Terms of Service

Effective Date: April 14, 2026 · Last Updated: April 14, 2026

These Terms of Service (“Terms”) govern your access to and use of the website located at https://totalcaptureai.com (the “Site”) and the services provided by Total Capture AI LLC, doing business as Total Capture (“Total Capture AI,” “we,” “us,” or “our”). By accessing the Site or using our services, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.

1. Services Description

Total Capture AI provides AI-powered lead capture, phone answering, business automation, website, and reputation management services (collectively, the “Services”) to service businesses. Specific features, deliverables, and limitations of each plan are described on our Site and in the order or service agreement you enter into with us.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Site or Services. By using the Site or Services, you represent and warrant that you meet these requirements.

3. Accounts

To access certain features of the Services, you may need to create an account or provide business information. You agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your information as necessary;
• Keep your credentials confidential and secure;
• Notify us immediately of any unauthorized access or use of your account;
• Be responsible for all activity that occurs under your account.

4. Fees, Billing & Payment

Fees for the Services are set forth on our Site, in your order form, or in a signed service agreement. Unless otherwise stated:

• Subscription fees are billed monthly in advance and are non-refundable.
• Setup fees are billed at the start of service and are non-refundable once work has commenced.
• Usage overages (e.g., SMS, voice minutes beyond plan limits) may be billed separately at the rates disclosed in your agreement.
• Payment method: You authorize us to charge your designated payment method on a recurring basis for all fees owed. Payments are processed by our third-party payment processor (Stripe).
• Late payments: Services may be suspended or terminated if payment is more than 10 days past due. You remain responsible for all fees incurred through the date of termination.

5. Cancellation & Termination

You may cancel your subscription at any time by providing written notice to hello@totalcaptureai.com. Cancellation takes effect at the end of your current billing cycle. We do not provide refunds for partial months of service.

We reserve the right to suspend or terminate your access to the Services, with or without notice, for any violation of these Terms, non-payment, or conduct that we believe is harmful to us, other customers, or third parties.

Upon cancellation or termination:

• Your access to the Services, including any hosted website, dashboard, phone number, and workflows, will be discontinued;
• We may delete your data and content after a reasonable transition period;
• Any provisioned phone numbers and assets hosted on our platform are the property of the platform and do not transfer with cancellation unless expressly agreed in writing.

6. Acceptable Use

You agree not to use the Site or Services to:

• Violate any applicable law, regulation, or third-party right;
• Send unsolicited commercial messages (spam), phishing, or fraudulent communications;
• Send messages to recipients who have not provided prior express consent;
• Transmit harmful code, malware, or viruses;
• Interfere with or disrupt the integrity or performance of the Services;
• Attempt to gain unauthorized access to the Services or related systems;
• Use the Services for illegal, harmful, defamatory, obscene, or infringing purposes;
• Resell or sublicense the Services without our prior written consent.

7. SMS & Communications Compliance

If you use our Services to send SMS or voice communications to your own customers, you agree that:

• You will obtain prior express written consent from each recipient before sending marketing messages, in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and all applicable laws;
• You will honor opt-out requests (STOP, UNSUBSCRIBE) immediately;
• You will include clear sender identification and opt-out instructions in every message;
• You are solely responsible for the content you send and for compliance with carrier rules, A2P 10DLC requirements, and industry standards;
• You will indemnify and hold us harmless from any claims, fines, or damages arising from your use of the communications features.

8. Intellectual Property

All content, features, and functionality of the Site and Services, including text, graphics, logos, software, and design, are owned by Total Capture AI or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Site or Services without our prior written consent.

You retain ownership of the content and data you provide to us. By submitting content to the Services, you grant us a worldwide, royalty-free license to use, store, process, and display that content solely for the purpose of providing the Services to you.

9. Third-Party Services

The Services integrate with or depend on third-party platforms and providers, including payment processors, communications carriers, and hosting providers. We are not responsible for the availability, accuracy, or performance of any third-party service. Your use of third-party services may be subject to separate terms.

10. Disclaimers

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless Total Capture AI, its officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; (d) any content or data you submit; and (e) any communications you send through the Services.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Services will be resolved exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of those courts.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will revise the “Last Updated” date and, where appropriate, notify you by email or a prominent notice on the Site. Your continued use of the Site or Services after changes become effective constitutes acceptance of the revised Terms.

15. Miscellaneous

• Entire agreement: These Terms, together with any order form, service agreement, or Privacy Policy referenced herein, constitute the entire agreement between you and Total Capture AI regarding the Site and Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: Our failure to enforce any right or provision will not be deemed a waiver.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Us

Questions about these Terms? Contact us:

Total Capture AI LLC
4030 Wake Forest Road, STE 349
Raleigh, NC 27609
Email: hello@totalcaptureai.com