Terms and Conditions

Effective date: 2025-09-27

These Terms and Conditions ("Terms") govern your access to and use of CapitalOS websites and services, including capitalos.io, app.capitalos.io, our APIs, and integrations (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Services.

Contact: support@capitalos.io

1. Definitions

  • "CapitalOS", "we", "us", or "our" means the provider of the Services.
  • "Customer" means the organization or individual that creates an account to use the Services.
  • "User" means an individual who is authorized by Customer to use the Services.
  • "Customer Data" means data submitted to or collected by the Services from Customer or Users, including data obtained via integrations (e.g., Shopify, Meta, Slack).
  • "Documentation" means any online documentation we provide describing the Services.

2. Eligibility and Accounts

  • You must be at least 18 years old to use the Services.
  • You must provide accurate registration information and maintain the security of your account credentials.
  • Customers are responsible for Users’ actions and compliance with these Terms.

3. Subscriptions, Fees, and Billing

  • Access to certain features requires a paid subscription. Plan details (including seat counts) and pricing are shown at checkout or in your account.
  • You authorize us (or our payment processors) to charge all applicable fees using your selected payment method and to store that payment method for future charges.
  • Fees are non‑refundable except as required by law. Downgrades, cancellations, or seat reductions take effect at the end of the current billing period unless otherwise stated.
  • We may change prices or plan features with advance notice for the next billing cycle.

4. Trials and Betas

  • We may offer free trials or beta features. Trials and betas are provided "AS IS" without warranties and may be terminated at any time.

5. Acceptable Use

You agree not to (and not to allow anyone else to):

  • Use the Services in violation of law, third‑party rights, or platform policies (e.g., Meta, Shopify, Slack);
  • Reverse engineer or attempt to access non‑public areas or systems without authorization;
  • Overload, interfere with, or disrupt the integrity or performance of the Services;
  • Transmit malware or infringing, illegal, or harmful content;
  • Misuse personal data or send sensitive data types the Services are not intended to process.

6. Integrations and Third‑Party Services

  • The Services may integrate with third‑party platforms (e.g., Meta/Facebook/Instagram, Shopify, Slack). Your use of those platforms is governed by their terms and policies. We are not responsible for third‑party services.
  • Meta (Facebook/Instagram). When you enable Conversions API ("CAPI"), we may send server‑side events to your configured pixel/dataset on your behalf. Where user_data (e.g., email, phone) is used for matching, we apply SHA‑256 hashing prior to transmission as described in our Privacy Policy. We may query Marketing/Graph APIs to retrieve assets and insights you authorize. You must maintain required consents and notices to end users and comply with Meta Business Tools Terms.
  • Shopify. When you connect Shopify, we access store data per the scopes you grant (e.g., orders, line items, customer identifiers as configured). You must ensure lawful basis and compliance with Shopify’s policies.
  • Slack. When you connect Slack, we use the token you authorize to post messages to channels you designate.

7. Data Processing and Privacy

  • Our Privacy Policy (available at https://capitalos.io/en/legal/privacy-policy) explains how we collect, use, share, and protect information. It is incorporated into these Terms by reference.
  • As between you and us, you are responsible for the lawfulness of Customer Data and for obtaining any necessary consents or notices.
  • Where we process personal data as a processor/service provider on your behalf, we will process it only per your instructions and as described in the Privacy Policy.

8. Customer Data and License

  • You retain all rights to Customer Data. You grant us a non‑exclusive, worldwide, royalty‑free license to host, copy, process, transmit, and display Customer Data solely as necessary to provide and improve the Services, prevent abuse, and comply with law.
  • You represent that you have obtained all rights and permissions necessary to provide Customer Data to us and for us to use it as described.

9. CapitalOS IP

  • We and our licensors retain all rights, title, and interest in and to the Services, Documentation, and underlying technology, including all intellectual property rights. Except for the limited rights expressly granted in these Terms, no other rights are granted.
  • You may not copy, modify, create derivative works of, distribute, sell, or lease any part of the Services, nor reverse engineer or attempt to extract the source code, except to the extent laws prohibit those restrictions.

10. Feedback

  • If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use it without restriction or compensation.

11. Confidentiality

  • "Confidential Information" means non‑public information disclosed by one party to the other that is designated as confidential or that reasonably should be considered confidential under the circumstances. Customer Data is your Confidential Information.
  • Each party will protect the other’s Confidential Information using at least reasonable care and will use it only as permitted by these Terms. Obligations do not apply to information that is public, already known, independently developed, or lawfully obtained without restriction.

12. Security

  • We implement technical and organizational measures to help protect Customer Data, as described in our Privacy Policy. No system is perfectly secure. You are responsible for securing your accounts and devices.

13. Availability and Support

  • We strive for high availability but do not guarantee uninterrupted service. Scheduled and emergency maintenance may occur. Unless you have a separate signed agreement, no specific SLA is provided.

14. Warranties and Disclaimers

  • EXCEPT AS EXPRESSLY PROVIDED IN WRITING, THE SERVICES AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR‑FREE OR UNINTERRUPTED OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.

15. Limitation of Liability

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
  • THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

16. Indemnification

  • You will defend, indemnify, and hold harmless CapitalOS from and against any claims, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your use of the Services in violation of these Terms, law, or third‑party rights; (b) Customer Data; or (c) your integrations or connections to third‑party services.

17. Term and Termination

  • These Terms remain in effect while you access or use the Services.
  • You may stop using the Services at any time; to end a paid subscription, follow the cancelation process in your account. Termination does not entitle you to a refund unless required by law.
  • We may suspend or terminate access immediately if you materially breach these Terms, if necessary to prevent harm or fraud, or if required by law or platform providers.
  • Upon termination, your right to use the Services ends. We may delete or anonymize Customer Data after a reasonable period, subject to legal obligations and our Privacy Policy. Certain sections (e.g., IP, confidentiality, disclaimers, limitations, indemnity) will survive termination.

18. Changes to the Services and Terms

  • We may modify the Services, features, or policies to improve functionality, security, or compliance. We may update these Terms from time to time. Material changes will be posted with an updated Effective date. Your continued use of the Services after changes constitutes acceptance.

19. Governing Law and Dispute Resolution

  • These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws rules, and the courts located in Delaware shall have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Export and Anti‑Corruption

  • You represent that you are not located in or a resident of any country subject to U.S. embargo or sanctions. You agree to comply with all applicable export control and sanctions laws.
  • You warrant that you will comply with anti‑corruption and anti‑bribery laws and will not offer, give, solicit, or receive any bribe or improper payment.

21. Publicity

  • We may use your name and logo to identify you as a customer on our website and in marketing materials, in accordance with your trademark usage guidelines if provided. You may revoke this permission by emailing support@capitalos.io.

22. Miscellaneous

  • Entire Agreement. These Terms, together with any order forms and the Privacy Policy, are the entire agreement between you and us regarding the Services.
  • Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.
  • Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • No Waiver. Failure to enforce any provision is not a waiver of the right to do so later.
  • Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
  • Notices. We may provide notices to you via the Services, email, or your account contact details. You will send legal notices to support@capitalos.io.

If you have questions about these Terms, contact support@capitalos.io.