Terms of Use and Service Terms

Agreement to These Terms

These Terms of Use and Service Terms form a binding agreement between capture 5 and the business, organization, entity, owner, manager, or authorized representative accessing the website, submitting a form, purchasing a plan, signing an order document, submitting payment, or using the services.

In these Terms, “capture 5,” “we,” “us,” and “our” mean capture 5. “Client,” “you,” and “your” mean the business or legal entity purchasing or using the services and its authorized representatives.

By accessing the website, submitting a business form, selecting a plan, accepting an order document, completing checkout, placing a payment method on file, or using the services, you acknowledge that you have read and agree to these Terms.

Business Use and Authority

capture 5 is a business-to-business service intended for commercial, professional, organizational, and institutional use. It is not offered as a personal, family, or household service.

• You must be at least 18 years old and legally able to enter into a binding agreement.
• You represent that you have authority to act for and bind the business identified at checkout or in the order documents.
• You are responsible for actions taken by your owners, employees, contractors, authorized users, and representatives.
• You agree to use capture 5 only for legitimate reputation work relating to real customer experiences.
• You must provide accurate business, billing, contact, customer, and platform information.

capture 5 Services

capture 5 provides managed reputation services. Depending on the selected plan, connected platforms, client authorization, and order documents, services may include:

• Managed email-based review outreach to eligible first-party customers supplied by the client.
• Human Trust Video placement and approved business messaging.
• Neutral review requests and approved review-destination routing.
• Review activity monitoring where platform access and functionality allow.
• Professional review response preparation and posting on supported, connected platforms.
• Review and posted-response notifications.
• Customer concern visibility and internal recovery alerts.
• Unsubscribe and suppression handling.
• Reporting, performance oversight, and account support.

Exact features, customer volume, platform coverage, add-ons, pricing, and service limits are controlled by the applicable pricing page, checkout page, campaign agreement, order form, invoice, or other written order document.

Order Documents and Priority

These Terms apply together with the documents governing the client’s specific purchase, which may include a checkout page, pricing page, campaign agreement, order form, statement of work, invoice, proposal, Data Processing Addendum, Billing Policy, Email Terms, or other written agreement.

If documents conflict, the following order of priority applies unless a signed document expressly states otherwise:

• A mutually signed campaign agreement, order form, or statement of work.
• A mutually signed Data Processing Addendum for matters within its scope.
• The applicable checkout terms and plan-specific order details.
• These Terms of Use and Service Terms.
• General website descriptions, FAQs, or marketing materials.

General website copy does not modify a specific price, service level, term, or obligation stated in an accepted order document.

90-Day Initial Service Term

Unless an accepted order document expressly states otherwise, every paid capture 5 plan begins with a minimum 90-day initial service term.

The initial term begins on the purchase date, order-acceptance date, invoice-payment date, or service-activation date identified in the applicable order document.

The 90-day initial term allows time for onboarding, service preparation, outreach, platform connection, response setup, monitoring, reporting, and performance review.

• The client remains responsible for fees due during the initial term even if the client stops using the service.
• Client delays in supplying customer records, approvals, access, links, video assets, or other required information do not automatically extend or cancel the payment obligation.
• Customer participation, review volume, ratings, publishing, or platform results do not determine whether the agreed service fees are owed.
• A cancellation request submitted during the initial term prevents eligible future renewal but does not automatically end amounts already committed for the initial term.

Renewal and Cancellation

Unless an order document states otherwise, a standard plan continues on a month-to-month basis after the 90-day initial term until cancelled in accordance with these Terms.

Cancellation requests must be submitted through an authorized account, billing method, website cancellation process, or by emailing [email protected] with the subject line “Cancellation Request.”

• The cancellation request must identify the business, account, plan, location, and authorized requester.
• Verbal statements, social media messages, public comments, or messages sent to unrelated third parties do not constitute cancellation.
• A valid cancellation request submitted during the initial term will be applied to prevent renewal after the initial term, unless capture 5 agrees to an earlier termination in writing.
• After the initial term, cancellation takes effect at the end of the current paid billing period unless an order document or applicable law requires different treatment.
• Cancellation does not erase unpaid invoices, committed initial term charges, authorized add-ons, collection costs, or other amounts already owed.

capture 5 may provide a cancellation confirmation. Clients should retain that confirmation with their business records.

Pricing, Payment, and Authorization

Current standard pricing is displayed on the pricing and checkout pages. Pricing is generally per business location because each location has separate customers, review profiles, account access, response needs, and reporting.

Standard capture 5 plans currently have no standard setup fee. Custom, enterprise, multi-location, special-integration, or separately requested work may carry additional fees when clearly disclosed and accepted in an order document.

By providing a payment method or authorizing checkout, you authorize capture 5 and its payment processors to charge the payment method for:

• Plan fees shown in the accepted order.
• Authorized monthly renewals.
• Selected contact-volume or platform add-ons.
• Custom or enterprise work separately approved by the client.
• Applicable taxes and government-imposed charges.
• Valid unpaid balances arising under the accepted agreement.

Unless expressly stated otherwise, amounts are charged in U.S. dollars. The client is responsible for currency conversion, banking, payment-card, VAT, GST, withholding, or similar charges imposed by the client’s financial institution or jurisdiction.

Failed Payments

The client must maintain a valid payment method. capture 5 may retry a failed payment, provide a payment notice, pause service, limit new work, or suspend the account while a valid amount remains overdue.

Billing Disputes and Chargebacks

Billing questions should be sent promptly to [email protected] with enough information to identify the charge and account.

The client should provide capture 5 a reasonable opportunity to review and correct a suspected billing error before initiating a payment dispute.

Nothing in these Terms prevents a client from exercising a non-waivable right provided by applicable law or payment-network rules. However, initiating a knowingly false, fraudulent, or improper chargeback relating to an authorized and validly owed business charge may constitute a material breach.

If an authorized charge is reversed while the underlying amount remains validly due, capture 5 may suspend services and pursue the unpaid balance, reasonable processor charges, and lawful collection costs.

Refunds and Service Credits

Except where an accepted order document or mandatory law states otherwise, fees paid for completed service periods, activated plans, prepared work, custom work, or committed initial term service are non-refundable.

capture 5 begins allocating staff, preparing account settings, configuring outreach, reviewing business information, and supporting platform and response requirements after purchase.

• Refunds are not issued because a customer chooses not to leave a review.
• Refunds are not issued because reviews receive a particular rating or contain unfavorable content.
• Refunds are not issued because a third-party platform filters, delays, rejects, removes, or limits a review.
• Refunds are not issued for client-side delays, missing approvals, unavailable account access, or incomplete customer records.
• Refunds are not issued merely because a client changes vendors, pauses operations, changes ownership, or stops using the service.

capture 5 may issue a refund, correction, or service credit in its discretion when appropriate. Any voluntary accommodation does not create an ongoing obligation or change these Terms.

Client Data and Customer Information

capture 5 uses first-party customer information supplied by the client to provide the contracted reputation service. The client remains responsible for the customer relationship and the legality, accuracy, and authority supporting the information it provides.

• The client must have a legitimate customer relationship with each person included in review outreach.
• The client must possess all notices, permissions, consents, lawful bases, or other authority required to provide the information and authorize communications.
• The client may not submit purchased, rented, scraped, unrelated, cold-prospect, or third-party lead lists.
• The client may not submit unnecessary sensitive information, passwords, government identifiers, complete financial information, medical information, or children’s information.
• The client must provide accurate suppression, exclusion, and do-not-contact information.
• The client must notify capture 5 when customer information is incorrect, unauthorized, or should no longer be processed.

capture 5 may reject, isolate, remove, or decline to process information that appears unlawful, unauthorized, inaccurate, unnecessary, sensitive, or inconsistent with capture 5 policies.

Data processing is further governed by the Privacy Policy and, where applicable, the Data Processing Addendum .

Neutral Review Practices

capture 5 is designed to support authentic customer feedback following real customer experiences.

• Customers receive a neutral opportunity to share honest feedback.
• Customers are not selected for outreach based on an expected positive rating.
• capture 5 does not filter, gate, pre-screen, or suppress customers based on sentiment.
• capture 5 does not purchase, sell, create, fabricate, or arrange fake customer reviews.
• capture 5 does not require a five-star review or dictate review wording.
• capture 5 does not provide incentives in exchange for positive reviews.

The client may not direct capture 5 to perform conduct that violates platform policies, consumer-review laws, advertising laws, or capture 5’s neutral review standards.

Review Monitoring and Response Support

Depending on plan level, client authorization, connected account permissions, and platform functionality, capture 5 may monitor review activity and prepare or post professional responses.

Response language may consider the star rating, review content, approved business voice, customer concern, platform context, and client instructions.

• capture 5 may notify the client when review activity is detected.
• capture 5 may provide the client with the review, star rating, and response posted or prepared.
• Lower-rated feedback may trigger an internal customer concern notice.
• The client remains responsible for direct customer contact, refunds, repairs, account decisions, legal responses, and operational remedies.
• capture 5 may decline to post language that appears misleading, threatening, unlawful, discriminatory, defamatory, or inconsistent with platform rules.

capture 5 does not guarantee that a platform will permit account access, accept a response, display the response, maintain the response, or notify capture 5 of every review.

Third-Party Review Platforms

capture 5 is independent from Google, Facebook, Yelp, Better Business Bureau, Trustpilot, and other third-party review, directory, marketplace, social, or search platforms unless an affiliation is expressly stated in writing.

• Third-party platforms control their own account access, publishing, filtering, moderation, display, ranking, removal, and content decisions.
• Platform rules, account permissions, integrations, and functionality may change without notice to capture 5.
• The client is responsible for maintaining accurate and active platform listings and authorized account access.
• The client must comply with the terms and policies of each platform it chooses to use.

capture 5 is not responsible for a third-party platform’s outage, account suspension, moderation decision, review filtering, ranking change, policy update, access restriction, or other independent action.

Client Responsibilities

The client must cooperate with capture 5 and provide accurate, timely information reasonably required to perform the services.

• Supply authorized customer information in the required format.
• Provide accurate business details, location details, review links, contact routes, and account access.
• Provide or approve the Human Trust Video and applicable business messaging.
• Review and approve business voice, escalation instructions, and special response requirements when requested.
• Address customer concerns requiring direct action by the business.
• Comply with applicable privacy, communication, advertising, professional, industry, and platform obligations.
• Keep billing, contact, and authorized-user information current.

capture 5 is not responsible for delays caused by missing data, inaccurate links, unavailable account permissions, incomplete approvals, or other client-side issues.

Prohibited Use

The client may not use the website or services to engage in unlawful, deceptive, abusive, fraudulent, unsafe, or platform-prohibited conduct.

• Submit fake customers, fabricated experiences, purchased lists, or unauthorized customer records.
• Request fake, misleading, manipulated, or compensated positive reviews.
• Filter, gate, suppress, or redirect customers based on expected sentiment.
• Harass, threaten, discriminate against, or retaliate against a customer for providing feedback.
• Upload malicious code, compromise security, probe systems, or interfere with service operation.
• Reverse engineer, scrape, copy, resell, sublicense, or misuse capture 5 systems, templates, code, or proprietary materials.
• Misrepresent an affiliation, certification, endorsement, result, guarantee, or platform relationship.
• Use capture 5 for unsolicited prospecting unrelated to a real customer experience.

Intellectual Property and Client Materials

capture 5 Materials

capture 5 and its licensors retain ownership of the website, branding, systems, service structure, processes, templates, scripts, response frameworks, workflows, code, designs, documents, training materials, methodologies, and proprietary business information.

Client Materials

The client retains ownership of its business name, logo, customer information, approved brand materials, video assets, and other materials supplied by the client.

The client grants capture 5 a limited license to use client materials as reasonably necessary to provide, support, secure, and document the services.

Client Use of Deliverables

Subject to payment and compliance with these Terms, the client may use final client-specific materials delivered through the service for the client’s own business operations.

The client does not acquire ownership of capture 5’s underlying systems, reusable templates, methodologies, internal tools, or proprietary service structure.

Confidentiality

Each party may receive non-public business, technical, customer, financial, operational, or strategic information from the other party.

Each party agrees to use reasonable care to protect confidential information and to use it only for the service relationship, contractual obligations, legal compliance, security, or another authorized purpose.

Confidentiality obligations do not apply to information that is independently developed, lawfully received without restriction, publicly available without breach, or required to be disclosed by law.

capture 5 may use aggregated or de-identified operational information to improve services and business operations when the information does not reasonably identify an individual customer or confidential client information.

Third-Party Services and Website Assistant

capture 5 may use third-party providers for hosting, storage, email delivery, forms, scheduling, customer relationship management, payments, automation, analytics, security, reporting, website assistance, and connected platform services.

The website may include an automated assistant powered by Ask Bennett. Assistant responses are provided for general informational and routing purposes. They do not modify these Terms, guarantee service eligibility, establish legal advice, or replace an accepted order document.

capture 5 is not responsible for outages, interruptions, processing delays, platform restrictions, or other failures caused by independent third-party providers outside capture 5’s reasonable control.

Suspension, Refusal, and Termination

capture 5 may refuse, pause, restrict, suspend, or terminate services when reasonably necessary to address:

• Nonpayment or repeated failed payments.
• Fraudulent or improper payment disputes.
• Unauthorized, inaccurate, unlawful, or sensitive customer data.
• Fake reviews, review gating, suppression, or manipulation.
• Platform violations or loss of required account access.
• Abusive, threatening, discriminatory, unlawful, or unsafe conduct.
• Security threats or misuse of capture 5 systems.
• Material breach of these Terms or an order document.
• Legal, privacy, regulatory, platform, payment, or reputational risk that cannot reasonably be addressed while service continues.

When practical, capture 5 may provide notice and an opportunity to correct a breach. Immediate action may be taken when necessary to protect customers, data, systems, platforms, payment rights, or legal interests.

Suspension or termination does not automatically eliminate valid amounts already owed or obligations intended to survive termination.

No Guaranteed Outcomes

capture 5 does not guarantee:

• A specific number of reviews.
• A specific star rating or customer sentiment.
• That a customer will open, click, respond, or leave a review.
• That a review platform will publish or display a review.
• Search rankings, platform visibility, traffic, leads, revenue, or sales.
• Removal, revision, suppression, or replacement of unfavorable reviews.
• Resolution of a customer dispute or recovery of a customer relationship.
• Continuous availability of any third-party integration or platform.

Performance depends on factors outside capture 5’s control, including customer participation, customer experience, client cooperation, platform rules, market conditions, account access, and the accuracy of client-provided information.

No Professional Advice

capture 5 does not provide legal, tax, accounting, financial, medical, privacy, regulatory, or professional compliance advice.

Clients remain responsible for obtaining advice from qualified professionals regarding their business, industry, customer communications, privacy obligations, regulated information, platform obligations, and applicable laws.

Disclaimers and Limitation of Liability

To the fullest extent permitted by law, the website and services are provided on an “as is” and “as available” basis.

capture 5 disclaims warranties not expressly stated in an accepted order document, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, error-free operation, and guaranteed results.

To the fullest extent permitted by law, capture 5 will not be liable for indirect, incidental, special, consequential, exemplary, punitive, lost-profit, lost-revenue, lost-business, lost-goodwill, lost-data, reputational, customer, or platform-related damages.

To the fullest extent permitted by law, capture 5’s total aggregate liability arising from the website, services, or these Terms will not exceed the greater of:

• Five hundred U.S. dollars; or
• The fees actually paid to capture 5 for the affected service during the three months immediately before the event giving rise to the claim.

These limitations apply regardless of the legal theory asserted and even if a remedy fails of its essential purpose, except where applicable law does not permit the limitation.

Indemnification

To the extent permitted by law, the client agrees to defend, indemnify, and hold harmless capture 5 and its owners, officers, employees, contractors, affiliates, agents, and service providers from third-party claims, losses, liabilities, damages, penalties, costs, and reasonable legal fees arising from:

• The client’s products, services, employees, contractors, customer experience, or business operations.
• Client-provided customer data, permissions, notices, consent, lawful basis, or data accuracy.
• Client-provided claims, instructions, links, materials, or content.
• The client’s breach of these Terms, an order document, law, or third-party rights.
• The client’s misuse of review platforms or capture 5 services.
• A request by the client to perform unlawful, deceptive, non-neutral, or platform-prohibited conduct.

capture 5 will provide reasonable notice of an indemnified claim and may participate in the defense. The client may not settle a claim in a manner that admits wrongdoing by capture 5 or imposes an obligation on capture 5 without written approval.

Governing Law and Dispute Resolution

These Terms and disputes relating to capture 5, the website, services, orders, payments, or the business relationship are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

Informal Resolution First

Before filing arbitration or a court proceeding, the complaining party must send written notice describing the dispute, relevant account, requested relief, and supporting information.

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.

Binding Individual Arbitration

If the dispute is not resolved informally, covered disputes will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified by these Terms.

• The arbitration will be conducted by one neutral arbitrator.
• The arbitration may be conducted remotely unless the arbitrator determines that an in-person proceeding is reasonably required.
• The arbitrator may award any individual remedy available under applicable law and these Terms.
• The arbitrator must provide a reasoned written decision.
• The award may be entered and enforced in any court of competent jurisdiction.
• Each party will bear its own legal fees unless applicable law, an order document, or the arbitrator permits a different award.

Class and Representative Action Waiver

Disputes must be brought only in an individual capacity. Neither party may bring or participate in a class, collective, consolidated, representative, coordinated, or private attorney general proceeding against the other.

Matters That May Be Brought in Court

Either party may bring an eligible individual claim in small claims court. Either party may also seek temporary or preliminary injunctive relief to protect confidential information, intellectual property, account security, customer data, or systems while arbitration is pending.

Either party may bring a court action to enforce an arbitration award or an undisputed payment obligation.

Jury-Trial Waiver for Court Matters

For a dispute that is properly heard in court rather than arbitration, both parties knowingly and voluntarily waive trial by jury to the fullest extent permitted by law.

Court Venue

Court proceedings permitted under this section must be brought in a state or federal court located in New Jersey unless applicable law requires another venue.

International Clients

capture 5 operates from the United States and may support businesses outside the United States.

Serving businesses across the United States, United Kingdom, Canada, Australia, New Zealand, Ireland, and English speaking countries may involve different privacy, electronic-message, consumer-protection, advertising, platform, tax, and professional obligations.

International clients are responsible for determining whether their use of capture 5 is lawful in each applicable jurisdiction and for providing all notices, permissions, consent, and instructions required for customer communications.

Nothing in these Terms is intended to waive a right or obligation that applicable mandatory law does not permit the parties to waive.

Force Majeure

Neither party will be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disruption, government action, utility failure, internet outage, cybersecurity incidents, payment-network disruption, platform outage, supplier failure, or widespread service interruption.

Payment obligations for services already delivered or properly incurred before the event remain due.

Assignment and Changes in Ownership

The client may not assign, transfer, resell, or delegate the agreement without written approval from capture 5.

capture 5 may assign the agreement in connection with a merger, financing, reorganization, sale of assets, ownership change, or transfer of the capture 5 business, provided the successor assumes the applicable obligations.

A sale, closure, reorganization, or ownership change involving the client does not automatically cancel amounts already owed.

Severability and No Waiver

If a provision of these Terms is found unlawful or unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain effective.

A failure or delay by either party to enforce a right does not waive that right. A waiver is effective only when stated in writing by an authorized representative.

Electronic Communications and Signatures

The parties agree to conduct transactions electronically and to receive agreements, invoices, notices, confirmations, and service communications electronically.

Electronic acceptance, checkbox acceptance, digital signatures, document-form signatures, checkout submission, and electronic payment authorization may be treated as original signatures to the extent permitted by law.

The client is responsible for keeping its email address and other contact information current.

Changes to These Terms

capture 5 may update these Terms to reflect changes in services, technology, pricing structure, platform access, service providers, business practices, or legal requirements.

Updated Terms will be posted with a revised effective date. Material changes will apply prospectively unless applicable law, an accepted order document, or the client’s affirmative agreement permits different treatment.

An active order document continues to control the agreed price, initial term, and plan-specific service commitments unless the parties agree to a change or applicable law requires one.

Entire Agreement

These Terms, together with the applicable order documents, checkout terms, incorporated policies, and any signed written agreement, form the entire agreement concerning the covered services.

They replace prior or contemporaneous discussions, representations, proposals, or understandings concerning the same subject matter, except for fraud or a written agreement expressly preserved by the parties.

Contact capture 5

Questions about these Terms, billing, cancellation, or legal notices may be sent using the contact information below.