Effective date: August 2, 2026 · Last updated: August 2, 2026
Section 5 of these Terms makes the following two commitments contractually binding on Cape:
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you" or "Customer") and Cape ("Cape," "we," "us," or "our") governing your access to and use of the Cape website, applications, integrations, and related services (collectively, the "Services").
By accessing or using the Services, joining a waitlist, or creating an account, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to that entity. You must be at least 18 years of age to use the Services.
Cape provides software that maps the collective professional network of you and, where applicable, your organization, in order to identify warm introduction paths and surface commercial opportunities — including target accounts, partnership prospects, and events.
Subject to your compliance with these Terms, Cape grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during the term of this agreement.
We may modify, enhance, suspend, or discontinue any part of the Services at any time. Where a change materially and adversely affects your use of the Services, we will use commercially reasonable efforts to provide advance notice.
You agree to provide accurate, current, and complete information when registering and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity occurring under your account. You must notify us promptly at security@joincape.ai upon becoming aware of any unauthorized use of your account.
The Services allow you to connect third-party accounts, including Gmail, Slack, LinkedIn, HubSpot, Crossbeam, and Google Sheets ("Connected Accounts"). "Customer Data" means all data, content, and information that you or your Connected Accounts make available to Cape through the Services.
By connecting an account, you grant Cape a limited, non-exclusive, worldwide, royalty-free license to access, process, and use the Customer Data solely as necessary to provide the Services to you and strictly in accordance with Section 5 and our Privacy Policy. This license terminates when you disconnect the applicable account or terminate your account, except as necessary to complete deletion or to comply with applicable law.
You represent and warrant that you have all rights, consents, and authorizations necessary to connect each Connected Account and to grant the license in Section 4.1, and that your provision of Customer Data to Cape does not violate any applicable law, contract, or third-party right.
As between you and Cape, you retain all right, title, and interest in and to the Customer Data. Cape acquires no ownership interest in the Customer Data by virtue of these Terms.
Your use of any third-party service remains governed by that provider's own terms. Cape is not responsible for the availability, accuracy, or practices of third-party services, and a third party's modification or termination of its API may affect the Services.
This Section 5 sets out binding obligations of Cape and survives any expiration or termination of these Terms with respect to Customer Data collected during the term.
Cape shall not store, retain, persist, archive, log, index, or otherwise create a durable copy of the verbatim contents of your emails or messages — including message bodies, subject lines, quoted text, and attachments — unless you have first provided prior, specific, informed, and freely given opt-in consent to that storage.
In the absence of such consent, message content may be processed only on an ephemeral, in-memory basis, solely to the extent strictly necessary to derive the limited relationship metadata described in Section 5.2, and shall be discarded upon completion of that processing.
Any consent obtained under this Section 5.1 shall be requested separately from your acceptance of these Terms, shall not be a condition of your use of the Services, shall specify the categories of content stored and the applicable retention period, and shall be revocable by you at any time. Upon revocation, Cape shall cease the consent-based storage and delete or irreversibly de-identify the affected content, except where retention is required by applicable law.
The sole exceptions to this Section 5.1 are those set out in Section 3.4 of the Privacy Policy (legal obligation, security and abuse investigation, and support requests you initiate), each of which is limited in scope and duration to the purpose that justifies it.
Cape shall use Customer Data solely to identify, rank, and surface relationship paths, introductions, target accounts, events, partnership prospects, and other commercial opportunities for you and, where applicable, your organization, and to provide, secure, and support the Services in connection with that purpose.
To that end, Cape may derive and retain limited relationship metadata — including sender and recipient addresses and names, timestamps, message direction, thread identifiers, and derived frequency, recency, and relationship-strength signals — as further described in Section 2.2 of the Privacy Policy.
Cape shall not: (a) sell Customer Data or share it for cross-context behavioral advertising; (b) use the contents of your communications to target advertising; (c) disclose the contents of your communications to other Cape users, including within your organization; (d) use Customer Data to build, license, or sell standalone data products to third parties; or (e) use your verbatim email contents to train generally available machine learning models absent your separate, express opt-in consent. Cape may use aggregated or de-identified data that does not identify you or any individual to operate and improve the Services.
Cape shall implement and maintain administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, and destruction, consistent with Section 9 of the Privacy Policy.
You agree not to, and not to permit any third party to:
We may suspend or terminate your access, with or without notice, if we reasonably determine that you have violated this Section 6.
The Services, including all software, models, designs, text, graphics, and trademarks, and all intellectual property rights therein, are and remain the exclusive property of Cape and its licensors. Except for the limited license granted in Section 2, these Terms grant you no right, title, or interest in the Services.
If you provide feedback or suggestions regarding the Services, you grant Cape a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without obligation or attribution to you.
Certain features of the Services may be offered on a paid basis. Where you subscribe to a paid plan, the applicable fees, billing frequency, and payment terms will be set out in an order form or at the point of purchase. Unless otherwise stated, fees are non-refundable, are exclusive of taxes, and are due in advance. We may change our fees upon prior notice effective at the start of your next billing period.
These Terms commence when you first access the Services and continue until terminated. You may terminate at any time by discontinuing use and closing your account. We may terminate or suspend your access for material breach of these Terms, or for any reason upon reasonable prior notice.
Upon termination, your license to use the Services ends immediately. Cape will delete or irreversibly de-identify Customer Data in accordance with Section 8 of the Privacy Policy. Sections 4.3, 5, 7, 10, 11, 12, and 13 survive termination.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Cape does not warrant that the Services will be uninterrupted, secure, or error-free, or that relationship data, introduction paths, or opportunity recommendations will be accurate, complete, or produce any particular commercial result. You are solely responsible for your outreach decisions and communications, and for complying with all laws applicable to them. Nothing in this Section 10 limits Cape's obligations under Section 5.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAPE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CAPE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot be excluded by law.
You agree to indemnify, defend, and hold harmless Cape and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your Customer Data, your use of the Services, your communications to third parties, or your breach of these Terms or of any applicable law.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at legal@joincape.ai and allowing thirty (30) days for good-faith resolution.
Changes. We may update these Terms from time to time. For material changes, we will provide notice through the Services or by email before they take effect. Your continued use of the Services after the effective date constitutes acceptance. We will not apply any change that would weaken the commitments in Section 5 to previously collected Customer Data without your consent.
Entire agreement. These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements on that subject.
Severability and waiver. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. A party's failure to enforce a provision is not a waiver of its right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control.
Questions about these Terms may be directed to legal@joincape.ai.