Terms of service

These terms govern your use of Re: Caffeinate. They form a contract between you and us, so they are worth reading before you sign up.

If you are agreeing on behalf of a company, you are confirming that you are allowed to bind it. "You" means that company from then on.

1. Who we are

Re: Caffeinate Ltd, registered in England and Wales, company number 17458812, registered office Office 2016, 60 Tottenham Court Road, London, England, W1T 2EW. Referred to below as "we", "us" or "Re: Caffeinate".

2. What you are buying

2.1 Free and Pro give you the software: the live chat widget, the e-commerce dashboard, the iOS, Android, Mac and Windows apps and the integrations we make available, with the multi-channel inbox, built-in translation and Store AI on Pro. Your staff operate it. Store AI answers your team and never talks to your customers.

2.2 The Managed plan includes Pro and adds our people: 24/7 E-Commerce Staff who answer your customers on your behalf, around the clock. Because that is a service performed by humans rather than software, it carries its own terms — the Managed Services Agreement — which apply in addition to these and prevail over them if the two conflict on that subject.

2.3 What is included is whatever is described on our pricing page or in your order at the time you subscribe. We may add to the service. If we ever remove something material, clause 9.2 applies.

3. Your account

3.1 You are responsible for what happens under your account, including anything your staff do with it. Keep credentials secure and tell us promptly if you think they have been compromised.

3.2 You must give us accurate billing and contact details and keep them current. Notices we send to the address on your account count as delivered.

3.3 You must be able to form a binding contract, and you must not be barred from receiving our services under any applicable sanctions or export law.

4. Acceptable use

You agree not to:

• use the service to send unsolicited bulk messages, or anything unlawful, abusive, defamatory or fraudulent;
• upload malware, or attempt to breach, probe or overload our systems or anyone else's through them;
• resell, sublicense or provide the service to a third party as your own, unless we have agreed that in writing;
• reverse engineer the service, or use it to build a competing product;
• use it to process special category data — health, biometric, racial or ethnic origin, political opinions, religious beliefs, trade union membership, sex life or sexual orientation — or payment card numbers, or data about children, unless we have agreed it in writing beforehand. The service is not designed or assessed for those categories;
• exceed any usage limits described in your plan in a way that degrades the service for others.

We may suspend an account that breaches this section. Where the breach is not serious and can be fixed, we will tell you and give you a reasonable chance to fix it first.

5. Fees and payment

5.1 Prices are those published on our pricing page or set out in your order. They exclude VAT and any other applicable tax, which is added where due.

5.2 Billing. Subscriptions are billed in advance for each period and renew automatically at the end of it until cancelled. Payment is taken by our payment processor using the method on your account.

5.3 Failed payment. If payment fails we will retry and let you know. If it remains unpaid we may suspend access, and may terminate under clause 9.3.

5.4 Price changes. We may change prices with at least 30 days' notice before the start of your next billing period. If you do not accept a change, cancel before it takes effect — continuing past that date is acceptance.

5.5 Cancellation. You may cancel at any time, effective at the end of the period you have already paid for. We do not refund part-used periods, so you keep access until that period ends.

6. Your data

6.1 It is yours. You own the data you and your customers put into the service. Nothing here transfers ownership to us.

6.2 What we may do with it. You grant us the rights necessary to host, process and transmit it so that we can provide the service — and nothing further.

6.3 We act as your processor. For the personal data of your customers, you are the controller and we act on your instructions. The Data Processing Agreement forms part of these terms and sets out what each of us must do. Where it conflicts with these terms on data protection, it prevails.

6.4 Your own compliance. You are responsible for having a lawful basis for the data you put into the service, for your own privacy notice, and for any consent your customers need to give — including on your own website, where our widget appears. We give you the information you need to describe it; we cannot obtain those consents for you.

6.5 We do not train AI models on your data or your customers' conversations, and we require the same of the providers we use.

7. Third-party services

The service connects to platforms we do not control — your store platform, messaging and social networks, telephony providers. Your relationship with each of those is your own, governed by their terms, and we are not responsible for what they do, change or withdraw. If one of them changes in a way that breaks an integration, we will do what we reasonably can, but we cannot promise a feature that depends on someone else's platform will always exist.

8. Availability and support

8.1 We aim to keep the service available and will use reasonable efforts to do so, but we do not commit to a guaranteed uptime figure under these terms. If you need a contractual service level, talk to us and we will agree one separately.

8.2 We carry out maintenance from time to time and will give notice of planned work that we expect to be disruptive.

8.3 Support is provided through the channels described on our support page.

9. Term and termination

9.1 These terms apply for as long as you have an account.

9.2 By you. Cancel at any time under clause 5.5. If we make a material adverse change to the service or to these terms, you may terminate within 30 days of being told and we will refund the unused part of the period you have paid for.

9.3 By us. We may terminate for a material breach you have not fixed within 30 days of being told, immediately for a serious breach of clause 4, or for non-payment under clause 5.3. We may also withdraw the service entirely on 90 days' notice, refunding any unused period.

9.4 What happens to your data. For 30 days after termination you can export your data. After that your account and its contents are deleted: contacts and conversations are destroyed, not merely hidden. Backups are purged within a further 30 days, as described in our privacy policy. Tell us before the export window closes if you need help getting your data out.

10. Confidentiality

Each of us may learn things about the other that are not public. Neither will use the other's confidential information except to perform this contract, or disclose it except to people who need it and are under equivalent obligations. This does not apply to information that is already public, independently developed, or required to be disclosed by law — and where the law requires disclosure, we will tell you first unless we are forbidden to.

11. Intellectual property

We own the service, the software, and everything we put into it. You own your data and your content. Neither of us gets rights in the other's just by using it. If you send us feedback, we may act on it freely and without obligation.

12. Warranties and disclaimers

12.1 We warrant that we will provide the service with reasonable skill and care.

12.2 Beyond that, and to the extent the law allows, the service is provided as-is. We do not warrant that it will be uninterrupted or error-free, or that it will meet a requirement we have not specifically agreed in writing.

13. Liability

13.1 Nothing here limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

13.2 Neither of us is liable for indirect or consequential loss, loss of profit, revenue, goodwill or anticipated savings, however caused.

13.3 Subject to 13.1, each party's total liability arising out of or relating to this contract is limited to the total fees payable by you in the 12 months before the event giving rise to the liability.

14. Indemnity

You will indemnify us against claims arising from your use of the service in breach of these terms, from your content, or from your own breach of data protection law as controller.

15. Changes to these terms

We may change these terms. Where a change is material we will give at least 30 days' notice to account holders before it takes effect, and clause 9.2 gives you the right to leave. The effective date at the foot of this page always shows the current version.

16. General

16.1 Assignment. Neither of us may assign this contract without the other's consent, except to a successor of substantially the whole business.

16.2 Entire agreement. These terms, together with the documents they refer to, are the whole agreement between us on this subject.

16.3 No waiver. Not enforcing something once does not mean giving it up.

16.4 Severability. If a clause is unenforceable, the rest survives.

16.5 Governing law. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Contact

Email us.

Effective 26 October 2026.