These Terms of Service govern your access to and use of the websites, applications, and other products and services offered by Capio Pro ApS ("Capio Pro," "we," or "us"). This includes, but is not limited to, email services, trainings, events, marketing services, consulting services, review and message boards, and various communication tools (collectively referred to as "Services").
By clicking to accept these Terms or by accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver, please do not access or use our Services.
In addition to these Terms, we may also present additional terms that apply to specific features, products, or services. If there is a conflict between these Terms and any additional terms, the additional terms will take precedence concerning your use of the relevant feature, product, or service.
If you have any questions regarding these Terms or our Services, please don't hesitate to reach out to us at info@capio.pro.
1) Eligibility and Authority
You must be at least 18 years old to access or use our Services. If you are using our Services on behalf of another individual or entity, you confirm that you have the authority to accept these Terms on their behalf, and that they agree to be responsible to us if you or they breach these Terms.
2) Accounts; Account Security; Electronic Communications
To access some or all of our Services, you must create an account with us. When registering, you must provide accurate information and promptly update it if anything changes. You are also responsible for keeping your account secure, refraining from sharing your login credentials, and notifying us immediately if you suspect any unauthorized access to your account.
By creating a Capio Pro account, you agree to receive electronic communications from us, such as emails or notices posted on our Services. These communications may include account-related information, like payment authorizations, password changes, and other transactional details, as they are part of your relationship with us. You agree that any electronic notices, agreements, disclosures, or other communications we send you will satisfy any legal requirements for written communications.
3) Privacy
Please refer to our Privacy Policy (https://capio.pro/legal/privacy-policy) for information about how we collect, use and disclose information about you.
4) Our Services; License
Our Services may enable you and other users to create, post, store, and share various types of content, including but not limited to marketing materials, communications, emails, text or SMS messages, photos, videos, software, and other media, as well as content on review or message boards (collectively referred to as "Marketing Content"). You are solely responsible for the creation and content of the Marketing Content you generate, even if we offer comments, suggestions, or advice. You acknowledge and agree that our Services qualify as "interactive computer services" under 47 U.S.C. § 230, and Capio Pro is entitled to all associated rights and protections. You retain ownership of your Marketing Content, except for the license you grant to us as described below.
You grant Capio Pro a nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the intended recipients or audience as specified by you within the Services. As part of providing our Services, we may view, copy, and use your Marketing Content internally to improve the functionality and effectiveness of our Services, including enhancing your campaigns and detecting issues. You are prohibited from creating, posting, storing, or sharing any Marketing Content that violates these Terms, or for which you lack the necessary rights to grant the aforementioned license.
When using the Services, you may import data, including personally identifiable information, related to your contacts ("Contact Data"). We only view and use Contact Data to provide Services at your direction and to improve the functionality and reliability of our Services, including issue detection. We do not disclose Contact Data to third parties, except in the following situations:
We may share Contact Data with third-party service providers to deliver our Services or manage the site.
If Capio Pro is sold, Contact Data may be part of the transferred business assets. Additionally, Contact Data may be disclosed during or after financing, securitization, insuring, sale, assignment, or other transfers of all or part of the company.
We may disclose Contact Data as necessary to comply with judicial or governmental subpoenas, warrants, or orders.
We reserve the right to use, disclose, and share your information and Contact Data to investigate, prevent, or address potential or actual fraud, illegal activities, threats to physical safety, violations of these Terms of Service, or as otherwise required by law.
We may receive direct requests from individuals, including your contacts, to stop receiving emails from our Services. To comply with international data protection laws and respect these requests, we add these individuals to a communications exclusion list ("Global Exclusion List"), preventing them from receiving further communications through our Services. If one of your contacts makes such a request, we will make commercially reasonable efforts to notify you before placing them on our Global Exclusion List.
5) Prohibited Conduct
5.1) Prohibited Activities on the Services.
You are responsible for your actions while using our Services and must comply with all applicable laws, contracts, intellectual property rights, and the rights of others. When accessing or using our Services, you must not:
Engage in any behavior that is harassing, threatening, intimidating, predatory, or involves stalking;
Impersonate any individual or entity, including but not limited to, Capio Pro officials or employees, or falsely represent your affiliation with any person or entity;
Use or attempt to use another user’s account without proper authorization from both the user and Capio Pro;
Access the Services through means other than the standard industry-accepted or Capio Pro-approved application program interfaces;
Use our Services in a way that could interfere with, disrupt, or negatively impact other users’ enjoyment of our Services, or that could harm, disable, overload, or impair the functioning of our Services;
Delete or alter any material, including Marketing Content, posted by another person or entity;
Remove or modify any author attributions, legal notices, or proprietary labels uploaded through any communication feature;
Register, subscribe, or attempt to register or subscribe, unsubscribe or attempt to unsubscribe any party for any Capio Pro product or Service without that party’s express authorization;
Reverse engineer any part of our Services, attempt to discover source code, or bypass or circumvent any measures designed to prevent or restrict access to any part of our Services;
Attempt to bypass any content-filtering methods we employ, or try to access any feature or area of our Services that you are not authorized to access;
Develop or use any third-party applications that interact with our Services without our prior written approval, including scripts intended to scrape or extract data from our Services;
Ignore or bypass instructions in our robots.txt file, which governs automated access to parts of our Services;
Export or attempt to export certain data points, such as EGEO and ERJA data, that are restricted from export within the Services;
Use our Services for any illegal or unauthorized purposes, or participate in, encourage, or promote any activity that violates these Terms.
5.2) Compliance with Laws
You represent and warrant that your access to and use of the Services will fully comply with all applicable laws, regulations, and rules, including, but not limited to, Export Control and Sanctions Laws (as defined below), privacy and data protection laws, and regulations governing electronic communications. Additionally, you represent and warrant (i) that your access to and use of the Services will adhere to all applicable U.S. securities laws, such as the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940, and (ii) that you have not received any notice of investigation, inquiry, subpoena, or document request related to such from any securities regulator. Furthermore, you agree to promptly inform us if you receive any such notice from a securities regulator.
You also represent and warrant that you have a lawful basis for processing and sending Marketing Content to your customers, business contacts, or followers who have consented to receive marketing messages from you or on your behalf ("Contacts"), whether through legally valid consents or other lawful means. Additionally, you represent and warrant that the Marketing Content you process and send through the Services pertains to goods, services, or information that complies with all applicable laws, rules, and regulations. You will not provide to Capio Pro, or upload to the Services, any Marketing Content or Contact Data for which you lack a lawful basis for processing, permissions, or consents under applicable data protection laws. It is your responsibility, not Capio Pro's, to ensure that you fulfill all notice and consent obligations for sending communications to individuals in their respective jurisdictions. For further guidance, please visit our Consent page (https://capio.pro/legal/consent-policy/). Although our Services enable you to manage and access consents and other Contact Data, you acknowledge that maintaining all records related to these matters is solely your responsibility.
You are solely responsible for determining whether our Services are appropriate for use in accordance with the laws and regulations that apply to your entity, industry, or relationships with your Contacts, including but not limited to consumer protection, privacy, advertising, intellectual property, or other relevant laws. You may not use our Services for unlawful or discriminatory activities, including those prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Food, Drug, and Cosmetic Act, or any other applicable commerce or industry-specific laws.
You further represent and warrant that your use of the Services, including the information you upload or make available through the Services, will not cause Capio Pro to violate any applicable laws, rules, or regulations, particularly those related to privacy, data protection, and the sending of electronic communications. Capio Pro reserves the right to suspend, restrict, or terminate your access to or use of the Services if we suspect, at our sole discretion, that your Marketing Content violates our Acceptable Use Policy, any applicable law, rule, or regulation, or involves goods, services, or information offered in violation of applicable law, or if it includes spam or other duplicative or unsolicited messages.
5.3) AI Features
If you use the Capio Pro AI feature or any other artificial intelligence-powered content generation feature of our Services (collectively referred to as the "AI Features"), this Section 5.3 applies to you. The AI Features may enable you to input text ("Prompts") and generate Marketing Content based on those Prompts. You must use the AI Features and the generated Marketing Content only (i) in a lawful manner, complying with all applicable laws; (ii) in accordance with these Terms and any other Capio Pro documentation related to the AI Features; and (iii) in a way that does not infringe, misappropriate, or otherwise violate any rights of ours or those of any third party. This includes the method, purpose, and means by which you cause or attempt to cause the AI Features to generate output. Due to the nature of the AI Features, the generated Marketing Content may not be unique and may be similar or identical to content generated for other users. Additionally, other users may submit similar Prompts and receive the same, similar, or different outputs.
Capio Pro does not claim ownership of the Prompts or Marketing Content you generate using the AI Features. You are responsible for these materials and warrant that you own or have the necessary rights to provide, post, upload, input, or submit them. The AI Features may not be error-free, may not function as expected, and could produce incorrect information. Therefore, you should not rely on the AI Features for any advice and understand that using them is at your own risk.
Without limiting the disclaimers in Section 9, for the sake of clarity, Capio Pro does not guarantee or represent that any output generated by the AI Features will not infringe the rights of any third party, including, but not limited to, copyright, trademark, rights of privacy and publicity, or defamation.
5.4) Reporting Abuse
If you think anyone using the Services is violating any of these Terms, please notify us immediately by emailing abuse@capio.pro.
6) Consulting Services
Capio Pro may offer you consulting services ("Consulting Services"), which could include one-on-one strategy sessions designed to help you optimize your use of Capio Pro's marketing automation platform, as well as other professional services. Depending on your region and availability, Capio Pro, or one of its affiliates or subsidiaries, may provide these Consulting Services at Capio Pro's sole discretion. All Consulting Services will be conducted remotely.
If you purchase a one-on-one strategy session, you will be entitled to schedule a session of up to one (1) hour to receive the Consulting Services. All Consulting Services are non-cancellable, and all purchases for such services are non-refundable. Capio Pro reserves the right to reschedule the Consulting Services at any time, with prior notice to you. For one-on-one strategy sessions, you must book your session within thirty (30) days of the purchase date, or within thirty (30) days after your onboarding process with Capio Pro is complete, whichever applies. If you fail to schedule within this timeframe, the Consulting Services will be considered completed at the end of the 30-day period. You may reschedule a session once, provided you give us at least twenty-four (24) hours' advance notice, and we will reschedule it at our discretion based on availability. Sessions will be deemed completed in cases of no-shows. If you purchase multiple sessions, we cannot guarantee that the same consultant will be available for each session.
7) Third Party Content and Services
We may present content, advertisements, and promotions from third parties through the Services ("Third Party Content"). We do not have control over, endorse, or adopt any Third Party Content, and we make no guarantees or warranties about it, including its accuracy or completeness. You understand and agree that any interactions you have with third parties providing this content are strictly between you and those third parties, and Capio Pro is not responsible or liable for any Third Party Content. If Capio Pro requires you to agree to additional terms, conditions, or obligations related to your use of third-party services or integrations ("Third Party Terms"), we will give you advance notice and seek your consent, which may be implied by your continued use of such services or integrations.
Additionally, we may offer you access to certain services, features, or functionalities provided by third parties in connection with our Services. The use of any such third-party services, features, or functionalities will be governed by separate terms of service between you and the third party, not by these Terms. The third-party provider, not Capio Pro, will be solely responsible for delivering these services, features, or functionalities to you.
8) Indemnification
To the maximum extent allowed by applicable law, you agree to indemnify, defend, and hold harmless Capio Pro, along with our parent company, subsidiaries, affiliates, and each of our respective officers, directors, agents, partners, and employees (collectively referred to as the "Capio Pro Parties"), from any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") that arise from or are related to (a) your access to or use of our Services; (b) your Marketing Content or Feedback; (c) your breach of these Terms; (d) your violation, misappropriation, or infringement of any third-party rights (including intellectual property or privacy rights); or (e) your actions in connection with our Services. You agree to promptly inform the Capio Pro Parties of any third-party Claims, assist in the defense of such Claims, and cover all fees, costs, and expenses involved in defending these Claims (including attorneys' fees). You also acknowledge that the Capio Pro Parties will have control over the defense or settlement of any third-party Claims. This indemnification is in addition to any other indemnities outlined in any written agreement between you and Capio Pro or the other Capio Pro Parties.
9) Disclaimers
WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY MARKETING CONTENT, THIRD-PARTY CONTENT, OR THIRD-PARTY SERVICES THAT ARE MADE AVAILABLE THROUGH OR LINKED TO BY OUR SERVICES. YOUR USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, CAPIO PRO DOES NOT GUARANTEE THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR PROMISES REGARDING ANY DELIVERABLES, RESULTS, OUTCOMES, OR BENEFITS THAT MAY ARISE FROM OUR PERFORMANCE OR YOUR USE OF ANY SERVICES. WHILE CAPIO PRO STRIVES TO ENSURE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS SECURE, WE CANNOT AND DO NOT GUARANTEE THAT OUR SERVICES OR SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE QUALITY AND PERFORMANCE OF THE SERVICES. BETWEEN YOU AND CAPIO PRO, YOU ALONE ARE RESPONSIBLE FOR RESPONDING TO AND FULFILLING ALL REQUESTS REGARDING THE RIGHTS OF YOUR CONTACTS AND THEIR PERSONAL DATA IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS.
10) Limitation of Liability
CAPIO PRO AND THE OTHER CAPIO PRO PARTIES WILL NOT BE RESPONSIBLE TO YOU UNDER ANY LEGAL THEORY—WHETHER IT'S BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, EVEN IF CAPIO PRO OR THE OTHER CAPIO PRO PARTIES HAVE BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF CAPIO PRO AND THE OTHER CAPIO PRO PARTIES FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE NATURE OF THE CLAIM, IS LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO ACCESS OR USE OUR SERVICES. THE LIMITATIONS DESCRIBED IN THIS SECTION DO NOT APPLY TO LIABILITY ARISING FROM THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF CAPIO PRO OR THE OTHER CAPIO PRO PARTIES, OR FOR ANY OTHER CASES WHERE LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11) Release
To the fullest extent allowed by applicable law, you release Capio Pro and the other Capio Pro Parties from any responsibility, liability, claims, demands, and/or damages (whether actual or consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), that arise from or relate to disputes between users and the actions or inaction of third parties. You explicitly waive any rights you may have under California Civil Code § 1542, as well as any other statutes or common law principles that would otherwise limit this release to cover only those claims you know or suspect to exist in your favor at the time you agree to this release.
12) Transfer and Processing Data
By using our services, you are agreeing to allow us to process, transfer, and store information about you in the United States and other countries. This means your data may not have the same legal protections as it would under the laws of your local jurisdiction.
If you are located in Costa Rica, please note the following: you are explicitly consenting to Capio Pro processing and transferring your information both within and outside of Costa Rica, including to third parties and affiliates, as necessary to fulfill Capio Pro's legitimate business purposes. You confirm that you have read and understand our Privacy Policy, and that you are freely and unambiguously providing this consent.
13) Export Control, Sanctions Compliance and Anti-Corruption Compliance
13.1) Export Control and Sanctions Compliance
Your use of our services is subject to the export control and economic sanctions laws of Denmark and other applicable jurisdictions ("Export Control and Sanctions Laws"). You agree to comply with all relevant Export Control and Sanctions Laws as they pertain to your access and use of our services.
You are prohibited from accessing or using our services if you are located in a jurisdiction where the provision of our services is prohibited by law ("Prohibited Jurisdiction"), including Cuba, Iran, North Korea, Syria, and Crimea. You also may not provide access to or allow the use of our services by any government, entity or individual: (a) located in a Prohibited Jurisdiction; or (b) identified on sanctions lists such as the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Department of Commerce's Denied Persons List or Entity List, or other export control or economic sanctions programs.
You represent and warrant that: (a) you are not named on or subject to any government sanctions programs or lists of persons or entities prohibited from receiving U.S. exports or engaging in transactions with U.S. persons; (b) you are not located in, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.
13.2) Anti-Corruption Compliance
You agree to comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and any other relevant laws, as they pertain to your access and use of our services.
You acknowledge that you have not received or been offered any unlawful or improper bribes, kickbacks, payments, gifts, or other items of value in connection with these terms and conditions.
14) Governing Law and Venue
These terms and conditions, as well as your access and use of our services, will be governed and enforced in accordance with the laws of the Kingdom of Denmark, without regard to any conflict of law rules or principles that would otherwise cause the application of the laws of a different jurisdiction.
Any disputes between the parties that are not subject to arbitration or small claims court proceedings will be resolved in the state or federal courts located in Copenhagen, Denmark.
15) Changes to these Terms
We reserve the right to make changes to these terms and conditions from time to time. If we do make any updates, we will post the revised terms on our services and update the "Last Updated" date shown above. We may also attempt to notify you of the changes by sending an email to the address associated with your account or providing notice through our services.
Unless we explicitly state otherwise in our notice, the amended terms will take effect immediately. Your continued access and use of our services after we provide notice will confirm your acceptance of the changes. If you do not agree to the updated terms, you must stop using and accessing our services.
16) Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.