Terms of Service
Last updated: October 13, 2026
The Agreement
These terms govern every visit to our site and every service we deliver.
Your Responsibilities
Use our site honestly and legally. We handle the rest.
Questions?
Email us anytime at Randy@Capture1st.com.
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the Capture First website located at https://capture1st.com, our booking and scheduling tools, and the digital marketing and automation services we provide (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.
2. Eligibility
You must be at least 18 years old and legally able to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements and that the business information you provide is accurate.
3. Our Services
Capture First provides digital marketing services for local service contractors, including website design and development, local SEO, Google Business Profile optimization, Google Maps SEO, Google Local Services Ads (LSA) management, lead generation, marketing automation, CRM setup, missed-call text-back, AI receptionist, online booking, review management, and related services.
Marketing results — including lead volume, search rankings, ad performance, and call volume — vary by business, market, competition, and industry conditions. No specific outcome is guaranteed. We do not guarantee revenue, sales, leads, rankings, or advertising results.
4. Your Responsibilities
When you use our Services, you agree to:
- Provide accurate, current, and complete business and account information.
- Maintain the security of any credentials, logins, or access you share with us, and promptly update us on changes.
- Comply with all applicable laws, including consumer protection, advertising, telephone consumer protection (TCPA), CAN-SPAM, and data privacy laws relevant to your use of our marketing, SMS, and automation tools.
- Obtain any required consent before sending SMS messages, emails, or marketing communications through the systems we set up for you.
- Provide the content, imagery, and brand assets needed to build and operate your website and campaigns.
- Not use our Services for unlawful, misleading, deceptive, or fraudulent purposes.
5. Accounts, Billing & Payment
Service fees, setup fees, and recurring monthly fees are described on our pricing page and in your service agreement or invoice. Unless otherwise stated, plans require a three-month minimum commitment. After the minimum term, plans renew monthly until cancelled in writing.
Payments are processed through our third-party payment processor, Stripe. By making a payment, you agree to Stripe's terms and authorize us to charge the payment method on file for recurring fees until you cancel. Cancel by emailing Randy@Capture1st.com with at least 30 days' notice before the next billing date.
6. Refunds & Cancellation
Setup fees for website design are non-refundable once work has begun, because they cover the labor of building your site and automation. Monthly service fees are non-refundable once a billing cycle has started. You may cancel future billing by giving 30 days' written notice before your next renewal date.
Capture First may terminate or suspend services immediately if you breach these Terms or use our Services unlawfully.
7. Intellectual Property
All content on our website — including text, graphics, logos, designs, layouts, and software — is the property of Capture First or its licensors and is protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our written permission.
Upon full payment of all applicable fees, you receive a license to use the website and creative assets we build for your business. Capture First retains ownership of its proprietary tools, templates, code, and methodologies. We may display your business name and logo in our portfolio and marketing, unless you opt out in writing.
8. Client Content & Representations
You are solely responsible for the content you provide to us and for ensuring you have the rights to use it. You represent that all materials you give us do not infringe any third party's intellectual property, privacy, or other rights, and that all claims, testimonials, and marketing claims you publish are truthful and substantiated.
9. Disclaimers
Our Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our Services will be uninterrupted, error-free, secure, or that errors will be corrected.
You use our Services at your own risk. Any reliance on advice or information from Capture First is at your own discretion and risk.
10. Limitation of Liability
To the fullest extent permitted by law, Capture First and its owners, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, leads, revenue, or business — arising from your use of, or inability to use, our Services, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to these Terms or the Services is limited to the amount you have paid us in the three months preceding the claim.
11. Indemnification
You agree to indemnify and hold Capture First harmless from any claims, damages, losses, and expenses — including reasonable legal fees — arising from your content, your breach of these Terms, your violation of any law or third-party right, or your use of our Services.
12. Third-Party Services
Our Services integrate with third-party platforms — including Google, Meta (Facebook), our calendar and booking provider, CRM, SMS, and payment processor. Each third party has its own terms and privacy policies that govern your use of their services. We are not responsible for the actions or policies of third-party providers.
13. Governing Law
These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law principles. Any disputes arising from these Terms or our Services will be resolved in the state or federal courts located in Ohio.
14. Changes to These Terms
We may update these Terms at any time. When we do, we will revise the "Last updated" date at the top. Your continued use of our Services after changes are posted means you accept the updated Terms.