CAPXEL SECURITY

CAPXEL SECURITY Terms of Service

Effective Date: November 11, 2025

TABLE OF CONTENTS

  1. Acceptance of Terms
  2. Description of Services (One‑Off Intelligence Reports)
  3. Accounts & Access
  4. Fees, Payment, and No‑Refund Policy
  5. Permitted Uses; Prohibited Uses
  6. Data Sources, Handling, and Privacy
  7. Confidentiality
  8. Intellectual Property & Licenses
  9. Warranties; Disclaimers
  10. Indemnification
  11. Limitation of Liability
  12. Term and Termination
  13. Dispute Resolution; Governing Law
  14. Changes to these Terms
  15. Notices
  16. Miscellaneous

1) Acceptance of Terms

Welcome to Capxel Security LLC ("Capxel Security," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of Capxel Security's website(s), portals, and one‑off intelligence report services (collectively, the "Services"). By ordering, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are accepting on behalf of an entity, you represent that you have authority to bind that entity.

2) Description of Services (One‑Off Intelligence Reports)

Capxel Security provides project‑based, one‑off intelligence deliverables—including digital dossiers, threat and background summaries, identity verification analyses, and related findings—compiled from licensed data partners and OSINT (open‑source intelligence), and packaged into reports delivered to the customer ("Client").

  • No ongoing tracking/marketing services. The Services do not include ad targeting, audience segmentation, or continuous tracking pixels.
  • No ingestion of Client consumer data. Except for minimal instructions or context necessary to scope a project, we do not require or rely on "Client Data" about end‑users. Our reports are produced from lawful third‑party and open sources.
  • Professional judgment. Analyses include professional opinions based on available data at the time of work; they are not guarantees of outcomes and are not legal advice.

3) Accounts & Access

Certain features may require an account. You must provide accurate information and maintain the security of your credentials. You are responsible for all actions taken under your account.

4) Fees, Payment, and No‑Refund Policy

  • Project Fees. Fees are quoted per project or per report and are due as specified on the invoice or order form (e.g., milestone or upfront).
  • Payment Methods. ACH or credit card; card payments may include processing fees.
  • No Refunds. Given the nature of intelligence deliverables (irreversible access to data and insights), all fees are final and non‑refundable once work begins or any portion of a report is delivered.
  • Chargebacks. Initiating a chargeback for a valid charge is a material breach. We may suspend Services, pursue recovery of amounts and fees, and seek available remedies.
  • Taxes. Fees exclude taxes; Client is responsible for applicable taxes other than taxes on our net income.

5) Permitted Uses; Prohibited Uses

5.1 Permitted Uses

Subject to these Terms, Client may use delivered reports solely for Client's internal, lawful purposes related to risk management, protection, due diligence, investigations, or compliance.

5.2 Prohibited Uses (without limitation)

Client shall not:

  • Use any report for advertising, marketing, solicitation, or commercial profiling of consumers.
  • Use reports to make eligibility determinations under the FCRA or similar laws (e.g., credit, employment, insurance, housing).
  • Use reports for harassment, doxxing, stalking, vigilantism, or unlawful discrimination.
  • Reverse engineer, scrape, or extract underlying source data beyond what is presented, or attempt to reidentify any redacted information.
  • Resell, sublicense, publish, or distribute reports to third parties (other than (i) Client's professional advisors under confidentiality or (ii) as required by law after providing us notice where legally permitted).
  • Interfere with or misuse the Services or attempt to bypass security or access controls.
  • Use any report in AI model training or dataset creation.

6) Data Sources, Handling, and Privacy

  • Sources. Reports are compiled from licensed data partners and public/open sources (OSINT) such as public records, court filings, corporate registries, media, and publicly available online content.
  • No Client End‑User Data. We do not require Client to provide consumer datasets; if Client submits any materials (e.g., a name or limited context to scope a search), Client represents it is legally permitted to do so.
  • Privacy. We process personal information in accordance with our Capxel Security Privacy Policy. We do not sell personal information.
  • Retention. We retain project records only as long as needed for legitimate business purposes or legal requirements and then securely delete or anonymize.

7) Confidentiality

Each party may receive non‑public information of the other party ("Confidential Information"). The receiving party will protect it with at least reasonable care, use it solely to perform or receive the Services, and not disclose it to third parties except to personnel and service providers under obligations of confidentiality or as required by law. Confidentiality obligations survive termination.

8) Intellectual Property & Licenses

  • Capxel Security Technology. We retain all rights in our methods, tools, software, templates, know‑how, and proprietary data relationships ("Capxel Security Technology").
  • Reports (Deliverables). Upon full payment, Client receives a non‑exclusive, non‑transferable, non‑sublicensable, revocable license to use the specific report(s) delivered for Client's internal lawful purposes.
  • No Implied Rights. Except for the foregoing report license, no intellectual property rights are transferred. Client may not remove notices, watermarking, or metadata we include for security or provenance.
  • Feedback. Client grants us a perpetual, royalty‑free license to use feedback to improve the Services.

9) Warranties; Disclaimers

  • Authority. Each party warrants it has the authority to enter into these Terms.
  • Compliance. Client warrants its intended use of the reports will comply with all laws and these Terms.
  • AS IS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ACCURACY, COMPLETENESS, CURRENCY, NON‑INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANALYSES MAY CONTAIN ERRORS, GAPS, OR BIASES; DATA MAY CHANGE OR BECOME OUTDATED. WE DO NOT PROVIDE LEGAL, FINANCIAL, OR MEDICAL ADVICE.

10) Indemnification

Client will indemnify, defend, and hold harmless Capxel Security and its affiliates, officers, employees, and agents from any third‑party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) Client's use or disclosure of any report or the Services, (b) Client's breach of these Terms, or (c) Client's violation of law or third‑party rights.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPXEL SECURITY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR CLIENT'S PAYMENT OBLIGATIONS AND BREACHES OF SECTION 7 (CONFIDENTIALITY) OR SECTION 10 (INDEMNIFICATION), THE AGGREGATE LIABILITY OF CAPXEL SECURITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT FOR THE SPECIFIC REPORT OR PROJECT GIVING RISE TO THE CLAIM.

12) Term and Termination

These Terms apply from the earlier of (i) your first access to the Services or (ii) your first order, and continue until terminated. Either party may terminate for material breach if not cured within 30 days of written notice (7 days for non‑payment). Upon termination: (a) accrued fees are immediately due; (b) the report license continues for reports already delivered and paid for, subject to these Terms; (c) Sections 5–11 and 13–16 survive.

13) Dispute Resolution; Governing Law

  • Good‑Faith Resolution. The parties will attempt to resolve disputes through good‑faith discussions.
  • Arbitration. Any unresolved dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration under the Rules of the American Arbitration Association. Venue: Pinellas County, Florida. Judgment on the award may be entered in any court of competent jurisdiction.
  • Governing Law. Florida law governs, without regard to conflict‑of‑laws principles.

14) Changes to these Terms

We may update these Terms from time to time. Material changes will be posted with a new "Effective Date." Your continued use after changes become effective constitutes acceptance.

15) Notices

You agree to receive notices electronically via the email you provide and/or via postings in your portal. Notices to Capxel Security should be sent to legal@capxelsecurity.com with a copy to any address we designate on our website from time to time.

16) Miscellaneous

  • Assignment. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale.
  • Force Majeure. Neither party is liable for delays or failures due to causes beyond reasonable control.
  • Independent Contractors. The parties are independent contractors, not partners, agents, or joint venturers.
  • Severability; Waiver. If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
  • Entire Agreement. These Terms (and any order form or statement of work) constitute the entire agreement regarding the Services and supersede prior understandings on this subject.

Questions?