1. Purpose
These Terms and Conditions (the "Terms") govern the use of the Qaptivo service, an AI chatbot SaaS platform published by Navescale, Lda. By subscribing to Qaptivo, the Customer accepts these Terms without reservation.
2. Service publisher
Navescale, Lda
Praça Duque de Saldanha 1, 2º andar
1050-094 Lisbon, Portugal
NIF: 518556719
Contact: [email protected]
3. Description of the service
Qaptivo is an AI chatbot service that can be embedded on the Customer's website. The service includes:
- An AI chat widget that embeds via a <script> tag
- An administration dashboard (lead management, knowledge base, statistics)
- AI processing of conversations through language models
- Automatic lead capture and scoring
4. Subscription and pricing
Current prices are displayed on the qaptivo.com website. Three plans are available:
- Essential: 1 campus
- Multi-site: 2 to 5 campuses
- Network: 6 to 15 campuses
Beyond 15 campuses, a bespoke offer is available on quote. Prices are stated in euros excluding VAT.
Billing is monthly or annual, at the Customer's choice. Payment is made by bank card via Stripe. Any period started is due in full.
Early Partner programme. The rate granted under the Early Partner programme remains applicable for the whole life of the subscription, with no time limit, for as long as the subscription is not cancelled. It is granted in exchange for a publishable customer testimonial and a monthly feedback call during the first three months. The Customer freely chooses monthly or annual billing: the monthly rate is identical in both cases, annual billing corresponding to twelve monthly instalments paid in one go. No annual discount is added on top.
Price change notice. Any change to the rate applicable to a current subscription is notified to the Customer at least 60 days before it takes effect, by email to the address associated with their account. The Customer may cancel free of charge before the change takes effect.
5. Free trial
A free trial may be offered. At the end of the trial, the Customer must subscribe to a paid plan to continue using the service. Without a subscription, access to the service is suspended.
6. Term and cancellation
The subscription has no minimum term. The Customer may cancel at any time from the Stripe portal accessible in their dashboard. Cancellation takes effect at the end of the current billing period. No pro-rata refund is made.
Exception: performance guarantee. As an exception to the above, if the service stops working due to Qaptivo, the months paid for and not used are refunded to the Customer. This is a performance guarantee: it does not apply to a cancellation initiated by the Customer, nor to a suspension resulting from a breach on the Customer's part.
7. Customer obligations
- Use the service in accordance with its intended purpose and with applicable law
- Not use the chatbot to collect sensitive data (health, political opinions, etc.)
- Inform visitors to their website of the presence of an AI chatbot and of the processing of their data
- Keep their dashboard login credentials secure
8. Personal data protection and DPA
In the context of the Service, Qaptivo acts as a processor within the meaning of Article 28 of the GDPR for the personal data of the Customer's visitors and prospects processed through the chatbot widget. The Customer remains the controller.
The parties' respective obligations under the GDPR are governed by the Data Processing Agreement (DPA) available at qaptivo.com/en/dpa. Acceptance of these Terms constitutes full and complete acceptance of the DPA in the version in force on the date of subscription, in accordance with the incorporation-by-reference mechanism recognised under applicable law.
Any material change to the DPA is notified to the Customer by email with at least 30 days' notice before it comes into force. The Customer may refuse the change by cancelling their subscription free of charge and without penalty before the effective date, with a pro-rata refund of any sums paid in advance. Continued use of the Service after the effective date constitutes acceptance of the new version.
The processing of the Customer's own personal data (dashboard account, billing, support) is governed by Qaptivo's privacy policy.
9. Service availability
Qaptivo undertakes to provide a service available 24 hours a day, 7 days a week, subject to maintenance operations. Qaptivo does not guarantee 100% availability and cannot be held liable for interruptions attributable to third-party providers (Anthropic, OpenAI, Stripe, hosting provider).
10. Intellectual property
The Customer retains full ownership of its content (knowledge base, lead data). Qaptivo retains ownership of the platform, the source code and all of its technical components.
11. Limitation of liability
Answers generated by the AI are provided for information purposes only. Qaptivo cannot be held liable for the content of the chatbot's answers, nor for decisions taken by the Customer or its visitors on the basis of those answers. Qaptivo's total liability is limited to the amount of the sums paid by the Customer over the last 12 months.
12. Governing law and jurisdiction
These Terms are governed by Portuguese law. Any dispute shall be submitted to the competent courts of Lisbon, Portugal.