Terms of service

1. These terms

These terms are the agreement between us and the organisation that uses Assay (“you”). They apply from the moment you create an account, accept an invitation, start a trial or pay for a plan, whichever comes first.

Assay is for businesses only. By accepting these terms you confirm you are acting for a business and have the authority to bind it. The Consumer Rights Act 2015 and similar consumer protections do not apply.

Our privacy policy, end user licence and data processing agreement form part of these terms. If they conflict, the data processing agreement wins on personal data, then these terms, then the rest.

2. Your organisation and its members

Your organisation is owned by the person who created it. The owner, and any admins they appoint, decide who joins, what role each person has and which plan you are on.

You are responsible for everything done under your organisation’s accounts and API keys, including by people you invite. Keep sign-in details and keys secret and tell us straight away if you think one has been misused.

We may refuse, suspend or close an account where we reasonably believe the details are false or the account is being used in breach of these terms.

3. Using Assay

While your plan is active we give you a non-exclusive, non-transferable right to use Assay for your organisation’s internal business. You must not, and must not let anyone else:

• copy, sell, resell, rent or sub-license Assay, or offer it to others as a service;
• reverse engineer, decompile or try to extract the source code, models, prompts or methods behind Assay, except where the law says you may;
• use Assay, its results or its documentation to build or improve a competing product, or publish benchmarks without our written consent;
• get round plan limits, security measures or rate limits, or access the service other than through the app and the published API;
• upload anything unlawful, anything you have no right to share, or malicious code;
• use Assay to make decisions with legal or similarly significant effects on a person without a person reviewing them.

4. Your data

“Customer Data” means the conversations, transcripts, rules, reviews and other content you or your systems put into Assay. You keep ownership of it.

You give us a worldwide, royalty-free licence to host, copy, process, analyse and display Customer Data to provide, secure, support and improve Assay. Improving Assay includes measuring and improving the accuracy of results, the wording of rules, confidence thresholds, explanations and reports, including by looking at where reviewers disagreed with a result and the reasons they gave.

We do not use Customer Data to train artificial intelligence models, and we do not sell it.

We own the data Assay produces about how the service is used, and aggregated or de-identified data derived from Customer Data that does not identify you or any person. We may use it for any purpose, including after these terms end.

You are responsible for having a lawful basis for the Customer Data you send us, for giving the notices and getting the consents the law requires (including for recording calls and monitoring staff), and for the accuracy of what you send. Do not send special category or criminal offence data unless it appears incidentally in a conversation and you are allowed to share it.

5. Results and automated decisions

Assay decides results automatically and explains them in plain language. Results are an aid to your own quality assurance. They can be wrong, incomplete or out of date, especially when a rule is vague or a transcript is poor.

You remain responsible for every decision you make using results, including about your staff and your customers, and for reviewing results before acting on them. Results, explanations and coaching notes are not legal, regulatory or employment advice.

Anything we say about accuracy, agreement rates or time saved describes typical use. It is not a promise about your results.

6. Plans, fees and payment

Paid plans are billed in advance, monthly or yearly. Stripe, our payment provider, handles every payment, invoice and receipt. Prices are shown in pounds or dollars and exclude VAT and other taxes, which are added where they apply. There is no free trial of paid plans.

Plans renew automatically at the end of each period until cancelled. By starting a paid plan you authorise us to charge your payment method on each renewal.

We may change our prices at any time. A new price applies from your next renewal. If you don’t agree, cancel before then.

Fees are non-refundable. See the next section.

If a payment fails we may retry it, limit your organisation to the Free plan, or suspend access until it is paid. We may charge interest on late payments at the rate allowed by the Late Payment of Commercial Debts (Interest) Act 1998.

Each plan has limits on people, active rules and conversations. When a limit is reached, new work waits until the next period or until you upgrade. Limits agreed with you in writing take the place of the plan’s own.

7. No refunds

All payments are final. We do not give refunds or credits for any reason, including for partial months or years, cancelling early, downgrading, unused seats, rules or conversations, periods when you did not use the service, or being unhappy with results.

When you cancel, your plan keeps working until the end of the period you have paid for and is not renewed. Nothing is paid back.

The only exceptions are where we charged you by mistake, such as a duplicate payment, where we end these terms without cause under the Suspension and ending section, and where the law requires a refund. Any refund goes back to the original payment method through Stripe.

If you think a charge is wrong, contact us before disputing it with your bank or card provider. If you open a dispute or chargeback for a charge that was correct, we may suspend your organisation until it is resolved and recover our costs of dealing with it.

Nothing in these terms takes away rights that the law does not allow a business to give up.

8. Changes to Assay

We continually change Assay. We may add, change, improve or remove any feature, integration, limit or provider at any time, without notice.

We aim to keep the service available but do not promise any level of availability unless we have agreed one with you in writing. We may take the service down for maintenance, security or reasons outside our control.

9. Suspension and ending

You may cancel at any time from your organisation settings or by emailing us. Cancellation takes effect at the end of the period you have paid for.

We may suspend or end your access straight away, without refund, if you breach these terms, fail to pay, put the service or other customers at risk, or if the law or a regulator requires it. We may also end these terms for any reason with 30 days’ notice, in which case we refund fees you paid in advance for the period after the end date.

After the end, you can ask us to export your Customer Data for 30 days. After that we delete it within 90 days, except where the law requires us to keep it and copies in backups, which are deleted as the backups expire.

Sections that by their nature should continue, including those on fees owed, your data, our intellectual property, liability and indemnity, continue after these terms end.

10. Confidentiality

Each of us will keep the other’s confidential information secret and use it only for this agreement, except where it is already public, was known before, is received independently, or must be disclosed by law. Customer Data is your confidential information; our pricing, security documentation, product plans and non-public parts of the service are ours.

11. Our intellectual property and your feedback

We and our licensors own Assay and everything in it, including the software, the decision engine, its methods and prompts, results formats, documentation, designs and trade marks. Nothing in these terms transfers any of it to you.

If you give us suggestions or feedback, we may use them freely and without any obligation to you.

12. What we do and don’t promise

We will provide the service with reasonable skill and care. Apart from that, and to the fullest extent the law allows, the service is provided “as is”. We make no other promises, express or implied, including about fitness for a particular purpose, accuracy of results, or the service being uninterrupted or free of errors.

13. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.

Subject to that, we are not liable for any loss of profit, revenue, business, contracts, goodwill or anticipated savings, for loss or corruption of data (beyond restoring it from our most recent backup), or for any indirect or consequential loss, however it arises.

Subject to the above, our total liability to you under or in connection with these terms, in contract, tort (including negligence) or otherwise, is limited to the fees you paid us in the 12 months before the event giving rise to the claim, or £100 if you have paid nothing.

14. Your indemnity

You will defend and indemnify us against claims, losses, fines and costs (including reasonable legal fees) arising from Customer Data, your use of the service in breach of these terms or the law, or your failure to give notices or obtain consents, including claims by your staff or customers.

15. Other services

If you connect a helpdesk, send results to your own systems through webhooks, or use any other third-party service with Assay, that service’s own terms apply to it and we are not responsible for it. You authorise us to exchange data with it as needed to make the connection work.

16. Changes to these terms

We may update these terms, our privacy policy, end user licence and data processing agreement at any time. The updated version applies from when it is published on this site, and the date at the top shows when it last changed. By continuing to use the service you accept the version in force. If you don’t accept it, stop using the service and cancel.

17. General

We may assign or transfer our rights and obligations under these terms, including as part of a sale or reorganisation of our business. You may not without our written consent.

We are not responsible for delays or failures caused by events outside our reasonable control, including failures of hosting, AI or payment providers, internet outages, attacks and changes in law.

These terms are the whole agreement between us about their subject and replace anything said before. Nothing in any purchase order or terms of yours applies, even if we accept the order. No one else has rights under these terms under the Contracts (Rights of Third Parties) Act 1999.

If any part is found unenforceable, the rest still applies. A delay in enforcing a right is not a waiver of it. We may send notices by email to the owner of your organisation or in the app.

These terms, and any dispute about them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.