a specific email activity, the client represents that it has the authority required for capture 5 to send the approved email communications on the client’s behalf.

• The client has a legitimate first-party relationship with each submitted customer.
• The client has provided all notices required by its privacy policy, customer terms, industry rules, and applicable law.
• The client has the consent, lawful basis, permission, contract authority, legitimate interest, or other legal authority required for the communication.
• The client has not knowingly submitted a customer whose applicable opt-out, objection, or do-not-contact request must be honored.
• The client’s instructions, content, links, business information, and review destinations are accurate, authorized, and lawful.

Submitting a capture 5 inquiry form requests contact about the inquiry. It does not authorize customer-list outreach, accept a paid service, authorize billing or automatically consent to unrelated marketing. Separate instructions and order acceptance are required before paid work begins.

A prior purchase, a publicly available email address or a business relationship does not automatically establish every permission required for every message. The applicable rules depend on the recipient, location and actual message purpose.

Prohibited Lists and Data Sources

Review Outreach is not a cold-email, prospecting or list-broker service. The restrictions below apply to lists submitted for customer review requests; they do not prevent configured website forms or typed chat from capturing a genuine visitor inquiry.

• Purchased customer or prospect lists.
• Rented, leased, or brokered email lists.
• Scraped or harvested email addresses.
• Cold-prospect or unrelated lead lists.
• Competitor customer lists.
• Lists obtained without the authority required for the proposed use.
• Employee, friend, relative, insider, artificial, or fake-customer lists intended to generate reviews.
• Records for people who did not have a genuine customer experience with the client business.

capture 5 may reject, isolate, delete, suspend, or refuse to process information that appears purchased, scraped, rented, cold, unrelated, outdated, inaccurate, unauthorized, unlawful, manipulated, or inconsistent with capture 5 policies.

Email Message Standards

Emails sent through capture 5 must be truthful, professional, clear and appropriate to their actual purpose. Review requests must be neutral and connected to a genuine customer experience.

• Sender information, headers, subject lines, and message content must not be false, deceptive, or misleading.
• The message must identify the business or sender in a manner appropriate to the customer relationship and applicable law.
• The message must not misrepresent the relationship among the customer, client business, capture 5, or an independent review platform.
• The message must not threaten, pressure, deceive, or improperly incentivize a customer to provide a particular rating or statement.
• The message must not contain unlawful, discriminatory, defamatory, abusive, unsafe, or misleading content.
• The message must not claim that capture 5 or the client controls whether a review platform publishes, displays, ranks, filters, retains, or removes a review.

capture 5 may refuse client-provided language, links, offers, claims, scripts, edits, or instructions that create legal, privacy, security, platform, deliverability, reputation, or customer-experience risk.

Automated Messages and Approved Information

Some messages, summaries, alerts or suggested replies may be generated using automated tools and approved business information. They are not necessarily written by a person for each interaction.

Automated content can be incomplete, inaccurate or outdated. Posting permissions, approval settings and escalation instructions follow the accepted service scope. Important commitments, refunds, legal admissions or changes to an order require appropriate authorization.

Clients must keep supplied information current and flag errors. Automation must not be used to bypass opt-outs, fabricate customer experiences or misrepresent a sender. A notification, automated reply or form confirmation does not by itself create a contract, authorize payment or guarantee a business result.

Neutral Review Practices

capture 5 is designed to support authentic feedback from real customers. The customer decides whether to respond, whether to leave a review, which approved destination to use, what rating to provide, and what content to write.

• Customers are not selected based on an expected rating.
• capture 5 does not gate review access based on sentiment.
• capture 5 does not pre-screen customers before giving them the review opportunity.
• capture 5 does not block, hide, or suppress customers expected to provide unfavorable feedback.
• capture 5 does not require positive feedback, a five-star rating, or specific wording.
• capture 5 does not provide incentives in exchange for positive reviews.
• capture 5 does not create, purchase, arrange, or support fake reviews.

Sender Identification and Required Disclosures

Email requirements vary by jurisdiction and by whether a message is commercial, transactional, requested, relationship-based, business-to-business, or sent to an individual subscriber.

Where required, messages must include accurate sender identification, truthful subject lines, contact information, a postal address, an explanation of the business relationship, and a clear unsubscribe method.

• The client must provide accurate legal, business, location, contact, and sender information needed for required disclosures.
• The client must promptly correct outdated or inaccurate sender information.
• The client may not instruct capture 5 to conceal or falsify the identity of the sender or the purpose of the message.
• capture 5 may add, preserve, or revise operational disclosures when reasonably necessary for compliance or responsible delivery.

Unsubscribe and Objection Handling

Review Outreach and promotional emails will provide a clear, functioning unsubscribe or opt-out method where required. Recipients can use the method provided in the email to stop the applicable outreach or marketing messages.

• capture 5 will honor valid opt-outs and objections within the applicable legal deadline and suppress further messages covered by the request.
• A recipient must not be charged, required to buy a service, attend a call, create an account or complete a sales inquiry form to unsubscribe.
• Where applicable, the opt-out method must offer a way to stop all marketing from the relevant sender, rather than only one selected campaign.
• Limited suppression information may be retained to honor the request and prevent future unwanted sending.
• The client must promptly provide capture 5 with relevant opt-outs, objections and restrictions received directly, and update its own communication systems.
• The client may not instruct capture 5 to disregard a valid opt-out or remove a suppression simply to restart outreach.

An opt-out must be handled according to its scope and applicable law. It does not automatically update every independent system operated by the client, but a valid broader request must not be ignored merely because it was received through a different channel.

If the provided unsubscribe method fails, use the capture 5 contact form to report the problem. This is an additional assistance route, not a condition of honoring an unsubscribe request. Include only the recipient email address and information reasonably needed to identify the sender or message.

Suppression and Operational Email Records

capture 5 may maintain suppression, unsubscribe, bounce, complaint, invalid-address, blocked-address, and delivery-risk records to support responsible and lawful email delivery.

• Suppression information may be retained after other service records are deleted when retention is needed to honor an opt-out.
• Records may include the email address, date, reason, client-account reference, and limited operational delivery details.
• The client may not require deletion of a suppression record when retention is reasonably necessary to prevent unwanted email or comply with law.
• capture 5 may reject or suppress an address that appears invalid, risky, abusive, blocked, complained about, unsubscribed, or undeliverable.

Suppression information is used for honoring communication restrictions and related lawful administration, rather than as a new marketing audience. A re-uploaded list must be checked against applicable suppressions before sending resumes.

Bounces, Complaints, and List Quality

capture 5 may monitor delivery events such as bounces, blocks, complaints, spam reports, invalid addresses, provider warnings, and sender-reputation indicators.

• capture 5 may pause, reduce, reject, clean, suppress, or stop sending when a list creates deliverability, security, privacy, legal, or reputation risk.
• capture 5 may require the client to correct, replace, verify, or remove customer information before service continues.
• High bounce rates, unusual complaint activity, suspicious list sources, or repeated invalid records may result in suspension or termination.
• The client is responsible for supplying current, accurate, properly sourced information.
• Client-side list-quality problems do not automatically cancel valid payment obligations under an accepted order document.

No Email Deliverability Guarantee

capture 5 uses reasonable efforts to support professional email delivery. Delivery and inbox placement are affected by factors outside capture 5’s control.

• No guarantee that every email will be delivered.
• No guarantee that every delivered email will reach the primary inbox.
• No guarantee that email will avoid spam, junk, promotions, clutter, quarantine, or filtering folders.
• No guarantee that a customer will open, read, click, respond, contact the business, or leave a review.
• No guarantee that an email provider, security filter, corporate system, firewall, browser, or customer setting will permit delivery.
• No guarantee that third-party email infrastructure will remain uninterrupted, error-free, or unchanged.

Email Providers and Subprocessors

capture 5 may use email-delivery providers, hosting providers, customer relationship management tools, automation tools, analytics tools, security providers, form tools, storage providers, reporting tools, and other authorized service providers.

• Providers may process email addresses, approved message content, delivery events, unsubscribe records, bounce information, complaint data, and technical metadata as needed to perform their services.
• Providers maintain their own security, privacy, retention, infrastructure, and acceptable-use requirements.
• capture 5 is not responsible for independent provider outages, filtering, delays, restrictions, policy changes, or technical issues outside capture 5’s reasonable control.
• capture 5 may add, replace, or remove providers for service quality, security, compliance, cost, or operational reasons.

Using a provider does not remove capture 5’s own legal or contractual responsibilities. Provider changes remain subject to applicable notices, contractual safeguards and any agreed data processing requirements.

Email to Clients and Prospective Clients

capture 5 may email clients, prospective clients, authorized users and business contacts about inquiries, service scope, pricing, onboarding, approvals, account activity, billing, security, support and product information.

An inquiry may receive a confirmation and relevant follow-up from the team. Promotional email is handled according to applicable permissions and opt-out requirements; a business email address is not a blanket exemption from those rules.

Clients and other recipients can opt out of promotional email. Necessary service, billing, security or legal communications may continue where permitted. A message’s actual purpose determines its classification; adding advertising to an account notice can change the rules that apply.

Opting out of marketing does not cancel an accepted service order, invoice or valid payment obligation. Cancellation requests follow the Terms of Use and accepted order documents.

International Email Requirements

Email and privacy rules vary by jurisdiction, recipient type, message purpose and the evidence supporting permission to contact the recipient. A review request must be assessed on its actual content; calling it “feedback” does not automatically make it exempt from marketing rules.

• In the United States, commercial email, including business-to-business messages, is subject to applicable sender, subject-line, postal-address, disclosure and opt-out requirements.
• In Canada, covered commercial electronic messages generally require consent or an applicable exemption, identification information and a functioning unsubscribe method.
• In the United Kingdom and Ireland, requirements depend on the applicable national rules and circumstances, including whether the recipient is an individual, sole trader or corporate business.
• In Australia and New Zealand, covered commercial messages are subject to applicable consent, sender-identification and unsubscribe requirements.
• Privacy laws can impose additional duties concerning collection, lawful use, notices, sensitive information, international processing and individual rights.

Clients must provide the records, permissions and instructions required for their recipients and intended messages. Where permission cannot be established, sending may be paused or refused. The client’s instructions do not remove capture 5’s own obligations under applicable law.

Sensitive and Regulated Industries

Certain industries may have additional privacy, advertising, confidentiality, professional, patient, client, financial, recordkeeping, or ethical duties.

• Regulated clients must not submit sensitive or unnecessary customer information.
• Clients must determine whether special notices, consents, approvals, limitations, or disclaimers apply.
• Clients must not include medical, clinical, treatment, legal-matter, financial-account, insurance, case-specific, or other sensitive details unless a separate signed agreement expressly permits the processing.
• Healthcare-related clients must not submit protected health information unless all required written agreements and safeguards are in place.
• capture 5 may refuse or limit a use case that presents unacceptable legal, privacy, security, or reputation risk.

A name or email address associated with healthcare services may itself be protected health information. Ordinary forms, chat and outreach uploads must not be used for that information without separately agreed processing, appropriate safeguards and any required business associate agreement.

Review Platform Rules

Review emails may direct customers to review destinations approved by the client. The client is responsible for understanding and following the rules of each platform it chooses.

• capture 5 does not control third-party review-platform policies.
• capture 5 does not guarantee that every platform permits every type of invitation in every country, industry, or account configuration.
• capture 5 does not guarantee review publication, display, retention, ranking, rating impact, search visibility, or platform acceptance.
• capture 5 may refuse a destination, link, or instruction that appears inconsistent with platform requirements or creates legal, privacy, reputation, or customer-experience risk.

Platform approval of a business profile does not necessarily permit soliciting reviews there. Only destinations that allow the proposed request should be used; platform permission must be considered separately from email permission.

Suspension, Refusal, and Termination

capture 5 may pause, refuse, limit, suspend, or terminate email-related services when continuing would create material legal, compliance, privacy, deliverability, security, platform, payment, customer-experience, or business risk.

• Improper, unauthorized, inaccurate, or sensitive customer information.
• Purchased, scraped, rented, brokered, cold, or unrelated lists.
• High bounce rates, complaints, spam reports, provider warnings, or serious deliverability risk.
• Attempts to filter, gate, suppress, manipulate, or fabricate reviews.
• False, deceptive, unlawful, abusive, or non-neutral message instructions.
• Failure to honor opt-outs, objections, or suppression requirements.
• Nonpayment, invalid chargebacks, failed payments, or breach of an accepted agreement.
• Regulatory, platform, vendor, or service-provider restrictions.

Suspension, refusal, or termination does not automatically waive unpaid balances, agreed service-term obligations, collection rights, or other remedies stated in the Terms of Use or accepted order documents.

When practical, notice and an opportunity to correct an issue may be provided. Immediate action may be taken where needed to protect recipients, data, systems or legal interests. Nothing in this section removes a mandatory remedy or capture 5’s duty to perform accepted obligations.

Client Responsibility and Indemnification

The client remains responsible for its customer relationship, customer information, notices, consent, lawful authority, instructions, business claims, customer experience, and compliance obligations.

To the extent permitted by law and subject to the Terms of Use, the client agrees to defend, indemnify, and hold harmless capture 5 and its owners, employees, contractors, authorized providers, and representatives from applicable third-party claims, investigations, complaints, losses, fines, penalties, costs, and reasonable legal fees arising from:

• Client-provided customer information.
• Missing consent, notice, permission, lawful basis, or customer-contact authority.
• Purchased, scraped, rented, cold, unrelated, or otherwise improper lists.
• Client-provided links, claims, offers, scripts, instructions, or message content.
• Client failure to provide or honor customer objections, opt-outs, suppressions, or restrictions.
• Client breach of privacy, email, consumer-protection, review-platform, professional, or industry rules.
• The client’s products, services, employees, contractors, operations, customer experience, or customer disputes.

This allocation of responsibility does not remove capture 5’s own obligations or expand indemnification beyond the accepted Terms of Use and applicable law.

Relationship to Other Legal Terms

These Email Terms work together with the Terms of Use, Privacy Policy, Cookie Policy, Disclaimer, Opt-Out Policy, Platform Disclaimer, Data Processing Addendum, accepted service agreements, payment authorizations and applicable order documents.

If these Email Terms conflict with a more specific mutually accepted written agreement, the more specific accepted agreement controls for that client relationship.

Changes to These Email Terms

capture 5 may update these Email Terms to reflect changes in law, service providers, email systems, security, deliverability practices, platform rules, service configuration, or business operations.

Updated terms will be posted with a revised effective date. Material changes apply prospectively unless applicable law or an accepted agreement permits different treatment.

Publishing these terms does not itself create a paid order or authorize billing. No provision overrides a right or responsibility that applicable law does not permit the parties to exclude.

Contact capture 5

Use the capture 5 contact form for questions about these terms, an email received through the service or a failed unsubscribe method. Enter “Email Terms Question” or “Customer Opt-Out” in the notes, as appropriate.

For a message-related request, include the sender, recipient email address, approximate date and information reasonably needed to identify the message. Do not include passwords, complete payment details or unnecessary sensitive information.

The unsubscribe method in the email remains the direct route for stopping applicable outreach or marketing. A purchase, sales call or completed sales form is not required to unsubscribe.

capture 5 operates from New Jersey, United States.