Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• AI Receptionist means the automated voice assistant provided as part of the Service, which answers telephone calls on Your behalf, holds a conversation with the Caller, and captures enquiry details for You.

• Application means the Captiva software application provided by the Company for mobile devices and web browsers, through which You manage Your account and receive Enquiries.

• Caller means a person who telephones a Captiva Number and speaks with the AI Receptionist. A Caller is normally Your own customer or prospective customer, not a user of the Service.

• Captiva Number means a telephone number allocated to You by the Company for use with the Service.

• Caller Data means the personal data of Callers processed through the Service, including their name, telephone number, the location of the work enquired about, the transcript of the call, and any details of their enquiry.

• Country refers to: United Kingdom

• Enquiry means the record of a call that the Service produces and makes available to You, including the captured details, the call transcript, and any assessment of urgency or estimated value generated by the AI Receptionist.

• Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Captiva LTD.

• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

• Service refers collectively to the Website, the Application, and the call-answering service provided by the Company, including the AI Receptionist.

• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

• Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.

• Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.

• Website refers to Captiva, accessible from https://www.captiva.uk

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

The Service is provided for business use. By entering into these Terms You confirm that You are acting for purposes relating to Your trade, business, craft or profession, and not as a consumer. Statutory rights that apply only to consumers therefore do not apply to Your use of the Service. Nothing in these Terms limits any right You have that cannot lawfully be excluded.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

The Captiva Service

How the Service works

The Service answers telephone calls on Your behalf. You forward calls from Your own telephone number to a Captiva Number, or publish the Captiva Number directly. When a Caller rings, the AI Receptionist answers in Your business name, holds a conversation with the Caller, and attempts to capture the details of their enquiry. The Company then makes the resulting Enquiry available to You in the Application and, where You have enabled it, notifies You by text message and push notification. Where You have enabled it, the Service may also send the Caller a confirmation text message.

The AI Receptionist is automated software, not a human operator. Calls are not audio-recorded; a written transcript of the conversation is produced and stored. Our Privacy Policy explains how Caller Data is handled.

Accuracy of automated call handling

The AI Receptionist is automated and can make mistakes. You acknowledge and agree that:

• Transcripts, captured contact details, addresses, postcodes and descriptions of work are generated automatically from speech and may be incomplete, misheard or inaccurate.
• Any assessment of urgency, priority, estimated job value or similar produced by the Service is an automated indication only. It is not professional advice, not a valuation, and must not be relied upon as the sole basis for any decision.
• Where You configure the Service to provide pricing information to Callers, any price, rate or estimate the AI Receptionist gives is indicative and derived from the information You supply. It is not a quotation or an offer capable of acceptance, and the Company gives no warranty that it is accurate or appropriate for the work in question.
• You remain solely responsible for verifying the details of every Enquiry with the Caller before acting on it, and for the accuracy of any quotation, estimate or contract You subsequently enter into with a Caller.

The Company is not responsible for any loss arising from an Enquiry that is inaccurate, incomplete or misinterpreted, or from any price or estimate communicated to a Caller by the AI Receptionist.

Availability and missed calls

The Company will use reasonable efforts to keep the Service available, but does not guarantee that it will be available continuously or without interruption. The Service depends on third-party telecommunications and software providers, and on Your own telephone service and call-forwarding configuration, none of which the Company controls.

The Company does not guarantee that every call will be answered, that every call answered will produce an Enquiry, or that every Enquiry will be delivered to You. Calls may be missed or Enquiries lost because of network faults, provider outages, misconfiguration, a Caller hanging up, or a conversation from which no usable details could be captured. You should not rely on the Service as Your only means of receiving business enquiries, and You remain responsible for monitoring Your own telephone line.

Captiva Numbers

A Captiva Number is allocated to You for use with the Service for as long as Your Subscription remains active. The Captiva Number is procured and held by the Company or its telecommunications providers and remains their property. You acquire no ownership of, or right to port, transfer or retain, a Captiva Number.

On termination or expiry of Your Subscription the Captiva Number will be withdrawn and may be reallocated. You are responsible for removing the Captiva Number from Your advertising, website, vehicles and listings, and for cancelling any call forwarding to it. Your own telephone number is unaffected and remains Yours throughout.

Your responsibilities

You agree that:

• The business information You provide — including Your business name, address, opening hours, services, service area and prices — will be accurate and kept up to date. The AI Receptionist speaks to Callers on the basis of what You supply.
• You will use the Service only for lawful purposes and only for Your own business.
• You are responsible for Your own legal obligations to Your Callers, including telling them, where required, how their information is handled, and for responding to any request a Caller makes to You about their own data.
• You will not use the Service to make or receive emergency calls. The Service must not be relied upon to contact the emergency services.
• You will keep Your account credentials secure and are responsible for activity carried out under Your account.

Data Protection

In providing the Service the Company processes Caller Data on Your behalf. For the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018, in respect of Caller Data You are the controller and the Company is the processor. In respect of Your own account information the Company is the controller, as described in Our Privacy Policy.

The Company will, in respect of Caller Data:

• Process it only on Your documented instructions, which these Terms and Your configuration of the Service constitute, and as required by law;
• Process it only for the purpose of providing the Service — capturing enquiries, delivering them to You, and confirming receipt to the Caller;
• Ensure that persons authorised to process it are subject to a duty of confidence;
• Implement appropriate technical and organisational measures to protect it;
• Engage sub-processors to deliver the Service, remaining responsible for their performance. The categories of sub-processor used, and a list of them on request, are set out in Our Privacy Policy;
• Assist You, so far as reasonably practicable, in responding to requests from Callers exercising their data protection rights, and with Your obligations regarding security and personal data breaches;
• Notify You without undue delay on becoming aware of a personal data breach affecting Caller Data;
• Delete Caller Data on termination of Your Subscription, or return it to You if You ask before deletion, except where the Company is required by law to retain it;
• Make available information reasonably necessary to demonstrate compliance with this section.

You warrant that You have a lawful basis for the processing of Caller Data that You instruct the Company to carry out. Where a separate data processing agreement is required, the Company will enter into one with You on request; where such an agreement is in place, it prevails over this section to the extent of any conflict.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal at any time by contacting the Company at hello@captiva.uk. There is no minimum term and no cancellation fee. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period, after which Your Captiva Number will be withdrawn as described above.

Billing

You shall provide the Company with accurate and complete billing information including full name, billing address including postcode, telephone number, and a valid payment method.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. The length of the Free Trial will be as stated at the time You sign up.

Where the Free Trial is offered without payment details, You will not be asked for a payment method to begin the trial and You will not be charged anything during or at the end of it. Your access to the Service will simply end when the Free Trial expires unless You choose to start a paid Subscription.

Where the Company does ask You to provide billing information in order to start a Free Trial, this will be made clear to You before You sign up, and the Company will tell You before any charge is taken.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. Any such change will not affect a Free Trial already in progress.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Links from a Third-Party Social Media Service

The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, goods, or services made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service's terms and privacy policies.

Termination

You may end Your Subscription at any time as described under "Subscription cancellations" above.

We may terminate or suspend Your access immediately, without prior notice or liability, if You breach these Terms and Conditions, if Your payment fails and remains unpaid, or if We reasonably believe the Service is being used unlawfully or in a way that risks harm to Callers, to Our providers or to Us. We may also withdraw the Service on reasonable notice, in which case We will refund any fees You have paid covering the period after termination.

Upon termination, Your right to use the Service will cease immediately, and:

• Your Captiva Number will be withdrawn and may be reallocated. You are responsible for removing it from Your advertising and cancelling any call forwarding to it.
• Your Enquiries, including captured details and transcripts, will be deleted in accordance with Our Privacy Policy.
• If You ask Us before Your account is deleted, We will provide You with a copy of Your Enquiries. Please make any such request promptly, as data is not retained indefinitely after termination.

Any provision of these Terms which by its nature should survive termination will do so, including those on intellectual property, limitation of liability and governing law.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or £100 if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

Nothing in these Terms excludes or limits the liability of either party for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

These Terms and Your use of the Service are governed by the laws of Northern Ireland, excluding its conflicts of law rules. Your use of the Service may also be subject to other local, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute cannot be resolved informally, the courts of Northern Ireland shall have exclusive jurisdiction.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: hello@captiva.uk

• Through our website: https://www.captiva.uk