The Captasoft applications and websites (collectively the “Captasoft Properties”) are owned and operated by Interactive Ideas, Inc. (the “Company”). Captasoft manages a number of different consumer and privately hosted applications. This Terms of Service (TOS) is a legal agreement between you (an End User or End Users) and Interactive Ideas, Inc., a California corporation. By clicking I agree, installing, copying, or otherwise using any part of the Software, any associated media, any printed materials, or any "online" or electronic documentation, you agree to be bound by the terms of this TOS. If you do not agree to the terms of this TOS, please discontinue use of the software and the Interactive Ideas, Inc. family of websites.
Use of the Captasoft Properties is offered to you (“you” or “User”), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms" or "Agreement"). Your use of any of the Captasoft Properties constitutes your agreement to all such Terms. Please read this Agreement carefully.User Content
As a User of the Captasoft Properties, you may choose to enter data into your account(s) on the Captasoft Properties (the “User Account Entries”). You are responsible for maintaining the accuracy and confidentiality of your account(s) on the Captasoft Properties and restricting access to your mobile device and computer. The Company does not verify the accuracy of any user’s account Data.
If your vendor, lead supplier, MLS, cryptocurrency exchange, etc.. allows importing, exporting or synchronizing of account data with the Captasoft Properties, you may also choose to synchronize data from these other third party sites into your account(s) on the Captasoft Properties. You hereby certify to the Company that any information in your Account Data is owned by you or that you are validly authorized to carry out transactions regarding such Account Data.File Upload
Some Captasoft software allows the ability to upload files. Captasoft does not inspect any files you upload. It is your responsibility to ensure all files uploaded are free from viruses and comply with legal rules governing electronic content. If you make your files available to be downloaded by your customers, affiliates or other 3rd parties you assume all responsibility. You acknowledge and agree that Captasoft shall not assume or have any liability for any action or inaction by Captasoft with respect to any User Content.Sharing of Data
Captasoft software may allow Users the ability to share their account content with others publicly. You acknowledge and agree that any sharing of your account(s) and/or Account Data is optional and solely at your election. The Company shall not be responsible or liable for any information about your account(s) or Account Data that may become public as a result of your use of the sharing feature.No Unlawful or Prohibited Use
As a condition of your use of the Captasoft Properties, you warrant to The Company that you will not use the Captasoft Properties for any purpose that is unlawful or prohibited by these Terms. You may not use the Captasoft Properties in any manner which could damage, disable, overburden, or impair the Captasoft Properties or interfere with any other party's use of the Captasoft Properties. You are not to submit, post or upload any information or material that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.Limitations
In no event shall The Company or its partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Company’s websites or applications.Errata
The materials appearing on The Company's web site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The Company does not, however, make any commitment to update the materials.Links
The Captasoft Properties may contain links to other websites ("Linked Sites"), including links posted by other Users. The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company or any association with its operators.PLAY NICE POLICY
The Company reserves the right to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
All transactions using Captasoft’s services are between the transacting parties only. Any Third Party Services (including those integrated into CAPTASOFT) may contain features and functionalities linking you or providing you with certain functionality and access to third party content or services. However, Captasoft is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Captasoft shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible.
eSignature, or an electronic signature is the signing of documents digitally. These terms of Service apply to all users of the eSignature service. Users of the Service may be given access to tools that are specifically designed for collection and processing of signatures electronically, pursuant to the ESIGN act and state law. If you use the eSignature services, it is necessary that you and all other parties to any contemplated transaction accept additional terms to consent to use of electronic signatures in a transaction. Such additional terms are between various users of the Service, not between you and Captasoft. Furthermore, Captasoft is not a party to any transaction you may conduct involving the eSignature services. Captasoft is not responsible for links to third-party websites or terms made available through the eSignature service.
To ensure that the CAPTASOFT Services are used in accordance with all applicable laws and third party rights:
You will NOT use the CAPTASOFT Services in any manner that violates any applicable Law; and you will not attempt to bypass or break any security mechanism on any of the CAPTASOFT Services or using the CAPTASOFT Services in any other manner that poses a material security or service risk to CAPTASOFT or any of its other customers.
You will NOT to use the CAPTASOFT Services in any manner that causes a telecommunications provider to complain about your use to CAPTASOFT or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by CAPTASOFT to you.
You will NOT engage in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
You will NOT use the CAPTASOFT Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.
You will NOT use the CAPTASOFT Services to engage in, or in connection with fraudulent activity.
You will NOT use CAPTASOFT Service in the violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
You will NOT use the CAPTASOFT Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
You will NOT use CAPTASOFT Service to create a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
You will NOT attempt to use the CAPTASOFT Services to access or allow access to Emergency Services.
You will NOT use CAPTASOFT Service to have a high volume of unanswered phone calls or phone calls that are too short in duration (i.e., phone calls generally less than twelve (12) seconds in length).
You will comply with all Consent Requirements, including:
Reclaiming Phone Numbers
All phone numbers are subject to rules and restrictions imposed by telecommunications providers. In order to comply with such rules and restrictions, CAPTASOFT may, at its sole discretion, reclaim your phone numbers that do not have adequate usage, as determined by such telecommunications providers. CAPTASOFT, however, will use commercially reasonable efforts to (a) provide notice to you prior to any phone number reclamation and (b) to work with telecommunications providers to prevent the reclamation of any phone numbers.
The Company collects the minimum amount of information necessary to provide services. In some cases this may include billing information such as name and address. The Company will never rent, sell or share our customer’s personal information. The Company will never release your information unless required by law or is necessary to comply with a legal process.Ownership of Customer Accounts
All customer accounts are considered to be owned by the person who has their credit card or payment method on file for the account or has proof of payment submission. If the account is offered as a free service then the person controlling the email address used as the primary username is considered to be the owner of the customer account. It is recommended that an administrators or officer of the company maintain the credit card, Paypal, Bitcoin, username or other payment information for this reason.CAPTASOFT MAKES NO WARRANTIES
Captasoft goes to great lengths to ensure the reliability of our systems and the integrity of your data. Under no circumstances will Captasoft be held accountable for any loss of data, profit, or business interruption arising out of the use or inability to use any Captasoft Service. By becoming a Captasoft user you, the customer, acknowledge that you forfeit the right to hold Captasoft accountable for any and all technical errors.
Captasoft intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Captasoft may make changes and improvements to the information provided herein at any time. Captasoft provides its site and services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Captasoft, its affiliates, resellers, distributors, service providers and/or suppliers (each, a “Captasoft party,” and collectively, the “Captasoft parties”) make no representations, warranties or conditions, express or implied.CHANGES TO SERVICE
We may change the software and service or delete features at any time and for any reason. In addition, Captasoft is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the software and services, (2) any incompatibility between the software and services and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the software and services in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any software and services available from third parties through links.INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Captasoft, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you.TERMINATION OF SERVICE.
You may terminate your user account upon notice to Captasoft at any time. Termination requests may be received in writing or via email sent to billing@Captasoft.com. Only the owner of the account may request termination. The owner is of the account is the person can provide proof of payment, who has the credit card on file, or in the event it is a free service, the person who controls the email address used as the username. Prior to termination the User should download all needed data. After termination you may request your data, which Captasoft will make available for a fee. You must make such request within ten (10) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON CAPTASOFT’ SYSTEMS MAY NOT BE RETRIEVED, and The Company shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.PAYMENT OF FEES; AUTOMATIC RENEWAL
Captasoft offers services on a monthly and yearly basis. Scheduled charges will happen automatically unless the account is terminated. Captasoft reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us). For monthly billing Captasoft bills for services at the end of your billing cycle. For semi-annual and annual accounts Captasoft will bill in advance.
Payments for all fee based application accounts are due immediately upon billing. If the credit card or other payment method fails or payment is not received by the close of your billing date your account will be made inaccessible. The owner of the account may contact Captasoft within five (5) days of inactivation failure to request their account be reactivated. Failure to notify Captasoft within five (5) days will cause your account to be considered abandoned and your data will be purged. All account reactivations will be subject to a $50.00 administrative reactivation fee.The Company does NOT provide financial, legal, tax or investment advice.
Some of The Company’s software may offer tools to manage consumer debt, bankruptcy, mortgage, sales, leads, customer and/or cryptocurrency data. The Company’s software is for account and customer management services only and does not advise Users on the merits of any particular transactions, taxation or their consequences. By using the Captasoft Properties, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and all information inputted into any software is your responsibility. The Company gives you no warranty and assumes no fiduciary duty in its relations with you. You agree that the Company is not responsible for determining whether or which taxes apply to your transactions or records. Any reports provided which detail transactions are for your information only and should not be construed as advice. The Company has no way of determining the validity of your accounts, transaction or profits and cannot assume any responsibility.
Some Captasoft properties may provide information on interest rates, cryptocurrency pricing, or any other information. All such information is provided to you for informational purposes only and is not intended for trading or investment purposes. The Company does not endorse or promote any particular lender, institution or cryptocurrency and gives no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction you may enter into based on such information. The Company shall not be responsible or liable for any trading or investment decisions you make based on such information. You are solely responsible for determining whether any investment or transaction is appropriate for you based on your own independent research, your personal investment objectives, your financial situation, and risk tolerance.Disclaimer
The materials on all Captasoft Properties are provided "as is". The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of profit. Further, The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.