Terms of Service

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and any policies referenced within them, including our Privacy Policy. If you do not agree, you must not use the Service.

Cappish is an AI-powered guest communications platform for restaurants. The Service can receive, interpret, and respond to messages and calls from your guests across channels such as WhatsApp, Instagram, and telephone, and can assist with bookings, reminders, deposits, and FAQs. The exact features available to you will depend on the plan you select and the channels you connect.

To use the Service you must be at least 18 years old and have the authority to bind a real, lawfully operating UK business. You agree to provide accurate, current, and complete information when creating your account and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree not to:

• Use the Service to send unlawful, fraudulent, defamatory, or harassing messages;
• Use the Service to send unsolicited bulk marketing in breach of PECR or other applicable laws;
• Attempt to interfere with, reverse-engineer, probe, or disrupt the Service or its underlying systems;
• Use the Service to train competing AI models or to scrape or copy our outputs at scale;
• Submit content that infringes a third party's rights or violates messaging platform policies (including Meta's WhatsApp and Instagram policies).

We may suspend or terminate accounts that breach this section, with or without notice, depending on the severity of the breach.

You are responsible for:

• Providing accurate, complete, and up-to-date information about your menu, allergens, opening hours, policies, and pricing. The Service relies on the information you supply, and inaccurate information may lead to inaccurate replies.
• Complying with all laws applicable to your business and to your communications with your guests, including UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), consumer protection law, and food information regulations.
• Acting as the data controller for personal data of your guests that flows through the Service, and providing your guests with appropriate notice and any required lawful basis or consent.
• Reviewing AI-generated replies as needed and supervising the configuration of the Service for your restaurant.

The Service is provided on a subscription basis. Fees, billing frequency (typically monthly), and any included usage are set out at sign-up or in your order form. Subscriptions automatically renew at the end of each billing cycle until cancelled. You may cancel at any time, and cancellation takes effect at the end of your current paid period.

All fees are quoted exclusive of VAT, which will be added where applicable. Late payments may attract interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998. We may suspend the Service if your account is materially overdue.

As between you and us, we own all rights, title, and interest in and to the Service, including the Cappish name, software, models, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms.

You retain all rights to your business content (menus, brand assets, policies) and to your guest data. You grant us a worldwide, non-exclusive licence to use that content solely as needed to provide and support the Service to you and to improve the Service in accordance with our Privacy Policy.

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we exclude all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

AI-generated outputs may occasionally be incomplete, out of date, or incorrect. This is particularly important for allergen, dietary, and food-safety information. You are responsible for ensuring that your allergen and ingredient information is accurate, that your staff are trained accordingly, and that any guest with a serious allergy is advised to confirm details directly with your team. Cappish does not replace your statutory duties under UK food information law.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under English law.

Subject to the paragraph above, our total aggregate liability to you arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim. We will not be liable for any loss of profits, loss of revenue, loss of business, loss of goodwill, or any indirect or consequential loss.

You agree to indemnify and hold harmless Cappish, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to your use of the Service in breach of these Terms, your content, or your violation of any law or third-party right (including messaging platform policies).

You may stop using the Service and cancel your subscription at any time from your account settings. We may suspend or terminate your access to the Service immediately if you materially breach these Terms, if your use poses a security or legal risk, or if continuing to provide the Service becomes commercially impractical.

On termination, your right to use the Service ends. We will make a reasonable effort to provide you with an export of your data in a commonly used format on request, subject to our retention obligations.

We may update the Service and these Terms from time to time. Where changes are material, we will give you reasonable advance notice by email or in the product. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

For legal notices and questions about these Terms, please contact legal@cappish.com.