Terms of Service

Who this agreement is with

These terms are an agreement between your business (“you”) and Muhammad Haad Farrukh Chaudhry, ABN 67 714 965 580 (“we”, “us”), who provides Capture. By ticking “I agree” on your card page, or by using Capture, you accept these terms. If you accept them for a business, you confirm you can bind that business.

What Capture does

Capture is an AI assistant that answers your business's calls, texts, website chat and Instagram messages, and books appointments. Its replies are written by AI and can sometimes be wrong. You stay responsible for how your business deals with your customers, so check your dashboard and correct anything Capture gets wrong.

Founding clinics

The first 10 clinics that join as founding clinics are covered by the Book or Don't Pay Guarantee. You pay $0 until Capture has made 5 bookings for you. After the 5th booking you pay your plan's monthly price ($149 a month on Spark), and it stays at that price for as long as your subscription continues. The guarantee explains what counts as a booking and when your first month starts. If the guarantee and these terms ever differ, the guarantee applies. A founding clinic on Growth or Scale also gets a written agreement on its card page, and that agreement is part of these terms.

Paying

Once any $0 period ends, your plan is charged monthly in advance to the card you saved, through Stripe. Your plan and its price are shown in Capture under Settings › Billing. We are not registered for GST, so no GST is added.

Extra use

Founding clinics: normal use is included. If your clinic regularly uses far more than a typical clinic, we will talk to you first, and nothing extra is ever charged without your agreement.

Other plans: each plan includes a set number of call minutes and texts a month. Use beyond that is charged at the rates shown for your plan in Capture.

Cancelling

Cancel any time. There is no lock-in contract and no notice period. Cancel in Capture under Settings › Billing › Cancel plan, or email or text us and we will do it for you.

• Founding clinic, before your first payment: your plan ends straight away and you owe nothing.
• Founding clinic, within 60 days of your first payment: your plan ends straight away and we refund your most recent monthly payment in full.
• Everyone else: Capture keeps running until the end of the month you have already paid for, then stops. You are not charged again.

Refunds

Founding clinics: if you cancel within 60 days of your first payment, we refund your most recent monthly payment in full. No questions and no forms: reply to any Tellix email or text us. Refunds go back to your card within 10 business days.

Otherwise, when you cancel, the current month is not refunded. Nothing in these terms limits your rights under the Australian Consumer Law.

Your data

What we hold: the contact details of people who get in touch with your business (such as names, phone numbers and email addresses), the messages, call recordings and transcripts of their conversations with Capture, the bookings Capture makes, and your own account details and settings.

It is your data. We use it only to run Capture for you. We don't sell it, and we never share one clinic's data with another clinic.

Where it goes: to run Capture we use the providers below. Some of them are overseas, including in the United States, Singapore, China and the European Union.

• Supabase: our database, in Sydney, Australia.
• Hetzner: the server that runs Capture, in Singapore.
• Vercel: hosts your Capture dashboard.
• Anthropic and Google: AI models that write Capture's replies and check messages.
• DeepSeek: the AI model behind Axis, the assistant in your dashboard. It sees what you ask Axis and the records Axis looks up to answer. DeepSeek is based in China.
• Retell AI: answers phone calls and stores call audio and transcripts. It uses other AI and voice providers, including OpenAI, to run the calls.
• Twilio: phone numbers and text messages.
• Meta: Instagram messages.
• Postmark: the emails we send you about calls and messages.
• Cal.com: bookings, if your calendar is on Cal.com.
• Stripe: your billing details. It does not get your customers' data.
• Anthropic (Claude): only if you connect Claude to your Capture workspace.

You remain responsible for your own privacy obligations to your customers, including telling them how their information is handled (for example in your privacy policy) and getting any consent you need.

Capture always tells the people it talks to that it is an AI. This can't be turned off.

When you leave, you can export your data before you go. Ask us and we will delete it, unless the law requires us to keep some of it. Our Privacy Policy has more detail.

Health

Capture never gives clinical advice. If you work in health, don't put clinical notes or health records into Capture.

Using Capture properly

Don't use Capture to break the law, send spam or mislead people. Keep your login safe and tell us straight away if you think someone else has used it.

When things go wrong

We work to keep Capture running at all times, but we can't promise it will never be down, and some outages come from providers we rely on. Nothing in these terms excludes rights you have under the Australian Consumer Law that can't be excluded. Otherwise, as far as the law allows, we are not liable for indirect or consequential loss, such as lost profits or missed bookings, and our total liability to you is limited to what you paid us in the 12 months before the claim.

Changes to these terms

We may update these terms. We will email you before a change that affects you takes effect, and you can cancel if you don't agree. We won't change the founding offer for clinics already in it.

Law and courts

These terms are governed by the law of New South Wales, Australia. The courts of New South Wales, and the courts that hear appeals from them, deal with any dispute.

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