Terms of Service

Effective date: June 25, 2026

These Terms of Service (“Terms”) govern your use of cappedoutlabs.com and any services provided by Capped Out Media LLC (“Capped Out Media,” “Company,” “we,” or “us”), which does business as Capped Out Labs. By accessing the website, submitting a form, or communicating with us, you agree to these Terms. If you do not agree, do not use the website.

1. Services Overview

We provide AI infrastructure, consulting, and implementation services for businesses, offered in tiered engagements and subject to a separate service contract.

2. Application Process

Submitting a form does not guarantee acceptance or create a binding agreement. We review applications at our discretion and may decline any for any lawful reason.

3. Discovery Calls

Discovery calls are complimentary and carry no obligation. No services are rendered and no fees are charged during them.

4. Communications and TCPA Consent

By providing your phone number and checking the consent box, you give your prior express written consent for Capped Out Media to contact you at that number for marketing and informational purposes, including by automated dialing technology, artificial, prerecorded, or AI-generated voice, and SMS text messages. You confirm that you are the subscriber or customary user of the number and are authorized to give this consent. Consent is not a condition of purchasing any goods or services. Message frequency varies, and message and data rates may apply. You may withdraw consent at any time by replying STOP to a text, telling us on a call, or emailing hello@cappedoutlabs.com.

5. SMS Messaging Terms

Reply STOP to opt out and HELP for help. Message and data rates may apply. We do not sell or share your mobile opt-in with third parties for their marketing. Carriers are not liable for delayed or undelivered messages.

6. AI Interactions and Call Recording

You understand and agree that some calls may be placed or handled by an automated AI agent using a synthetic or prerecorded voice, and that calls may be monitored or recorded for quality, training, and record-keeping, to the extent permitted by law.

7. Service Agreements

All paid engagements are governed by a separate Master Services Agreement (MSA) or Statement of Work (SOW) signed by both parties. These Terms are not a service agreement. Pricing, scope, timelines, and deliverables are defined only in the executed contract.

8. No Guarantee of Results

Any results, revenue figures, or case studies shown on this website are specific to those clients and are not promises or guarantees of your results. Your results depend on many factors, including your market, execution, and effort. All business involves risk. Nothing on this website is financial, legal, or tax advice.

9. Intellectual Property

All website content, including text, graphics, logos, videos, and design, is owned by Capped Out Media LLC and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from it without written permission.

10. Accuracy of Information

You agree to provide accurate, current, and complete information. We may decline applications that contain false or misleading information.

11. Disclaimer of Warranties

The website and any free materials are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, Capped Out Media LLC is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the website or services. Our total liability for any claim will not exceed the amount you paid us for services in the twelve months before the claim, or $100 if you paid nothing.

13. Indemnification

You agree to indemnify and hold harmless Capped Out Media LLC, its members, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the website, your content, or your breach of these Terms.

14. Confidentiality

Information shared during the application process and discovery calls is treated as confidential. We will not share your business information except as needed to provide services or as required by law.

15. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully, as it affects your legal rights. You and Capped Out Media agree that any dispute arising out of or relating to these Terms, the website, or our communications (including calls and texts) will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. The arbitration will take place in Utah or by remote means. You and Capped Out Media waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. If this class waiver is found unenforceable, the rest of this section still applies. You may opt out of this arbitration agreement by emailing hello@cappedoutlabs.com within 30 days of first accepting these Terms.

16. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. Subject to Section 15, the courts located in Utah have exclusive jurisdiction.

17. Termination

We may restrict or terminate your access to the website at any time, without notice, for any lawful reason.

18. Force Majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, outages, or third-party service failures.

19. General

If any provision is held unenforceable, the rest stays in effect. These Terms, together with any executed service contract, are the entire agreement between you and us. We may assign these Terms; you may not assign them without our consent. Our failure to enforce any provision is not a waiver.

20. Changes to Terms

We may update these Terms. Continued use after changes means you accept the revised Terms.

21. Contact

Email: hello@cappedoutlabs.com
Company: Capped Out Media LLC (dba Capped Out Labs)