Last Updated: June 22, 2026
These Terms of Service (this "Agreement") are a binding contract between you ("Customer," "you," or "your") and Sales or Else LLC, a Delaware limited liability company ("Caples.ai," "we," or "us"). This Agreement governs your access to and use of the Caples.ai software, website, and services (collectively, the "Services").
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY CLICKING "I ACCEPT," "SIGN UP," CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
"Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement.
"Input" means the information, text, images, videos, and prompts you input into the Services.
"Output" means the text, images, videos, reports, and any other content generated and returned by the Services based on the Input.
"Creative Tokens" means the unit of account used to meter AI-generated visual assets (images and videos) within the Services.
"Meta Ads Integration" means the connection between the Services and your Meta (Facebook/Instagram) advertising account(s) via the Meta Graph API, including any read or write access enabled through that connection.
"Subscription Term" means the period during which you maintain an active subscription to the Services, including any free trial period and all subsequent renewal terms.
Subject to your payment of applicable fees and compliance with this Agreement, Caples.ai grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Services during the Subscription Term solely for your internal business purposes.
You must be at least 18 years of age to create an account and use the Services. You must provide accurate and complete information when creating an account. You are responsible for all activity that occurs under your credentials. You agree to notify us immediately of any unauthorized access to your account.
You acknowledge that Caples.ai is a rapidly evolving product. We reserve the right to modify, deprecate, or replace the underlying artificial intelligence models, algorithms, and features of the Services at any time, with or without notice. This includes changes to AI model providers, generation quality, report formats, and available integrations.
By creating an account, you consent to receive specific electronic communications from us required for the operation of the Service (e.g., daily report notifications, password resets, and security alerts). You agree that these are transactional messages necessary for the fulfillment of the Service.
Termination for Abuse: You agree not to mark these legitimate transactional emails as "Spam" or "Abuse." If you do so, we reserve the right to immediately suspend or terminate your account to protect our sender reputation. If you no longer wish to receive these alerts, you must disable them in your account settings or close your account.
We claim no ownership rights over your creative work.
You acknowledge that the Output is generated by artificial intelligence models. Caples.ai makes no representation or warranty that any Output is original, unique, non-infringing, or free from third-party intellectual property claims. Due to the nature of machine learning, the Services may generate the same or similar Output for multiple users. You are solely responsible for reviewing all Output and clearing any intellectual property rights before publishing, distributing, or commercially exploiting the Output. You assume all risk associated with the use of the Output, including any claims of copyright, trademark, or other intellectual property infringement by third parties.
Caples.ai does not use your non-public Input or Output to train general AI foundation models. Your data is used solely to provide the Services to you and maintain your session history. We may use aggregated, anonymized data derived from platform usage patterns to improve the Services. Individual user data is never used for AI model training.
If you provide feedback, ideas, or suggestions for improvement ("Feedback"), you agree that we may use the Feedback however we choose without any obligation or payment to you.
The Services connect to your Meta (Facebook/Instagram) advertising account(s) via the Meta Graph API to retrieve campaign performance data and, where enabled, to execute actions on your ad account (such as adjusting budgets or toggling ads on/off). You authorize this connection when you complete the Meta OAuth authentication flow within the Services.
The Services provide analytical recommendations and suggested actions based on your Meta Ads performance data. All recommendations are informational suggestions only. Caples.ai does not guarantee that following any recommendation will produce any particular result, including but not limited to increased revenue, decreased costs, improved return on ad spend, or any other performance metric.
You are solely responsible for all decisions regarding your Meta advertising campaigns, including but not limited to: budget allocation, campaign structure, audience targeting, bid strategy, ad creative, and whether to act on any recommendation provided by the Services. You acknowledge that you remain the advertiser of record on your Meta ad account(s) at all times.
Where the Services offer features that modify your Meta ad account (including but not limited to adjusting budgets, pausing or enabling ads, or pausing or enabling ad sets), each action requires your explicit approval before execution. Caples.ai is not liable for any financial consequences arising from actions you approve and execute through the Services, including overspending, underspending, campaign disruption, or unintended changes to your ad account.
You acknowledge and agree that:
Nothing in this Agreement or in the provision of the Services creates a fiduciary relationship, advisory relationship, or agency relationship between Caples.ai and you. Caples.ai is a software tool, not a media buyer, advertising agency, or financial advisor.
Caples.ai is an independent software product and is not affiliated with, endorsed by, sponsored by, or in any way officially connected to Meta Platforms, Inc. or any of its subsidiaries or affiliates. "Meta," "Facebook," and "Instagram" are trademarks of Meta Platforms, Inc., used herein for descriptive and interoperability purposes only.
Artificial intelligence is probabilistic, not deterministic. When you use our Services, you acknowledge and agree:
You agree that you are solely responsible for reviewing all Output for accuracy, logic, factual correctness, and legal compliance before publication. You are the publisher of the content; Caples.ai is merely a drafting tool.
You represent and warrant that:
Caples.ai disclaims all liability for:
When using Caples.ai for Healthcare (medical claims, weight loss), Finance (investing, loans), Legal, or Employment/Housing content, a qualified human professional must review the content for accuracy and compliance prior to publication, including compliance with FTC guidelines and any applicable industry-specific regulations. All specific claims (e.g., "Lose 10lbs in 10 days") must be substantiated by your own data. Caples.ai is not responsible for any Output that you publish without adequate review, and you assume all liability for claims, fines, or enforcement actions arising from unvalidated AI-generated content.
You may not use the Services for any of the following purposes:
"Unlimited" text generation is subject to a fair use policy defined by the regular workflow of a human user. We reserve the right to throttle or suspend your account if your usage exceeds 5x the average usage of our top 5% of users in a given billing cycle. The Services also enforce per-hour and per-day rate limits on text, image, and video generation. These rate limits are applied automatically and may change as the platform evolves.
To ensure the safety of our platform and compliance with our payment processors (e.g., Stripe) and upstream AI providers, we strictly prohibit the use of the Services by individuals or entities involved in the following industries. Accounts associated with these industries will be terminated immediately without refund:
To ensure compliance with this Agreement and our safety standards, we reserve the right (but have no obligation) to monitor User Inputs and Outputs. You acknowledge that you have no expectation of privacy with respect to content that triggers our automated safety flags or is reported for abuse.
You agree to pay the fees specified in your selected subscription plan. All payments are processed by our third-party payment processor (Stripe). Caples.ai does not store your payment card information.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing cycle unless you cancel at least 24 hours before the renewal date. You authorize us to charge your payment method for the renewal term. Cancellation during a free trial is governed by Section 7.4: you may cancel at any time before the trial period ends to avoid being charged, and the 24-hour requirement in this Section 7.2 does not apply to the trial period.
If you initiate a chargeback or dispute with your credit card issuer for a valid charge, we reserve the right to immediately and permanently terminate your account and block your payment method from future use. We will submit this Agreement and your usage logs to the payment processor as evidence of contract.
You may cancel your subscription at any time through your account settings or by contacting hello@caples.ai. Cancellation takes effect at the end of the current billing period. You will retain access to the Services until that date.
Caples.ai may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to:
For violations of Section 6.3 (Prohibited Businesses), termination is immediate and without refund. For other violations, Caples.ai will make reasonable efforts to provide notice and an opportunity to cure, but is not obligated to do so.
Upon termination:
The following sections survive termination of this Agreement: Sections 3 (Intellectual Property), 4 (Meta Ads Integration & Financial Liability), 5 (AI-Generated Content, Accuracy & Compliance), 9 (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 14 (Data & Privacy). Additionally, any payment obligations accrued prior to termination under Section 7 shall survive.
"Confidential Information" means non-public information disclosed by either party in connection with this Agreement, including but not limited to business data, advertising account data, system prompts, and proprietary methodology. Each party agrees to protect the Confidential Information of the other party in the same manner that it protects its own confidential information, but in no event with less than a reasonable standard of care. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Caples.ai DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE OUTPUT WILL BE FREE OF ERRORS, OMISSIONS, OR THIRD-PARTY INTELLECTUAL PROPERTY CLAIMS. ANY RELIANCE ON THE OUTPUT IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Caples.ai BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; LOSS OF ADVERTISING SPEND OR WASTED AD BUDGET; AD ACCOUNT BANS OR RESTRICTIONS; REGULATORY FINES OR PENALTIES; UNAUTHORIZED ACCESS TO, BREACH OF, OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF Caples.ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Caples.ai'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO Caples.ai IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify, and hold harmless Caples.ai and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
This Agreement shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.
Any dispute arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration conducted by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be held in Dover, Delaware.
YOU AND Caples.ai AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Caples.ai encrypts all data in transit and at rest. Advertising platform credentials are encrypted at the application level before storage. The Services are hosted on SOC2-certified infrastructure. Caples.ai itself is not SOC2 certified.
Authorized personnel may access user data for essential operations including debugging, support, and infrastructure maintenance. No team member accesses your Meta ad account directly — all interaction is through the platform.
The Services rely on third-party providers to operate, including providers for AI processing, database and authentication, application hosting, cloud compute, payment processing, email delivery, and error monitoring. By using the Services, you acknowledge that your data may be processed by these providers in accordance with their respective terms and privacy policies. A complete list of sub-processors is available upon request by emailing hello@caples.ai.
You may request full account deletion at any time by emailing hello@caples.ai. Upon deletion, we remove your user record, knowledge base, chat history, generated assets, advertising platform integration data, and cancel your subscription.
Your use of the Services is also governed by our Privacy Policy, available at caples.ai/privacy-policy. In the event of a conflict between this Agreement and the Privacy Policy, this Agreement shall control.
Caples.ai may modify this Agreement at any time by providing at least thirty (30) days' prior notice via email to the address associated with your account and/or via in-app notification. The updated Agreement will be posted on our website with a revised "Last Updated" date. Your continued use of the Services after the notice period constitutes acceptance of the modified terms. If you do not agree to the modified terms, your sole remedy is to cancel your subscription before the changes take effect.
You may not export or provide access to the Services into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department's list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, or (iii) the U.S. Department of Commerce Denied Persons List or Entity List.
This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties regarding the Services and supersedes all prior agreements.
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
You may not assign this Agreement without our prior written consent. Caples.ai may assign this Agreement without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.
You represent and warrant that: (a) you own all right, title, and interest in and to the Input, or have obtained all necessary permissions, releases, and rights to use the Input with the Services; (b) your Input does not contain any third-party proprietary information, trade secrets, or copyrighted material used without permission; and (c) you have the legal authority to bind yourself (or the entity you represent) to this Agreement. You accept full liability for any legal actions arising from the content you upload to or generate with the Services.
We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, please notify us at hello@caples.ai. We will terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers. To opt-out, please email hello@caples.ai.
In no event shall Caples.ai be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by forces beyond its control, including, without limitation, strikes, acts of war, internet service provider failures, or outages of third-party upstream providers (e.g., Anthropic, AWS, Google Cloud, Meta).
The failure of Caples.ai to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
All notices under this Agreement shall be sent to the email address associated with your account (for notices to you) or to hello@caples.ai (for notices to us).
If you have any questions about this Agreement, please contact us at: