Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the missed-call lead capture service (the "Service") and the GarageAI website at [garageai.co.uk] (the "Website") provided by GarageAI Ltd ("we," "us," or "our"), a company registered in England and Wales with company number [Insert Number] and registered office at [Insert Address, e.g., London, England].

By subscribing to or using the Service (including via Stripe payment), accessing the Website, booking a demo via Calendly, or joining the waitlist via Mailchimp, you ("you" or "Subscriber") agree to these Terms. If you are subscribing on behalf of a business (e.g., a garage), you represent that you have authority to bind that business.

These Terms have been reviewed for compliance with UK GDPR (as amended by the Data (Use and Access) Act 2025), PECR, and Ofcom regulations on automated messaging as of January 2026. No material changes to UK GDPR enforcement procedures apply immediately (e.g., the new cross-border regulation starts April 2027; ICO's updated ADM guidance expected early 2026, but no ADM in this Service). Pricing updated to reflect Website details (£49/month standard, with optional discounts for early access).

2. Service and Website Description

1. The Service provides automated lead capture for genuinely missed calls to your existing UK phone number using webhook-based detection (via providers like Twilio). It sends one single-segment SMS to the caller with a garage-specific link to a mobile form requiring a valid UK vehicle registration, name, phone number (pre-filled where possible), reason (MOT/Service/Repair/Other), and optional message. Upon submission, we send one structured email to your designated address and store the lead internally for our admin purposes only.
2. The Service is UK-specific, invisible to you (no logins, dashboards, or software required), and operates automatically. It is not a CRM, booking system, AI assistant, or messaging platform. SMS are service-related follow-ups to missed calls, not unsolicited marketing.
3. The Website provides information about the Service, a revenue calculator, demo booking via Calendly, and waitlist signup via Mailchimp. Use of the Website is free but subject to these Terms.
4. We reserve the right to modify the Service or Website with reasonable notice, provided core functionality remains intact. Modifications may include updates for regulatory compliance (e.g., Ofcom scam prevention proposals expected summer 2026).

3. Eligibility and Subscription

1. You must be a UK-based garage or authorized representative, at least 18 years old, and have legal capacity to enter contracts.
2. Subscription Plan: One plan at £49 per month (exclusive of VAT), billed via Stripe. Includes optional discounts or coupons (e.g., £39/month for first 3 months for early access/waitlist members).
3. Billing: Subscriptions are monthly, auto-renewing, and billed in advance. You authorize Stripe to charge your provided payment method. Late payments may pause the Service without refund.
4. Subscription Control: Based on Stripe status: Active (Service enabled), Past Due/Unpaid (Service paused; no SMS sent, no leads captured, no costs incurred), Canceled/Deleted (Service ends immediately).
5. Cancellation: Cancel anytime via Stripe or by emailing daniel@garageai.co.uk. Access ends at billing cycle close; no refunds for partial months.
6. Taxes: You are responsible for VAT and other taxes.
7. No Refunds: Fees are non-refundable except as required by law (e.g., under UK Consumer Contracts Regulations for distance sales).

4. Your Obligations

1. Provide accurate information: Your garage name, phone number, email, and payment details.
2. Compliance: Use the Service and Website only for lawful purposes. Ensure your phone number is valid and you have rights to use it with the Service. Comply with UK laws, including UK GDPR (as amended), PECR, Ofcom rules on automated SMS (e.g., no misuse for scams), and data protection. Conduct a Legitimate Interests Assessment (LIA) for processing caller data via SMS follow-ups, confirming reasonable expectations post-missed call.
3. No Interference: Do not attempt to access, modify, or disrupt the Service or Website, including via hacking or reverse engineering.
4. Data Controller Responsibilities: As the garage receiving leads, you are the data controller under UK GDPR for caller data (e.g., phone numbers, vehicle registrations). You must ensure lawful basis for processing (e.g., legitimate interests with LIA) and handle leads compliantly, including responding to data subject rights. See our Data Processing Addendum below. Warrant that SMS follow-ups qualify as service messages under PECR (not marketing requiring consent).
5. Website Use: Do not misuse the revenue calculator, Calendly bookings, or Mailchimp signups. Inputs to the calculator are not stored or processed beyond session use.

5. Our Obligations

1. Reliability: We aim for high availability but do not guarantee 100% uptime. Detection distinguishes answered/voicemail from genuine misses; duplicates are prevented.
2. SMS and Forms: One SMS per miss (not sent if paused). Forms enforce UK registration validation; no submissions without it. SMS comply with Ofcom guidelines, including scam prevention measures (e.g., no high-volume abuse).
3. Emails: Structured, timestamped in UK timezone, sent via providers like Postmark.
4. Security: We implement appropriate technical measures (e.g., encryption, access controls) to protect data, per UK GDPR Article 32.
5. Website: We provide the Website "as is." Demo bookings via Calendly and waitlist via Mailchimp are for informational purposes; we are not liable for third-party scheduling or email services.

6. Intellectual Property

We own all rights in the Service and Website, including software, processes, designs, and trademarks. You receive a limited, revocable license to use leads generated for your business and access the Website for personal use. Leads: You own leads received but grant us a license to process and store them as needed for the Service.

7. Data Protection and Privacy

We process personal data as your processor for the Service and as controller for Website interactions (e.g., waitlist emails). See our Privacy Policy and Data Processing Addendum below, which form part of these Terms. You warrant that you have a lawful basis for us to process caller data on your behalf, such as legitimate interests (with documented LIA).

8. Limitation of Liability

To the fullest extent permitted by law, our liability is limited to fees paid in the 12 months preceding a claim. We are not liable for indirect losses (e.g., lost profits, data loss) or issues from third-party providers (e.g., Twilio outages, Calendly unavailability, Mailchimp delivery failures). Nothing excludes liability for death, injury, fraud, or gross negligence.

9. Indemnity

You indemnify us against claims arising from your misuse of the Service or Website or breach of these Terms, including non-compliance with UK GDPR or PECR.

10. Termination

We may terminate for breach (e.g., non-payment) with notice. On termination: Service stops; we delete your data within 30 days (except as required by law). Website access may be restricted.

11. General

Governing Law: England and Wales; exclusive jurisdiction of English courts. Force Majeure: No liability for events beyond control (e.g., telecom failures). Amendments: We may update Terms with 30 days' notice; continued use constitutes acceptance. Updates may reflect DUAA changes or Ofcom rules. Contact: daniel@garageai.co.uk or 07792 546820.