1. Agreement and acceptance
These Terms of Service ("Terms") are a binding agreement between Capo Marketing Ltd ("Capo", "we", "us") and the organisation or person using the platform ("you", "Customer"). By creating an account, clicking to accept, or using Capo, you agree to these Terms. If you accept on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation.
2. Definitions
- Platform — the Capo web application, APIs, and related services at capo.marketing.
- Customer Data — data you load into or connect to the Platform, including personal data about your own contacts.
- Output — strategy, copy, designs, campaign structures and other material the Platform generates from your inputs.
- Connected Service — a third-party service you link to Capo, such as a CRM, LinkedIn, Google or Webflow.
- Credits — the metered units consumed when you run generation features.
3. The service
Capo learns your business from your inputs and connected sources, proposes a marketing strategy, builds campaigns and content, and can push campaign structures to Connected Services. Features requiring spend or publication are gated behind an explicit confirmation from you. We may improve, change or discontinue features; if we materially reduce the core service we will give reasonable notice.
4. Accounts and eligibility
You must be at least 18 and use Capo for business purposes. You are responsible for your account, for keeping credentials secure, and for the activity of everyone you allow to use it. Tell us promptly of any unauthorised use. Provide accurate account information and keep it up to date.
5. Plans, credits, trials and billing
Subscriptions and credits — Paid plans are billed in advance on a recurring basis and include a monthly credit allowance and a number of live campaigns and seats. Credits reset each billing cycle and, unless stated otherwise, do not roll over. You can buy additional credit top-ups.
Trials — Free trials run for the stated period ([e.g. 7 days]) and may not require a card. At the end of a trial, unless you subscribe, your access to paid features ends.
Renewals, changes and cancellation — Subscriptions renew automatically for the same period until cancelled. You may cancel at any time, effective at the end of the current period. We may change prices on reasonable notice, taking effect at your next renewal.
Refunds — Except where required by law, fees and used credits are non-refundable. [state your refund policy here].
Late or failed payment — If payment fails, we may suspend the service until it is resolved.
6. Your data and content
As between you and Capo, you own your Customer Data and the Output generated for you. You grant us a licence to host, process and use your Customer Data and inputs solely to provide and secure the Platform and to generate Output for you. Where we process personal data on your behalf, we do so as your processor under our Data Processing Agreement, which forms part of these Terms.
Your responsibilities and warranties —
- You have the right to load and use all Customer Data you provide, including any personal data about your contacts, and a lawful basis to run marketing to those people.
- You will comply with all laws that apply to your marketing, including data protection, e-privacy, advertising and platform rules.
- You are responsible for obtaining any consents and providing any notices your contacts are owed.
7. AI-generated output — review before you ship
Output is generated by AI from your inputs and may be inaccurate, incomplete, or unsuitable. It is a starting point, not finished, approved or legally-checked work. You are responsible for reviewing, editing and approving all Output before you publish it, send it, or spend any budget.
Capo does not guarantee any particular marketing result, ranking, reach, conversion or return, and is not liable for the performance of campaigns or for ad spend you choose to commit. Output may be similar to material generated for others; we make no warranty that Output is unique or non-infringing, and you should check it before use.
8. Connected services
When you link a Connected Service, you authorise Capo to access it as needed to provide features, within the permissions you grant. Your use of each Connected Service remains subject to that provider's own terms.
We are not responsible for Connected Services, their availability, or changes they make to their platforms or APIs. Campaign structures we create on ad platforms are created in a paused state and require your action to go live and spend.
9. Acceptable use
You must not: use Capo to send unlawful, deceptive or unsolicited communications; upload data you have no right to use; infringe others' rights; probe, disrupt or reverse-engineer the Platform; resell or provide the Platform to third parties except as permitted; or use it to build a competing product.
We may suspend accounts that put the Platform, other users, or third parties at risk.
10. Intellectual property
Capo and its licensors own the Platform, its software, models, look and feel, and all related IP. These Terms grant you a limited, non-exclusive, non-transferable right to use the Platform during your subscription.
You keep your rights in your Customer Data and Output as described above. If you send us feedback, we may use it without restriction.
11. Confidentiality
Each party may receive confidential information from the other. The receiving party will protect it, use it only to perform under these Terms, and not disclose it except to those who need it and are under similar duties, or where required by law.
12. Data protection
Each party will comply with applicable data protection law. Where Capo processes personal data on your behalf, the Data Processing Agreement applies and is incorporated into these Terms. Our handling of data where we are the controller is described in our Privacy Policy.
13. Warranties and disclaimers
We provide the Platform with reasonable skill and care. Except as expressly stated, and to the fullest extent permitted by law, the Platform and Output are provided "as is" and we disclaim all other warranties, whether express or implied, including fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that the Platform will be uninterrupted or error-free.
14. Limitation of liability
Nothing in these Terms limits liability that cannot be limited by law (including for death or personal injury caused by negligence, or for fraud). Subject to that:
- Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill, data or anticipated savings.
- We are not liable for ad spend you commit, or for the performance or outcomes of your campaigns.
- Each party's total liability arising out of these Terms is capped at the fees you paid to Capo in the [12] months before the event giving rise to the claim.
15. Indemnity
You will indemnify Capo against claims, losses and costs arising from your Customer Data, your use of the Platform in breach of these Terms, your marketing activity, or your breach of law or third-party rights.
16. Term, suspension and termination
These Terms apply while you use Capo. Either party may terminate for material breach not remedied within a reasonable period, and you may cancel as described above. We may suspend or terminate immediately for serious breach, non-payment, or legal or security reasons.
On termination your right to use the Platform ends; we will make your Customer Data available for export for a limited period, after which we may delete it. Terms that by nature should survive (including IP, confidentiality, liability and payment) will survive.
17. Changes to these terms
We may update these Terms. For material changes we will give reasonable notice by email or in the Platform. Continuing to use Capo after changes take effect means you accept the updated Terms.
18. General
These Terms, the Privacy Policy and the Data Processing Agreement are the entire agreement between us on their subject. If any provision is unenforceable, the rest stays in force. Failure to enforce a right is not a waiver.
You may not assign these Terms without our consent; we may assign them as part of a reorganisation or sale. Neither party is liable for delays caused by events beyond its reasonable control. Notices to Capo should go to legal@capo.marketing.
19. Governing law
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court.
