Terms of Service

Agreement to these terms

These Terms of Service (‘Terms’) are a legally binding agreement between you and Vancap Technologies Ltd, trading as Vancap (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in England and Wales (company number 17057839), with its registered office at C/O Roxburgh Milkins Limited, Merchants House North, Wapping Road, Bristol BS1 4RW.

They govern your access to and use of our marketing website at https://www.vancap.ai, our application at https://portal.vancap.app (the ‘Platform’), and any related products and services that link to these Terms (together, the ‘Services’).

Vancap is a business-to-business platform for technical consultants and surveyors, and for the clients who commission their surveys. Survey teams use it to manage inspection jobs, capture field notes and media, and generate professional survey documents and reports using AI; the organisations that commission those surveys use it to receive and review the resulting reports.

By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organisation, you confirm you are authorised to bind that organisation, and “you” means that organisation. If you do not agree, you must not use the Services.

The Services are intended for business users aged 18 or over. Access is by invitation only: accounts are created by an administrator at your organisation, and there is no public self-service registration.

You can contact us at support@vancap.ai.

Table of contents

1. The Services
2. Accounts and access
3. Your content and your data
4. Our intellectual property
5. AI-generated output
6. Acceptable use
7. Fees and subscriptions
8. Data protection
9. Third-party services
10. Confidentiality
11. Service availability and changes
12. Term, suspension, and termination
13. Disclaimers
14. Limitation of liability
15. Indemnification
16. Governing law and jurisdiction
17. Changes to these Terms
18. General
19. Contact us

1. The Services

We grant your organisation a non-exclusive, non-transferable, revocable right to access and use the Services for your organisation’s internal business purposes, subject to these Terms and any order or plan agreed with us.

If your organisation has entered into a separate written agreement with us for the Services — for example, a trial agreement or an order form — that agreement applies to your use and prevails over these Terms to the extent of any conflict.

The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction where doing so would be contrary to law or would subject us to any registration requirement. You are responsible for complying with local laws to the extent they apply to your use of the Services.

2. Accounts and access

Access to the Platform is provided to individuals invited by your organisation’s administrator. You sign in using your organisation’s Google or Microsoft account (single sign-on).

You are responsible for activity that takes place under your account. You agree to keep your sign-in credentials secure, to use the Services only with valid authorisation from your organisation, and to notify us promptly of any unauthorised use. Your organisation’s administrators are responsible for managing who has access and for removing access when it is no longer needed.

We may remove or change a username, or refuse, suspend, or reclaim access, where we reasonably consider it necessary — for example, on a security, legal, or acceptable-use ground.

3. Your content and your data

You own your content. As between you and us, your organisation retains all ownership of, and all intellectual property rights in, the content it uploads to or creates in the Platform — including inspection data, field notes, media, documents, and the reports generated for you (your ‘Content’). We do not claim ownership of your Content.

Licence to us. You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and adapt your Content solely to the extent necessary to provide, secure, and support the Services for you, and as instructed by you through your use of the Services. This licence exists only to operate the Services and ends when your Content is deleted or your access ends, except where we must retain copies to comply with law. We do not use your Content for advertising, and we do not use it to train AI models.

Your responsibilities for Content. You are responsible for your Content and for ensuring you have the necessary rights and lawful basis to upload it and to have it processed through the Services — including, where your Content contains personal data about other people, meeting your own obligations as a controller under data protection law (see section 8).

Sharing. The Platform lets you share reports and other material with people you choose (including with other organisations through a publication). You are responsible for deciding what you share and with whom.

4. Our intellectual property

The Services — including all software, source code, databases, designs, text, graphics, and the look and feel — and the Vancap name, logos, and marks (together, our ‘Materials’) are owned by or licensed to us and are protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights in our Materials.

You must not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of any part of the Services, except to the extent this restriction is prohibited by law. If you send us feedback, suggestions, or ideas about the Services (‘Feedback’), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate that Feedback into the Services and to otherwise exploit it for any purpose, without restriction, acknowledgment, or obligation to you.

5. AI-generated output

The Platform uses artificial intelligence to summarise evidence and generate draft documents and reports (‘Output’).

You understand and agree that:

• Output is a draft and may contain errors, omissions, or inaccuracies. It is generated automatically and is not reviewed by us.
• Output is not professional advice and is not a substitute for the professional judgement of a qualified consultant or surveyor. You are responsible for reviewing, verifying, and approving any Output before relying on it or issuing it.
• We give no warranty as to Output. We do not warrant that Output is accurate, complete, or original, or that it does not infringe the rights of any third party.
• Output may not be unique. Because it is generated by AI language models, similar or identical Output may be generated for other users.
• You are responsible for the deliverables you produce using the Services, including their accuracy and their compliance with any applicable professional, legal, or regulatory standards.

Subject to these Terms, Output generated for you forms part of your Content and is owned by you (see section 3).

6. Acceptable use

You agree not to, and not to permit anyone else to:

• use the Services in breach of any applicable law or regulation, or to infringe anyone’s rights;
• upload content you do not have the right to upload, or that is unlawful;
• attempt to gain unauthorised access to the Services, other organisations’ data, or our systems, or to interfere with or disrupt the Services or their security features;
• probe, scan, or test the vulnerability of the Services except with our prior written permission;
• use automated means to access the Services in a way that places an unreasonable load on them, or scrape or harvest data without our permission;
• copy, adapt, decompile, disassemble, or reverse engineer the Services’ software, except to the extent permitted by law;
• resell, sublicense, or otherwise make the Services available to third parties except as expressly permitted; or
• use the Services to build or assist a competing product or service.

We may investigate and take appropriate action against anyone who, in our reasonable judgement, breaches this section, including suspending or terminating access and reporting unlawful activity to the authorities.

7. Fees and subscriptions

Where your organisation has agreed a paid plan or order with us, the following apply:

• Fees are set out in your order or plan and are payable in the currency stated there (ordinarily GBP). Fees are exclusive of VAT and any other applicable taxes, which you are responsible for where they apply.
• Billing and renewal. Paid subscriptions renew automatically for successive periods unless cancelled before the end of the then-current period. You authorise us, or our payment provider, to charge the applicable fees on a recurring basis until you cancel.
• Payment provider. Payments are processed by our third-party payment provider. We do not store your full card details. Your use of the payment provider may be subject to its own terms.
• Cancellation. You may cancel a subscription as described in the Platform or by contacting support@vancap.ai. Cancellation takes effect at the end of the current paid period, and fees already paid are non-refundable except as required by law or as set out in our Refund Policy.
• Changes to fees. We may change fees, and will give you reasonable notice of any change before it takes effect.

Where access is provided to your organisation without charge (for example, during an evaluation or early-access period), we may modify or withdraw that free access at any time.

8. Data protection

Our Privacy Policy explains how we handle personal information and forms part of these Terms.

Where we process personal data contained in your Content on your behalf, we act as a processor and your organisation acts as the controller, and we process it only on your organisation’s instructions. Where data protection law requires a data processing agreement, we will enter into one with your organisation setting out our respective obligations. You are responsible for ensuring you have the right to provide that personal data to us for processing through the Services.

9. Third-party services

The Services rely on, and may link to or integrate with, third-party services (for example, authentication, hosting, messaging, and mapping providers). We are not responsible for third-party services, their content, or their availability, and your use of them may be governed by their own terms and privacy notices. Enabling an integration is your decision, and you are responsible for your use of it.

10. Confidentiality

Confidential Information means any non-public information disclosed by one party (the ‘Discloser’) to the other (the ‘Recipient’) in connection with the Services, whether or not marked as confidential, that the Recipient should reasonably understand to be confidential. It includes the terms of the Agreement, each party’s business, technical, financial, and commercial information, and our non-public information about the Services. Your Content is your Confidential Information.

The Recipient will: (a) keep the Discloser’s Confidential Information confidential and not disclose it to any third party except as permitted here; (b) use it only as needed to exercise its rights or perform its obligations under the Agreement; and (c) protect it using at least the same care it uses for its own confidential information, and in any event no less than reasonable care. The Recipient may share Confidential Information with its personnel and professional advisers who need it for those purposes and who are bound by confidentiality obligations, and the Recipient remains responsible for their compliance.

These obligations do not apply to information that the Recipient can show: (a) is or becomes public through no breach of this section; (b) it already held without a duty of confidence; (c) it received from a third party without a duty of confidence; or (d) it developed independently without using the Discloser’s Confidential Information.

The Recipient may disclose Confidential Information to the extent required by law or by a court, regulator, or other authority of competent jurisdiction, provided that, where lawful, it gives the Discloser reasonable prior notice so the Discloser can seek protective measures.

These confidentiality obligations apply during the term of the Agreement and continue after it ends.

11. Service availability and changes

We aim to keep the Services available but do not guarantee they will be uninterrupted or error-free. We may need to perform maintenance, and we may change, suspend, or discontinue features from time to time. We will use reasonable efforts to limit disruption and, where a change is material, to give you reasonable notice.

12. Term, suspension, and termination

These Terms apply while you use the Services. Your organisation’s administrator may remove your access at any time.

Either party may terminate the Agreement on written notice if the other materially breaches these Terms and, where the breach can be remedied, fails to remedy it within 30 days of written notice.

We may also suspend or terminate your access, in whole or in part, if you breach these Terms, if your use poses a security or legal risk, or as otherwise permitted by your organisation’s order or plan. Where practicable and lawful, we will give notice.

On termination, your right to use the Services ends. Following termination, your organisation may request a copy of its Content within a reasonable period, after which we may delete it in the ordinary course, subject to our Privacy Policy, any applicable data processing agreement, and any legal retention requirement. Sections that by their nature should survive termination (including sections 3, 4, 10, 13, 14, 15, 16, and 18) will survive.

13. Disclaimers

The Services are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, we exclude all warranties, conditions, and representations that are not expressly set out in these Terms, whether express or implied, including any implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that any Output will be accurate or complete. You are responsible for your use of the Services and for any deliverables you produce with them (see section 5).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

14. Limitation of liability

Nothing in these Terms limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

Subject to the paragraph above, and to the fullest extent permitted by law:

• we will not be liable for any of the following, whether direct or indirect: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage; and
• our total aggregate liability arising out of or in connection with these Terms and the Services will not exceed the total fees paid by your organisation to us in the twelve (12) months immediately before the event giving rise to the liability (or, where no fees have been paid, one hundred pounds (£100)).

15. Indemnification

You agree to indemnify and hold us harmless from and against any losses, damages, liabilities, and reasonable costs (including reasonable legal fees) arising out of or related to: (a) your Content; (b) your use of the Services in breach of these Terms; (c) your breach of any law or of any third party’s rights; or (d) your breach of your data protection obligations in relation to Content you provide. We will notify you of any such claim and may, at our option, participate in its defence.

16. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of England and Wales. You and we agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, except that we may bring proceedings to protect our intellectual property or to seek injunctive relief in any court of competent jurisdiction.

17. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will give you reasonable notice — by posting the updated Terms with a new ‘Last updated’ date, or by contacting you. Your continued use of the Services after the changes take effect means you accept the updated Terms. Previous versions are retained as part of our records.

18. General

These Terms, together with our Privacy Policy, Refund Policy, and any order or plan agreed with us, are the entire agreement between you and us regarding the Services and replace any prior agreement on that subject. You acknowledge that you have not relied on any statement, promise, or representation that is not set out in them. If any provision is held to be unenforceable, the rest will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for failure or delay caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, agency, or employment relationship between the parties. Notices to us should be sent to support@vancap.ai.

19. Contact us

For any questions about these Terms, or to resolve a complaint about the Services, contact us at:

Vancap Technologies Ltd
C/O Roxburgh Milkins Limited
Merchants House North, Wapping Road
Bristol BS1 4RW
United Kingdom
support@vancap.ai