Terms of Service

1. About These Terms

These Terms of Service ("Terms") are a legal agreement between you and Exchester Ltd (trading as "AskKit"), a company registered in England and Wales (Company No. 12601661), with its registered office at 2nd Floor College House, 17 King Edwards Road, Ruislip, London, HA4 7AE.

By creating an AskKit account or using the service, you agree to be bound by these Terms. If you do not agree, please do not use the service.

These Terms should be read alongside our Privacy Policy and Cookie Policy.

2. The Service

AskKit is an AI-powered business management assistant designed for independent service businesses. The service includes:

• AI-powered business advice and recommendations via the web portal and mobile app
• Social media content creation and publishing (Instagram, Facebook, TikTok, X)
• Google review monitoring and response suggestions
• Competitor intelligence and local market insights
• Client management tools
• Scheduling and calendar integration
• Morning briefings and proactive business alerts

Available features depend on your subscription plan. We may add, modify, or remove features from time to time.

3. Eligibility

To use AskKit, you must:

• Be at least 18 years of age
• Have the legal authority to enter into these Terms on behalf of yourself or your business
• Provide accurate and complete registration information
• Not have previously been suspended or removed from the service

4. Your Account

• Registration: You must provide accurate information when creating your account, including your real name and valid email address.
• Security: You are responsible for maintaining the confidentiality of your account credentials. Please notify us immediately at contact@exchester.com if you suspect unauthorised access.
• One business per account: Each AskKit account is associated with a single business. If you operate multiple businesses, you will need separate accounts.
• Accuracy: You are responsible for keeping your account information up to date, particularly your email address.

5. Subscription Plans and Billing

Plans

AskKit offers the following subscription tiers:

• Free: Limited features with usage caps, available at no cost.
• Solo: Core features for individual business owners.
• Growth: Enhanced features including competitor intelligence, local insights, and Google Calendar integration.
• Pro: Full feature set with higher usage limits.

Current pricing is displayed on our pricing page and is quoted in GBP (exclusive of VAT where applicable).

Billing

• Paid subscriptions are billed monthly or annually in advance via Stripe, our payment processor.
• Subscriptions automatically renew at the end of each billing period unless cancelled.
• We may change our prices with at least 30 days' written notice. Price changes will apply from your next billing period after the notice period.
• VAT will be added where applicable in accordance with UK tax law.

Upgrading and Downgrading

You can change your plan at any time through your account settings or the billing portal. When upgrading, you will be charged a pro-rated amount for the remainder of your current billing period. When downgrading, the change takes effect at the start of your next billing period.

6. Cancellation and Refunds

Your Right to Cancel (Cooling-Off Period)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your subscription within 14 days of signing up, for any reason, and receive a full refund. To exercise this right, please contact us at contact@exchester.com or cancel through your billing portal.

Cancelling After the Cooling-Off Period

• You can cancel your subscription at any time through the Stripe billing portal (accessible via your account settings) or by contacting us.
• Cancellation takes effect at the end of your current billing period. You will continue to have access to paid features until then.
• We do not provide refunds for partial billing periods after the 14-day cooling-off period, except where required by law.

Free Plan

If you are on the Free plan, you can stop using the service at any time. You can delete your account through your account settings, which will permanently remove all your data.

7. Acceptable Use

You agree not to use AskKit to:

• Violate any applicable law or regulation
• Infringe the intellectual property or privacy rights of others
• Create, distribute, or publish content that is defamatory, obscene, threatening, or otherwise harmful
• Send spam, bulk messages, or unsolicited advertising
• Attempt to gain unauthorised access to our systems or other users' accounts
• Reverse-engineer, decompile, or disassemble any part of the service
• Use automated tools (bots, scrapers) to access the service beyond its intended use
• Circumvent any usage limits, rate limits, or access restrictions
• Impersonate another person or business
• Use the AI features to generate content that violates platform policies of social media services

We reserve the right to suspend or terminate accounts that violate these terms.

8. Intellectual Property

Our Rights

The AskKit platform, including its software, design, branding, and documentation, is owned by Exchester Ltd and protected by UK and international intellectual property laws. Nothing in these Terms transfers any ownership of the platform to you.

Your Content

You retain ownership of any content you create or upload to AskKit (such as business information, images, and text). By using the service, you grant us a limited, non-exclusive licence to process, store, and transmit your content solely for the purpose of providing the service.

AI-Generated Content

Content generated by AskKit's AI features (such as social media post suggestions, review responses, and business recommendations) is provided for your use. You are free to use, modify, and publish AI-generated content. However, you are responsible for reviewing all AI-generated content before publishing or acting on it.

9. AI-Generated Content Disclaimer

AskKit uses artificial intelligence to generate suggestions and content. Please be aware that:

• AI-generated content may contain errors, inaccuracies, or outdated information.
• AI recommendations are not a substitute for professional advice (legal, financial, medical, or otherwise).
• You are solely responsible for reviewing, editing, and approving all content before it is published to your social media accounts or used in your business.
• We do not guarantee that AI-generated content will be suitable for your specific circumstances or achieve any particular business outcome.
• AI-generated social media posts should comply with the advertising standards and platform policies of each social media service. It is your responsibility to ensure compliance.

10. Third-Party Services

AskKit integrates with various third-party services to provide its features. These include:

• Social media platforms (Instagram, Facebook, TikTok, X) — governed by their respective terms of service
• Google (Calendar, Reviews, Places) — governed by Google's Terms of Service
• Stripe — for payment processing, governed by Stripe's Terms of Service

We are not responsible for the availability, accuracy, or conduct of third-party services. Any issues with third-party services should be directed to the relevant provider.

11. Service Availability

• We aim to keep AskKit available 24/7 but do not guarantee uninterrupted access.
• We may occasionally need to suspend the service for maintenance, updates, or security reasons. Where possible, we will provide advance notice.
• We are not liable for any loss or damage resulting from service downtime or interruptions.
• The Free plan does not include any service level commitments.

12. Limitation of Liability

Cap on Liability

To the maximum extent permitted by law, our total aggregate liability to you for any claims arising out of or relating to these Terms or the service shall not exceed the total amount you have paid us in subscription fees during the 12 months immediately preceding the claim.

Exclusions

To the maximum extent permitted by law, we shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your reliance on AI-generated content or recommendations
• Damages resulting from third-party service outages or actions

Statutory Rights

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under English law

If you are a consumer, these Terms do not affect your statutory rights under the Consumer Rights Act 2015.

13. Termination

By You

You can close your account at any time through your account settings. Upon account deletion:

• Your subscription will be cancelled (no further charges)
• Your personal data will be deleted in accordance with our Privacy Policy
• Content already published to third-party platforms will remain on those platforms

By Us

We may suspend or terminate your account if:

• You breach these Terms (particularly the Acceptable Use section)
• Your account has been inactive for more than 12 months
• We are required to do so by law
• We discontinue the service (with at least 30 days' notice)

Where we terminate your account for reasons other than your breach, we will provide a pro-rata refund of any pre-paid subscription fees.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

• We will provide at least 30 days' notice via email or through the service
• We will update the "Last updated" date at the top of this page
• Your continued use of the service after the notice period constitutes acceptance of the updated Terms

If you do not agree to updated Terms, you may cancel your subscription before the changes take effect.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales.

Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer based in another part of the United Kingdom, you may also bring proceedings in your local courts.

16. Contact Us

If you have any questions about these Terms, please contact us:

• Email: contact@exchester.com
• Post: Exchester Ltd, 2nd Floor College House, 17 King Edwards Road, Ruislip, London, HA4 7AE