Agreement to These Terms
These Terms & Conditions govern your access to and use of Captiva AI’s software, websites, and digital marketing services for healthcare practices (collectively, the “Services”). By accessing or using the Services, you agree to these Terms on behalf of yourself and, if applicable, the healthcare practice or organization you represent. If you do not agree, do not use the Services.
Services and Scope
Captiva AI provides software and related services that may support marketing strategy, content creation, campaign management, lead engagement, analytics, and workflow automation for healthcare practices. The Services are business tools only. Captiva AI does not provide medical care, clinical advice, legal advice, or billing, coding, or compliance determinations.
Practice Responsibilities
You are responsible for your users, accounts, content, campaigns, and use of the Services. You must ensure that all information, claims, images, testimonials, offers, and communications you provide or approve are accurate, properly authorized, and compliant with applicable laws, professional standards, platform rules, and your practice’s policies.
Healthcare Marketing and Regulatory Compliance
You are solely responsible for reviewing and approving all marketing materials before publication or distribution. This includes confirming that materials comply with healthcare advertising rules, privacy requirements, consent obligations, consumer-protection laws, and any rules applicable to your license, specialty, location, or governing professional body. Captiva AI does not guarantee that any output or campaign is compliant, approved, or suitable for a particular practice.
Protected Health Information
Unless a separate written agreement expressly authorizes it, do not submit protected health information, patient records, payment-card data, or other sensitive personal information to the Services. You are responsible for determining whether your intended use requires a business associate agreement or other safeguards, and for obtaining all necessary patient authorizations and consents.
AI-Assisted Content
AI-generated or AI-assisted content may be incomplete, inaccurate, or unsuitable for your intended purpose. You must use independent professional judgment and review all outputs before relying on, publishing, or sending them. You may not use the Services to create medical diagnoses, treatment recommendations, deceptive claims, impersonations, or content that is unlawful, harmful, infringing, or misleading.
Accounts and Acceptable Use
Keep account credentials confidential and promptly notify us of suspected unauthorized access. You may not reverse engineer, interfere with, scrape, overload, or circumvent security measures for the Services; use the Services to compete with Captiva AI; or resell, sublicense, or make the Services available to third parties except as expressly authorized in writing.
Fees and Payment
Fees, payment schedules, and any subscription terms are stated in your order form, proposal, invoice, or checkout flow. Unless otherwise stated, fees are non-refundable and due in advance. You are responsible for applicable taxes, excluding taxes on Captiva AI’s net income. We may suspend access for overdue amounts after reasonable notice.
Intellectual Property and Your Content
You retain ownership of content you submit to the Services. You grant Captiva AI a limited right to host, process, reproduce, and use that content only as needed to provide, secure, and improve the Services. Captiva AI retains all rights in the Services, software, templates, methodologies, and underlying technology. Subject to payment and these Terms, you may use approved deliverables for your internal business purposes.
Confidentiality
Each party will protect the other party’s non-public business, technical, and commercial information using reasonable care and will use it only to perform under these Terms. This obligation does not apply to information that is public without breach, independently developed, rightfully received from a third party, or required to be disclosed by law.
Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTIVA AI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CAPTIVA AI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. CAPTIVA AI’S TOTAL LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO CAPTIVA AI FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Termination and Changes
You may stop using the Services at any time, subject to any commitment period in your order form. We may suspend or terminate access if you breach these Terms, create risk for the Services or others, or fail to pay amounts due. We may update these Terms from time to time; continued use after an update becomes effective means you accept the revised Terms.
General Terms and Contact
These Terms, together with any applicable order form or written agreement, are the entire agreement regarding the Services and supersede prior discussions about them. If any provision is unenforceable, the remaining provisions remain in effect. Questions about these Terms may be sent to info@captiva.ai.