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Terms & Conditions

Last updated

Effective date: September 28, 2026

These Terms and Conditions (the "Terms") are a binding agreement between you and CaptaFlow LLC, a Maryland limited liability company ("CaptaFlow," "we," "us," or "our"). They govern your access to and use of captaflow.com and any related pages, forms, and communications that link to these Terms (together, the "Website").

Please read Section 19 carefully. It requires most disputes to be resolved through binding individual arbitration, and it waives your right to a jury trial and to participate in a class action.

1. Acceptance of these Terms

By accessing or using the Website, submitting a form, or booking a call, you agree to these Terms, our Privacy Policy, our AI Fair Use Policy, and our SMS Terms, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Website.

If you use the Website on behalf of a company or other organization, you represent that you are authorized to accept these Terms on its behalf, and "you" includes that organization.

2. Eligibility and business use

The Website is intended for businesses and business professionals. You may use it only if you are at least 18 years old and able to form a binding contract. By using the Website, you represent that you meet these requirements and that any information you provide is accurate, current, and complete. The Website is not directed to consumers for personal, family, or household purposes.

3. Services are governed by separate agreements

The Website describes CaptaFlow's services, which may include marketing, advertising management, CRM and platform management, automation, analytics and reporting, AI agents, and custom applications (the "Services"). Nothing on the Website is an offer that can be accepted to form a contract for Services.

All Services are provided only under a separate written agreement signed or accepted by CaptaFlow, such as a proposal, services agreement, or statement of work (a "Client Agreement"). If these Terms conflict with a Client Agreement, the Client Agreement controls for the Services it covers. Descriptions of services, engagement models, and pricing on the Website are general information, may change without notice, and are not binding until set out in a Client Agreement. No payments are taken on the Website.

4. No professional advice

Content on the Website, including blog posts, case studies, books, resources, and any information shared during an introductory call, is provided for general informational purposes only. It is not legal, medical, financial, tax, accounting, or regulatory advice, and it is not a substitute for advice from a qualified professional who knows your situation. Marketing and growth content is general in nature and may not suit your business. You are responsible for your own decisions and for obtaining professional advice where appropriate. No attorney-client, physician-patient, fiduciary, or advisory relationship is created by your use of the Website.

5. Results disclaimer

Case studies, client results, statistics, testimonials, and examples on the Website describe past outcomes for specific businesses under specific conditions. They are illustrative only. Past results do not guarantee future results. Outcomes depend on many factors outside our control, including your market, offer, pricing, budget, staff, sales process, and follow-through. Some examples, mockups, and figures shown on the Website are simplified or illustrative and are identified in context where practicable. We do not promise or guarantee any particular level of leads, revenue, return on ad spend, ranking, or other result.

6. Intellectual property

The Website and all of its content, including text, graphics, designs, layouts, logos, images, video, software, code, and the selection and arrangement of those materials, are owned by CaptaFlow or its licensors and are protected by copyright, trademark, and other intellectual property laws.

CaptaFlow®, the CaptaFlow logo, and our other names, logos, and slogans are trademarks of CaptaFlow LLC. You may not use them without our prior written permission. Third-party names, logos, and marks shown on the Website (including client and partner logos) belong to their respective owners, and their display does not imply endorsement beyond what is stated.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Website for your internal business evaluation of CaptaFlow. You may not copy, reproduce, modify, distribute, publicly display, sell, create derivative works from, or otherwise exploit any Website content without our prior written consent, except that you may print or save a reasonable number of pages for your own internal reference if you keep all proprietary notices intact. All rights not expressly granted are reserved.

7. Your submissions and feedback

When you submit information through the Website (for example, through a partner inquiry, booking form, or email), you grant CaptaFlow a non-exclusive, worldwide, royalty-free, perpetual license to use, store, copy, and process that information to respond to you, evaluate a potential relationship, provide and improve our Services, and operate our business, consistent with our Privacy Policy.

If you send us ideas, suggestions, or feedback about the Website or Services ("Feedback"), you agree that we may use the Feedback for any purpose without restriction or compensation to you, and that Feedback is not confidential.

You represent that you have the rights needed to submit your information and that it does not violate any law or any third party's rights. Do not submit confidential information, trade secrets, or protected health information through the Website. Unless a signed written agreement says otherwise, no confidential relationship is created by a submission.

8. Acceptable use

You agree not to, and not to help anyone else to:

  • use the Website in violation of any law or regulation, or for any fraudulent, deceptive, or harmful purpose;
  • submit false, misleading, or impersonating information, or submit another person's information without authority;
  • access or attempt to access any system, account, or data you are not authorized to access, or probe, scan, or test the vulnerability of the Website;
  • interfere with or disrupt the Website, including by introducing malware, overloading infrastructure, or submitting automated or spam form entries;
  • scrape, crawl, harvest, or collect content or data from the Website by automated means, except for standard search engine indexing that follows our robots.txt file;
  • use Website content to train, fine-tune, or benchmark artificial intelligence or machine learning models without our written consent;
  • copy, frame, or mirror any part of the Website, or reverse engineer any software on it, except to the extent that restriction is prohibited by law; or
  • remove or alter any proprietary notice.

We may investigate and take any action we consider appropriate in response to a violation, including blocking access and reporting to law enforcement.

9. Third-party links and tools

The Website may link to or include tools from third parties, such as scheduling tools, booksellers, analytics and advertising providers, and platforms we partner with. We do not control and are not responsible for third-party websites, tools, content, products, or privacy practices, and a link does not mean we endorse them. Your use of third-party services is at your own risk and is governed by their terms and policies.

10. HIPAA and protected health information

CaptaFlow is not a covered entity under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). CaptaFlow will act as a business associate and sign a Business Associate Agreement ("BAA") only when a client requests one in writing and CaptaFlow agrees to and signs it.

Unless a BAA signed by CaptaFlow is in effect, you must not transmit, upload, or disclose protected health information ("PHI") through the Website or in connection with the Services. The Website is not designed to receive PHI. Each client is solely responsible for its own compliance with HIPAA and all other laws and regulations that apply to its business, including health privacy, consumer protection, advertising, and professional licensing rules, and for determining whether a BAA is required for its use of the Services. CaptaFlow is not responsible for PHI or other regulated data provided in violation of this Section.

11. SMS messaging

If you provide a mobile number and opt in to receive text messages from CaptaFlow, our SMS Terms apply to those messages. Consent to receive text messages is not a condition of purchase.

12. Privacy

Our Privacy Policy explains how we collect, use, and share personal information through the Website. You can change your cookie choices at any time through the "Your Privacy Choices" link in the footer.

13. Changes to the Website

We may change, suspend, or discontinue any part of the Website at any time without notice or liability. We do not guarantee that the Website will be available, uninterrupted, timely, secure, or error-free, or that its content is complete or current.

14. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CAPTAFLOW DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CAPTAFLOW DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR PRODUCE ANY PARTICULAR RESULT. ANY WARRANTIES FOR SERVICES ARE ONLY THOSE STATED IN A CLIENT AGREEMENT.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) IN NO EVENT WILL CAPTAFLOW OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS (THE "CAPTAFLOW PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

(b) THE TOTAL LIABILITY OF THE CAPTAFLOW PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100) OR (ii) THE AMOUNTS YOU PAID TO CAPTAFLOW FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. IF A CLIENT AGREEMENT CONTAINS A DIFFERENT LIMITATION OF LIABILITY FOR THE SERVICES IT COVERS, THAT LIMITATION CONTROLS FOR THOSE SERVICES.

(c) THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND STATUTE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(d) NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR FRAUD, OR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE THE LAW DOES NOT PERMIT IT TO BE LIMITED. IN JURISDICTIONS THAT DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT PERMITTED BY LAW.

You agree that these limitations are an essential part of the bargain between you and CaptaFlow and that we would not make the Website available without them.

16. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the CaptaFlow Parties from and against all claims, demands, actions, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Website; (b) your violation of these Terms or any policy incorporated into them; (c) your violation of any law or any third party's rights, including privacy, intellectual property, and publicity rights; (d) any information or content you submit, including any PHI or other regulated data submitted in violation of Section 10; and (e) your business's messaging, advertising, or data practices, including under the Telephone Consumer Protection Act and similar laws. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. You may not settle any matter that affects a CaptaFlow Party without our prior written consent.

17. Termination

We may suspend or terminate your access to the Website at any time, for any reason or no reason, without notice or liability. Sections 4 through 7, 9, 10, and 14 through 23 survive any termination, together with any other provision that by its nature should survive.

18. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Website are governed by the laws of the State of Maryland, without regard to its conflict of laws rules, and, where applicable, the Federal Arbitration Act. Subject to Section 19, you and CaptaFlow consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Maryland, and waive any objection based on inconvenient forum.

19. Dispute resolution, arbitration, and class action waiver

(a) Informal resolution first. Before starting any arbitration or court proceeding, the party raising a dispute must send the other a written notice describing the dispute and the relief requested. Notices to CaptaFlow go to info@captaflow.com and to CaptaFlow LLC, 6004 Lakehurst Drive, Baltimore, MD 21210. The parties will try in good faith to resolve the dispute informally for at least 30 days after the notice is received. Any limitations period is tolled during this 30-day period.

(b) Binding arbitration. If the dispute is not resolved within that period, any dispute, claim, or controversy arising out of or relating to these Terms or the Website, including questions about the scope, validity, or enforceability of this Section, will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator, in English, in the State of Maryland, unless the parties agree otherwise or agree to proceed by video conference or written submissions. The arbitrator may award any individual relief that a court could award, and judgment on the award may be entered in any court with jurisdiction. Each party bears its own attorneys' fees and costs, except as the AAA rules or applicable law provide otherwise or the arbitrator finds a claim or defense frivolous.

(c) Class action and jury trial waiver. YOU AND CAPTAFLOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person or preside over any form of class or representative proceeding. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND CAPTAFLOW WAIVE ANY RIGHT TO A JURY TRIAL.

(d) Exceptions. Either party may (i) bring an individual claim in small claims court if it qualifies and stays there, and (ii) seek temporary, preliminary, or permanent injunctive or other equitable relief in court to protect its intellectual property, confidential information, or the security of the Website, without first following the informal resolution process.

(e) Severability of this Section. If the class action waiver in Section 19(c) is found unenforceable as to a claim, that claim must be severed and brought in court under Section 18, and the rest of this Section still applies to all other claims. If any other part of this Section is found unenforceable, the remainder will be enforced to the fullest extent possible.

(f) Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Website must be brought within one (1) year after the claim arises, or it is permanently barred.

20. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and change the "Last updated" date. Changes take effect when posted, except that changes to Section 19 will not apply to any dispute of which we had actual notice before the change. Your continued use of the Website after changes are posted means you accept the updated Terms.

21. Severability and waiver

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

22. Entire agreement and general terms

These Terms, together with the policies incorporated by reference, are the entire agreement between you and CaptaFlow about the Website and supersede any prior understandings about it. They do not replace any Client Agreement, which governs the Services it covers. You may not assign these Terms without our prior written consent; we may assign them without restriction. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. We are not liable for any delay or failure caused by events beyond our reasonable control. Headings are for convenience only, and "including" means "including without limitation."

23. Contact

Questions about these Terms can be sent to:

CaptaFlow LLC
6004 Lakehurst Drive, Baltimore, MD 21210
Email: info@captaflow.com
Phone: (410) 883-8332