Terms & Conditions

Last Updated: June 16, 2026

Notice of Updates. From time to time, Captivated may update these Terms. When material changes are made, we will provide notice through reasonable means, which may include in-app notifications, email, or a posted summary of changes available at:

Terms & Conditions and Privacy Policy Updates

1. Platform Services

Captivated provides a communications platform that may include, without limitation: SMS and MMS messaging; Rich Communication Services (RCS / RBM); Live Chat; Secure Chat; Team Chat; voice and video communication; workflow automation; campaigns; templates; booking and appointment scheduling; payment facilitation tools; reporting; analytics; AI-assisted tools; and administrative tools.

Captivated provides technology infrastructure only and does not originate, author, approve, or control Customer communications.

2. Platform Provider Status

Captivated acts solely as a technology platform provider. Captivated is not a sender, publisher, advertiser, content owner, legal advisor, compliance advisor, healthcare provider, covered entity, payment processor, financial institution, agent, or representative of Customer.

Captivated does not guarantee delivery, engagement, scheduling outcomes, payment success, regulatory compliance, or business results. Customer retains sole responsibility for all use of the Services.

3. Key Definitions

For purposes of these Terms, the following definitions apply unless otherwise stated in an applicable Order Form, Service Order, Addendum, or written agreement.

“Subscription Plan” means the customer-facing plan selected by Customer, such as Starter, Engage, Choice, Pro, or another plan identified in an Order Form. Each Subscription Plan may include a Core License and a Messaging Commitment.

“Core License” means the base platform license for an operating location, public-facing brand, or other account structure identified in the applicable Order Form. A Core License may include access to core communication tools, users, teams, support, and included text lines as described in the Order Form or applicable pricing schedule.

“Messaging Commitment” means the monthly message volume and message rate selected by Customer as part of its Subscription Plan.

“Additional Usage” means usage beyond included allowances, including additional messages, AI summaries, carrier-based usage, or other metered activity described in an Order Form, Service Order, Addendum, rate schedule, or published pricing materials.

“Optional Monthly Add-Ons” means optional subscription components, modules, tools, or usage-based items that may be added to Customer’s account if expressly included in an Order Form, Service Order, Addendum, or approved account update.

“Launch Support” means onboarding, setup, compliance guidance, training, configuration, or go-live assistance described in an Order Form. Launch Support may include Standard Launch, Accelerated Launch + 90-Day Optimization, or another launch package described in the applicable Order Form.

“Service Order,” “Addendum,” or “Service Request” means a signed or otherwise approved written authorization for changes, additions, add-ons, locations, lines, integrations, workflows, professional services, or other account modifications after the initial Order Form.

“Text Lines” or “Channels” means communication paths, including local text lines, toll-free text lines, or other messaging-enabled numbers or channels. Text lines and channels do not create a license for an additional location, branch, market, or public-facing brand unless expressly stated in an Order Form, Service Order, or Addendum.

“Operating Location” means a distinct physical, operational, branch, storefront, dealership, office, practice, facility, or market location serving customers.

“Public-Facing Brand” means a business identity, brand name, website, domain, phone presence, campaign identity, or customer-facing market identity that may require separate registration, campaign approval, compliance review, or licensing.

4. License Grant; Account Security

Subject to Customer’s compliance with these Terms and the applicable Order Form, Captivated grants Customer a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services for Customer’s internal business purposes during the applicable term.

Customer is responsible for maintaining the confidentiality of login credentials and for all activity occurring under its accounts. Shared logins are prohibited unless expressly authorized in writing. Customer will promptly notify Captivated of any unauthorized access or use.

5. Customer Responsibilities; Compliance

Customer is solely responsible for message content, formatting, branding, tone, timing, targeting, frequency, recipient lists, delivery logic, and all communications sent through the Services.

Customer is responsible for obtaining and maintaining all required consumer, patient, or user consents and for complying with all applicable laws and regulations, including but not limited to TCPA, CAN-SPAM, HIPAA, FTC rules, state privacy laws, payment regulations, and industry-specific requirements.

Customer is also responsible for compliance with carrier, network, and program requirements, including SMS/MMS rules, toll-free verification requirements, 10DLC requirements, and RCS/RBM policies. Captivated does not validate consent, review content, approve campaigns, or monitor communications for legal compliance unless expressly stated in writing.

6. No Compliance or Legal Warranty

Captivated does not provide legal advice and makes no representations or warranties regarding Customer’s compliance with laws, regulations, carrier rules, industry standards, or payment requirements.

Use of any feature, including Secure Chat, Live Chat, booking tools, video communication, payment functionality, AI-assisted tools, or advanced messaging channels, does not itself ensure regulatory compliance. Customer is responsible for determining appropriate use of all features based on its obligations and risk profile.

7. Messaging Channels, Usage & Carrier Rate Changes

Services may include both carrier-based communications, such as SMS, MMS, RCS/RBM, toll-free messaging, and voice, and platform-based communications, such as Secure Chat, Team Chat, Live Chat, video, and in-app communication.

Certain Services may include usage allowances, credits, limits, thresholds, message commitments, or metered usage. Included allowances, Additional Usage rates, usage limits, and applicable charges are defined in the applicable Order Form, Service Order, Addendum, published pricing materials, or rate schedules, as updated from time to time.

Messaging Commitments are based on the selected Subscription Plan. If Customer exceeds the included message volume, Additional Usage may be billed at the applicable plan rate or other rate stated in the Order Form or applicable pricing schedule.

Certain Services rely on third-party telecommunications providers whose rates, fees, surcharges, registration requirements, carrier pass-through fees, and network costs are outside Captivated’s control. Included message allowances are defined in the applicable Order Form and are not adjusted based on carrier rate changes during the term unless expressly stated otherwise.

Additional Usage rates, usage-based charges, carrier surcharges, registration fees, network costs, pass-through fees, and similar charges may be adjusted prospectively to reflect changes in carrier pricing, regulatory fees, registration requirements, or network costs. Any such changes will be communicated in advance where commercially reasonable and reflected in Captivated’s then-current messaging rate sheet, Order Form, or published pricing materials. Carrier rate adjustments will not apply retroactively unless required by law, carrier rule, or regulatory requirement.

Certain advanced messaging features, including RCS/RBM or other carrier-supported messaging capabilities, may be subject to additional carrier, registration, usage, or pass-through fees if enabled. Captivated will review applicable costs before activation where commercially reasonable. Customer is responsible for charges associated with enabled advanced messaging features.

8. AI-Assisted Features; AI Conversation Summaries

Certain Services may include AI-assisted features, including AI Conversation Summaries or other AI-enabled tools.

AI Conversation Summaries, if enabled, provide automated summaries for convenience and workflow support. AI-generated content may be incomplete, inaccurate, or require human review. Customer is responsible for reviewing AI-generated outputs and for any decisions, communications, workflows, or actions based on such outputs.

Included AI summary allowances and Additional Usage rates are stated in the applicable Order Form, Service Order, Addendum, or pricing schedule. Additional AI summaries may be billed as metered usage.

Unless expressly included in a signed Order Form, Service Order, Addendum, or approved account update, AI-assisted features shown during public signup or launch planning are not activated or billed.

9. Video Communication Services

Certain Services may include live video communication features (“Video Chat”).

Customer acknowledges and agrees that Captivated provides Video Chat as a technology service only and does not monitor, supervise, record, or control video interactions between Customer and end users.

Customer is solely responsible for the conduct of its representatives during video interactions, for compliance with applicable laws and regulations related to video communication, recording, consent, and privacy, and for determining whether video communication is appropriate for a particular use case.

Captivated does not guarantee the quality, availability, or suitability of Video Chat for any specific purpose and shall not be responsible for statements, representations, or actions made during video interactions.

10. Programs, Workflows & Micro-Products

Captivated may offer packaged programs, workflows, templates, automations, campaigns, or micro-products built on the platform (“Programs”).

Programs do not alter or shift responsibility for content, compliance, messaging behavior, scheduling outcomes, payment activity, or customer communications. Customer remains solely responsible for all communications and actions generated through Programs.

11. Launch Support; Professional Services; Statements of Work

Captivated may provide Launch Support, onboarding, implementation, configuration, workflow design, automation setup, training, consulting, or related services (“Professional Services”).

Launch Support services are designed to assist with account setup, compliance guidance, training, and go-live preparation as described in the applicable Order Form. Launch Support does not include unlimited custom development, complex integrations, advanced workflow design, custom data migration, historical data imports, or professional services unless expressly stated in the Order Form.

Certain products, service tiers, or launch packages may include a defined amount of Professional Services time, as specified in an Order Form or documentation.

Professional Services beyond included amounts or outside defined scope may require a mutually executed Statement of Work (“SOW”), Service Order, Addendum, or other written approval. Additional services will be billed at Captivated’s then-current hourly rate or as otherwise set forth in the applicable SOW, Service Order, or Addendum.

Captivated will not perform or bill for additional Professional Services without Customer’s prior written approval. Self-service training materials may be provided at no additional charge.

12. Contact Import; Data Help; Data Migration

Standard contact import assistance may be provided as part of Launch Support where available. Captivated may provide tools that allow Customer to import contacts or other data directly.

If Customer connects a supported third-party system through an approved integration, certain contact or activity data may flow automatically according to the integration configuration.

Complex migrations, historical conversation imports, data cleanup, custom field mapping, CRM limitations, third-party export limitations, special data work, or custom migration services may require a separate Service Order, Addendum, or Professional Services engagement.

Customer is responsible for ensuring that any data provided to Captivated is accurate, lawful, properly permissioned, and appropriate for import or processing through the Services.

13. Fees, Billing & Pricing Changes

Fees, Subscription Plans, Core Licenses, Messaging Commitments, Optional Monthly Add-Ons, usage limits, included allowances, text lines, calendars, usage-based charges, Professional Services, Launch Support fees, and billing terms are defined in the applicable Order Form, Service Order, Addendum, or pricing materials, including those generated through Captivated’s quoting tools.

Unless expressly stated otherwise in an applicable Order Form, the base Subscription Plan may include a Core License and a Messaging Commitment. Optional Monthly Add-Ons, usage-based charges, metered usage, pass-through carrier fees, registration fees, taxes, and similar charges are billed monthly and are not included in prepaid subscription term discounts unless expressly stated otherwise.

Prepaid fees are non-refundable unless expressly stated otherwise. Usage-based charges are billed monthly based on actual usage.

Captivated may update pricing, rate schedules, usage allowances, Additional Usage charges, or carrier-related charges prospectively. Customer will receive at least thirty (30) days’ prior notice of material pricing changes where commercially reasonable via email, in-app notification, posted pricing materials, or other reasonable means.

Pricing changes will not retroactively modify an existing subscription unless required by law, carrier rule, regulatory requirement, or expressly stated in an applicable Order Form. Customer may accept updated pricing, modify Services, or terminate in accordance with the applicable Order Form.

14. Optional Monthly Add-Ons; Public Signup Interest Selections

Optional Monthly Add-Ons may include, without limitation, additional local text lines, toll-free text lines, Express Pay, Live Chat, Team Chat, booking and scheduling, AI Conversation Summaries, API access, CRM integrations, custom forms, custom workflows, contact import assistance, or other optional services identified in an Order Form, Service Order, Addendum, or pricing schedule.

Optional Monthly Add-Ons shown during public self-service signup may be used for launch planning and pricing transparency only. Unless expressly included in the signed Order Form or later approved through a Service Order, Addendum, or approved account update, such items are not activated, included in the subscription, or billed.

Where Optional Monthly Add-Ons are later approved and activated, they may be billed monthly, may be subject to plan-level discounts where applicable, and may require setup, review, provisioning, configuration, or third-party approval.

15. Plan Changes; Downgrades; Service Adjustments

Customer may request upgrades to its Subscription Plan, changes to its Messaging Commitment, Optional Monthly Add-Ons, additional text lines, integrations, workflows, or usage-based capacity at any time, subject to Captivated review, approval, applicable pricing, carrier requirements, operational feasibility, and any configuration or implementation requirements.

Subscription plan downgrades, Messaging Commitment reductions, Optional Monthly Add-On removals, usage-based add-on reductions, text line removals, location removals, or other account restructuring requests require at least thirty (30) days’ prior notice and are subject to Captivated’s review and approval. Approved downgrades or reductions will take effect at the next applicable billing cycle unless otherwise agreed in writing.

Subscription plan downgrades are limited to one downgrade in any six-month period unless otherwise approved by Captivated in writing.

For fixed-term or prepaid subscriptions, the base Subscription Plan and any committed quantities, minimums, or components specified in the Order Form may not be downgraded, removed, or reduced during the term unless expressly approved by Captivated in writing.

Approved downgrades, reductions, removals, or account restructuring requests may be subject to an administrative change fee. Upon any approved change, included usage, plan-level discounts, Additional Usage rates, Optional Monthly Add-On discounts, committed quantities, rate locks, and other plan-based economics may be recalculated based on the updated Subscription Plan, selected services, and then-current pricing rules.

16. Core License; Operating Locations; Brand/Core Structure

The Services are licensed based on the structure described in the applicable Order Form. Public self-service Subscription Plans generally include a Core License for one operating location, unless otherwise stated.

An “Operating Location” means a distinct physical or operational location, branch, storefront, dealership, office, practice, facility, or market location serving customers, whether operated independently or under a shared brand, domain, corporate, franchise, cooperative, or affiliated structure.

Each operating location, branch, market, franchisee, affiliated operator, or public-facing brand may require separate licensing, messaging registration, campaign approval, and billing unless expressly stated otherwise in an Order Form, Service Order, or Addendum.

For multi-location, multi-brand, franchise, affiliated, acquired, or portfolio accounts, Captivated may structure pricing using Brand/Core Licenses, Location Components, Shared Messaging Pools, brand/campaign costs, Service Orders, Addendums, or other sales-assisted pricing structures.

Customer may not share, pool, extend, or reuse a license across multiple unlicensed operating locations or public-facing brands unless expressly authorized in writing. Use of the Services by an unlicensed location, branch, market, or public-facing brand constitutes a material breach of these Terms.

An unlimited number of users and teams may access the Services within a properly licensed account structure unless otherwise stated in the Order Form. Adding or removing users does not, by itself, affect billing.

17. Text Lines; Channels; Additional Local and Toll-Free Lines

Text lines and channels are communication paths and do not create a license for an additional operating location, branch, market, or public-facing brand.

Customer’s Subscription Plan may include one or more local text lines as stated in the applicable Order Form or pricing schedule. Additional local text lines and toll-free text lines may be available for an additional monthly fee if approved and activated.

Captivated may require review and approval before activating additional local or toll-free text lines. Captivated may also require carrier registration, toll-free verification, campaign approval, brand review, or other provisioning steps before activation.

If a requested line is used for a separate operating location, branch, market, or public-facing brand, additional licensing, campaign registration, carrier approval, and billing may apply.

Customer may not use additional text lines to avoid location, brand, campaign, or licensing requirements.

18. Additional Locations, Term Commitments & Rate Locks

Additional locations, branches, markets, public-facing brands, or other licensed structures added during the term will be billed at the applicable rate set forth in the Order Form, Service Order, Addendum, published pricing, or rate schedule in effect at the time the additional location or brand is added.

For subscriptions with twelve (12), twenty-four (24), or thirty-six (36) month terms, the base subscription fee and any expressly stated rate locks apply only to the licensed services, locations, or components identified in the applicable Order Form, unless expressly stated otherwise.

Usage-based charges, including messaging Additional Usage, voice minutes, video minutes, AI summaries, lookups, carrier charges, and similar metered Services, are billed monthly and are not subject to rate lock unless expressly stated otherwise.

Captivated reserves the right to verify compliance with licensing requirements and may invoice retroactively for unlicensed usage.

19. Booking, Appointments & Calendar-Based Services

Certain Services may include booking, appointment scheduling, or calendar-based functionality that relies on third-party integrations, including but not limited to Nylas.

Such Services may be billed based on the number of connected calendars, scheduling resources, or other account configuration, regardless of the number of users accessing the Services.

For fixed-term subscriptions, any committed quantity of billable calendars specified in the Order Form may be committed for the duration of the term and may not be reduced during the term unless otherwise agreed in writing.

Additional calendars or scheduling resources may be added and billed accordingly. Reductions may occur only upon renewal unless otherwise agreed in writing.

20. API Access; CRM Integrations; Third-Party Systems

Certain Services may include API access, CRM integrations, or connections with third-party systems.

Customer acknowledges that third-party integrations may depend on third-party APIs, authentication, rate limits, permissions, data availability, customer configuration, and third-party service availability. Captivated is not responsible for failures, limitations, downtime, or changes caused by third-party systems.

Complex integrations, custom integration work, custom field mapping, workflow design, advanced automation, or special data handling may require a separate Service Order, Addendum, or Professional Services engagement.

21. Express Pay & Third-Party Payment Services

Certain Services may include payment-related features, including Express Pay, which enable Customer to accept payments from end users through third-party payment providers such as Stripe, Plaid, or similar services.

Customer’s use of Express Pay is subject to Captivated’s Express Pay Terms of Use and the applicable terms of underlying payment providers.

Captivated does not process, store, or control Customer funds and is not responsible for payment authorization, settlement, chargebacks, disputes, reversals, or failures of third-party payment providers.

Customer is solely responsible for compliance with applicable payment laws, card network rules, and financial regulations related to its use of Express Pay.

22. Franchise & Affiliated Groups

If Customer operates as part of a franchise system, cooperative, private equity portfolio, affiliated group, multi-location organization, or acquired-company structure, each franchisee, location, operator, public-facing brand, or affiliated entity may constitute a separate Customer, operating location, or public-facing brand unless expressly stated otherwise in an Order Form, Service Order, or Addendum.

Captivated has no responsibility for incentives, subsidies, reimbursements, internal chargebacks, or arrangements between franchisors, franchisees, parent companies, subsidiaries, affiliates, or acquired entities.

Each Customer remains solely responsible for its own use of the Services, billing, compliance, and obligations under these Terms unless otherwise stated in writing.

Ownership determines who pays. Public-facing brand identity, operating locations, messaging usage, and carrier/campaign requirements determine applicable structure and charges.

23. Data; Privacy Policy; Data Processing License

Customer owns its data. Captivated processes data solely to provide the Services.

Captivated’s Privacy Policy and any referenced policies, including the Data Retention Policy, are incorporated by reference. If any provision of the Privacy Policy conflicts with these Terms with respect to Service Data processed to provide the Services, these Terms control.

Customer grants Captivated a limited, non-exclusive license to process, transmit, store, and display Customer data solely as necessary to provide the Services, support, security, and compliance operations. Captivated may use de-identified and aggregated data to improve the Services and for analytics, provided that such data does not reasonably identify Customer or any individual.

You agree to receive informational messages and marketing messages, including appointment reminders, account notifications, and promotional messages, from Captivated. Message frequency varies. Message and data rates may apply. For help, reply HELP or email admin@captivated.works. You can opt out at any time by replying STOP.

24. Data Retention & Deletion

Customer data is retained for the duration of an active subscription.

Upon termination or cancellation, Customer data will be retained and permanently deleted in accordance with Captivated’s then-current Data Retention Policy, which is incorporated by reference.

Customer acknowledges that Captivated has no obligation to retain Customer data beyond the policy’s retention periods and is not responsible for data loss following deletion. Customer is responsible for exporting any data it requires prior to termination.

To the extent message export functionality is limited or unavailable for certain channels, Customer acknowledges and accepts those limitations.

25. Data Preservation Option

At Captivated’s discretion, a data preservation or account suspension option may be offered to a canceling customer to temporarily suspend data deletion without active Service access.

During such period, all messaging channels, workflows, automations, and integrations are disabled. This option is not an active service plan and may be withdrawn at any time.

26. Acceptable Use; Restrictions

Customer will not misuse the Services or use the Services for unlawful purposes, including sending unsolicited messages or spam, impersonation, fraud, misleading communications, unlawful marketing, or transmission of harmful code.

Customer will not reverse engineer or attempt to derive source code from the Services, except to the extent prohibited by law.

Captivated may suspend access to the Services if it reasonably believes Customer is violating these Terms, applicable law, carrier policies, payment rules, or third-party requirements, or if required to do so by a carrier, network provider, regulator, or law enforcement.

27. Confidentiality

Customer will protect Captivated’s confidential information using at least the same degree of care it uses to protect its own confidential information, and in no event less than a reasonable degree of care. Customer may disclose confidential information only to employees and contractors with a need to know and who are bound by confidentiality obligations at least as protective as these Terms.

If Customer is required by law to disclose Captivated’s confidential information, Customer will provide notice to Captivated to the extent legally permitted and will disclose only the portion required.

28. Intellectual Property; Feedback

Captivated and its licensors retain all right, title, and interest in and to the Services, including all software, documentation, trademarks, and intellectual property. Except for the limited rights expressly granted, no rights are granted to Customer.

If Customer provides feedback, suggestions, or recommendations, Customer grants Captivated a perpetual, irrevocable, royalty-free right to use such feedback for any purpose without obligation.

29. Support; Service Availability

Captivated provides support via in-app chat, email, text, and other channels as described in Customer’s plan or Order Form. Captivated may perform scheduled or emergency maintenance and will use commercially reasonable efforts to provide notice of planned maintenance.

Customer acknowledges that availability and delivery of communications depends on carriers, networks, recipient devices, internet connectivity, and third-party services outside Captivated’s control.

30. Audit; Suspension

Captivated may verify Customer’s compliance with these Terms, including licensing, location structure, text line usage, and usage limits, in a manner that does not unreasonably disrupt Customer operations.

Captivated may suspend access for non-payment, suspected misuse, material breach, unlicensed usage, security concerns, or if required by carriers, network providers, payment providers, regulators, or law enforcement. Captivated will use commercially reasonable efforts to provide notice prior to suspension when practicable.

31. Indemnification

Customer shall indemnify, defend, and hold harmless Captivated and its affiliates, officers, directors, employees, and agents from any claims, damages, fines, penalties, settlements, or expenses arising from Customer’s use of the Services, including claims related to content, consent, compliance, misuse, regulatory enforcement, carrier enforcement, scheduling outcomes, AI-generated outputs, or payment activity.

32. Limitation of Liability

To the maximum extent permitted by law, Captivated shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages.

Captivated’s total liability shall not exceed fees paid by Customer in the twelve (12) months preceding the event giving rise to the claim.

33. Force Majeure

Except for payment obligations, neither party will be liable for failure or delay due to events beyond its reasonable control, including acts of God, government actions, labor disputes, carrier or network failures, internet outages, third-party service outages, and power failures.

34. Injunctive Relief

Customer acknowledges that unauthorized use of the Services, breach of confidentiality, misuse, or violation of licensing restrictions may cause irreparable harm. Captivated may seek injunctive relief in addition to other remedies without posting bond to the extent permitted by law.

35. Notices

Notices may be provided by email, in-app notification, posted notice, or other reasonable means.

For formal legal notices to Captivated: Captivated, LLC, 5875 Castle Creek Pkwy Dr. N., Suite 260, Indianapolis, IN 46250, with a copy to admin@captivated.works.

Customer notices will be sent to the email address on file or via the Services.

36. Governing Law; Venue

These Terms are governed by the laws of the State of Indiana, without regard to conflict of law principles. Venue for disputes will be exclusively in the state or federal courts located in Hamilton County, Indiana.

37. Assignment

Customer may not assign these Terms or an Order Form without Captivated’s prior written consent. Captivated may assign these Terms and any Order Form in connection with a merger, acquisition, reorganization, or sale of assets.

38. Entire Agreement; Order of Precedence; Updates

These Terms, together with the applicable Order Form, Service Order, Addendum, SOW, and incorporated policies, constitute the entire agreement between the parties and supersede prior agreements relating to the Services.

If Customer submits a purchase order or other document, any additional or conflicting terms are rejected unless expressly agreed in writing.

In the event of conflict, the following order of precedence applies unless expressly stated otherwise: signed Order Form, signed Service Order or Addendum, signed SOW, these Terms, and incorporated policies.

Captivated may update these Terms prospectively with notice. Continued use after the effective date constitutes acceptance of the updated Terms.

Related policies: Privacy Policy | Express Pay Terms of Use | TCPA & Messaging Compliance