Terms & Conditions
These Terms & Conditions ("Terms") govern your access to and use of the Recapture Leads website, SaaS platform (including CRM, SMS automation, AI voice receptionist, calendars, workflows, and related services) provided by Recapture Leads ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Services and Subscription
We provide a white-labeled SaaS platform for lead recapture, appointment automation, SMS/voice workflows, and related CRM features. Access is provided on a subscription basis per the plan you select (Lite, Core, Pro, Elite — monthly or annual). Plan features and pricing are subject to change with reasonable notice.
Setup fees and recurring subscription fees are non-refundable except as expressly required by applicable law. All fees are stated in U.S. dollars.
2. Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials and notifying us immediately of any unauthorized access.
- All activity that occurs under your account.
- Ensuring that any end-user data (e.g., phone numbers, contacts) you upload or process complies with all applicable laws, including the TCPA, CAN-SPAM Act, A2P 10DLC registration requirements, HIPAA (where applicable), and applicable state privacy laws.
- Obtaining all necessary consents from your own customers before sending SMS messages or initiating automated calls on their behalf.
3. Acceptable Use
You agree not to:
- Use the Services for any illegal purpose or to transmit unlawful, harmful, or offensive content.
- Send unsolicited bulk SMS or calls (spam) or violate any anti-spam laws.
- Attempt to reverse engineer, decompile, copy, or create derivative works based on the platform.
- Share your account credentials with unauthorized users.
- Interfere with or disrupt the security, integrity, or performance of the Services.
- Use the Services to store or transmit content that infringes on intellectual property rights.
We reserve the right to suspend or permanently terminate accounts that violate these Terms, without notice or refund.
4. Billing and Payments
- Payments are processed securely via Stripe. By providing payment information, you authorize us to charge your payment method for all fees due.
- Subscriptions automatically renew on the billing anniversary date unless canceled before renewal.
- Cancellation takes effect at the end of the current billing period; no prorated refunds are issued.
- Late or failed payments may result in suspension of service without notice.
- You are responsible for all applicable taxes associated with your use of the Services.
- We reserve the right to adjust pricing with at least 30 days' notice. Continued use after a price change constitutes acceptance.
5. Intellectual Property
The platform, software, workflows, templates, content, branding, and all related technology are owned by Recapture Leads or its licensors and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services during your active subscription solely for your business purposes.
You retain ownership of your data and any custom workflows you create. By using the Services, you grant us a limited license to host, process, and display your data solely as needed to provide the Services.
6. Confidentiality
Each party agrees to keep the other's non-public business information confidential and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of the agreement.
7. AI Voice and Automation Disclaimer
Our AI voice receptionist and automation tools are provided as productivity aids. Results may vary based on your business configuration, call volume, and industry. We do not guarantee specific outcomes, conversion rates, or revenue increases from use of automated workflows or AI features. You are responsible for reviewing and complying with all applicable laws governing automated calls and messages in your jurisdiction.
8. Termination
You may cancel your subscription at any time via your account settings or by contacting support. We may terminate or suspend your access immediately and without notice for violation of these Terms, non-payment, or conduct we determine to be harmful to the platform or other users.
Upon termination, you will lose access to the platform. We may delete your data after a reasonable retention period (typically 30 days), subject to backup cycles and legal retention obligations. We are not liable for any loss of data following termination.
9. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECAPTURE LEADS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Recapture Leads and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.
Before initiating legal action, the parties agree to attempt good-faith resolution of any dispute within 30 days of written notice.
12. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms with a revised "Last Updated" date, and where appropriate, by email. Continued use of the Services after the effective date of changes constitutes acceptance of the updated Terms.
13. Entire Agreement
These Terms, together with our Privacy Policy and any applicable order forms or service agreements, constitute the entire agreement between you and Recapture Leads regarding the Services and supersede all prior agreements or understandings.
14. Contact Us
Questions about these Terms should be directed to:
Recapture Leads
Email: support@recaptureleads.com
Website: recaptureleads.com
United States