Terms of service. In plain words.

Who this is between

These terms are between CAPITALY.ai, based in Sydney, New South Wales, Australia (Capitaly, we or us), and the company, fund or person that holds the account. They cover the Capitaly website, product, agents and related services.

By creating an account or using Capitaly, you agree to these terms, our privacy policy and our cookie policy. If you accept them for an organisation, you are saying you may bind it, and you means that organisation.

Who can use it

You must be at least 18 and able to form a binding contract. Give us accurate account details and keep them current.

You look after your sign in, API keys and connected accounts, and you are responsible for what happens under your account. Tell us at [email protected] straight away if you think someone else has access.

What we provide

Capitaly finds investors, sends and answers email on the inboxes you connect, books meetings, runs the deal room, writes investor updates and takes actions in the tools you connect, inside the limits you set.

While your plan is active, we give you a limited, non exclusive, non transferable right to use Capitaly for your own business. We improve the product over time, and some new features may come with their own terms or fees.

It is an AI employee, not a person. It hands a conversation to you when it should, and it says it is AI when asked.

Your agents and your approvals

The agents act on your instructions, on a schedule or when asked. You choose what they may send, share and change, and what waits for your approval.

AI can be wrong, incomplete or unexpected. Review what matters, keep approval on anything you cannot afford to get wrong, and do not rely on the agents alone for a decision about money, securities or a legal obligation.

What you are responsible for

The inboxes, documents and tools you connect, and your right to connect them.

What you tell the agents they may say and do. You set the limits; we hold them.

The accuracy of the company information, metrics and documents you give investors, and meeting the securities, marketing and privacy rules that apply to your raise.

Keeping your account credentials to the people who should have them.

What you must not do

Use Capitaly to mislead an investor, to contact people who have asked you not to, to send bulk unsolicited email, or to break securities, marketing or privacy law where you or they are.

Send malware, spam, or content that is defamatory, harassing or hateful, or use Capitaly for anything unlawful or fraudulent.

Get into systems, accounts or data you are not allowed into, or probe the service for weaknesses without asking us first.

Work around rate limits, plan limits, approvals or security controls, resell Capitaly as your own, use it to build a competing product, or reverse engineer the hosted service except where the law allows it.

Not financial advice

Capitaly helps you run a raise. It does not give legal, tax or investment advice, and it is not a broker, dealer, adviser, funding portal or fundraising intermediary. Capitaly never holds or moves investment money.

Tools and providers you connect

Capitaly works through email providers, calendars, CRMs, document tools and AI model providers. The ones you connect are governed by their own terms and privacy policies, and you are responsible for following them and for any costs they charge.

We do not control those services and are not responsible for their availability, security or output. Connecting them is your choice.

Your data and what the agents produce

Your emails, investors, documents, metrics and the work the agents produce for you are yours. You let us host, copy, process and display them only to run, secure and improve Capitaly for you, as our privacy policy describes.

You confirm you have the right to give us that content and to let the agents act on it. We do not train models on your data.

Plans, fees and taxes

Paid plans are billed in advance on a recurring basis through our payment processor. Custom plans follow their own order form. By subscribing you let us charge your payment method at each renewal until you cancel.

Fees do not include taxes, which you pay. Fees are not refundable unless the law requires it. We give reasonable notice before a price change, and it takes effect at your next renewal. You can cancel at any time, and cancelling takes effect at the end of the billing period.

Trials and early features

We may offer free trials and features marked as beta, preview or early access. They are provided as they are, can change or stop at any time, and come without warranty to the extent the law allows.

Our intellectual property

The Capitaly software, design, documentation, name and marks belong to CAPITALY.ai or its licensors. Apart from the rights these terms give you, we keep all rights.

If you send us feedback, we may use it without any obligation to you.

Confidentiality

Each of us may see the other's confidential information. We each use it only for this agreement, protect it with reasonable care, and share it only with people who need it and are bound to keep it confidential. This does not cover information that is public, independently developed or rightly received from someone else.

The honest limits

Capitaly is software. It will sometimes get things wrong, and a provider we depend on will sometimes be down. We provide the service as it is and as available, without warranties of any kind, including fitness for a particular purpose, to the extent the law allows.

We do not promise that the service will be uninterrupted or error free, or that anything an agent writes will be accurate, complete or right for your purpose.

Liability

To the extent the law allows, neither of us is liable for indirect, incidental, special, consequential or punitive losses, or for lost profits, revenue, data or goodwill.

Our total liability is limited to what you paid us in the twelve months before the event that caused the claim. Nothing here removes a right you have under the Australian Consumer Law or any other consumer law that applies to you.

Indemnity

You will defend and cover Capitaly against third party claims, losses and reasonable legal costs that come from your use of Capitaly, your content, or your breach of these terms or the law.

Stopping

You can stop at any time and we will export what we hold. We can suspend or close an account that breaks these terms, does not pay, puts others at risk, or where the law requires it, and we will tell you why.

After an account closes you have a reasonable period to export your content, after which we delete or anonymise it as our privacy policy describes. Clauses that should outlast the account, such as liability and confidentiality, do.

Changes

If we change these terms in a way that matters, we update the date above and tell account holders before it takes effect. Using Capitaly after that means you accept the change.

Law and disputes

These terms are governed by the laws of New South Wales, Australia, without regard to conflict of laws rules. We will first try to settle any dispute informally, and anything unresolved goes to the courts of New South Wales, unless mandatory local law says otherwise.

The rest

These terms, any order form and the policies they refer to are the whole agreement between us. If one clause cannot be enforced, the rest still apply, and not enforcing a clause is not a waiver.

You may not transfer these terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets. Neither of us is liable for delays caused by events beyond reasonable control.

Asking us about it

[email protected]. A person reads it.