Terms of Service
Last Updated: February 2026
These Terms of Service (“Terms”) govern your access to and use of the CapySays platform (the “Service”), operated by Southax LLC, a Georgia limited liability company (“Southax,” “Company,” “we,” “us,” or “our”).
By creating an account, clicking “I agree,” accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Service.
If you enter into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization.
The Service is intended for use by organizations located in the United States.
1. Description of Service
CapySays is a customer experience platform that enables organizations to collect and analyze structured customer feedback.
We may modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice.
Certain features may be labeled “beta,” “preview,” or “experimental.” Such features are provided without warranties, support commitments, or guarantees of availability.
2. Eligibility and Account Responsibilities
You must be at least 18 years old to use the Service.
You agree to:
- Provide accurate and complete information
- Maintain the confidentiality of login credentials
- Be responsible for all activity under your account
- Use the Service in compliance with applicable laws
We may suspend or terminate accounts we reasonably believe are compromised or used in violation of these Terms.
3. Subscriptions and Payment
Paid plans are billed on a recurring subscription basis.
Payments are processed through Stripe.
Subscriptions automatically renew unless canceled before renewal.
Failure to pay may result in suspension or termination.
We may change pricing with reasonable notice.
Upgrading plans does not restore feedback data previously deleted under a lower-tier retention window.
All fees are non-refundable except where required by law.
You are responsible for applicable taxes.
4. Data Ownership and Roles
4.1 Organization Data
Organizations retain ownership of feedback data, staff data, and other content submitted (“Organization Data”).
CapySays acts as a data processor for Organization Data.
Organizations are solely responsible for:
- How feedback is interpreted
- Employment or staffing decisions
- Compliance with labor and employment laws
CapySays does not provide HR, employment evaluation, or professional advisory services.
4.2 Account and Billing Data
CapySays acts as an independent data controller for account registration and billing data.
4.3 No Sale of Data
We do not sell customer data.
4.4 Aggregated Data
We may use anonymized, aggregated data for analytics, benchmarking, and Service improvement, provided it does not identify any organization or individual.
5. Data Retention
Feedback data is retained according to subscription tier:
- Free: 30 days
- Pro: 365 days
- Business: 730 days
After expiration of the applicable retention window, feedback data is permanently deleted and cannot be restored.
Performance metrics are calculated based on retained data within the applicable retention period.
Account structure data is deleted 30 days after account deletion request.
You are solely responsible for exporting your data before deletion.
We are not responsible for data loss resulting from expiration of retention windows.
You acknowledge that internet-based services involve inherent risks of data loss and agree to maintain independent backups if desired.
6. Acceptable Use
You agree not to:
- Submit abusive, defamatory, threatening, or harassing content
- Use the Service for illegal purposes
- Circumvent plan limits
- Attempt unauthorized access
- Interfere with system security
- Reverse engineer the Service
We may suspend or terminate access at our discretion.
7. No Service Level Agreement
The Service is provided without any service level guarantee.
We do not guarantee uptime, availability, response times, or uninterrupted access.
Scheduled or unscheduled maintenance may occur.
8. Intellectual Property
All rights in the Service remain with Southax LLC.
Nothing in these Terms transfers ownership of the Service.
Organizations retain ownership of Organization Data.
9. Indemnification
You agree to indemnify, defend, and hold harmless Southax LLC and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your internal use of feedback data
- Employment or disciplinary actions based on feedback
- Violations of applicable laws
10. Disclaimer of Warranties
The Service is provided “as is” and “as available.”
We disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
We do not guarantee specific business results, operational improvements, or financial outcomes.
11. Limitation of Liability
To the maximum extent permitted by law:
Southax LLC’s total cumulative liability for all claims arising out of or related to the Service shall not exceed the greater of:
(a) the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim; or
(b) $1,000.
In no event shall Southax LLC be liable for:
- Indirect
- Incidental
- Special
- Consequential
- Punitive damages
- Loss of profits
- Loss of data
- Business interruption
This limitation applies regardless of legal theory.
12. Time Limitation on Claims
Any claim arising out of or relating to the Service must be brought within one (1) year after the event giving rise to the claim. Claims brought after this period are permanently barred.
13. Pre-Dispute Notice
Before initiating arbitration, you agree to provide written notice to contact@capysays.com describing the dispute and allowing thirty (30) days for resolution.
14. Binding Arbitration and Class Action Waiver
All disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration shall be conducted in Georgia before a single arbitrator.
The arbitration shall be confidential.
YOU AND SOUTHAX LLC WAIVE THE RIGHT TO A JURY TRIAL.
YOU AND SOUTHAX LLC AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION.
Either party may bring eligible individual claims in small claims court.
This arbitration clause survives termination.
15. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including infrastructure failures, internet outages, natural disasters, or governmental actions.
16. Assignment
You may not assign these Terms without our written consent.
We may assign these Terms in connection with a merger, acquisition, or sale of assets.
17. Severability
If any provision is unenforceable, the remaining provisions remain in effect.
18. Entire Agreement
These Terms constitute the entire agreement between you and Southax LLC regarding the Service.
19. Changes to Terms
We may update these Terms at any time.
Material changes may be communicated via the Service or email.
Continued use constitutes acceptance of revised Terms.