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Service Attachment

This CaptureNow Services Attachment (the “Service Attachment”) is a part of the CaptureNow Terms of Service (the “Agreement”) that includes the terms and conditions agreed by the Parties under which CaptureNow will provide to the Customer the Services as described under the applicable Order Form or at www.capturenow.com. Any terms defined in the Agreement shall have the same meaning herein.

In the event of any conflict between the provisions of the Agreement and the provisions of this Service Attachment, the provisions of this Service Attachment will prevail.

  1. Service Overview
    1. CaptureNow provides the following services (the “Services”)
      1. Automated inbound and/or outbound communication and voice capture, response, routing, queuing, and/or distribution;
      2. API based integration with the industry leading lead management and case management software applications.  These integrations are designed to import the information collected by CaptureNow into Customer’s system on a real time basis;
      3. Facilitation of provision of Customer’s SMS/MMS messaging services;
  2. Billing and Payment
    1. Starting at of the start date set forth in the Order Form, or via www.capturenow.com,  and until the end of the Term (including any Renewal Term), you agree to pay for: a) the Service fees b) any Usage (per session) fees; c) any subscription packages; and d) any additional fees set forth in the CaptureNow Order Form. 
    2. After you have submitted your billing information, you hereby agree to authorize CaptureNow to charge your selected payment method.
    3. By providing a valid credit or debit card, you are expressly authorizing all Services and equipment charges and fees to be charged to such payment card, including recurring payments billed on a monthly basis. In addition, Customer’s provided credit card shall be used for any in-month purchases of additional services and products, or where Customer has exceeded usage or threshold limits, or any overage charges.
  3. Use of CaptureNow Services, Compliance and Regulations
    1. You acknowledge and agree that all use of the Services shall be subject to this Service Attachment and the Agreement, including without limitation the Use Policies and Privacy Policy. You acknowledge and agree that you are 18 years of age or older and are fully responsible and liable for all use of the Services, any software or hardware used in conjunction with the Services, and any and all fees and charges that are incurred as a result of such use. You further agree that you will use the Services in accordance with the CaptureNow Materials.
    2. In order to use the Services, you must have a functioning phone number. Please note that no telephone porting services shall be provided by CaptureNow. You represent and warrant that (i) any phone number you register or associate with your Account is not a mobile number, (ii) you will only use the Services for legal purposes and will comply with all applicable laws and regulations in connection with your use of the Services and any number you register or associate with your Account, (iii) you have procured any and all necessary rights and licenses, and have the full power and authority, necessary to use any phone number you register or associate with your Account, (iv) you will not use the services on a phone number that has been exchanged with, rented, or purchased from a third party unless you have received permission from the third party to do so.
    3. You disclaim and deny any reliance on any marketing materials relating to the Services with regard to Telephone Consumer Protection Act (“TCPA”) compliance and/or the Telemarketing Sales Rule. Any guidance related to the TCPA or other legal standards are opinion only, and you are ultimately responsible for making your own determinations regarding the requirements of the TCPA and its applicability to the Services. You will retain full and sole responsibility for complying with applicable laws in the transmission of any form of SMS/MMS or other electronic messaging to End Users or third parties, and shall indemnify Company for any related claim that may arise. See the SMS/MMS Content Policy for more information about your obligations related to SMS/MMS messaging.