These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Capital Tech Solutions, LLC ("Capital Tech Solutions," "we," "us," or "our") governing your access to and use of our website (www.captechsol.com) and our software applications, including The Prospect ArchitectTM, The Execution EngineerTM, and The Precision PilotTM (collectively, the "Services").
Please read these Terms carefully before using our Services. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
1. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal authority to enter into a binding agreement on behalf of yourself or the organization you represent
- Not be prohibited from using the Services under applicable law
- By using the Services, you represent and warrant that you meet all eligibility requirements.
2. Description of Services
Capital Tech Solutions provides the following SaaS applications designed for independent financial advisors and RIA (Registered Investment Advisor) firms:
The Prospect ArchitectTM: A strategic niche positioning tool that helps financial advisors analyze market data, evaluate competitive landscapes, and develop a Strategic Niche Blueprint.
The Execution EngineerTM: A marketing automation tool that transforms niche strategy into monthly marketing content, copy, and campaign assets.
The Precision PilotTM: An interactive financial trajectory tool that aggregates client data and generates a dynamic Trajectory Report. (Currently in development — availability subject to change.)
We reserve the right to modify, suspend, or discontinue any Service or feature at any time with reasonable notice to active subscribers.
3. Accounts and Registration
To access the Services, you must create an account by providing accurate and complete information. You agree to:
- Maintain the accuracy of your account information and update it as needed
- Keep your login credentials confidential and not share them with third parties
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activity that occurs under your account
- We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.
4. Subscriptions and Payment
4.1 Subscription Plans
Access to our Services requires a paid subscription. Subscription tiers, features, and pricing are described on our website and may be updated from time to time. You agree to pay all fees associated with your chosen subscription plan.
4.2 Billing and Payment Processing
All payments are processed securely through Stripe, a third-party payment processor. By subscribing, you agree to Stripe's Terms of Service and authorize us to charge your payment method on a recurring basis according to your subscription plan.
Subscription fees are billed in advance on a monthly or annual basis, as selected at checkout
All fees are in U.S. dollars unless otherwise stated
You are responsible for any applicable taxes associated with your subscription
4.3 Free Trials
If a free trial is offered, it will begin on the date you register and end at the conclusion of the trial period. At the end of a free trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.
4.4 Cancellation and Refunds
You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:
- Your subscription will remain active through the end of the current billing period
- You will not be charged for subsequent billing periods
- We do not offer prorated refunds for partial billing periods unless required by applicable law
- We reserve the right to issue refunds on a case-by-case basis at our sole discretion.
4.5 Failed Payments
If a payment fails, we will notify you and may suspend access to the Services until payment is resolved. Repeated failed payments may result in account termination.
5. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Services in any way that violates applicable federal, state, or local laws or regulations
- Reproduce, distribute, sublicense, sell, or resell the Services or any output generated by the Services without our prior written consent
- Reverse engineer, decompile, or attempt to extract the source code of our applications
- Use automated tools (bots, scrapers, crawlers) to access or collect data from the Services
- Transmit any harmful, offensive, or unlawful content through the Services
- Attempt to gain unauthorized access to our systems, networks, or other users' accounts
- Use the Services to develop a competing product or service
- Share account credentials or allow simultaneous access from multiple users under a single-seat subscription
6. Intellectual Property
6.1 Our Intellectual Property
All content, features, functionality, software, trademarks, trade names, logos, and materials comprising the Services — including The Prospect ArchitectTM, The Execution EngineerTM, and The Precision PilotTM — are owned by Capital Tech Solutions, LLC or its licensors and are protected by U.S. and international intellectual property laws. Nothing in these Terms grants you any rights in our intellectual property beyond the limited license to use the Services.
6.2 Your Content and Data
You retain ownership of any data, information, or content you input into the Services. By using the Services, you grant Capital Tech Solutions a limited, non-exclusive license to process your data solely as necessary to provide the Services to you. We do not use your data to train AI models or share it with third parties except as described in our Privacy Policy.
6.3 Outputs and Generated Content
Content generated by the Services based on your inputs (such as Strategic Niche Blueprints, marketing copy, and Trajectory Reports) is provided for your business use. You are responsible for reviewing, verifying, and determining the appropriateness of all generated content before using it in your practice.
7. Important Disclaimers
7.1 Not Financial, Investment, or Legal Advice
CAPITAL TECH SOLUTIONS IS A SOFTWARE COMPANY. WE ARE NOT A REGISTERED INVESTMENT ADVISOR, BROKER-DEALER, FINANCIAL PLANNER, ATTORNEY, OR ANY OTHER TYPE OF LICENSED FINANCIAL OR LEGAL PROFESSIONAL. THE SERVICES ARE PROVIDED SOLELY AS PRODUCTIVITY AND PRACTICE MANAGEMENT TOOLS FOR USE BY LICENSED FINANCIAL PROFESSIONALS.
Nothing in the Services, on our website, or in any communication from Capital Tech Solutions constitutes financial advice, investment advice, legal advice, tax advice, or any other professional advisory service. All outputs generated by the Services — including but not limited to Strategic Niche Blueprints, marketing content, and Trajectory Reports — are intended as operational tools to assist licensed advisors in their own independent professional activities.
Users of the Services remain solely responsible for all advice, recommendations, and services they provide to their own clients. Capital Tech Solutions does not endorse, verify, or take responsibility for how users apply the outputs of the Services in their professional practice.
7.2 No Warranty
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
7.3 Third-Party Services
The Services may integrate with or rely upon third-party services (including Stripe, Supabase, and Kit). We are not responsible for the availability, accuracy, or practices of any third-party service.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPITAL TECH SOLUTIONS, ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CAPITAL TECH SOLUTIONS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Indemnification
You agree to indemnify, defend, and hold harmless Capital Tech Solutions and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any advice, service, or recommendation you provide to your clients using or based on outputs from the Services.
10. Termination
We reserve the right to suspend or terminate your account and access to the Services at any time for any of the following reasons:
- Violation of these Terms
- Non-payment of subscription fees
- Fraudulent, abusive, or unlawful use of the Services
- Extended inactivity (with prior notice)
You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will cease immediately. Sections of these Terms that by their nature should survive termination shall continue to apply, including Sections 6, 7, 8, 9, and 11.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.
11.2 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact us at support@theprospectarchitect.com and provide a written description of your dispute. We will attempt to resolve the dispute informally within 30 days of receipt.
11.3 Jurisdiction
If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Utah. You consent to the personal jurisdiction of such courts.
11.4 Waiver of Class Action
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
12. Privacy
Your use of the Services is also governed by our Privacy Policy, available at www.captechsol.com/privacy, which is incorporated into these Terms by reference.
13. Modifications to Terms
We may update these Terms at any time. When we make material changes, we will update the Effective Date and notify active subscribers by email. Your continued use of the Services after such notice constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Services.
14. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Capital Tech Solutions regarding the Services.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
Assignment: You may not assign these Terms or any of your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.
15. Contact Us
Contact Us
If you have questions about these Terms of Service, please contact us:
- Capital Tech Solutions, LLC
- support@theprospectarchitect.com
- 801-610-9552
- 7533 S Center View Ct #5963, West Jordan, UT 84084
- Website: www.captechsol.com
- Governing Law: State of Utah