1. Acceptance of terms
By accessing or using Captura Engine's website, platform, or services (collectively, the "Services"), you agree to be bound by these Terms and Conditions. If you do not agree, do not use the Services. These terms apply to all users, including businesses, agencies, and individual users. The Services are operated by Gibson Technologies LLC ("Company", "we", "us", or "our").
2. Description of services
Captura Engine provides AI-powered marketing automation and lead generation services, including but not limited to:
Automated SMS and email lead follow-up workflows
AI-driven lead reactivation campaigns
Appointment booking automation
CRM integration and pipeline management tools
Reporting and analytics dashboards
We reserve the right to modify, suspend, or discontinue any feature of the Services at any time with reasonable notice.
3. Eligibility and accounts
You must be at least 18 years old and authorized to enter into binding contracts to use our Services. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access.
4. Permitted use and restrictions
You agree to use the Services only for lawful business purposes. You may not:
Send unsolicited messages in violation of applicable laws, including the TCPA, CAN-SPAM Act, or Texas Mini-TCPA
Use the Services to contact individuals who have opted out or requested not to be contacted
Misrepresent your identity, business, or affiliation in any automated communications
Reverse-engineer, copy, or resell any part of our platform without written consent
Upload or transmit data that is fraudulent, defamatory, or that you do not have the right to use
Use the Services in any manner that violates the rights of any third party
5. SMS and email compliance
You acknowledge that you are solely responsible for ensuring that all SMS and email campaigns conducted through our Services comply with applicable federal and state laws, including the Telephone Consumer Protection Act (TCPA), Texas Business & Commerce Code (Texas Mini-TCPA, effective September 1, 2025), and CAN-SPAM regulations.
By using our messaging features, you represent and warrant that:
You have obtained all required consents from recipients prior to sending messages
You will honor all opt-out requests promptly and in accordance with applicable law
Your contact lists are lawfully obtained and compliant with applicable data protection laws
You will not use our platform to send spam, phishing messages, or deceptive content
Gibson Technologies LLC is not liable for any regulatory fines, penalties, or claims arising from your use of our messaging tools.
6. Fees and payment
Access to certain features requires a paid subscription or performance-based fee arrangement as described in your service agreement. All fees are due in accordance with the billing terms established at sign-up. We reserve the right to suspend or terminate access for non-payment. Fees are non-refundable except as expressly stated in your service agreement or required by law.
7. Intellectual property
All content, software, workflows, AI configurations, and technology comprising the Services are the proprietary property of Gibson Technologies LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes only. You retain ownership of your own data and content uploaded to the platform.
8. Data and privacy
Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described therein. You are responsible for obtaining all necessary consents from your own contacts and customers before submitting their data to our platform.
9. Disclaimer of warranties
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that results obtained will meet your expectations. AI-generated content and automated communications may contain errors, and you are responsible for reviewing all output before use.
10. Limitation of liability
To the maximum extent permitted by applicable law, Gibson Technologies LLC and its affiliates, officers, members, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, lost leads, or business interruption, arising from your use of or inability to use the Services, even if advised of the possibility of such damages. Our total liability for any claim shall not exceed the fees paid by you in the three months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Gibson Technologies LLC and its affiliates, members, officers, and employees from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights, including applicable messaging and privacy laws.
12. Termination
Either party may terminate a service relationship at any time in accordance with the applicable service agreement. Gibson Technologies LLC reserves the right to suspend or terminate your access immediately if you violate these Terms, without refund. Upon termination, your right to use the Services ceases and you must stop using all Captura Engine technology and workflows.
13. Governing law and disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in Harris County, Texas, with Gibson Technologies LLC as the named respondent, except that either party may seek injunctive relief in a court of competent jurisdiction.
14. Changes to these terms
We may update these Terms from time to time. We will post the revised version at capturaengine.com/terms with an updated effective date. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.