Terms and Conditions | Call Capture

1. Acceptance of Terms

By using our Services, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Call Capture provides digital marketing and communication services, including but not limited to:

AI-powered receptionist services and phone call automation
SMS and text message marketing and communication
Email marketing and automation
Local search engine optimization (SEO)
Digital marketing strategy and consulting

SMS Services and Use Cases: Our SMS messaging services enable you to:

Send appointment reminders and confirmations
Deliver booking notifications and status updates
Provide customer service and support communications
Conduct surveys and collect customer feedback
Automate follow-up sequences and nurture campaigns
Automate follow-up sequences and nurture campaigns

All SMS communications sent through our Services must comply with applicable telecommunications laws, including obtaining prior express written consent from recipients.

3. Account Registration and Security

To access certain features of our Services, you may be required to create an account. You agree to:

Provide accurate, current, and complete information during the registration process
Maintain and promptly update your account information
Maintain the security and confidentiality of your account credentials
Notify us immediately of any unauthorized access to or use of your account

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity.

4. Use of Services

4.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

Violate any applicable local, state, national, or international law or regulation
Send unsolicited or unauthorized advertising, spam, or any other form of solicitation
Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services

4.2 Compliance with Communication Laws

You acknowledge and agree that when using our SMS, email, or AI phone call services, you are solely responsible for compliance with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable state laws. You must obtain proper consent from recipients before sending communications through our Services.

4.3 SMS Messaging Terms

When using our SMS messaging services, the following terms apply:

Consent Requirements: You must obtain prior express written consent from recipients before sending any marketing or promotional text messages. For transactional messages (appointment reminders, order confirmations, etc.), you must have an established business relationship and provide clear opt-out instructions. Message Frequency: Message frequency varies based on user activity and your configuration. Recipients should be informed of expected message frequency at the time of opt-in. Opt-Out Instructions: All marketing messages must include clear opt-out instructions. Recipients can text STOP to unsubscribe, HELP for assistance. You must honor opt-out requests immediately and are responsible for maintaining your own suppression lists. Message and Data Rates: Standard message and data rates may apply to recipients based on their mobile carrier plan. You must disclose this to recipients at the time of opt-in (e.g., "Message and data rates may apply"). Carrier Liability Disclaimer: Mobile carriers are not liable for delayed or undelivered messages. Neither you nor Call Capture can guarantee message delivery. Supported Carriers: Our SMS services work with major U.S. carriers including AT&T, T-Mobile, Verizon Wireless, Sprint, Boost Mobile, MetroPCS, U.S. Cellular, and others. International carrier support may vary. Prohibited Content: You may not send messages containing illegal content, fraud, phishing attempts, malware, hate speech, sexually explicit material, or content that violates third-party rights. Your Responsibilities:

You are solely responsible for:

Obtaining and documenting proper consent from recipients
Providing accurate opt-in disclosures including message frequency and data rate notices
Honoring opt-out requests within 24 hours
Maintaining compliant opt-in records for at least 4 years
Ensuring message content complies with all applicable laws

Customer Support: Recipients of messages sent through our Services can contact support@callcapture.co for assistance or to report issues.

5. Payment and Billing

5.1 Fees

You agree to pay all fees associated with your use of the Services as described in your service agreement or as posted on our website. All fees are non-refundable unless otherwise stated in writing.

5.2 Billing

We may bill you through an online billing account, credit card, or other payment method agreed upon. You authorize us to charge your designated payment method for all fees incurred. If your payment method fails or your account is past due, we may suspend or terminate your access to the Services.

5.3 Price Changes

We reserve the right to change our pricing at any time. We will provide you with reasonable notice of any price changes. Your continued use of the Services after a price change constitutes your acceptance of the new pricing.

6. Intellectual Property Rights

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Vireo Media, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any content from the Services without our prior written consent.

7. User Content and Data

7.1 Your Content

You retain ownership of any content, data, or information you submit through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Services.

7.2 Content Responsibility

You are solely responsible for the User Content you submit and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all User Content as necessary to provide the Services.

8. Data Collection and Privacy

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

9. Third-Party Services and Links

Our Services may contain links to third-party websites or services that are not owned or controlled by Vireo Media, LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

10. AI Technology and Automated Communications

Our Services utilize artificial intelligence (AI) and automated systems to conduct phone calls, send messages, and manage communications on your behalf. While we strive for accuracy and effectiveness, AI systems may occasionally produce unexpected results. You acknowledge that:

AI-generated responses may not always be perfect or appropriate for every situation
You are responsible for monitoring and reviewing AI-generated communications
You should configure and customize AI settings to align with your business needs and legal requirements
We are not liable for any consequences arising from AI-generated content or communications

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIREO MEDIA, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of or inability to access or use the Services
Any conduct or content of any third party on the Services
Any content obtained from the Services
Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless Vireo Media, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. You may terminate your account at any time by contacting us at support@callcapture.co.

All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Sheridan, Wyoming, or remotely via videoconference. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by posting the new Terms on our website and updating the "Effective Date" at the top of these Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

18. Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Vireo Media, LLC concerning the Services and supersede all prior or contemporaneous understandings and agreements.

20. Contact Information

Questions About These Terms?

Vireo Media, LLC (DBA: Call Capture) 30 N Gould St Ste R
Sheridan, WY 82801
Email: support@callcapture.co