1. Agreement
These Terms of Service ("Terms") govern your access to and use of Capy / miCapy ("Capy," "we," "us," or "our"), operated by Capy Technologies E.A.S., including our websites, applications, integrations, and related services (collectively, the "Service").
By creating an account, connecting an integration, or using the Service, you agree to these Terms. If you use the Service on behalf of a company, real estate agency, or other entity, you represent that you have authority to accept these Terms on behalf of that entity.
2. Description of the Service
Capy provides CRM tools, lead management, WhatsApp Business integrations, property and lead information extraction, artificial intelligence-generated suggestions, reminders, analytics, and related features for real estate professionals.
The Service is designed to assist users in managing conversations, contacts, business opportunities, and related activities. Capy does not replace the user's professional judgment and does not guarantee specific business results.
3. Eligibility and accounts
To use the Service, you must be able to enter a binding agreement and use the Service only for lawful business purposes.
You agree to:
- provide accurate and up-to-date business, contact, and billing information;
- maintain the confidentiality of your access credentials;
- not share your account with unauthorized persons;
- be responsible for all activity under your account; and
- notify us if you detect unauthorized access or misuse of your account.
4. WhatsApp and Meta-related responsibilities
If you connect a WhatsApp Business account, a Meta account, or use related integrations through Capy, you agree that:
- you may not connect a WhatsApp Business account unless you own it, administer it, or have valid authorization from the business that owns it;
- you have the rights and administrative access needed to use that account with Capy;
- you will comply with WhatsApp Business Terms, the WhatsApp Business Messaging Policy, applicable message template rules, Meta Platform Terms, and applicable laws;
- you will obtain the necessary consents, permissions, or opt-ins before contacting leads or clients via WhatsApp;
- you will promptly honor unsubscribe, "stop," block, exclusion, or opt-out requests;
- you will send only lawful, accurate, non-misleading messages related to legitimate business purposes;
- you will keep accurate and up-to-date information on your business profile; and
- you will not use the Service to send spam, unauthorized bulk messages, or communications prohibited by WhatsApp, Meta, or applicable law.
Capy does not control WhatsApp, Meta, or their decisions to review, approve, suspend, limit, or terminate accounts, numbers, templates, messages, or integrations. Capy does not guarantee uninterrupted access to WhatsApp or Meta services.
5. Acceptable use
You may not use the Service to:
- send spam, unsolicited messages, or prohibited communications;
- engage in deceptive, fraudulent, abusive, or illegal activity;
- harass, threaten, discriminate against, or harm third parties;
- upload, transmit, or distribute malware, harmful code, or malicious content;
- attempt to bypass rate limits, security controls, technical restrictions, or usage policies;
- access, extract, or use data without authorization;
- interfere with the operation of the Service or third-party services;
- use Capy in violation of WhatsApp, Meta, or other third-party policies; or
- share conversation, lead, or client information with unauthorized third parties.
We may investigate potential violations and suspend or terminate accounts that create legal, technical, reputational, security, or compliance risk.
6. Customer Data
You retain ownership of data, messages, leads, contacts, property records, notes, files, and other content you submit, connect, or process through Capy ("Customer Data").
You grant Capy a limited, non-exclusive, worldwide license to host, process, transmit, analyze, display, and use Customer Data only to the extent necessary to:
- provide and operate the Service;
- sync conversations and integrations;
- generate suggestions, extractions, reminders, classifications, and analytics;
- maintain, protect, and improve the Service;
- provide technical support; and
- comply with legal or security obligations.
Processing of Customer Data is described in more detail in our Privacy Policy.
7. Confidentiality and security
Capy will implement reasonable measures to protect Customer Data against unauthorized access, use, loss, disclosure, or alteration. However, no technological system can guarantee absolute security.
You are responsible for limiting access to your account to authorized persons and ensuring your team uses the Service appropriately and in accordance with these Terms.
8. Artificial intelligence features
Capy may use automated and artificial intelligence features to suggest replies, extract fields, classify leads, identify search criteria, recommend actions, generate reminders, or produce analytics.
You acknowledge and agree that:
- AI-generated results may be inaccurate, incomplete, or unsuitable for a specific situation;
- you must review suggested replies, extracted fields, classifications, reminders, and recommended actions before using them;
- you are responsible for the final content you send to leads, clients, or other third parties;
- Capy does not guarantee that AI-generated suggestions will produce sales, closings, bookings, visits, or specific business results; and
- Capy is not a real estate broker, legal adviser, tax adviser, financial adviser, or substitute for the user's professional judgment.
9. Payments, trials, and subscriptions
Capy may offer free access, trials, early access, or paid plans. Applicable fees, billing periods, taxes, cancellations, renewals, and refunds will be described at checkout, in a commercial proposal, in an order form, or in other applicable communications.
We may modify, limit, or end free, trial, or early access at any time, with reasonable notice when practicable.
10. Third-party services
The Service may integrate with or depend on third-party services, including WhatsApp, Meta, hosting providers, storage providers, email providers, analytics, monitoring, artificial intelligence, and other tools.
Capy is not responsible for interruptions, errors, policy changes, price changes, account suspensions, review decisions, loss of access, or data practices of third parties outside our control.
Use of third-party services may be subject to additional terms and policies of those third parties.
11. Service availability and changes
The Service may change, be interrupted, degrade, or become unavailable from time to time, including due to maintenance, errors, security incidents, third-party changes, API limits, or causes outside our control.
We may modify, add, or discontinue Service features. When a material change significantly affects use of the Service, we will try to provide reasonable notice when practicable.
12. Disclaimer of warranties
The Service is provided "as is" and "as available." To the maximum extent permitted by applicable law, Capy makes no warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, availability, accuracy, non-infringement, or error-free operation.
Capy does not guarantee that the Service will be uninterrupted, secure, error-free, or that data, suggestions, integrations, or generated results will always be correct, complete, or up to date.
13. Limitation of liability
To the maximum extent permitted by applicable law, Capy, its affiliates, directors, employees, representatives, suppliers, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, business opportunities, reputation, or goodwill, arising from or related to use or inability to use the Service.
To the maximum extent permitted by applicable law, Capy's total cumulative liability for any claim arising from or related to the Service is limited to the total amount you paid Capy for the Service during the twelve (12) months before the event giving rise to the claim. If you have not paid fees for the Service, Capy's total liability is limited to one hundred US dollars (USD 100).
Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In those cases, Capy's liability is limited to the maximum extent permitted by applicable law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Capy, its affiliates, directors, employees, representatives, suppliers, and licensors from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:
- your use of the Service;
- your Customer Data;
- messages, communications, or content you send or manage through the Service;
- your breach of these Terms;
- your violation of applicable laws or third-party rights; or
- your breach of WhatsApp, Meta, or other third-party terms, policies, or rules.
15. Termination
You may stop using the Service at any time.
We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms, misused WhatsApp or Meta integrations, created legal, technical, reputational, or security risk, or if we must do so to comply with law, third-party policies, or provider decisions.
Upon termination, your right to use the Service ends immediately. Provisions that by their nature should survive will remain in effect, including those related to data ownership, confidentiality, disclaimers, limitations of liability, indemnification, and governing law.
16. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Paraguay, unless mandatory applicable law provides otherwise.
Any dispute arising from or related to these Terms or the Service is subject to the competent courts of the Republic of Paraguay, unless mandatory applicable law provides otherwise.
17. Changes to these Terms
We may update these Terms from time to time. When we make changes, we will update the "Last updated" date shown on the page.
If changes are material, we will try to provide reasonable notice when practicable. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms, to the extent permitted by applicable law.
18. Contact
If you have questions about these Terms, you may contact us at:
Service operator: Capy Technologies E.A.S.
Email: hola@micapy.com
Website: micapy.com