Terms of Service

Overview

These Terms of Service govern your access to and use of the websites operated by CapePoint LLC, including capepoint.com, zuluroad.com, capetech.it, and capetech.ai (collectively, the “Websites”). CapePoint LLC (“CapePoint,” “we,” “us,” or “our”) is the parent company of ZuluRoad Marketing, CapeTech IT, and CapeTech AI.

By using any of our Websites, you agree to be bound by these Terms. If you do not agree, please do not use our Websites.

Eligibility

Our Websites are accessible to users worldwide, subject to applicable local laws. You are responsible for ensuring your use of our Websites complies with the laws of your jurisdiction. Users under the age of 13 should not submit any personal information through our Websites.

Services Overview

Through our Websites, CapePoint and its brands offer or describe the following services:

• AI and automation consulting, development, and managed services through CapeTech AI
• Marketing strategy, execution, and managed services through ZuluRoad Marketing
• Managed IT services, infrastructure, and technical support through CapeTech IT

Engagement of any services described on our Websites is subject to a separate service agreement between you and the relevant CapePoint brand entity. These Terms of Service govern your use of the Websites only and do not constitute a service agreement.

AI and Automation Services

CapePoint develops and deploys AI-powered tools, intelligent agents, and automation workflows. Where you engage us for such services, the following applies:

• AI-generated outputs, agent actions, and automated recommendations are provided as tools to support your operations and do not constitute professional, legal, financial, or other specialist advice
• You are responsible for reviewing, approving, and acting on any AI-generated outputs before implementation
• We do not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated content or automated output
• Use of AI tools in service delivery may involve third-party AI platforms. Details of any such processing will be documented in your service agreement and, where applicable, a Data Processing Agreement

AI models and workflows developed for your specific use case remain subject to the intellectual property and ownership terms set out in your service agreement.

Marketing Services

Where ZuluRoad Marketing delivers services on your behalf:

• Campaign performance is subject to platform algorithms, market conditions, and other factors outside our control. We do not guarantee specific marketing outcomes
• You are responsible for ensuring that all content, offers, and claims you ask us to promote comply with applicable advertising laws and regulations
• Access to your advertising accounts, analytics platforms, and related tools will be governed by your service agreement

Ownership of creative assets, campaign data, and account access on termination will be set out in your service agreement.

IT Services

Where CapeTech IT delivers managed IT services:

• Service levels, response times, and scope of support are defined in your Service Level Agreement
• Access to your systems and infrastructure is strictly limited to what is required for service delivery
• We are not liable for downtime, data loss, or security incidents arising from factors outside our reasonable control, including third-party platform failures or client-side actions

Data handling obligations during IT service delivery are governed by your service agreement and any applicable Data Processing Agreement.

Intellectual Property

All content on our Websites, including text, graphics, logos, images, and other materials, is owned by or licensed to CapePoint LLC and protected by applicable intellectual property laws. You are granted a limited, non-exclusive licence to view and use the Websites for personal and informational purposes only.

You may not reproduce, copy, modify, distribute, or create derivative works from any content on our Websites without prior written permission from CapePoint LLC.

Intellectual property rights in deliverables created under a service engagement are governed by the applicable service agreement.

Acceptable Use

You agree not to use our Websites in any way that:

• Violates any applicable law or regulation
• Infringes the rights of any third party
• Interferes with the operation of the Websites or the experience of other users
• Involves data mining, scraping, or automated data collection without our express written consent

Your Content

If you submit any content through our Websites, you grant CapePoint LLC a non-exclusive, worldwide, royalty-free licence to use, reproduce, and distribute that content for the purposes of operating and improving our Websites. You represent that you have the right to submit such content and that it does not violate any third-party rights.

We reserve the right to remove any content you submit at any time and for any reason.

Disclaimer of Warranties

Our Websites and any content or information provided through them are offered on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or fitness for purpose of any content. Nothing on our Websites constitutes professional, legal, financial, technical, or other specialist advice.

Limitation of Liability

To the fullest extent permitted by law, CapePoint LLC shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of or inability to use our Websites, including loss of data, loss of revenue, or business interruption. This limitation applies whether the claim arises in contract, tort, or otherwise.

Indemnification

You agree to indemnify and hold harmless CapePoint LLC and its affiliates, officers, employees, and agents from any claims, damages, or expenses arising from your use of the Websites, your violation of these Terms, or your infringement of any third-party rights.

Third-Party Links and Platforms

Our Websites may contain links to third-party websites and references to third-party platforms used in service delivery. We are not responsible for the content, terms, or privacy practices of those websites or platforms. Accessing third-party content from our Websites is at your own risk.

Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Your continued use of the Websites after changes are posted constitutes your acceptance of the updated Terms.

Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Websites shall be subject to the exclusive jurisdiction of the state and federal courts located in Massachusetts.

Severability

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. The remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CapePoint LLC regarding your use of our Websites. They do not supersede any separate service agreement you may have with CapePoint or its brand entities.

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