Terms of Use

Last Updated: December 11, 2025

Welcome to CaptureContact. These Terms of Use govern your access to and use of our AI-powered receptionist and appointment setting services for HVAC, plumbing, and related home service businesses.

1. Acceptance of Terms

By accessing or using CaptureContact's services, website, or software (collectively, the "Service"), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you may not use our Service.

2. Description of Service

CaptureContact provides AI-powered call answering, appointment scheduling, lead qualification, and customer communication services designed specifically for HVAC, plumbing, and home service businesses. Our Service uses artificial intelligence to answer incoming calls, collect customer information, book appointments, and integrate with your existing scheduling systems.

3. Account Registration and Security

To use our Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your contact information remains current

4. Service Usage and Limitations

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

• Use the Service to violate any applicable laws or regulations
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Service or servers
• Use the Service to transmit harmful, offensive, or illegal content
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the Service without authorization

5. Call Recording and Data Processing

Our Service may record and process telephone conversations for quality assurance, training, and service improvement purposes. By using our Service, you acknowledge and consent to such recording and processing. You are responsible for ensuring compliance with applicable call recording laws in your jurisdiction and obtaining any necessary consent from your callers.

6. Billing and Payment

You agree to pay all fees associated with your selected service plan. Fees are billed in advance on a recurring basis. We reserve the right to:

• Modify pricing with 30 days' notice
• Suspend or terminate service for non-payment
• Charge late fees for overdue payments
• Apply usage-based charges as outlined in your plan

Refunds are provided at our discretion and subject to our refund policy.

7. Service Availability and Support

While we strive to provide 24/7 service availability, we do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or emergency repairs. We are not liable for any service interruptions, delays, or failures beyond our reasonable control.

8. AI Service Limitations and Accuracy

Our AI technology is designed to handle routine call answering and appointment scheduling tasks. However, you acknowledge that:

• AI responses may not always be 100% accurate
• The AI may not handle all call scenarios perfectly
• Emergency situations should be directed to appropriate emergency services
• You remain responsible for verifying appointment details and customer information
• The Service is a tool to assist, not replace, human oversight

9. Intellectual Property

All content, features, and functionality of the Service, including but not limited to software, AI models, text, graphics, logos, and designs, are owned by Lucid Lumin LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

10. Third-Party Integrations

Our Service may integrate with third-party scheduling systems, CRM platforms, and communication tools. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or functionality of third-party services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTURECONTACT AND LUCID LUMIN LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless CaptureContact, Lucid Lumin LLC, and our affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your failure to comply with applicable laws

13. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through your account dashboard or by contacting support. We may suspend or terminate your access immediately if you violate these Terms. Upon termination:

• Your right to use the Service ceases immediately
• We may delete your data according to our data retention policy
• You remain liable for any unpaid fees
• Provisions that should survive termination will remain in effect

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court for intellectual property matters.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and CaptureContact.

Severability: If any provision is found unenforceable, the remaining provisions will remain in effect.

Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment: You may not assign these Terms without our consent. We may assign these Terms to any affiliate or successor.

17. Contact Information

For questions about these Terms, please contact us:

• Email: connect@capturecontact.net
• Phone: 805.410.3769
• Company: Lucid Lumin LLC
• Website: capturecontact.net