Email Terms

Scope of These Email Terms

These Email Terms apply to email communications sent by or through capture 5 in connection with the website, forms, checkout, onboarding, account notices, billing notices, support communications, managed review outreach, review monitoring, response support, customer concern visibility, reporting, and related services.

These Terms also apply when a client business submits first-party customer names and email addresses so capture 5 can provide post-experience reputation services on the client’s behalf.

For these Email Terms, “capture 5,” “we,” “us,” and “our” refer only to capture 5. “Client,” “you,” and “your” mean the business purchasing, authorizing, or using the service.

Email-Based Review Outreach

The standard capture 5 customer review service is email-based. It is designed to contact eligible customers after a real experience with the client business.

Messages may include a customer thank-you, Human Trust Video placement, neutral review request, approved review destinations, a direct way to contact the business, unsubscribe functionality, and related operational information.

• The standard customer records used for outreach are the customer’s name and email address.
• Clients should not submit customer telephone numbers for the standard review outreach service.
• Standard review outreach does not include outbound SMS, MMS, or automated voice calling.
• capture 5 may adjust timing, wording, formatting, routing, links, and operational details to support service quality, compliance, accessibility, deliverability, platform requirements, and approved client instructions.
• The client’s selected plan and accepted order documents control applicable customer volume, features, and service limits.

Client-Provided Customer Information

capture 5 uses limited first-party customer information supplied by the client to provide the contracted reputation service. 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 submitted person 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

By submitting customer information, approving launch, purchasing a plan, uploading a list, or instructing capture 5 to begin service, 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.

Prohibited Lists and Data Sources

capture 5 is not a cold-email, lead-generation, prospecting, or list-broker service.

• 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, neutral, and connected to a real 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.

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 may 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 emails may include an unsubscribe link, reply-based opt-out method, preference control, or another suppression method appropriate to the email system, jurisdiction, and service configuration.

• Customers may use the provided method to stop future capture 5 review outreach for the applicable client account.
• capture 5 may suppress an unsubscribed or objecting customer from future review outreach.
• capture 5 may retain limited suppression information to honor the request and prevent additional sending.
• The client remains responsible for updating its own customer records, communication systems, and internal do-not-contact lists.
• The client must promptly notify capture 5 of an opt-out, objection, complaint, or restriction received directly by the client that should affect capture 5 outreach.
• The client may not direct capture 5 to disregard a legally valid opt-out or objection.

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.

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.

Business Email to Clients and Prospective Clients

capture 5 may send email to clients, prospective clients, authorized users, billing contacts, operational contacts, support contacts, and other business representatives.

• Email may include service information, pricing, onboarding, account notices, billing, payment notices, legal notices, security messages, support, product updates, and business-to-business marketing.
• Business contacts may opt out of promotional email where required or where an opt-out is provided.
• capture 5 may continue necessary transactional, account, billing, legal, security, and service communications.
• Opting out of promotional email does not cancel an account, service, invoice, order, contract, payment obligation, or properly agreed service term.

International Email Requirements

Email and privacy requirements differ across countries and may depend on the recipient, sender, message purpose, customer relationship, consent status, and legal classification of the communication.

Serving businesses across the United States, United Kingdom, Canada, Australia, New Zealand, Ireland, and English speaking countries requires each client to confirm the rules that apply to its customers and use of the service.

• United States rules may require accurate sender and header information, truthful subject lines, certain disclosures, a valid postal address, a clear opt-out method, and timely honoring of opt-outs.
• United Kingdom and Ireland rules may differ depending on whether the recipient is an individual subscriber, corporate subscriber, existing customer, or other business contact.
• Canadian rules may require prior express or implied consent, sender identification, contact information, proof of consent where relied upon, and a working unsubscribe mechanism.
• Australian rules may require consent or another permitted basis, accurate sender identification, contact details, and a functioning unsubscribe method.
• New Zealand rules may require consent or another permitted basis, sender identification, and a clear, functioning unsubscribe facility.
• Privacy laws may impose separate obligations concerning customer notices, indirect collection, lawful use, international processing, access, correction, and deletion.

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.

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.

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.

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.

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 , checkout terms, 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.

Contact capture 5

Questions about these Email Terms, customer suppression, or an email received through the service may be sent using the contact information below.