Terms & Conditions

1. AGREEMENT TO TERMS

By accessing or using the ONE by Capsule Five platform, website, or any related services (“Services”), you agree to be bound by these Terms and Conditions. If you do not agree, do not use the Services.

2. DESCRIPTION OF SERVICES

ONE by Capsule Five provides a SaaS platform offering CRM, sales pipeline management, two-way SMS and email communication, calendar booking, marketing automation, and related tools designed for independent insurance agencies and other small businesses.

3. ELIGIBILITY

You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of yourself or your business. By using the Services, you represent and warrant that you meet these requirements.

4. ACCOUNTS AND ACCESS

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized account access that results from your failure to safeguard your credentials.

5. SMS MESSAGING TERMS — A2P COMPLIANCE

This section governs your use of SMS features within the ONE platform and our own outbound SMS communications to you.

5.1 Consent to Receive Messages from Us
By submitting a form on our website or opting in through any designated method, you consent to receive text messages from ONE by Capsule Five. These messages may include appointment confirmations, service updates, sales follow-up, and promotional communications. Consent is not required as a condition of purchasing any service.

5.2 Your Use of SMS Features Within the Platform
If you use the ONE platform to send SMS messages to your own contacts and customers, you agree to:

  • Obtain express written consent from all recipients before sending any marketing or promotional SMS messages
  • Clearly identify yourself or your agency as the sender in every message
  • Honor all opt-out requests promptly — within 10 business days at the latest, but immediately where technically feasible
  • Include opt-out instructions (e.g., “Reply STOP to unsubscribe”) in all marketing messages
  • Not send messages to numbers on the National Do Not Call Registry unless you have a pre-existing business relationship and appropriate consent
  • Comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA Messaging Principles and Best Practices, and all applicable federal, state, and carrier regulations
  • Not use the platform to send spam, unsolicited bulk messages, phishing content, or any content that is harassing, deceptive, or illegal
  • Maintain records of consent for a minimum of 4 years

5.3 A2P 10DLC Registration
The ONE platform operates on registered A2P 10DLC (Application-to-Person 10-Digit Long Code) infrastructure. By using SMS features, you acknowledge that your use is subject to carrier registration requirements. You may be required to provide your business name, EIN, and campaign use case for registration. Failure to comply with registration requirements may result in message filtering or suspension of SMS capabilities by carriers.

5.4 Prohibited SMS Content
You may not use the SMS features of the ONE platform to send content related to: SHAFT categories (Sex, Hate, Alcohol, Firearms, Tobacco), illegal substances, phishing or fraud, or any content that violates carrier guidelines or applicable law.

5.5 Opt-Out and Help Commands
All SMS campaigns must support the following standard commands:

  • STOP — Immediately unsubscribes the recipient. No further messages may be sent after a STOP reply except a single opt-out confirmation.
  • HELP — Returns a help message with your business name and a support contact method.
  • START / UNSTOP — Re-subscribes a previously opted-out number if the recipient initiates re-enrollment.

6. ACCEPTABLE USE

You agree not to use the Services to:

  • Violate any applicable local, state, national, or international law or regulation
  • Transmit any content that is unlawful, defamatory, obscene, fraudulent, or invasive of another’s privacy
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to any part of the Services or related systems

7. PAYMENT AND BILLING

Subscription fees are billed monthly or annually as selected at signup. All fees are non-refundable except as required by law or as explicitly stated in a separate service agreement. We reserve the right to change pricing with 30 days’ written notice. Failure to pay may result in suspension or termination of your account.

8. CANCELLATION

You may cancel your subscription at any time by emailing help@capsulefive.com. Cancellation takes effect at the end of the current billing period. You will retain access to the platform through the end of the paid period. No prorated refunds are issued for partial months.

9. INTELLECTUAL PROPERTY

All content, branding, workflows, templates, and materials provided through the ONE platform remain the intellectual property of Capsule Five or its licensors. You may not reproduce, resell, or distribute any platform content without express written permission.

10. THIRD-PARTY PLATFORMS

The ONE platform is built on GoHighLevel’s white-labeled infrastructure. Your use of the platform is also subject to GoHighLevel’s terms of service and acceptable use policies. We are not liable for service interruptions or changes attributable to GoHighLevel or other third-party providers.

11. DISCLAIMER OF WARRANTIES

The Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law, ONE by Capsule Five shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the Services — even if we have been advised of the possibility of such damages. Our total liability to you for any claim shall not exceed the amount you paid us in the 3 months preceding the claim.

13. INDEMNIFICATION

You agree to indemnify and hold harmless Capsule Five, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party — including any TCPA, carrier, or A2P compliance violations resulting from your use of SMS features.

14. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Maricopa County, Arizona.

15. CHANGES TO THESE TERMS

We reserve the right to update these Terms at any time. We will notify you of material changes via email or a notice within the platform. Continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.

16. CONTACT

For questions about these Terms, contact us at:

Email: help@capsulefive.com

Privacy Compliance: josh@capsulefive.com

Mailing Address:
Capsule Five
5221 S Empirical
Mesa, AZ 85212
United States