personalize

Terms of service

Effective date: 2026-05-09 · Last updated: 2026-05-09

These Terms of Service ("Terms") govern your use of Personalize, an outbound email service available at personalize.run. Plain language. No "WHEREAS" clauses. If a sentence is unclear, email hello@capitalfactory.com.

1. Who you're contracting with

Personalize is a service operated by Capital Thought, LLC, a limited-liability company organized under the laws of the State of Texas. References to "we," "us," or "our" in these Terms mean Capital Thought, LLC. The brand and product name is "Personalize" / personalize.run; the contracting party is Capital Thought, LLC.

"You" or "Operator" means the individual or entity that creates an account.

2. Acceptance

You accept these Terms by creating an account at personalize.run, by connecting Gmail to Personalize, or by sending mail through the service. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

3. Account responsibilities

As an operator, you agree to:

4. Acceptable use

You will not use Personalize to send:

Capital Thought, LLC may suspend or terminate your account, with or without notice, if we determine in good faith that you have violated this section. We will tell you what triggered the action where doing so does not compromise an active investigation or another operator's privacy.

5. Operator-supplied data

You represent and warrant that, for every recipient you add to a sequence, you have the legal basis necessary for the channel and content type — CAN-SPAM-compliant consent or qualifying business relationship for email, and (when SMS ships) TCPA express written consent for SMS.

You will indemnify, defend, and hold harmless Capital Thought, LLC against any third-party claim arising out of recipient data you supplied to Personalize, including claims under CAN-SPAM, GDPR, CCPA, state-law mini-CAN-SPAM statutes, and the Telephone Consumer Protection Act ("TCPA"). This indemnification is uncapped with respect to TCPA claims. The TCPA carve-out is intentional: TCPA statutory damages are per-message and uncapped at scale, and the operator is in the only position to verify recipient consent. The general liability cap in §12 does not limit your indemnification obligations under this section.

6. Service description and availability

Personalize is provided on a best-effort basis. Capital Thought, LLC does not offer a service-level agreement (SLA) at the OneOff or Pro tiers. An SLA may be offered as part of a future Org tier or a separately negotiated enterprise contract; until then, no uptime, latency, or deliverability commitment is binding.

The service depends on upstream providers (including Gmail, Stripe, Cloudflare, Supabase, Postmark). Outages, throttling, or policy changes at any of those providers may interrupt the service. We will work to mitigate but cannot guarantee continuity.

7. Pricing and payment

Personalize is offered in three tiers:

Prices are exclusive of any applicable sales, use, value-added, or similar tax, which Capital Thought, LLC will add to your invoice where required.

Capital Thought, LLC may change pricing on existing tiers. We will email you at least 30 days before the change takes effect on your next billing cycle. If you do not agree to the new price, you may cancel before the change takes effect; continued use after the effective date constitutes acceptance.

No refunds. OneOff purchases are paid up-front and are non-refundable. Subscription cancellations (Pro, Org) take effect at the end of the current billing period; there are no pro-rated refunds for unused time. The only exception is where Capital Thought, LLC determines, in its sole discretion, that we failed to deliver the service due to a defect entirely on our side — in which case we may, but are not obligated to, issue a partial credit or refund.

8. Cancellation and termination

You may cancel a subscription at any time via the Stripe Customer Portal linked from your account settings. Cancellation stops the next billing cycle; the current paid period continues to its end.

Capital Thought, LLC may suspend or terminate your account for: (a) material breach of these Terms (including any acceptable-use violation under §4); (b) payment failure beyond a 7-day grace period; (c) a directive from an upstream provider (Gmail, Stripe) requiring us to disconnect a specific account; or (d) a court order or law-enforcement request.

Termination triggers the data-deletion path described in the privacy policy: a 30-day soft-delete window followed by hard deletion. You may export your data via GET /api/operator/export at any time before the hard-delete.

9. Intellectual property

Capital Thought, LLC retains all right, title, and interest in and to the Personalize platform — including the brand name "Personalize," the personalize.run domain, the platform code, the agent contract (AGENTS.md), the MCP tool surface, the schema, and any documentation. These Terms grant you a limited, non-exclusive, non-transferable license to use Personalize during the term of your account.

You retain all right, title, and interest in your operator-supplied content — sequence drafts, recipient data, snippet text, custom prompts, and any data you ingest. You grant Capital Thought, LLC a limited license to host, transmit, and display that content as necessary to provide the service to you.

10. Disclaimer of warranties

The service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, Capital Thought, LLC disclaims all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or trade usage. We do not warrant that the service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defect will be corrected.

11. Limitation of liability

To the maximum extent permitted by law, Capital Thought, LLC's aggregate liability arising out of or relating to these Terms or the service, regardless of theory (contract, tort, statute, or otherwise), is capped at the total fees you paid us in the 12 months preceding the event giving rise to the claim. In no event will Capital Thought, LLC be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, data, or goodwill.

Carve-outs. The liability cap above does not limit (a) your indemnification obligations under §5, including the uncapped TCPA indemnification; (b) either party's liability for fraud or willful misconduct; or (c) any liability that cannot be limited under applicable law.

12. Indemnification

You will indemnify, defend, and hold harmless Capital Thought, LLC and its officers, members, employees, and agents against any third-party claim arising out of: (a) operator-supplied data, including the recipient lists, message content, custom merge fields, and any consent or basis you represent under §3 or §5; (b) your violation of §4 (acceptable use); or (c) your violation of any law applicable to your sending program.

Capital Thought, LLC will indemnify, defend, and hold harmless you against any third-party claim that the Personalize platform itself, used as authorized under these Terms, infringes a U.S. intellectual-property right of the claimant. This mutual IP indemnification does not extend to claims arising from your modifications, your data, or your use of the service in combination with anything not provided by Capital Thought, LLC.

Each indemnified party will: (i) promptly notify the indemnifying party of the claim; (ii) give the indemnifying party sole control of the defense and settlement (provided no settlement may impose liability on the indemnified party without consent); and (iii) provide reasonable cooperation at the indemnifying party's expense.

13. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The exclusive venue for any dispute arising under these Terms is the state and federal courts located in Travis County, Texas, and the parties submit to the personal jurisdiction of those courts.

14. Dispute resolution

Before filing a lawsuit, the parties will attempt to resolve any dispute in good faith for at least 30 days after written notice (email to hello@capitalfactory.com for notice to Capital Thought, LLC; email to your account address for notice to you). If the dispute is not resolved by conferral, the parties will participate in non-binding mediation in Travis County, Texas, with a mutually agreed mediator, before filing suit.

No class actions. All disputes will proceed individually. Neither party may bring or participate in any class action, collective action, or representative proceeding arising under these Terms.

15. Changes to these Terms

Capital Thought, LLC may update these Terms. For material changes, we will email you at least 30 days before the new version takes effect, and we will bump the Effective date and Last updated line at the top of this page. Continued use of the service after the effective date constitutes acceptance of the updated Terms. If you do not accept, cancel before the effective date.

16. Contact

17. Severability and entire agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

These Terms, together with the privacy policy and any order form or written addendum executed by both parties, constitute the entire agreement between you and Capital Thought, LLC regarding Personalize, and supersede any prior or contemporaneous understanding on the subject.

18. Assignment

You may not assign these Terms without the prior written consent of Capital Thought, LLC. Capital Thought, LLC may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all assets relating to Personalize. Any prohibited assignment is void.