Updated October 1, 2024
These Terms of Service ("Terms") govern access to and use of CAPXEL's websites, products, software, analytics, AI-enabled tools, tracking tags, and related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization.
By using the Services, you agree to comply with these Terms and all applicable laws and regulations. If you do not agree, do not use the Services.
CAPXEL provides data intelligence and marketing enablement services, including AI-enabled tools and products, analytics, identity resolution, enrichment, and tracking tags or scripts that may be placed on client properties to support measurement and related functionality. Services may change over time.
Some Services require an account. You are responsible for maintaining the confidentiality of account credentials and for all activity under your account. You must promptly notify CAPXEL of any unauthorized use or security incident.
Fees may be subscription-based or one-time, and are as set forth in a signed order form, statement of work, master services agreement, or other written agreement with CAPXEL. Access to paid Services may require execution of a signed agreement.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not:
CAPXEL's processing of information is described in our Privacy Policy. Where CAPXEL provides AI-enabled features, CAPXEL intends to anonymize or de-identify personal information before using it within AI workflows, where feasible and appropriate for the feature.
CAPXEL and its licensors own the Services, including all software, technology, documentation, and CAPXEL data and deliverables unless otherwise stated in a signed agreement. Subject to these Terms and payment of applicable fees, CAPXEL grants you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes.
You are responsible for your use of the Services, for ensuring your Authorized Users comply with these Terms, and for obtaining all necessary rights, permissions, and consents for data you provide to CAPXEL.
CAPXEL may suspend or terminate access to the Services if you breach these Terms, if required by law, or to protect the security and integrity of the Services. Termination does not relieve payment obligations incurred prior to termination.
Any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Florida, unless otherwise required by law. You and CAPXEL waive the right to a jury trial.
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.
We may update these Terms from time to time. If we make material changes, we will post the updated Terms and update the effective date. Continued use of the Services after the change becomes effective constitutes acceptance.
Questions about these Terms can be sent to legal@capxel.com.
This Part 2 contains additional, MSA-style terms that may apply when a customer enters into a signed agreement with CAPXEL (such as an order form, statement of work, or master services agreement). In the event of a conflict, the signed agreement controls.
The following definitions apply for purposes of these ToS, unless otherwise defined in a signed agreement:
CAPXEL will provide the CAPXEL Services as described in the applicable order form, statement of work, or Documentation. Client is responsible for configuration choices and for ensuring use is compliant with law.
CAPXEL may process Client Data to provide the Services and to maintain and improve CAPXEL Technology, subject to contract restrictions. Where feasible for AI features, CAPXEL intends to anonymize or de-identify personal information before AI processing.
Client retains ownership of Client Data and Client Materials. CAPXEL retains ownership of CAPXEL Technology, CAPXEL Data, and any general-purpose improvements, methods, or learnings. Subject to the agreement and payment of fees, CAPXEL grants Client a limited, non-exclusive, non-transferable license to use the CAPXEL Services and Deliverables for Client's internal business purposes.
Each party may receive Confidential Information from the other. Each party will protect the other's Confidential Information using reasonable care and will use it only to perform under the agreement. Confidential Information does not include information that is publicly available through no fault of the receiving party.
Except as expressly stated in a signed agreement, the Services are provided "as is" and "as available". CAPXEL disclaims all implied warranties to the maximum extent permitted by law, including merchantability, fitness for a particular purpose, and non-infringement. Data and AI outputs may be probabilistic and may contain errors.
To the maximum extent permitted by law, CAPXEL will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. CAPXEL's total liability will be limited as set forth in the signed agreement or, if not specified, to the amounts paid by Client for the Services giving rise to the claim during the 12 months preceding the event.
Either party may terminate as set forth in the signed agreement. Upon termination, Client's right to use the Services ends, and Client must stop using the Services and delete or return CAPXEL Confidential Information as required.
If there is a conflict between these Terms and an executed order form or MSA, the executed agreement controls for the relevant Services.
For legal inquiries: legal@capxel.com.
