Terms and Conditions

These Terms and Conditions govern the use of the Cailub website, customer accounts, demonstrations, software, AI services, website design, hosting, maintenance and business automation services.

The contracting supplier is Lyndon Mukandavire trading as Cailub. Cailub is a trading name. It is not a limited company or a separate legal entity.

By accessing, registering for, purchasing or using Cailub services, you agree to the terms that apply to what you are doing. For a purchased service, the agreement between us may include:

• These Terms and Conditions.
• The relevant service description.
• Your order or proposal.
• The Privacy Policy.
• The Refund and Cancellation Policy.
• The AI Services and Automation Terms.
• The Data Processing Agreement, where applicable.
• The applicable Service Level Agreement.
• Any separately agreed written terms.

Where a specific written agreement conflicts with these general terms, the specific agreed provision takes precedence for the relevant service.

Nothing in these terms removes rights that cannot legally be excluded, including your statutory rights as a consumer.

In these terms the following words have these meanings:

Accounts are for business users aged 18 or over. Cailub does not knowingly provide accounts to anyone under 18.

You must provide accurate information when you register and keep it up to date. You are responsible for:

• Your login credentials and keeping your password secure.
• Keeping your account information accurate.
• Protecting any device used to sign in.
• Telling us promptly if you suspect unauthorised access to your account.
• Activities carried out through your account.

You must not share an account in breach of your subscription.

We may suspend an account where we have a reasonable concern about fraud, account compromise, unlawful activity or a serious security threat. Where practical, we will first give you an opportunity to resolve the issue.

We provide the services described in the relevant package, order or proposal. Before you buy, we will show you:

• What is included and what is excluded.
• The price and any recurring payment.
• Any additional costs.
• Any required integrations.
• The expected deliverables.
• The support arrangements that apply.

Features that are not part of your selected package are not included automatically. Additional functionality or development work may need a separate quotation.

We do not guarantee commercial results, lead volumes, revenue increases or business growth.

Consumer or business customer

At checkout you must tell us whether you are buying as a consumer or for business purposes. Consumer-specific provisions, including cancellation rights and statutory consumer rights, apply only to consumers.

A sole trader buying for their business is a Business Customer. Your answer at checkout is not the only factor: we look at the overall circumstances of the purchase, and we may ask you to clarify the capacity in which you are buying.

For website projects:

• The scope will be documented in your order or proposal.
• You must provide the content and branding we need.
• You must have the rights to any material you supply.
• You must review and approve work when asked.
• Revisions follow the agreed package or proposal.
• Work outside the agreed scope may incur extra charges, which we will agree with you first.
• Delays caused by missing information from you may move delivery dates.
• Third-party software, licences, themes, plugins and domain purchases may carry additional charges.

You normally keep ownership of your own domain names. Cailub will not claim ownership of your domain.

Cailub keeps ownership of all reusable components, including underlying code, frameworks, templates, tools and pre-existing intellectual property. Once all fees for the project have been paid in full, ownership of the bespoke content and design created specifically for you transfers to you. You also receive a non-exclusive, perpetual licence to use any reusable Cailub components included in your website, so that it keeps working as delivered.

Where we supply hosting or maintenance:

• Your package defines exactly what is included.
• Maintenance does not include unlimited development.
• You must keep your account information accurate.
• You must not interfere with the hosting infrastructure.
• We may carry out maintenance and security updates.
• Outages at third-party providers may affect availability.
• We will make reasonable efforts to restore disrupted services.

We do not promise uninterrupted availability or a numerical uptime figure unless an individual service agreement expressly includes one.

You should keep your own copies of important original materials and business information.

AI systems can produce inaccurate, incomplete, misleading or out-of-date information. AI responses are not guaranteed to be correct.

You are responsible for:

• Reviewing important AI outputs.
• Making sure your source information is accurate.
• Configuring appropriate restrictions and escalation rules.
• Monitoring and testing the AI systems you deploy.
• Reviewing important automated decisions.

AI systems must not be treated as a substitute for qualified legal, financial, medical, recruitment or other regulated professional advice.

High-impact or irreversible actions must not be automated without appropriate risk assessments, permissions and safeguards. Examples include transferring funds, deleting important records, making binding contractual commitments, making consequential decisions about individuals, rejecting job applicants, and making consequential housing, credit or healthcare decisions.

Telling end users they are talking to AI

You must make sure your end users are told they are interacting with an AI system. The Cailub chat widget always shows an “AI assistant” label and a note that AI can make mistakes, links to your privacy notice (a chatbot cannot go live without one), and offers a “Leave your details” route to reach a person. You must not remove or obscure this disclosure.

New chatbots are named “Cailub” and show “Powered by Cailub”. You can rename the chatbot and switch the badge off in your settings. The AI Services and Automation Terms explain this, how set-up works, and usage limits.

Cailub does not guarantee AI accuracy, uninterrupted availability or particular business outcomes. The AI Services and Automation Terms contain further detail.

We may provide demonstrations built from publicly accessible website information. Demonstrations are for evaluation and illustration only. An independent demonstration:

• Is not an official service of the business represented.
• Is not necessarily endorsed by that business.
• Is not installed on the original website.
• May contain incomplete or AI-generated information.
• Must not be presented as an approved business system.

We may disable a demonstration following a credible intellectual property, privacy, security or legal complaint. The Demo and Free Trial Terms contain the full rules.

You must:

• Provide accurate information.
• Own, or have permission to use, the content you supply.
• Obtain appropriate permission before giving us access to a website.
• Maintain appropriate privacy notices for your own users.
• Have a lawful basis for any personal information you ask us to process, and obtain consent where it is required.
• Use the services lawfully and review important AI outputs.
• Protect your credentials and integrations.
• Give us lawful instructions.

You must not use Cailub to facilitate fraud, impersonation, phishing, unlawful surveillance, cyberattacks, harassment, unlawful discrimination or intellectual property infringement. The Acceptable Use Policy applies.

All applicable prices are shown before you buy. Your order explains any initial fee, subscription fee, billing frequency, applicable taxes, additional charges, payment dates, renewal arrangements and cancellation arrangements.

Payments are processed by Stripe. Cailub does not see or store your full card details.

You must expressly agree to any recurring payment before it starts. We will never charge you for a service you did not request.

If a payment is overdue, we may take proportionate contractual steps, including suspending the relevant service after giving appropriate notice where the law allows.

Prices are shown in pounds sterling (GBP). Cailub is not currently VAT-registered, so no VAT is charged. If that changes, we will tell you before VAT applies to any future invoice.

The total price, including any mandatory fees, is shown up front before you pay. We do not add hidden or drip-fed charges.

For Business Customers, overdue invoices may attract statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. We do not charge any other late-payment penalty fees.

Subscription packages show the recurring fee and renewal frequency before checkout. Automatic renewal is clearly disclosed and must be agreed by you.

You can cancel a subscription online through the billing portal linked from your dashboard and emails, or by emailing us. Unless otherwise agreed, cancelling stops the next renewal and you keep access until the end of the period you have already paid for.

When a chatbot subscription ends, we keep your chatbot and its data for 30 days in case you change your mind, then delete it. You can export your data from your dashboard before then.

Your statutory cancellation rights are not affected.

Our subscription process is designed to work with the subscription-contract rules in the Digital Markets, Competition and Consumers Act 2024. That means clear information before you subscribe, renewal reminders, a cooling-off period where it applies, and a straightforward way to end your subscription online.

Those subscription-contract rules protect consumers. Cailub currently sells only to businesses, but we follow the same standards of clarity, renewal reminders and easy cancellation for every subscription.

The Refund and Cancellation Policy applies and respects your rights as a consumer.

For business customers, cancellation arrangements are set out in the relevant order.

For bespoke projects, any cancellation charge reflects the agreed contract, the work actually done and the relevant legal requirements. We do not apply automatic punitive or unreasonable cancellation fees.

Cailub keeps ownership of its existing software, reusable code, internal systems, templates, technical processes, frameworks, branding and pre-existing tools.

You keep ownership of the content you supply.

Ownership of bespoke deliverables is stated in the relevant project agreement. Where ownership transfers, it normally does so once all related fees have been paid in full, subject to that agreement.

Third-party and open-source materials remain subject to their own licences.

We will not publish your confidential materials, or use your project as a portfolio example, without your permission.

We process Customer Data to provide the services you request, in line with the Privacy Policy and, where appropriate, the Data Processing Agreement.

We keep these categories separate:

• Personal information we process for Cailub's own business purposes.
• Customer Data we process on behalf of a business customer.
• End-user information belonging to a customer's visitors.
• Anonymous or aggregated technical statistics.

We do not use personal data processed on your behalf for our own unrelated marketing or prospect generation.

We do not use identifiable chatbot conversations or confidential customer documents to train general-purpose AI models without a separate lawful basis and your authorisation.

Each party will take reasonable steps to protect confidential information received from the other.

Confidential information will only be disclosed where necessary to provide the service, where authorised, or where disclosure is legally required.

We rely on carefully selected providers to deliver parts of our services, including Supabase, Render, Cloudflare, Anthropic, Firecrawl, Resend, Google, Twilio, Retell AI and Stripe. Their roles are listed in the Subprocessor Register.

These providers have their own terms, technical limits and data-processing arrangements. We use reasonable efforts to select appropriate providers and manage supplier risk.

Changes to providers that affect how customer data is processed are handled under the Privacy Policy and Data Processing Agreement.

Cailub may use subcontractors to help deliver services. Subcontractors are bound by confidentiality and, where they process customer personal data, by data protection terms equivalent to the Data Processing Agreement.

We may make changes reasonably necessary for security, maintenance, compatibility and performance.

Material changes to services you have purchased will be handled in line with your agreement and applicable law.

We may temporarily suspend services where necessary to address security threats, serious misuse, unlawful activity or non-payment.

Nothing in these terms excludes or limits liability that cannot legally be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, your mandatory consumer rights, and any other non-excludable statutory liability.

Business customers

To the extent the law allows, Cailub is not responsible to business customers for:

• Indirect or consequential losses.
• Anticipated profits or revenue that are not achieved.
• Failure to achieve particular business results.
• Losses caused by customer misuse or unauthorised instructions.
• Failures of independent third parties.

For business customers, Cailub's total liability under or in connection with an agreement is limited to the fees paid or payable for the affected service in the 12 months before the event giving rise to the claim. Where no fees have been paid, liability is limited to £100. These limits apply only so far as they are reasonable and enforceable under applicable law, including the Unfair Contract Terms Act 1977.

Consumers

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. Your statutory rights are always preserved.

A business customer is responsible for losses and reasonable costs arising directly from:

• Its unlawful use of the services.
• Its infringement of third-party rights.
• Unlawful material it supplies.
• Its lack of authority to provide website access.
• Its unlawful data-processing instructions.
• Its material breach of agreed service restrictions.

This indemnity does not cover losses caused by Cailub's own breach, negligence or unlawful conduct. It does not apply to consumers.

We may suspend or end services for serious breaches, fraud, misuse, security threats, persistent non-payment or unlawful conduct. Where practical, we will give notice and an opportunity to fix a breach that can be fixed.

You can end a service in line with your order and the Refund and Cancellation Policy.

After termination, customer data is handled under the Privacy Policy and Data Processing Agreement.

Exit and handover

When a service ends, Cailub will give reasonable cooperation to hand back or transfer your domain, content and exported data. Where Cailub installed chatbot code on your website, we will remove it.

Where practicable, domain and hosting accounts should be registered in your own name, so that you keep control of them throughout.

Neither party is responsible for failures caused by events outside its reasonable control, such as serious infrastructure failures, major internet outages, natural disasters, government action and significant third-party disruption.

The affected party must take reasonable steps to limit the impact and keep the other party informed.

Cailub sells to business customers only, in these markets: United Kingdom, European Union, United States, United Arab Emirates, Canada, Australia. Quebec and the DIFC and ADGM free zones are not yet supported. We do not take orders from other countries, and we do not claim compliance with the laws of countries we do not serve.

At checkout you tell us your business country and billing country. If they do not match, or your country is not supported, we may review or decline the order.

A Market Supplement for your market forms part of these terms. It sets out the local rights that cannot be excluded, governing law wording, data transfers and tax. Where it differs from these terms, the supplement applies for your market.

The choice of English law does not remove protections that the law where you are based says cannot be excluded.

You are responsible for making sure your business use of the services complies with the laws that apply to you.

If you are unhappy with a service, email cailub.solutions@gmail.com with your name, the service concerned and what went wrong. We will acknowledge your complaint and aim to resolve it fairly and promptly.

Data protection complaints follow the separate procedure in the Privacy Policy.

These terms are governed by the laws of England and Wales.

Business Customers: the courts of England and Wales have exclusive jurisdiction.

Consumers: you may bring proceedings in the courts of England and Wales or, where mandatory law gives you the right, in the courts of the country where you live. You keep the mandatory protections of the law where you live.

• Entire agreement: the documents listed in the Introduction form the whole agreement between us for the relevant service and replace any earlier discussions about it.
• Variation: we may change these general terms by giving you notice. Changes will not affect fixed terms you have already paid for, unless the change is required by law or for security reasons.
• Assignment: you may not transfer your rights under these terms without our written agreement. We may transfer our rights where this does not reduce your rights.
• Severability: if a court decides any part of these terms is invalid, the rest remains in force.
• No waiver: if we delay enforcing a right, we may still enforce it later.
• Third-party rights: no one other than you and Cailub has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
• Notices: we will send notices by email to the address on your account. You can send notices to the email address in the Contact details section.
• Electronic communications: you agree that contracts, notices and other communications may be made electronically, and that this satisfies any legal requirement for them to be in writing.
• Electronic signatures: some documents (such as installation authorisations, the Data Processing Agreement and project scopes) are signed in your Cailub dashboard by typing your full legal name after signing in, confirming a declaration of your intention to sign. You agree that this is a valid way for you to sign those documents. It is an electronic signature for ordinary commercial agreements, not a qualified electronic signature; documents that must be made as deeds or witnessed are not signed this way. A signed document is never changed: any amendment is issued as a new version for signature.