Terms of Service

1. Acceptance of Terms

By accessing or using the website at thecapitalacquisition.com or engaging with any services provided by The Capital Acquisition ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you must not use our website or services.

2. Description of Services

The Capital Acquisition provides the Capital AI Activation Agent, a bespoke AI-powered activation infrastructure service for online businesses. Our services include, but are not limited to, revenue leak audits, custom AI activation agent engineering and deployment, behavioural email and SMS sequence development, conversion funnel architecture, and omnichannel orchestration across email, SMS, CRM, and digital advertising platforms. The specific scope, deliverables, and timelines for each engagement will be defined in a separate written service agreement or statement of work.

3. Eligibility

Our services are intended for businesses and professionals only. By engaging with The Capital Acquisition, you represent that you are at least 18 years of age, have the legal authority to enter into a binding agreement on behalf of yourself or your organisation, and that your use of our services complies with all applicable laws and regulations in your jurisdiction.

4. Client Obligations

As a client of The Capital Acquisition, you agree to:

• Provide accurate, complete, and up-to-date information as required for service delivery
• Grant necessary and timely access to platforms, systems, and data required for agent deployment
• Designate a primary point of contact for the duration of the engagement
• Comply with all applicable laws and regulations governing your business and marketing activities
• Not use our services, deliverables, or methodologies for any unlawful, deceptive, or unauthorised purpose
• Maintain confidentiality of any proprietary frameworks, systems, or methodologies shared by us
• Promptly notify us of any technical issues, access changes, or business circumstances that may affect service delivery

5. Payment Terms

All fees, payment schedules, and billing terms will be specified in your individual service agreement. Unless otherwise agreed in writing, invoices are due within 14 days of the invoice date. Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. We reserve the right to suspend or terminate services for non-payment after providing reasonable written notice.

6. Intellectual Property

All methodologies, frameworks, AI models, agent architectures, proprietary systems, and processes developed by The Capital Acquisition remain our exclusive intellectual property. Upon full payment for a completed engagement, clients receive a perpetual, non-exclusive licence to use the specific deliverables created for their engagement, including custom activation sequences, copy, and configurations. This licence does not include the right to resell, sublicence, or transfer our methodologies or systems to third parties.

7. Confidentiality

Both parties agree to maintain strict confidentiality over all proprietary and sensitive information exchanged during the engagement. This includes, but is not limited to, business strategies, customer data, financial information, technical infrastructure details, pricing, and any non-public information disclosed by either party. This obligation survives the termination of any service agreement and shall remain in effect for a period of two years following the end of the engagement.

8. Results and Performance Disclaimer

The Capital Acquisition delivers services on a best-efforts basis. While our Capital AI Activation Agent is engineered to produce measurable improvements in user activation, conversion rates, and revenue, we do not and cannot guarantee specific outcomes, revenue increases, or activation metrics. Results will vary based on factors including, but not limited to, your industry, existing tech stack, audience quality, offer strength, and market conditions. Any figures referenced on our website represent illustrative benchmarks and are not a guarantee of individual results.

9. Limitation of Liability

To the fullest extent permitted by applicable law, The Capital Acquisition shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services or website. Our total cumulative liability for any claim arising under these Terms shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim in the three months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Capital Acquisition and its directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of our services, your violation of these Terms, or your infringement of any third-party rights.

11. Termination

Either party may terminate an ongoing service engagement by providing 30 days written notice to the other party. Upon termination, the client remains responsible for payment of all fees for services rendered up to and including the termination date. We will provide reasonable cooperation in transitioning active systems, agent configurations, and deliverables to the client upon request. We reserve the right to terminate services immediately and without notice in cases of material breach of these Terms, non-payment, or conduct that poses a legal or reputational risk to The Capital Acquisition.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with applicable law. Any disputes arising under these Terms that cannot be resolved amicably will be subject to the exclusive jurisdiction of the courts relevant to the registered location of The Capital Acquisition. If you are located in a different jurisdiction, you consent to the resolution of disputes in accordance with this clause.

13. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated to active clients via email with at least 14 days notice before taking effect. Updated Terms will be posted on this page with a revised "Last updated" date. Continued use of our services after the effective date of any changes constitutes your acceptance of the updated Terms.

14. Entire Agreement

These Terms of Service, together with our Privacy Policy and any individual service agreement or statement of work, constitute the entire agreement between you and The Capital Acquisition with respect to your use of our services. They supersede all prior understandings, representations, or agreements, whether written or oral, relating to the same subject matter.

15. Contact

For any questions, concerns, or formal communications regarding these Terms of Service, please contact us at support@thecapitalacquisition.com. We aim to respond to all enquiries within two business days.