Terms of service

Captevio is a trading name of Niumora Limited, registered in England and Wales. These terms are an agreement between you and Niumora Limited (“we”, “us”) for the use of Captevio, including the website, dashboard, embed script, APIs and emails we send for you (together, “the service”). By creating an account or using the service, you agree to them.

Captevio is for businesses. If you use it on behalf of a company, you confirm that you have authority to accept these terms for it, and “you” means that company. You must be at least 18.

Our Privacy policy explains how we handle personal information and forms part of these terms.

• Give us accurate information and keep it up to date.
• Keep your sign-in details secure. You are responsible for what happens in your account, including actions by team members you invite.
• Tell us promptly at [email protected] if you think your account has been accessed without permission.

We will provide the service with reasonable skill and care. We regularly improve it, which means features may be added, changed or removed. If we remove something important to paid plans, we will give reasonable notice.

Some features may be marked as beta or early access. They may be less reliable and may change or end.

We aim to keep the service available, but do not promise it will be uninterrupted or free of errors. The embed script is designed to fail quietly, so a problem on our side should not break your website.

• The free plan is free for one site within its usage limits. Paid plans are priced by volume, as shown on our pricing page when you subscribe.
• Paid plans may start with a free trial. We will tell you the trial length before it starts.
• Subscriptions renew automatically each month or year until cancelled, and are charged in advance through Stripe. Prices exclude any applicable taxes.
• When you reach a plan limit, the affected feature pauses until the next billing period. For example, popups stop showing or emails stop sending. You can upgrade or buy a one-off add-on pack to continue.
• AI features draw on a monthly allowance of AI tokens included with your plan, and any packs you buy. Unused tokens do not carry over.
• You can cancel at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Except where the law requires otherwise, payments are non-refundable, including for partial periods and unused allowances.
• We may change prices. We will give at least 30 days’ notice before a change affects your subscription, and it will apply from your next renewal.
• If a payment fails, we will let you know. If it is not resolved, we may downgrade or suspend paid features.

You own the content you put into Captevio: text, images, designs, contact lists and the information your visitors submit (“your content”). You give us permission to host, copy, process and display your content only as needed to provide and improve the service, and to show it on your websites and in your emails as you direct.

You are responsible for your content and how you use the service. In particular, you confirm that:

• you have the right to use everything you upload, including photos and logos;
• your website has a privacy notice that covers Captevio, and you obtain any consent the law requires, such as for cookies, browser storage and marketing email;
• you have a lawful basis to email everyone on your lists, and you honour unsubscribes;
• your offers, prices and claims are accurate and lawful.

You can export your enquiries and contacts while your account is open.

For personal information about your visitors and guests, you are the controller (responsible party) and we are your processor (operator). We will:

• process it only to provide the service and on your documented instructions, which include these terms and your settings;
• make sure our staff and sub-processors are bound by confidentiality;
• protect it with appropriate security measures;
• use only the sub-processors listed in our Privacy policy, and give notice of changes to that list;
• help you respond to requests from individuals and to meet your own obligations;
• tell you without undue delay about a personal data breach affecting your data;
• delete it when your account closes, unless the law requires us to keep it.

If your organisation needs a signed data processing agreement, contact [email protected].

Captevio’s AI builders use AI models, currently provided by Anthropic, to create and edit popups and emails from your instructions. Please read this section carefully.

AI can make mistakes

AI output is generated automatically and can be wrong. Designs and text produced by the AI builders may:

• contain factual errors, such as the wrong dates, prices, seasons, locations or details about your property;
• make claims or promises you did not intend, or that are not true of your business;
• misunderstand your instructions, or change parts of a design you did not ask to change;
• look different from what you expected on some screens, email clients or browsers, or have accessibility problems;
• include wording, images or styles that are similar to other people’s content;
• occasionally be inappropriate or offensive, despite safeguards.

You review before you publish

Nothing the AI creates goes live on its own. You decide what to publish or send, and you are responsible for checking it first, just as you would with work from a new member of staff. Do not rely on AI output for legal, tax, pricing, health, safety or compliance matters, including consent wording and privacy notices.

What you put in

Do not enter guests’ personal information, payment details or other sensitive information into the AI builders. Only upload images and text you have the right to use. Our Privacy policy explains what is sent to the AI and how it is handled. Your AI inputs are not used to train AI models.

Ownership of output

As between you and us, you own the designs and text the AI builders create for you. We cannot promise that AI output is unique, or that it does not infringe anyone else’s rights, so check anything you plan to rely on heavily, such as a slogan or logo.

Limits and changes

AI use counts towards your plan’s AI token allowance. We may change the models we use, limit usage to protect the service, or decline requests that break these terms. If AI produces something harmful or clearly wrong, please tell us at [email protected].

You must not use Captevio to:

• send spam, or email people who have not agreed to hear from you or who have unsubscribed;
• deceive visitors, for example with fake urgency, fake reviews, false prices or popups that pretend to be something else;
• collect passwords, payment card details or identity documents through forms;
• publish unlawful, harmful, hateful or infringing content, or content that exploits children;
• distribute malware or attack, probe or overload the service or anyone else’s systems;
• get around plan limits, rate limits, security or spam protection;
• copy, resell or build a competing product from the service without our permission;
• break any law, including privacy, anti-spam and consumer protection laws.

To protect email deliverability for all customers, we may pause sending if bounce or complaint rates are unusually high, and help you fix the cause.

Captevio connects to services you choose, such as email platforms, analytics tools and payment providers. Your use of those services is governed by their own terms, and we are not responsible for them. If a third party changes or withdraws its service, the related Captevio feature may stop working.

We own the service, including its software, templates, design and brand. We give you a limited, non-exclusive, non-transferable right to use it for your business while your account is active. You may adapt the templates we provide for your own websites and emails. If you send us feedback or ideas, we may use them without any obligation to you.

You can stop using Captevio and close your account at any time. We may suspend or close an account that seriously or repeatedly breaks these terms, puts others at risk, or has unpaid fees. Where reasonable, we will warn you first and give you a chance to fix the problem.

After closure, the embed script stops showing popups on your site. Export anything you need before closing; we will then delete your content as described in our Privacy policy.

Apart from the promises in these terms, the service is provided “as is” and “as available”. We do not promise any particular number of enquiries, bookings or revenue.

To the extent the law allows, neither of us is liable for indirect or consequential losses, or for lost profits, revenue, bookings, goodwill or data, even if they were foreseeable. Our total liability to you for all claims in any 12 months is limited to the fees you paid us in those 12 months, or US$100 if greater.

Nothing in these terms limits liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence.

You will cover our reasonable losses and costs from claims by third parties arising from your content, your emails, or your breach of these terms or the law.

We may update these terms. We will change the date at the top, and for significant changes we will give account holders at least 30 days’ notice by email or in the dashboard. If you keep using the service after a change takes effect, the new terms apply; if you don’t agree, you can cancel before then.

These terms are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction over any dispute. This does not remove any rights you have under the mandatory laws of the country where you are based. Before starting formal proceedings, please contact us so we can try to resolve the matter.

• These terms, with our Privacy policy, are the whole agreement between us about the service.
• If part of these terms cannot be enforced, the rest still applies.
• If we don’t enforce a term straight away, we can still enforce it later.
• You may not transfer your account without our agreement. We may transfer these terms to a successor business.
• We are not responsible for delays or failures caused by events beyond our reasonable control.
• We will send notices to your account email address. Send notices to us at [email protected].

Trading name

Captevio

Company

Niumora Limited

Registered in

England and Wales

Email

[email protected]