Skip to content

Legal

AI Fair Use Policy

Last updated

Effective date: September 28, 2026

This AI Fair Use Policy (the "Policy") sets the rules for using the AI-powered features that CaptaFlow LLC ("CaptaFlow," "we," "us," or "our") builds or operates. It exists to keep these features fair, reliable, lawful, and available to every client, and to protect CaptaFlow from excessive or unlimited usage demands. By using CaptaFlow's AI features, you agree to this Policy.

1. Purpose

CaptaFlow's AI features are meant to improve operational efficiency, streamline workflows, and provide useful insight. AI features run on computing resources and third-party services that cost money and have limits, so access is provided at fair and reasonable levels rather than without limit.

2. Scope

This Policy applies to every AI-powered feature that CaptaFlow builds, configures, hosts, or operates for a client, including AI agents, chat and voice assistants, AI-driven automations and workflows, content and message generation, lead qualification and routing, summarization and analytics, and AI features inside custom applications (together, "AI Features"). It applies to the client that engages us and to its employees, contractors, and anyone else it permits to use the AI Features (together, "you").

This Policy is part of, and is read together with, your proposal, services agreement, or statement of work with CaptaFlow (your "Client Agreement"). If this Policy conflicts with your Client Agreement, the Client Agreement controls.

3. No unlimited usage

CaptaFlow does not guarantee unlimited AI usage under any plan, package, or engagement, whether free, included, or premium. Where your Client Agreement includes an AI allocation, that allocation is the amount included in your fees. Where it does not state an allocation, your usage must stay within fair use as described below.

4. How fair use is measured

We measure AI usage using one or more of the following, depending on the feature:

  • model usage, such as tokens processed or model requests;
  • conversations, messages, or calls handled by an AI agent;
  • automation or workflow runs that invoke an AI model;
  • minutes of AI voice or audio processing;
  • documents, records, or files processed or stored for AI use; and
  • the direct costs that third-party AI providers charge for your usage.

Usage is fair when it is consistent with the allocation in your Client Agreement or, if none is stated, with the normal, good-faith business use that the AI Feature was designed for and with the usage of comparable clients on a similar engagement. Usage is not fair if it degrades performance for others, drives costs materially above what the engagement was priced for, or results from errors, loops, or automated traffic that you created or could reasonably have prevented.

We may monitor AI usage to measure it, manage capacity, detect misuse, and enforce this Policy. Our usage records are the basis for any usage-based decisions or charges, absent manifest error.

5. When usage exceeds fair use

If your usage exceeds your allocation or fair use, we may, at our discretion:

  • contact you to discuss your usage and options;
  • apply monthly usage caps or rate limits, or throttle the affected AI Features;
  • offer expanded access through an upgraded plan or pay-per-use pricing; or
  • charge additional fees as set out in your Client Agreement or as otherwise agreed in writing.

Where practical, we will try to give you notice before applying caps or throttling. We may act without notice where needed to protect the AI Features, other clients, third-party provider accounts, or legal compliance.

6. Prohibited uses

You may not use the AI Features, or allow them to be used, to:

  • violate any law or regulation, or anyone's rights, including privacy, intellectual property, publicity, consumer protection, and anti-discrimination laws;
  • deceive or mislead people, including impersonating a person or business, hiding that a person is interacting with AI where disclosure is required, or creating fake reviews, testimonials, or endorsements;
  • harass, threaten, abuse, or intimidate anyone, or generate hateful, sexually explicit, or violent content;
  • make or carry out medical, legal, financial, insurance, employment, housing, or other high-risk decisions about individuals without meaningful review by a qualified human;
  • provide diagnoses, treatment recommendations, or other clinical advice to patients without appropriate professional oversight;
  • send spam, or send calls or text messages without the consent and other conditions required by law;
  • bypass, disable, or manipulate usage limits, rate limits, safety filters, or security measures, or create multiple accounts or workflows to avoid limits;
  • use any output of the AI Features to develop, train, or improve an AI model or product that competes with CaptaFlow or with our third-party AI providers;
  • upload, input, or process protected health information ("PHI") in any AI Feature unless a Business Associate Agreement signed by CaptaFlow covers that use, and then only as that agreement allows;
  • input sensitive personal information (such as financial account numbers, government identification numbers, or precise location) that is not necessary for the agreed use;
  • reverse engineer, extract, or attempt to discover the prompts, configurations, or underlying models of the AI Features, except as allowed by law; or
  • violate the usage policies of the third-party AI providers that power the AI Features.

7. Accuracy and human review

AI output can be inaccurate, incomplete, outdated, biased, or inappropriate, and it can sound confident when it is wrong. AI Features and their output are provided "as is" and "as available." CaptaFlow makes no representations or warranties that AI output is accurate, complete, reliable, or fit for any purpose, or that AI Features will be available without interruption or perform at any particular level.

You are responsible for reviewing AI output before relying on it or sending it to anyone, and for keeping appropriate human oversight of any AI Feature that communicates with your customers or influences decisions about them. AI output is not professional advice.

8. Third-party AI providers

AI Features rely on models and services from third-party providers. Your inputs and the resulting outputs are processed by those providers under their terms and policies, which may change. CaptaFlow is not responsible for the availability, performance, output, or data practices of third-party providers. We may change the provider, model, or version behind an AI Feature at any time, and a change may affect how the feature behaves. We will tell you which providers process your data if you ask.

9. Your responsibility for outputs and compliance

As between you and CaptaFlow, you are solely responsible for:

  • the data you provide to the AI Features and your right to provide it;
  • how you use, publish, or send AI output, and for any decisions made with it;
  • obtaining all consents and giving all notices required by law, including consent required under the Telephone Consumer Protection Act ("TCPA") and similar state laws before AI Features place calls or send text messages, the consent required for calls that use AI-generated or artificial voices, honoring opt-outs, and observing calling-time and do-not-call rules;
  • disclosing the use of AI or automated agents to your customers where law or platform rules require it;
  • compliance with HIPAA and other health privacy laws, advertising and marketing laws, professional licensing rules, and industry regulations that apply to your business; and
  • the claims and content in any messages or materials the AI Features generate on your behalf.

CaptaFlow configures and operates AI Features according to your instructions and approvals. CaptaFlow does not provide legal or compliance advice and does not determine what consents or disclosures your business needs.

10. Suspension and termination

We may throttle, suspend, restrict, or disable any AI Feature, in whole or in part, immediately and without liability, if we reasonably believe that you have violated this Policy, that your use creates legal, security, or reputational risk to CaptaFlow, our clients, or others, or that suspension is required by a third-party provider or by law. Attempts to bypass or manipulate limits may result in suspension or termination of the AI Features or of your services, as permitted by your Client Agreement. Where practical, we will tell you why and work with you to restore access once the issue is resolved.

11. Changes to AI Features and this Policy

AI technology changes quickly. We may modify, restrict, replace, or discontinue any AI Feature, and we may update this Policy at any time to reflect technological, legal, or business considerations. We will post the updated Policy on this page and change the "Last updated" date. Continued use of the AI Features after an update means you accept it.

12. Contact

For questions about AI Feature limits, or to request expanded access, contact us at info@captaflow.com or (410) 883-8332.