Terms of Use

Agreement to These Terms

These Terms of Use and Service Terms govern the capture 5 website and the managed digital presence services purchased by a business, organization or other legal entity. “capture 5,” “we,” “us” and “our” mean the service provider identified in the accepted order document. “Client,” “you” and “your” mean the business purchasing or using the services and its authorized representatives.

Website visitors must follow the provisions applicable to website use. Paid service obligations, payment authorization, renewal terms and the arbitration agreement must be presented and affirmatively accepted during order acceptance. Submitting an inquiry form, requesting information or speaking with the team does not by itself purchase a service, authorize a charge or accept a paid service commitment.

Before work starts, the capture 5 team confirms the service scope, fees, service-start date, billing schedule and required approvals in an order form, service agreement or other accepted written order document.

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 in the accepted 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 lawful business website, search visibility, reputation and customer communication purposes.
• You must provide accurate business, billing, contact, customer, and platform information.

capture 5 Services

capture 5 provides Managed Digital Presence for businesses. capture 5 Complete brings together a managed website, SEO, AI Search Visibility, reputation monitoring and response assistance, and typed automated website chat.

Included work is subject to the agreed service scope, client cooperation, authorized access, connected platform capabilities and the applicable order documents. Review Outreach is an optional separate service.

• Website build, hosting, mobile optimization, forms, contact setup, booking integration where appropriate, launch and reasonable ongoing maintenance.
• On-page optimization, technical and indexation checks, internal linking, sitemap work, basic local optimization and continued SEO within package scope.
• Business and content clarity, FAQ organization, appropriate structured data, crawlability checks and other scoped AI Search Visibility work.
• Reputation monitoring, review organization, managed or automated response assistance on supported platforms, response oversight and reputation visibility.
• Typed automated website chat for business questions, lead capture, qualification, contact direction and configured appointment or booking direction.
• Managed setup, monitoring and support within the agreed package.

Exact features, page count, supported locations, platform coverage, add-ons, outreach volume, fees and service limits are confirmed in the accepted order document. The pricing page describes the current standard offer.

Website Build, Launch and Maintenance

The standard Managed Website Launch includes up to five pages based on an approved design selected by the client. Typical pages include Home, Services, About, Reviews or Service Area, and Contact or Book. The structure can be adjusted for the business within the agreed scope.

The client provides its logo, colors, photographs or other approved assets, business information, services, pricing where applicable, business description and content summary. capture 5 performs the build and includes hosting, mobile optimization, forms, contact setup, booking integration where appropriate, two initial revision rounds and launch.

Revision rounds address feedback on the agreed build. New pages, a replacement design direction, new functionality, extensive content production or substantial changes after approval require separate scope and approval. Additional standard pages are separately priced. Larger websites, substantial custom functionality or projects of roughly more than ten pages may require a custom quote.

The recurring package includes reasonable ongoing maintenance within scope. It does not include unlimited redesigns, development, custom applications or additions. Hosting and routine maintenance continue during the active paid service period unless the order document states otherwise.

Launch dates depend on complete materials, permissions, domain access and timely approvals. Domains, paid external tools, custom integrations and additional functionality are included only when stated in the accepted order. No specific uptime, accessibility certification or regulatory certification is promised unless expressly included in writing.

SEO Services

Included SEO work may cover on-page optimization, page titles and descriptions, page structure, internal links, technical checks, indexation checks, sitemap work, basic local optimization and continued optimization within the package scope.

The client authorizes the agreed website changes and supplies accurate business, location and service information. Connected account work depends on appropriate access. Extensive content campaigns, paid advertising, purchased links, specialist audits, additional websites and work beyond the accepted scope are not automatically included.

Search engines control crawling, indexation, rankings and search presentation. Changes may take time to be processed and results vary. capture 5 does not promise a ranking position, traffic level, lead volume or timeframe for a search result.

AI Search Visibility Services

AI Search Visibility work may include content organization, clear business and entity information, FAQ structure, appropriate schema, crawlability checks, search and indexation checks, and formatting that helps modern search systems understand the business. Search Console connection or configuration is included when appropriate access is provided.

The client remains responsible for the truth of its business claims and must approve client-specific content. capture 5 may use automated tools to assist with analysis or content preparation, with work managed within the agreed scope.

This service does not purchase placement, create an endorsement by a search provider or guarantee inclusion in an AI-generated answer. Third-party search and AI systems control their own sources, citations, summaries, rankings and presentation.

Typed Automated Website Chat

The included website chat is a typed automated chat widget. It is not a live human representative or voice assistant. Managed setup and monitoring configure the widget to use approved business information for questions, lead capture, qualification, contact direction and appointment or booking direction where configured.

The client provides and approves accurate services, hours, prices where used, contact details, service areas, booking links and escalation instructions. Booking functions depend on configured calendar or booking integrations, access and availability.

Automated answers can be incomplete, outdated or incorrect. Visitors and clients should verify important details, availability and commitments directly with the business. A chat response does not independently approve additional paid work, modify these Terms, make a binding quote or authorize a refund.

Website visitors may provide questions, contact details and other lead information through chat. The client must maintain appropriate privacy notices and permissions. Do not configure chat to request payment-card details, passwords, protected health information or other sensitive information through ordinary messages.

The chat is not an emergency channel or a professional advice service. Monitoring does not mean continuous human attendance or an immediate response to every conversation.

Order Documents and Priority

These Terms apply together with the documents governing the client’s specific purchase, which may include a service agreement, pricing page, 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 service agreement, order form, or statement of work.
• A mutually signed Data Processing Addendum for matters within its scope.
• The applicable accepted plan-specific order details and payment authorization.
• 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.

Month-to-Month Service

Standard capture 5 Complete subscriptions are month-to-month from the start. There is no required multi-month minimum commitment.

The accepted order document identifies the service-start date, monthly billing date and recurring fee. Monthly service renews for the next billing period unless cancelled before that renewal.

The Managed Website Launch fee, additional standard pages, optional Review Outreach and separately approved custom work are separate charges. A one-time project charge does not create a multi-month subscription commitment.

Client delays in providing content, approvals or account access do not automatically pause an active paid billing period. Service-start arrangements and any agreed billing pause must be recorded in writing. This does not prevent the client from stopping future monthly renewal.

Renewal and Cancellation

Standard Complete subscriptions renew monthly until cancelled. The client may request cancellation at any time. A sufficient cancellation request received before the next scheduled renewal stops that renewal, and service ends at the end of the current paid billing period unless an earlier date is agreed or required by law.

Submit cancellation through the capture 5 contact form and enter “Cancellation Request” in the notes. An authorized account or billing cancellation method may also be used where provided. Cancellation through the form does not require a sales call, a new purchase or a retention conversation.

• Identify the business, relevant account or order and the authorized requester. Include the affected service or location if the account has more than one.
• Keep a record of the request. The request date is when a sufficient cancellation request is received, not when the team completes its review.
• capture 5 will confirm receipt and the effective cancellation date after reasonable account and authority verification. Internal review delays do not extend the subscription or create another renewal.
• Cancellation stops future renewal charges after its effective date. It does not erase valid unpaid charges for the current paid period, completed work, approved launch work, additional pages or other separately authorized work.
• Unused time in the current paid period is handled under the Refunds and Service Credits section and any applicable mandatory rights.

Use the official form or an available authorized account cancellation method so the request can be identified and recorded. Public comments, social media posts and messages to unrelated third parties are not the designated cancellation channels.

At the end of the paid service period, managed hosting, maintenance, search optimization, monitoring, response assistance, chat and connected features may end. Any website handover, data export, domain arrangements or transition work will follow the accepted order document, applicable licenses and the Privacy Policy or Data Processing Addendum. Do not assume that a subscription includes ongoing hosting or an unrestricted export of platform-dependent features after cancellation.

Pricing, Payment, and Authorization

The pricing page and accepted order document identify the recurring Complete package fee, the separate one-time Managed Website Launch fee, additional standard page fees, optional Review Outreach and any custom work. Custom functionality, larger sites, additional locations, higher outreach volume or separately requested integrations may require an additional quote and written approval.

The order document identifies the businesses, websites, locations and connected accounts covered. A standard subscription does not create unlimited website development, unlimited locations, unlimited outreach or unrestricted custom work.

Submitting the inquiry form does not authorize payment. By separately accepting a paid order and payment authorization, you authorize capture 5 and its payment processors to charge the agreed payment method for:

• Package and launch fees shown in the accepted order.
• Authorized recurring renewals under the agreed billing schedule.
• Approved additional pages, optional Review Outreach and other add-ons.
• Custom work separately approved by the client.
• Applicable taxes and government-imposed charges.
• Valid unpaid balances arising under the accepted agreement.

Recurring fees, renewal frequency, the service-start date and cancellation instructions will be provided before recurring payment authorization. No additional paid scope is approved solely by an automated chat response.

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

Submit billing questions promptly through the capture 5 contact form. Enter “Billing Question” in the notes and provide enough information to identify the charge and account. Do not include complete payment-card or bank details.

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, the current paid monthly period, prepared work or separately approved custom work are non-refundable.

capture 5 begins allocating staff, reviewing business information, preparing website work and account settings, configuring connected features, and supporting the agreed service after order acceptance.

• 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.

A launch or additional-page fee pays for the agreed work and is treated according to the accepted order document, work performed and applicable law. Changes in search rankings, AI answer inclusion, traffic, leads, bookings or sales do not by themselves create a refund entitlement. This does not remove capture 5’s responsibility to perform its agreed work or limit a remedy required by law.

Client Data and Customer Information

capture 5 uses first-party customer information supplied by the client to provide the contracted website, search visibility, reputation, optional review outreach, typed chat, lead capture or booking 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 for review outreach.
• 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.

Client website forms and typed chat may process visitor messages, contact details, lead information and configured booking requests. The client is responsible for appropriate notices and permissions on its own website and for the accuracy of the business information used to answer visitors.

Health-related clients must not submit protected health information without a separate written agreement and any legally required business associate agreement. Names, email addresses or other identifiers may be protected health information when connected to healthcare services. Do not use ordinary forms, chat or review outreach uploads for patient records or other sensitive health information.

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 the agreed service scope, client authorization, connected account permissions, and platform functionality, capture 5 may monitor review activity and prepare or post managed or automated responses. The client authorizes only the connected accounts and posting permissions agreed during setup.

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.

Responses may use automated or AI-assisted tools with configured business information and response oversight. A one-star complaint and a five-star compliment require different context; the star rating alone does not determine a response. The client must identify matters requiring its direct review, including threatened litigation, safety concerns, sensitive information or allegations requiring factual investigation.

capture 5 will follow the agreed approval and escalation settings. A response does not authorize a refund, admit liability or commit the client to a remedy unless the client has expressly authorized that action. Active review-request outreach to customer or contact lists is separate from the core monitoring and response service.

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.
• Supply or approve the business logo, colors, photographs, videos where used, business information, service descriptions, applicable pricing, content summary and website copy needed for the build.
• 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.

The client must review website drafts and approve accurate business claims, contact details, regulated content, booking settings and chat information. Launch timing depends on receiving complete materials, access and approvals. Third-party edits or access changes may require additional work or delay service.

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, unauthorized customer records or purchased lists for review outreach.
• 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, reusable designs, code or proprietary materials, except where authorized by a written license or a non-waivable legal right.
• Misrepresent an affiliation, certification, endorsement, result, guarantee, or platform relationship.
• Use review outreach for unsolicited prospecting unrelated to a real customer experience, or use forms, chat or messaging features for spam or unlawful communications.

Do not use the services to distribute unlawful or infringing website content, publish fabricated business claims, manipulate search systems through prohibited practices, impersonate another business or collect unnecessary sensitive information.

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.

Website Assets, Licenses and Handover

The client represents that it owns or has permission to use the content, logos, photographs, videos, fonts and other materials it supplies. Stock media, licensed assets, reusable designs and connected software remain subject to their applicable licenses. A launch fee does not transfer ownership of third-party software or capture 5’s reusable systems.

Ownership or licensing of custom deliverables, domain registration, website access, export availability and transition support must be identified in the accepted order document. The client retains its rights in its own supplied materials. Any handover must respect applicable licenses, payment obligations, privacy requirements and platform limitations.

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 Automation

capture 5 may use authorized service providers for hosting, storage, email delivery, forms, scheduling, customer relationship management, payments, automation, AI-assisted processing, analytics, security, reporting, typed website chat and connected platform services.

Automated chat and response tools use configured information and may produce incomplete or inaccurate output. They support the agreed service and do not replace client review, professional judgment or an accepted order document. Client-specific information and permitted actions must be configured and kept accurate.

capture 5 remains responsible for its own obligations under the accepted agreement. It is not responsible for independent provider outages, processing delays, restrictions or failures outside its reasonable control. Material limitations affecting the agreed service will be addressed through the service relationship and any applicable order terms.

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, indexation, AI answer inclusion, citations, platform visibility, traffic, leads, bookings, 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.

SEO and AI Search Visibility describe the work performed to improve technical access, organization and business clarity. Search engines and AI systems independently decide whether, when and how a business appears. Chat availability or a captured lead does not guarantee a completed booking or sale.

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.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement where applicable. Nothing in this section prevents an individual from reporting a concern to a regulator, exercising a non-waivable legal right or seeking urgent relief permitted by law. The informal resolution period does not prevent either party from preserving a claim before a legal filing deadline.

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 and separately accepted 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, billing schedule, 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, accepted payment authorizations, 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

Use the capture 5 contact form for questions about these Terms, billing, cancellation or legal notices. Enter “Legal Notice,” “Cancellation Request” or “Billing Question” in the notes as appropriate.

Include the business name, relevant account or order, your authority to act for the business and enough information to identify the request. Do not include passwords, complete payment details or unnecessary sensitive information.

Formal service of legal process must follow applicable law and any legal-notice address identified in the accepted agreement. A contact form is not a substitute for legally required service of process.

capture 5 operates from New Jersey, United States.