Terms and Conditions Policy
LAST UPDATED October 7th, 2023
Terms Of Service
It’s important that you review and understand these terms before using our platform and services. If you don’t agree to these terms, don’t accept them, make a platform account, or use our platform or services. We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms.
Always speak to a lawyer to make sure you understand and comply with these terms. Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.
Captivation Hub reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms. You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law. You have to be at least 18 years old to use our platform and services.
1.1. Age Restrictions. You must be at least 18 years old to use the Platform (CAPTIVATION HUB). By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.
1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.
1.3. Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to Captivation Hub, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider
Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.
1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Captivation Hub immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Captivation Hub reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Captivation Hub’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.We are a platform provider ONLY. We don’t originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.
1.6. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. Captivation Hub is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. Captivation Hub is a technology platform communication service application provider ONLY. Captivation Hub does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.Some features on our platform leverage third-party services. We are not in control of those third party services, so we’re not liable for problems that arise from them. Also, if you have been assigned phone numbers or email addresses to be used through our platform, we might have to release those phone numbers or emails if you pause or delete your account, and the phone numbers or addresses may no longer be available if you reactivate or unpause your account.
1.7. Third Party Services. The Platform may leverage or include access to Third Party Services. Captivation Hub is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and Captivation Hub is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), Captivation Hub reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. Captivation Hub disclaims all liability related to outages or downtime of Third Party Services. There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content.
1.8. Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Captivation Hub. Captivation Hub is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws. If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights. If using PLR’s please make sure you’re adhering to their terms. Captivation Hub is not liable for any misuse of PLR’s.
1.9. Customizations. Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. Captivation Hub may remove any of your modifications at any time without advance notice and without liability to you.If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan.
1.10. Excessive Use Restrictions. We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Captivation Hub’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if Captivation Hub’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform.
1.11. Platform Updates. Captivation Hub reserves the right to make updates or changes to the Platform at anytime, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Captivation Hub’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.We don’t allow access to our platform by those located in embargoed countries. You are responsible for compliance with any local laws that might be applicable to your use of the platform.
1.12. International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Captivation Hub makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.If you are authorized to resell access to the platform, you can’t advertise prices that are lower than Captivation Hub’s prices. There might be exceptions to this rule by law. We also reserve the right to make exceptions to the rule in our sole discretion, and we can revoke those exceptions at anytime.
2.1 Private Label Rights (PLR) - PLR gives you the most freedom and flexibility to use and modify a digital product as you see fit
- With PLR, you can change the content, add your own branding, and sell it as your own product
- You can also use the content for other purposes such as creating blog posts, social media content, or lead magnets
- While you can resell these PLR products, your customers are not allowed to resell them. Your customers are buying them to consume the content.
- Products must not be removed from Captivation Hub in any way shape or form. You do not have the Private Label Rights to remove these products from the Captivation Hub Platform.
-This is intended to be sold to an individual, this is not intended for mass/company use. Please contact us if you are interested in mass licensing of any of our PLR/WHITE LABEL products firstname.lastname@example.org.
2.2 Resell Rights (RR)
- Resell Rights give you permission to sell a digital product as it is, without making any changes to the content
- You can typically sell the product for a set price and keep all the profits
- However, you usually cannot claim ownership of the product, and you may not be able to modify it in any way
2.3 Master Resale Rights (MRR)
2.4 Buying Digital Content With within Captivation Hub:
When you buy Private Label Rights (PLR) content, you acquire certain rights to use and modify the content. However, the exact rights can vary based on the terms of the PLR product. This is specific to Online Profit Secrets (OPS) PLR’s/White Label's including "AI Secrets for Digital Marketers", "Funnels For Everyone", "Ads For Everyone", and "Course Creation Secrets", as well as other products that have been made available for you inside of Captivation Hub.
2.4.1. Modification: PLR buyers have the right to modify the content to suit their needs. You can edit, revise, and customize the content as you see fit, unless otherwise specified.
2.4.2 Rebranding: You can rebrand the PLR content with your own branding, logos, and contact information. This allows you to present the content as your own creation.
2.4.3. Resale: We grant the buyer (You) the right to resell the modified content to your customers. For the PLR/White Label products, you may resell them to individuals only. This is not for company wide mass consumption. All products must remain on Captivation Hub and cannot be removed from Captivation Hub.
2.4.4. Distribution: Buyers may have the right to distribute the modified content to their audience through various channels, such as their website, email list, social media, and more.
2.4.5. Membership Sites: Your customers can use the content in membership sites, where subscribers can access the content as part of their membership benefits as you see fit. However these membership sites cannot be removed from Captivation Hub.
2.4.6. Educational Use: Buyers can use PLR content to educate and inform their audience, whether through online courses, workshops, webinars, or presentations. They may not be used for mass company education please contact us for extended use terms: email@example.com
2.5 Branding and Attribution of PLR’s offered by Captivation Hub within Online Profit Secrets.The original copyright of the content remains with Captivation Hub. You have the right to sell the modified PLR content to your customers. You are responsible for determining your own pricing, terms of sale, and guarantees.
2.5.1 Transfer of Rights
The PLR license is not transferable, meaning that the buyer cannot sell or transfer the PLR rights to another party. You may not move the PLR funnels from OPS or Captivation Hub to another platform.
2.5.2 Copyright Notice
We advise buyers to include a copyright notice on any modified content they sell, indicating that the content was modified from your original PLR content. This is not intended to be legal advice. We do not offer any legal advice in regards to copyrights. Please discuss with your legal team if you are unsure.
2.6 Liability and Indemnification
While we grant the PLR license for the specific PLR’s given by Captivation Hub, we are not responsible for any consequences resulting from the use of the PLR content.We advise you to use the content responsibly and ensure it complies with laws and regulations in your jurisdiction.
2.7 Termination of License
Your PLR license may be terminated if we determine there is a breach of the terms or violation of copyright laws.
2.8 Intent To Harm Financially
If any actions taken by you show intent to financially harm Captivation Hub in any way, all access to PLR's will be immediately terminated and access to Captivation Hub revoked. As well additionally proceedings may commence. If you are made aware of anyone taking such actions, please email: firstname.lastname@example.org immediately.
2.9 Updates and Changes
You will receive updates to the PLR content and how they will be notified of any changes. If you are unsure of one of the above mentioned terms please reach out to us: Support@captivationhub.com
2.10 You Are Not Captivation Hub/ONLINE PROFIT SECRETS (OPS)
You are prohibited from representing yourself as a Captivation Hub employee or otherwise implying an association with Captivation Hub when reselling access to the PLR’s. You may not direct your customers to contact Captivation Hub for any reason, including but not limited to the purchase of the PLR’s offered in Online Profit Secrets.
2.11. Suspension and Termination.
We may suspend or terminate your ability to resell access to the content in Online Profit Secrets or Captivation Hub at our sole discretion, with or without notice, if you violate the the above policy or these Terms or for any other reason in our sole and absolute discretion. If your account is cancelled due to Suspension or Termination due to a violation of the Terms and Conditions, no refunds will be provided.
3. Prohibited Uses.
The Course Online Profit Secrets training is copyrighted and may not be distributed in any way. Repurposing our content in an ebook, youtube video, loom video, training site, or in a podcast (but not limited to these modes) violates copyright will be removed from the associated site by the Company without any prior notification to the infringing account holder, and may result in disciplinary action under these policies and procedures as well as the suspension or termination of the user’s account.
The following are considered Prohibited Uses of the Platform (Captivation Hub). Engaging in a Prohibited Use is a material breach of this Agreement for which Captivation Hub may immediately suspend or termination your Platform Account in accordance with these Terms:
As a general rule, fees are nonrefundable, and we don’t provide refunds or credits. Note that some subscription fees require minimum commitments. In those cases, we can’t cancel your subscription until you’ve fulfilled the minimum commitment. If you decide to pass through any subscription fees to your customers, you cannot mark-up the fees.
3.1 Trademarks, Copyrights, and Domain Names
Clients/customers may not use, attempt to register, or register with the U.S. Patent and Trademark Office, any state Trademark Office, any Trademark Office outside of the United States, or with any domain registrar any of the following or their translations (in any language), whether alone or
in combination with any other word(s), design(s), or symbol(s): (1) Our name Captivation
Hub/Online Profit Secrets (OPS); (2) Captivation Hub/Online Profit Secrets (OPS)’s brand names, trade names, trademarks, service marks, product names, domain names, symbols, logos, slogans, artwork, or other identifiers or designations of origin of Captivation Hub/Online Profit Secrets (OPS) (“Marks”),(3) anything confusingly or substantially similar to any of Marks as determined by Captivation Hub/Online Profit Secrets (OPS), including any portion of, modification to, or
derivative of any of the Marks. This restriction includes any use of any of the above as or in connection with any symbols, keywords, advertisement buys, hidden text, or any other activities that are considered Internet optimization; as any Internet domain name (including, without limitation, as a sub-domain on the Captivation Hub/Online Profit Secrets (OPS) website); or as the client’s account name or user ID within any blogs, social networking websites, or any
“posting” sites such as (but not limited to) Facebook, YouTube, Instagram, or X (Twitter), Etsy, Pinterest, TikTock; or as the numbers/designations within a clients’s phone number (for example, 1-800-BUY-OPS). Captivation Hub/Online Profit Secrets (OPS) products enjoy strong brand recognition. Because Captivation Hub/Online Profit Secrets (OPS) brands are well recognized, we must go to great lengths to protect them. So long as You are an active Independent Captivation
Hub/Online Profit Secrets (OPS) client, You have limited license to use the Marks for the sole purpose of building your Captivation Hub/Online Profit Secrets (OPS) business and if and when an affiliate program launches, selling Captivation Hub/Online Profit Secrets (OPS) products. You can download the Marks from your Captivation Hub Platform and You may only use the Marks that are available for download. That is, You must not try to copy or recreate any of the Marks or any mark that is similar to the Marks. You are expressly prohibited from modifying the Marks in any manner.
Finally, You must not use any of the Marks in any domain name, email address, social media handle, or use them in a team or company name, or use them in a customized license plate. We also have to protect our copyrighted material. Therefore, You may not copy or produce for sale, distribution, or advertising any of the Company’s copyright-protected material and may not
record Company events and speeches without express written permission from Captivation
Hub/Online Profit Secrets (OPS). Likewise, Captivation Hub/Online Profit Secrets (OPS) produces its own educational videos, some of which are posted in your membership area for Your use. These are for private use and must not be shared.
If You use any of Our copyrighted materials in your promotional material, which Captivation Hub/Online Profit Secrets (OPS) deems violates this Agreement or any of its intellectual property rights, it may ask you to immediately take down such promotional materials and remove Our
copyrighted materials; otherwise, You agree that Captivation Hub/Online Profit Secrets (OPS) shall have an irrevocable license to use the material You produce and shall not have any obligation to pay any form of remuneration or compensation to You. To the extent that clients become aware of any activity that may infringe on any trademark, copyright, or other intellectual property
rights of Captivation Hub/Online Profit Secrets (OPS), Clients should immediately inform Captivation Hub/Online Profit Secrets (OPS) via email at email@example.com. Clients should not, and are not authorized to, act on Captivation Hub/Online Profit Secrets (OPS)’s behalf in such situations for many reasons, including that any action could harm Captivation Hub/Online
Profit Secrets (OPS)’s ongoing enforcement efforts.
3.2 Social Media & Online Conduct
We understand that our clients rely heavily on social media as a tool to grow their business and share their passions. It is critical to remember that whether you do so by participating in a blog, video, Wiki, social network or any other form of online publishing or discussion, social media is
heavily regulated and includes the following set of rules and guidelines that Clients
You Are Responsible for Postings. You are personally responsible for Your postings and all of your other online activity that relates to Captivation Hub/Online Profit Secrets (OPS). Therefore, even if You don’t manage or operate a blog or social media site, if You post to any sit about Captivation Hub/Online Profit Secrets (OPS), You are responsible for the posting. You are also responsible for postings that appear on any blog or Social Media site that you manage or control even if someone else posts offending material on that site. Whenever you provide your personal opinion,
you must clarify what is your opinion rather than a Captivation Hub/Online Profit Secrets (OPS) position with a statement such as “The postings on my site are my own and do not necessarily represent the position, strategy or opinions of Captivation Hub/Online Profit Secrets (OPS) and its brands.”
Profit Secrets (OPS) provided content you may use from social media and other websites managed by Captivation Hub/Online Profit Secrets (OPS). At no time may any client upload or post more than two minutes of any original Captivation Hub/Online Profit Secrets (OPS) educational (audio or video) except as released by Captivation Hub/Online Profit Secrets (OPS) directly for client promotional use Content that exceeds these restrictions and/or time limit (including if divided into
multiple videos) or otherwise violates copyright will be removed from the associated site by the Company without any prior notification to the infringing account holder, and may result in disciplinary action under these policies and procedures as well as the suspension or termination of the user’s account.
Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.
4.2. Noncancellable Fees.
Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.
4.3. No Mark Ups.
You may not mark-up or increase any Captivation Hub Fees that you pass through to Your customers or third parties. You are solely responsible for all pass-through Fees and related expenses, including but not limited to refunds and charge backs of such pass-through Fees. Captivation Hub is not responsible for resolving issues or disputes between You and Your customers regarding pass-through Fees.You’re responsible for taxes related to the platform and transactions you conduct with your customers. You might have to indemnify Captivation Hub if there is a tax issue related to your platform usage.
We might terminate your account if we can’t collect payment from you. If you have a payment dispute, let us know right away.
4.4 Texting/Emailing Fees.
You are responsible for paying for your email fees/sms (texting) fees. Your monthly fee does not include unlimited/free emails/texting. This includes but is not limited to test emails. If your account was awarded a credit for emails/texting you will find this information within the billing portion of your account. If you are unsure of what these fees are please reach out to firstname.lastname@example.org.
You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. Captivation Hub may collect Taxes from you as part of the Fees as legally required or as Captivation Hub deems appropriate, and all Captivation Hub determinations regarding what Taxes to collect are final. Captivation Hub may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify Captivation Hub for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described below. Taxes are nonrefundable.
4.6. Overdue Amounts.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
4.7. Payment Disputes.
You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Captivation Hub determinations regarding your obligation to pay invoiced Fees and charges are final.
4.8. No Refunds or Credits.
Except as described below, all Fees assessed by Captivation Hub are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Captivation Hub does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, Captivation Hub reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Captivation Hub’s determination of if and when to issue or deny a refund or credit is final.
You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.i. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback. You will still have access to the account until the end of your payment term unless you wish to forego all access upon cancellation. All materials, including but not limited to funnels, automation sequences, workflows, digital courses, bonus funnels, and any other content or media, are the exclusive intellectual property of Captivation Hub. Unauthorized removal, transfer, or duplication of these materials to another platform or service, whether by manual or automated means, constitutes a breach of our agreement. Violators will be subject to legal action to the fullest extent permitted by law. Notwithstanding the foregoing, Captivation Hub does provide an option for the downloading of your customer data in accordance with applicable laws and regulations.
Please reach out to email@example.com if you have cancellation questions!
4.10 Facebook Support Group
Your access to the Facebook Support Group is dependant on your purchase of OPS AND having a current account with Captivation Hub. If you are behind in your payment to Captivation Hub you may be removed from the Facebook Group. Please contact firstname.lastname@example.org with any questions!
Captivation Hub offers an Affiliate Program under which customers may receive commissions for referring new accounts to Captivation Hub. Your participation in the Affiliate Program is subject to Captivation Hub’s approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your Captivation Hub account in order to earn and receive commission payouts. Commissions may be forfeited if Captivation Hub is unable to submit payment to your payment account for any reason.We own the platform and the content on it. You can use the content for the purpose of making the platform available to you and your customers.We own our trademarks and service marks.
6.1.1 Platform Content. The Platform and Platform Content are the property of Captivation Hub or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. Captivation Hub grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Captivation Hub is strictly prohibited.
6.1.2 Platform Content Removal. All materials, including but not limited to funnels, automation sequences, workflows, digital courses, bonus funnels, and any other content or media, are the exclusive intellectual property of Captivation Hub. Unauthorized removal, transfer, or duplication of these materials to another platform or service, whether by manual or automated means, constitutes a breach of our agreement. Violators will be subject to legal action to the fullest extent permitted by law. Notwithstanding the foregoing, Captivation Hub does provide an option for the downloading of your customer data in accordance with applicable laws and regulations.
6.2. Prohibited User Contributions. You are prohibited from posting User Contributions on the Platform that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform account. If you give us ideas on how to improve our platform or any other element of our business, then we have your permission to use that idea without compensating you.
6.3. Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Captivation Hub has no obligation to use the Feedback. You grant Captivation Hub and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Captivation Hub without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Captivation Hub or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to Captivation Hub, and neither your disclosure of the Feedback nor Captivation Hub's review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to Captivation Hub.
6.4. Feedback Waiver. You hereby irrevocably release and forever discharge Captivation Hub from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Captivation Hub with respect to the Feedback, including without limitation how Captivation Hub directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Captivation Hub's option and at your sole expense) to defend, indemnify, and hold Captivation Hub harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which Captivation Hub may incur as a result of use of the Feedback in accordance with these Terms.If you think someone is infringing your copyrights, let us know by following the process described in this section.
6.5. Copyright; Digital Millennium Copyright Act. If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to support@CaptivationHub.com To be effective, the notification must be in writing and contain the following information:
If a counter-notice is received by our copyright agent, we will send a copy of the counter-notice to the original complaining party, informing that person that Captivation Hub may repost the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
We may, at our sole discretion, limit access to the Platform and/or terminate the account of any user who infringes any intellectual property rights of others.Our platform doesn’t come with any warranties—it is provided “as is.”
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT CAPTIVATION HUB HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFROMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT CAPTIVATION HUB IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.CAPTIVATION HUB MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTIONAny direct damages that Captivation Hub might owe are capped at the amounts you paid us in the three month period before the act giving rise to the liability.Captivation Hub is not responsible for any damages that indirectly resulted from an incident
8. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL CAPTIVATION HUB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.If you breach these terms, give us inaccurate information, engage in gross negligence or willful misconduct, or if you or your customers violate the law, you might have to indemnify us.
If a third party claims that our platform violates their intellectual property rights, we’ll either (i) obtain the proper licenses so that you can continue using the platform; (ii) modify or replace the platform; or (iii) shut down the platform.You agree to defend, indemnify, and hold Captivation Hub harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any Captivation Hub property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform..If you have a claim related to these terms or the platform, you need to commence action within three months.
9. Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Sometimes money won’t fix the problem if you breach these terms. In those instances, we might seek equitable relief, like an injunction.
10. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Captivation Hub for which monetary damages would not be an adequate remedy, and Captivation Hub shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
11. Waiver And Severability
You agree that a breach of these Terms will cause irreparable injury to Captivation Hub for which monetary damages would not be an adequate remedy, and Captivation Hub shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.No waiver by Captivation Hub of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Captivation Hub to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
12. Change of Control
Captivation Hub may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Captivation Hub’s prior written consent which may be withheld at Captivation Hub’s sole discretion.
13. Entire Agreement
Except as noted below, these Terms constitute the sole and entire agreement between you and Captivation Hub with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Captivation Hub.Captivation Hub may enter into a separate agreement with you. The terms of any separate agreement between you and Captivation Hub will be considered a part of your entire agreement with Captivation Hub. To the extent there is a conflict between these Terms and the terms of your separate agreement with Captivation Hub, your separate agreement with Captivation Hub will control.We can terminate this agreement and your access to the platform at any time, for any reason.
14. Term and Termination
These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.
a. Grounds for Termination. You agree that Captivation Hub, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. Captivation Hub reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.
b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. Captivation Hub is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.
c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Platform or make adjustments, Captivation Hub requires written notice at least 30 days before your next billing date.
d. No Termination by Third Party Users. Captivation Hub has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Captivation Hub must contact the party who originally provided access to the Platform for any inquiries related to termination.
e. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.If we have a dispute that can’t be resolved, we will solve it using arbitration.Make sure you talk to a lawyer to understand this section.
15. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
16. Communications and Contact Information
All notices to a party shall be in writing and shall be made via email. Notices to Captivation Hub must be sent to email@example.com. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.
Captivation Hub may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Captivation Hub, you can click on the “unsubscribe link” provided in such communications or contact us at firstname.lastname@example.org .When you create a Platform account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. Captivation Hub will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Captivation Hub, do not respond to the email and notify Captivation Hub by emailing us at email@example.com .For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at firstname.lastname@example.org If a term is capitalized in this document, that means it has a specific definition.
Here’s the list of definitions for capitalized terms.
17.1. “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.
17.2. "Feedback” means ideas You provide to Captivation Hub regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to Captivation Hub’s business.
17.3. “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.
17.4. “Information” means data about You and Your customers that Captivation Hub collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.
17.5. “Login Credentials” means the username and password used to access your Platform Account.
17.6. “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through Captivation Hub’s website or mobile application.
17.7. “Platform Account” means the account you created in order to access and use the Platform.
17.8. “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.
17.9. “Prohibited Conduct” means the behaviors described in Section 3.
17.10. “Services” means the variety of product integrations and services that Captivation Hub makes available on the Platform. Services may include Third Party Services.
17.11. “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.
17.12. “Third Party Services” means any Services or other services owned and provided by a third party vendor that Captivation Hub makes available to You as a Service on or through the Platform.
17.13. “Training” means any training, information or suggested usages conveyed by Captivation Hub about the Platform.
17.14. “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Captivation Hub directly.
17.15. “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.
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