Terms of service

1. About Pygar.AI

1.1Pygar.AI is operated by:

Legal name: Pygar AI Technologies Ltd

Company number: 17430073 (registered in England and Wales)

Registered office: 33 Acorn Mill, Mellor Street, Oldham, OL4 3DH

Postal address: Suite 33 Acorn Mill, Lees, Oldham, OL4 3DH

General and legal email: admin (at) pygar.ai

Support contact: the contact form at https://pygar.ai/contact

1.2In these Terms, “Pygar”, “Pygar.AI”, “we”, “us” and “our” mean the legal entity identified above.

1.3Our website is available at https://pygar.ai.

1.4You may contact us through our published contact form. Consumers may also send contractual notices, complaints and cancellation requests to the email or postal address above.

1.5We will provide our legal name, geographical address, contact details, total price, billing arrangements and other legally required information before a consumer enters into a paid contract.

2. Who these Terms apply to

2.1These Terms apply to:

a.individuals using Pygar for personal purposes;

b.individuals using Pygar in connection with their work or business;

c.organisations purchasing Pygar for employees, workers, contractors or other team members; and

d.Authorised Users who join an Organisation.

2.2In these Terms:

Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.

Individual User means a person who creates or uses a personal Pygar account.

Enterprise Customer means a business or other organisation that sets up an Organisation on the Service or purchases an Enterprise plan.

Organisation means a shared space on the Service, set up by an Enterprise Customer, in which Authorised Users hold the role of owner, admin, manager or member.

Authorised User means an individual who has joined an Organisation by accepting an invitation, or who set it up.

Order Form means an Enterprise order, proposal, statement of work or other ordering document accepted by both parties.

Service means the Pygar website and application, including Difficult Conversation, Meeting Challenge, Assumption Check, People Decision Check and Perspective Engine, the communication colours assessment, Communication Cards, people notes, saved openings, Organisation features and related services.

User Content means information submitted, uploaded or created by a user through the Service, including situations, descriptions, answers, pasted material, attached files and documents, people notes, outcome notes, assessment answers and Communication Cards.

Output means a brief, challenge, updated brief, suggested opening, practice reply, feedback, carried insight, communication colours result or other result produced by the Service.

2.3Clauses that expressly refer to Consumers apply only to Consumers.

2.4Where an Enterprise Customer purchases the Service, the Enterprise Customer is normally the contracting customer. An Authorised User does not become responsible for the Enterprise Customer’s payment obligations merely by accepting an invitation.

2.5An Authorised User keeps their own Pygar account. An Enterprise Customer’s purchase of Enterprise access does not give it ownership of, or access to, an Authorised User’s private User Content.

2.6These Terms are supplemented by:

a.our Privacy Policy;

b.the cookie and browser storage information in our Privacy Policy;

c.any plan description shown at checkout;

d.any accepted Order Form;

e.any Enterprise data processing agreement;

f.any service level agreement expressly agreed in writing; and

g.any additional terms clearly brought to your attention before purchase.

2.7Where documents conflict, the following order applies unless an Order Form expressly says otherwise:

a.the data processing agreement, for personal-data matters;

b.the Order Form, for the relevant Enterprise commercial terms;

c.any service level agreement;

d.these Terms; and

e.other policies referred to in these Terms.

2.8Nothing in this clause excludes information or promises that become legally binding under consumer law.

3. Eligibility and authority

3.1You must be at least 18 years old to create an account or purchase the Service unless we expressly introduce a service for younger users with suitable safeguards. We ask for your date of birth when you create an account, to check this.

3.2By creating an account, you confirm that:

a.the information you provide is accurate;

b.you are legally capable of entering into the contract;

c.you will keep your information reasonably up to date; and

d.you are at least 18 years old.

3.3A person accepting these Terms for an Enterprise Customer confirms that they have authority to bind that organisation.

3.4An Enterprise Customer must ensure that each Authorised User is legally permitted to use the Service and receives appropriate privacy and workplace information before being invited.

3.5We may refuse an application where reasonably necessary to comply with law, sanctions requirements, fraud-prevention obligations, security requirements or Service eligibility rules.

3.6You accept these Terms by ticking the box when you create your account. If we change these Terms in a way that needs your agreement, we will ask you to accept the new version before you continue using the Service.

4. Description of the Service

4.1Pygar provides AI-supported tools that help people prepare for difficult conversations, meetings and decisions involving other people, and check their own reasoning.

4.2Depending on the plan, the Service may include:

a.Difficult Conversation, which helps a user prepare a sensitive one-to-one conversation and practise it;

b.Meeting Challenge, which tests a case before a meeting, can read up to three documents the user attaches, and lets the user rehearse the questions a meeting may raise;

c.Assumption Check, which sorts an account of a situation into what is known, inferred, assumed and unknown;

d.People Decision Check, which examines the evidence, assumptions and consistency behind a judgement about another person, without making the decision;

e.Perspective Engine, which offers one credible alternative way of seeing a situation and what would help tell the two apart;

f.situations, attachments, session history and saved openings;

g.the communication colours assessment and the Communication Card;

h.people notes;

i.Organisation features, including units, roles, manager responsibilities, invitations and a team directory;

j.data export and account deletion; and

k.other functions described on the relevant plan page.

4.3The exact functions, quotas, access period and usage limits included in a purchase will be displayed before payment and confirmed by email or another durable medium.

4.4The Service uses artificial intelligence and third-party language-model providers to process User Content and generate Output.

4.5Pygar’s prompts and the communication colours assessment use fixed, versioned configurations.

4.6The communication colours result is calculated from the user’s answers by fixed scoring rules. Where we describe a result as calculated by fixed rules, that description applies only to the specific function identified.

4.7Language-model-generated wording, briefs, challenges and practice replies may vary between runs, accounts or model versions. We do not represent that all AI-generated wording will be identical for identical inputs.

4.8We will not materially misrepresent the capabilities, accuracy, determinism, validation or intended purpose of the Service.

4.9Paid plans are not on sale yet. Clause 8.13 explains what applies until they are.

4.10Pygar does not read users’ email, chats or other messages, and does not currently connect to calendars. It uses only what a user types, pastes or attaches for a task.

5. AI limitations and human responsibility

5.1The Service is intended to support structured thinking, reflection and human decision-making.

5.2Unless we expressly agree otherwise in writing, the Service does not provide:

a.legal advice;

b.medical or clinical advice;

c.mental-health diagnosis or treatment;

d.financial or investment advice;

e.regulated credit or insurance advice;

f.tax advice;

g.professional psychological assessment, or employment or HR advice;

h.emergency assistance; or

i.a substitute for an appropriately qualified professional.

5.3Output may contain errors, omissions, uncertainty, inappropriate assumptions or information that has become outdated.

5.4Output must be reviewed critically and in context. Users must apply appropriate human judgment and obtain professional advice where the subject carries legal, medical, financial, employment, safety or other significant consequences.

5.5Users must not present Output as independently verified fact unless they have properly verified it.

5.6The Service is not designed to make emergency, life-critical or safety-critical decisions.

5.7These warnings describe the intended scope of the Service. They do not:

a.exclude our duty to perform the Service with reasonable care and skill;

b.permit us to supply digital content that is not of satisfactory quality, fit for purpose or as described;

c.exclude liability that cannot lawfully be excluded; or

d.remove any consumer remedy.

5.8Practice conversations are simulations. When Pygar plays another person, it uses only what the user has supplied. It is not that person and does not predict how they will respond.

5.9People Decision Check does not make, rank or recommend decisions about people. The decision, and its consequences, remain the user’s.

5.10If the safety check stops a request, Pygar will not prepare it. If anyone is in immediate danger, contact the emergency services.

6. Accounts and account security

6.1You may need an account to use some or all of the Service.

6.2You must:

a.use accurate registration information;

b.keep login details confidential;

c.use reasonable security precautions;

d.notify us promptly if you believe an account has been compromised; and

e.ensure that only authorised people use the account.

6.3You must not share an individual account between multiple people.

6.4Enterprise Customers may allocate seats only to their Authorised Users and must manage invitations, removals and access permissions responsibly.

6.5You are responsible for activity carried out through your account where that activity results from your failure to take reasonable security precautions.

6.6You are not responsible for activity caused by our security failure or by circumstances outside your reasonable control.

6.7We may require password resets, two-step verification or other proportionate security measures.

6.8We may contact you using your registered email address about security, billing, account administration, legal notices and material Service changes.

6.9If you sign in with Google, Google’s own terms also apply to that sign-in.

7. Orders and contract formation

7.1Website descriptions and prices are invitations to place an order. They are not, by themselves, acceptance of an order.

7.2Before a Consumer places an order, we will clearly display the information required by law, including:

a.the main characteristics of the Service;

b.our identity and contact details;

c.the total price, including taxes;

d.the billing interval;

e.any minimum commitment;

f.whether the contract renews automatically;

g.how and when to cancel;

h.the length of the contract;

i.relevant technical requirements;

j.relevant compatibility or functionality information;

k.the complaint-handling process; and

l.the statutory cancellation information.

7.3Where payment is required, the final order button or equivalent function will make clear that placing the order creates an obligation to pay.

7.4After an online order, we will send an electronic acknowledgment without undue delay.

7.5A contract is formed when we send an acceptance or activation confirmation, unless the checkout page clearly identifies another acceptance point.

7.6The confirmation will contain or link to these Terms and the other information required by law in a form that the Consumer can save.

7.7If we cannot accept an order, we will tell you and refund any payment taken.

7.8An Enterprise contract is formed when:

a.an Order Form is signed or electronically accepted by both parties;

b.we accept an Enterprise order through an agreed procurement process; or

c.we otherwise confirm in writing that the Enterprise Service has been activated.

7.9For a free account, the contract is formed when you create the account.

8. Plans, prices, taxes and payments

8.1Available plans may include:

a.free access, currently the Free plan;

b.individual subscriptions, currently the Personal and Professional plans;

c.an Enterprise subscription priced per seat; and

d.a separately agreed custom service.

8.2The price, currency, applicable taxes, billing interval and included usage will be shown before purchase.

8.3Prices displayed to UK Consumers will include VAT where legally required.

8.4We will not add mandatory charges at checkout that were not included in the total price displayed at the appropriate point in the purchase process.

8.5Payments may be processed by an independent payment-services provider.

8.6We do not store complete payment-card details where those details are handled by the payment provider.

8.7You authorise us and our payment provider to take the payments clearly disclosed at checkout or in the Order Form.

8.8You must provide a valid payment method and ensure that you are authorised to use it.

8.9If payment fails, we may:

a.notify you;

b.ask you to update the payment method;

c.retry payment where the payment process and applicable rules allow; and

d.suspend paid functions after giving reasonable notice.

8.10We will not charge a default fee, late fee or payment-retry fee unless it was clearly disclosed, reflects a legitimate cost and is lawful.

8.11Enterprise invoices are payable within the period specified in the Order Form. If no period is specified, invoices are payable within 30 days of the invoice date.

8.12Enterprise Customers are responsible for taxes properly chargeable on their purchase, excluding taxes based on our net income.

8.13Paid plans are not on sale yet. Until they are, every account can use all five tools without charge, within hourly and daily limits on AI use, and the plan limits shown on our pricing page do not apply. We will not charge you unless you choose a paid plan.

9. Individual purchases, subscriptions and renewals

9.1The Personal and Professional plans are individual subscriptions, billed monthly or annually. Annual billing costs the same as ten monthly payments.

9.2An individual subscription continues for the billing period shown at checkout and renews automatically for successive billing periods unless cancelled.

9.3Before subscription purchase, we will clearly state:

a.whether billing is monthly, annual or on another basis;

b.the amount and timing of each payment;

c.any introductory or discounted period;

d.when the standard price begins;

e.any minimum term;

f.how renewal works; and

g.how to cancel.

9.4“Cancel at any time” means that you may stop the next renewal at any time. Unless the checkout information says otherwise, cancellation does not retrospectively cancel a billing period that has already begun.

9.5We will provide a straightforward online cancellation route for subscriptions purchased online.

9.6A Consumer may also cancel by sending a clear statement to our published email address or contact form. Use of a particular form of words is not required.

9.7We will send a reminder before:

a.a free or discounted trial changes to a paid subscription; and

b.an annual subscription renews.

9.8The reminder will state the renewal date, the price payable and the cancellation method.

9.9We may change the price of a rolling Consumer subscription by giving at least 30 days’ clear advance notice.

9.10A price increase will not take effect during a fixed prepaid period.

9.11Where a price increase would affect the next renewal, the Consumer may cancel before the increase takes effect.

9.12If we make a material change that significantly reduces a paid Consumer plan during a prepaid period, the Consumer may cancel and receive a proportionate refund for the unused affected period.

9.13When the subscription contract rules in the Digital Markets, Competition and Consumers Act 2024 come into force, we will follow them, including any requirements for reminders, renewal cooling-off periods and cancellation, and we will update these Terms.

10. Consumer cooling-off rights

10.1This clause applies only to Consumers entering into a distance contract.

10.2Subject to the statutory rules and exceptions, a Consumer normally has 14 days from the day after the contract is entered into to cancel without giving a reason.

10.3To cancel, the Consumer must send a clear statement before the cancellation period expires.

10.4A Consumer may use:

a.the online cancellation function;

b.our contact form;

c.our published email address;

d.our postal address; or

e.the model cancellation form at the end of these Terms.

10.5Use of the model form is optional.

Starting services during the cancellation period

10.6Where a Consumer asks us to start an ongoing service during the 14-day cancellation period, we will obtain the Consumer’s express request before starting.

10.7If the Consumer then cancels during the cancellation period, we may deduct or charge a proportionate amount for the service properly supplied before cancellation, but only where the law permits and we gave the required information beforehand.

10.8A Consumer does not lose the cancellation right for an ongoing service merely because performance has begun.

10.9The cancellation right for a service may be lost only where:

a.the service has been fully performed;

b.full performance began following the Consumer’s express request; and

c.the Consumer acknowledged that the cancellation right would be lost once full performance was completed.

Immediate digital content

10.10Where digital content is supplied immediately, the Consumer loses the statutory cancellation right for that digital content once supply begins only if, before supply:

a.the Consumer gave express consent to immediate supply;

b.the Consumer acknowledged that the cancellation right would be lost; and

c.we provided confirmation of that consent and acknowledgment.

10.11Any request for immediate service performance and any consent relating to digital content will be obtained clearly. We will not rely merely on acceptance of these general Terms.

10.12Where a purchase contains both ongoing services and digital content, we will apply the statutory rules to each part appropriately. We will not treat the entire contract as non-cancellable unless the law permits us to do so.

Refunds following statutory cancellation

10.13We will make any refund due following statutory cancellation without undue delay and no later than 14 days after being informed of the cancellation.

10.14The refund will normally be made using the original payment method unless the Consumer expressly agrees otherwise.

10.15We will not charge a refund fee.

10.16Statutory cancellation rights are separate from rights relating to faulty, misdescribed or non-conforming digital content or services.

11. Cancellation after the cooling-off period

11.1A user may stop an individual subscription from renewing at any time.

11.2Unless a different arrangement was clearly stated before purchase:

a.a monthly cancellation takes effect at the end of the current monthly billing period; and

b.an annual cancellation takes effect at the end of the current annual billing period.

11.3Access to paid functions normally continues until the end of the paid billing period.

11.4We do not provide a proportionate change-of-mind refund for an already-started billing period unless:

a.the law requires one;

b.the Service is faulty or materially misdescribed;

c.we fail to provide the Service with reasonable care and skill;

d.we make a material detrimental change;

e.we terminate without fault by the user; or

f.we expressly agree otherwise.

11.5Cancelling renewal does not automatically delete the account.

11.6Before access ends, users should use the available export tools to retain any Output or User Content they wish to keep.

11.7Account cancellation, account deletion and data deletion are separate actions, as explained in clause 22.

12. Enterprise orders and subscriptions

12.1Enterprise Services are supplied under these Terms and the applicable Order Form.

12.2The Order Form will identify:

a.the Enterprise Customer;

b.the number and type of seats;

c.the subscription term;

d.the price;

e.the billing interval;

f.any minimum seat commitment;

g.included usage and quotas;

h.any implementation work;

i.any service levels;

j.the renewal arrangements; and

k.any negotiated terms.

12.3The Enterprise plan requires at least three seats unless the Order Form says otherwise. Any other minimum seat requirement applies only where it is stated in the Order Form or clearly disclosed before purchase.

12.4Any free Account Owner or Manager seat applies only where expressly included in the relevant plan or Order Form.

12.5Enterprise subscriptions renew as stated in the Order Form.

12.6Unless the Order Form states otherwise, either party may stop renewal by giving at least 30 days’ written notice before the end of the current Enterprise term.

12.7Enterprise fees are non-refundable except where:

a.the Order Form says otherwise;

b.we materially breach the contract and do not remedy the breach;

c.we terminate without breach by the Enterprise Customer; or

d.the law requires a refund.

12.8An Enterprise Customer may reassign an unused seat in accordance with the applicable plan rules.

12.9Seat increases, decreases and prorating will be handled as stated in the Order Form or ordering interface.

12.10An Enterprise Customer must not purchase an individual Consumer plan principally to avoid Enterprise pricing or controls.

12.11Enterprise seat prices are graduated. Each band’s price applies only to the seats in that band, so adding a seat never reduces the total. The bands are shown on our pricing page.

13. Enterprise administration and Authorised Users

13.1The Enterprise Customer is responsible for:

a.identifying its Authorised Users;

b.ensuring invitations are sent to the correct people;

c.promptly revoking access when appropriate;

d.maintaining appropriate administrator permissions;

e.providing legally required workplace and privacy information;

f.establishing an appropriate lawful basis for its processing; and

g.using Enterprise information fairly and lawfully.

13.2An invitation link expires seven days after it is created unless it is used first. Owners and admins can see a link until it is used and can replace it with a new one.

13.3Owners and admins may manage invitations, roles, units, manager responsibilities and Organisation settings. Only owners can make someone an admin or owner.

13.4Owners, admins and managers do not receive access to an Authorised User’s situations, sessions, people notes, saved openings, documents or assessment answers because of their role.

13.5When an Authorised User leaves an Organisation:

a.the seat may be released for reassignment;

b.their access to the Organisation’s information ends;

c.they keep their own account and private User Content;

d.the treatment of personal data will follow the Privacy Policy and applicable data processing agreement; and

e.their Communication Card stops being visible to the Organisation.

13.6An Enterprise Customer must not attempt to obtain access by asking users to surrender passwords or bypass platform privacy controls.

13.7Pygar does not send invitations by email. The Enterprise Customer is responsible for sending each invitation link only to the person it is for.

13.8An Organisation always keeps an owner while it has members. If the last owner leaves, the longest-serving admin becomes the owner.

14. Team privacy and employment-use restrictions

14.1An Authorised User’s situations, sessions, people notes, saved openings, documents and assessment answers are private to them. Their Communication Card is private unless they choose to share it with managers or list it in the team directory.

14.2Managers can see only the Cards that people in the units they are responsible for have chosen to share. Pygar does not currently provide team-level reports about members.

14.3Where the Service allows Card sharing:

a.the relevant user controls whether to share;

b.the user may refuse a request;

c.the user may withdraw future access where the product allows; and

d.sharing changes are recorded in the user’s activity records.

14.4An Enterprise Customer must not coerce, disadvantage or retaliate against an Authorised User for refusing optional sharing.

14.5Enterprise Customers and managers must not attempt to re-identify individuals from aggregated information where the Service is intended to provide an aggregate view.

14.6Pygar is a conversation and decision-preparation tool. It is not an employment-performance, recruitment-scoring or disciplinary decision system. Communication colours and Cards describe communication preferences only and must not be used as evidence of ability, conduct, performance or suitability.

14.7An Enterprise Customer must not use the Service or Output as the sole or determinative evidence for:

a.recruitment;

b.shortlisting;

c.hiring;

d.dismissal;

e.redundancy selection;

f.promotion or demotion;

g.disciplinary action;

h.pay or bonus decisions;

i.performance ratings;

j.access to benefits;

k.allocation of materially adverse work conditions; or

l.another decision producing legal or similarly significant effects for an individual.

14.8An Enterprise Customer must not use Pygar Output as a substitute for proper evidence, fair process, meaningful human review or compliance with employment, equality and data-protection law.

14.9The Enterprise Customer must not:

a.infer or attempt to infer protected characteristics unlawfully;

b.use the Service for covert employee surveillance;

c.represent an Output as a clinical or psychological diagnosis;

d.use it to measure whether someone “deserves” employment;

e.use it to circumvent workplace consultation or procedural fairness; or

f.use it in a way likely to result in unlawful discrimination.

14.10Where the Enterprise Customer uses any automated processing in connection with an individual, it is responsible for:

a.determining whether the processing is lawful;

b.providing appropriate transparency;

c.carrying out any required impact assessment;

d.implementing meaningful human involvement;

e.allowing appropriate challenge or review; and

f.monitoring for unfairness and bias.

14.11Serious or repeated breach of this clause is grounds for suspension or termination of the Enterprise licence.

14.12Pygar is not intended to be used to make, or to materially influence, decisions about recruitment, selection, promotion, termination, task allocation, or the monitoring or evaluation of workers’ performance or behaviour. An Enterprise Customer that uses it for such a purpose does so outside its intended purpose and is responsible for any resulting legal obligations, including under the EU Artificial Intelligence Act where it applies.

14.13A manager’s people notes are private to that manager. They must not be presented to anyone as a record of an Authorised User’s conduct or performance.

15. Acceptable use

15.1You must use the Service lawfully and responsibly.

15.2You must not use the Service to create, facilitate or support:

a.unlawful conduct;

b.fraud or deliberate deception;

c.coercion, manipulation or exploitation;

d.harassment, threats or abuse;

e.discrimination prohibited by law;

f.malicious impersonation;

g.infringement of intellectual-property, privacy or confidentiality rights;

h.malware, credential theft or unauthorised access;

i.exploitation or abuse of children or vulnerable people;

j.instructions intended to cause serious physical harm;

k.unlawful surveillance;

l.evasion of legal or regulatory duties; or

m.another activity that creates a serious and unjustified risk of harm.

15.3You must not:

a.interfere with the Service or another user’s access;

b.test or probe security without written permission;

c.bypass usage, safety or access controls;

d.scrape the Service except where we expressly permit it;

e.use automated means that place an unreasonable load on the Service;

f.reverse engineer the Service except to the extent the law expressly permits;

g.extract models, prompts, system instructions, routing rules or proprietary datasets;

h.resell or sublicense the Service unless we agree in writing;

i.misrepresent Output as being produced or endorsed by a human expert;

j.use the Service to make prohibited high-impact decisions;

k.submit information that you have no right to use; or

l.use a practice conversation to impersonate a real person, or present a practice reply as something a real person said.

15.4You must not submit another person’s confidential or personal information unless:

a.you have a lawful basis and appropriate authority;

b.the information is reasonably necessary; and

c.your use complies with applicable privacy and confidentiality duties.

15.5Do not submit health information, biometric information, criminal-offence information or other highly sensitive information unless the relevant feature expressly supports that use and you have a lawful basis.

15.6We may screen inputs or outputs to enforce these rules, protect users, prevent abuse and comply with law.

15.7Screening does not guarantee that all harmful, unlawful or inaccurate content will be identified.

16. User Content

16.1As between you and Pygar, you retain the rights you have in your User Content.

16.2References to “ownership” do not override data-protection law or determine who is a controller or processor of personal data.

16.3You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, structure and process User Content only as reasonably necessary to:

a.provide the Service;

b.generate requested Output;

c.store and organise your account;

d.provide exports;

e.operate agreed team functions;

f.maintain security;

g.prevent abuse;

h.investigate faults;

i.comply with law; and

j.make a Communication Card available to the people its owner chooses to share it with.

16.4This licence ends when the relevant User Content is deleted, except to the extent that:

a.limited retention is legally required;

b.secure backup deletion has not yet completed;

c.the information has been lawfully anonymised; or

d.continued retention is necessary to establish, exercise or defend legal claims.

16.5We do not obtain ownership of User Content merely because it is submitted to the Service.

16.6You confirm that:

a.you have the rights and permissions needed to submit User Content;

b.its use through the Service will not unlawfully infringe another person’s rights; and

c.you will not knowingly submit unlawful content.

16.7You remain responsible for deciding what information to submit and for keeping independent copies of information that is particularly important to you.

16.8If you share your Communication Card, the people you share it with may include it in their own preparations, and a copy is kept with their session even if you later withdraw your Card.

17. Output rights

17.1Subject to payment of applicable charges and any third-party rights, you may use, copy, save, edit and share Output produced for you.

17.2To the extent that we own intellectual-property rights specifically arising in Output produced for you, we assign those rights to you or, where an assignment is not legally effective, grant you a perpetual, worldwide, royalty-free licence to use that Output.

17.3This clause does not transfer ownership of:

a.the Pygar platform;

b.our software;

c.our methodology and prompts;

d.the communication colours model and assessment;

e.our safety rules;

f.our tool designs;

g.templates;

h.branding;

i.underlying models; or

j.material that existed independently of your Output.

17.4AI-generated material may not qualify for intellectual-property protection in every jurisdiction.

17.5Output may not be unique. Other users may receive identical or similar material.

17.6We do not guarantee that Output will be registrable, exclusive or non-infringing.

17.7Before publishing or commercially exploiting Output, you should review it for accuracy, legality, confidentiality, attribution and possible third-party rights.

17.8Sharing an Output does not give the recipient access to private underlying User Content unless you separately share that content.

18. Pygar intellectual property

18.1We and our licensors retain all rights in the Service and its underlying technology.

18.2We grant you a limited, non-exclusive, non-transferable and revocable right to use the Service during the applicable access period in accordance with these Terms.

18.3You may not copy, distribute, sell, rent, sublicense or create a competing service from protected elements of the Service except where we agree in writing or the law permits.

18.4Pygar.AI, associated logos and product names are our marks or the marks of our licensors. No trademark licence is granted except as necessary to identify the Service accurately.

18.5You may give us suggestions or feedback.

18.6You grant us a perpetual, worldwide, royalty-free right to use feedback that does not contain your confidential information or personal data.

18.7We will not treat User Content as product feedback merely because it is submitted through the Service.

19. Third-party providers and integrations

19.1We may use reputable third-party providers for:

a.cloud hosting;

b.account authentication, including Google sign-in;

c.payment processing, once paid plans are on sale;

d.email delivery;

e.security monitoring and bot protection; and

f.AI-model processing.

19.2Current material providers and subprocessors will be identified in our Privacy Policy or Enterprise subprocessor information where legally required.

19.3Third-party AI providers may process User Content to generate requested Output under contractual arrangements with us.

19.4We do not permit User Content, including situations, documents, people notes, assessment answers and Output, to be used to train our generative models or a third party’s generative models.

19.5We remain responsible for our contractual obligations even where we use subcontractors.

19.6The Service may contain links to independent websites or integrations.

19.7An independent third-party service is governed by its own terms and privacy information.

19.8We are not responsible for an independent third-party service that you choose to use, but this does not exclude responsibility for third parties that we appoint to perform our own obligations.

19.9If you connect an AI assistant to the Service, that assistant is an independent third-party service under clause 19.7. It can read only what section 7.7 of our Privacy Policy describes, and you can disconnect it at any time.

20. Binding privacy commitments

20.1The following commitments are binding parts of the contract:

a.we do not sell User Content or personal data;

b.we do not rent User Content or personal data;

c.we do not use User Content to train our generative models;

d.we do not permit third-party model providers to use User Content as their training data;

e.we do not create advertising profiles from User Content or assessment answers;

f.we do not use advertising cookies or cross-site tracking pixels in the Service;

g.we do not read users’ email, chats or other messages;

h.an Enterprise Customer cannot see an Authorised User’s private User Content through the Service; and

i.Pygar support sees User Content only with the user’s permission, except as described in section 8.2 of our Privacy Policy.

20.2We use User Content to provide, secure and administer the Service.

20.3We may use aggregated operational statistics that do not identify a user and do not reproduce User Content to:

a.monitor availability;

b.understand capacity;

c.prevent fraud;

d.measure feature performance; and

e.improve the Service.

20.4We will not describe personal data as anonymised unless the risk of identification has been reduced to the standard required by applicable law.

20.5Situations, sessions, people notes, documents and assessment answers are private, subject to the Communication Card sharing a user chooses, support access a user grants, lawful processing and the Enterprise arrangements in these Terms.

21. Data protection and security

21.1We process personal data in accordance with our Privacy Policy and applicable UK data-protection law.

21.2The Privacy Policy will identify:

a.the relevant controller;

b.the purposes of processing;

c.the lawful bases relied upon;

d.the categories of information collected;

e.recipients and subprocessors;

f.international transfers;

g.retention periods;

h.individual rights;

i.complaint routes; and

j.relevant profiling or automated processing.

21.3For personal accounts, Pygar will normally act as controller of account and service personal data.

21.4For Enterprise Services, the respective controller and processor roles will be set out in the applicable data processing agreement or Privacy Policy.

21.5An Enterprise Customer may be an independent controller of personal data it obtains or uses through the Enterprise Service.

21.6User Content is stored in the data region identified in our current Privacy Policy.

21.7As at the effective date of these Terms, the database, sign-in accounts and uploaded files (situations, people notes, Cards, tool results and attachments) are stored in Lovable Cloud, hosted on Amazon Web Services in Ireland (EU, eu-west-1).

21.8We will not materially change the primary data region without:

a.appropriate legal safeguards;

b.updating the relevant privacy information; and

c.giving notice where the change materially affects users.

21.9We use appropriate technical and organisational measures designed to protect personal data, including encryption in transit and provider-managed encryption at rest.

21.10No online service can guarantee absolute security. We will not make misleading claims that the Service is risk-free or uses zero-knowledge encryption where it does not.

21.11We will notify affected users and regulators of a personal-data breach where required by law.

21.12Users may exercise applicable data rights through the account controls or the contact details in our Privacy Policy.

21.13A user may complain to the UK Information Commission (ICO). We encourage users to contact us first so that we have an opportunity to investigate.

21.14Enterprise Customers must enter into our data processing agreement where required.

22. Data export, retention and deletion

22.1Users may export supported account information through the available account controls.

22.2Depending on the product, an export may include:

a.situations and the people involved;

b.sessions, briefs, challenges and practice;

c.the text of attached documents;

d.people notes;

e.saved openings;

f.the Communication Card and assessment answers;

g.Organisation memberships, units and manager responsibilities;

h.support permissions and the record of support views;

i.AI usage records and activity records;

j.a list of uploaded files; and

k.related account information.

22.3The export is a JSON file. Uploaded files are listed in it and can be downloaded from their situation.

Cancellation retention

22.4Cancelling a subscription does not itself amount to an immediate deletion request.

22.5When a paid subscription ends, the account continues on the Free plan and its User Content stays in it until the user deletes it.

22.6Ending a subscription does not delete User Content, and the user can still export it.

Account deletion

22.7A user may request account deletion through the available account controls or by contacting us.

22.8An account is deleted 30 days after the user asks. Until then the account works as normal, except that a paid subscription will not renew, and if its renewal date falls within the 30 days the account moves to the Free plan from that date. We email the user when the request is made and 5 days before the deletion. The user can cancel the request from the account controls at any time before the deletion. Once an account has been deleted, the deletion cannot be undone.

22.9A user who is the only owner of an Organisation that has other members and no admin will be asked to make another member an owner or admin first, and the deletion waits until they have.

22.10Deletion removes the user’s private records and stored files from Pygar’s live systems and deletes any Organisation of which the user was the only member.

22.11Secure backup copies may remain temporarily until overwritten through the ordinary protected backup cycle.

22.12Backup information retained temporarily:

a.will be isolated from ordinary use;

b.will not be restored except for legitimate disaster recovery, security or legal purposes; and

c.will be deleted in accordance with the retention period stated in the Privacy Policy.

22.13We may retain limited information where reasonably necessary to:

a.comply with tax, accounting or legal obligations;

b.prevent fraud or abuse;

c.document consent or contractual transactions;

d.resolve disputes; or

e.establish, exercise or defend legal claims.

22.14Information retained for those purposes will not be used to continue ordinary Service profiling or reasoning.

22.15Enterprise retention may be governed by an Order Form or data processing agreement.

22.16Ending an Authorised User’s Enterprise access does not necessarily require deletion of every record held by the Enterprise Customer as an independent controller.

23. Availability, usage limits and changes

23.1We will provide paid services with reasonable care and skill.

23.2We aim to keep the Service available but do not promise uninterrupted or error-free operation.

23.3The Service may be temporarily unavailable because of:

a.maintenance;

b.security updates;

c.provider outages;

d.capacity limits;

e.internet or infrastructure failures;

f.emergency work; or

g.circumstances outside our reasonable control.

23.4Where reasonably possible, we will give advance notice of planned maintenance likely to cause material interruption.

23.5Plans may include limits on:

a.preparations;

b.the tools available;

c.challenges and practice;

d.documents for each Meeting Challenge;

e.people notes;

f.seats; or

g.AI use in an hour or a day.

23.6Usage limits will be disclosed before purchase or in the relevant plan description.

23.7We may introduce reasonable safeguards to prevent excessive, automated or abusive use. These currently include hourly and daily limits on AI use and limits on how often some actions can be repeated.

23.8We may update the Service to:

a.improve functionality;

b.correct defects;

c.address security issues;

d.comply with law;

e.replace third-party technology;

f.manage capacity; or

g.develop new features.

23.9Changes to the communication colours assessment are versioned, so that a user always sees the questions that produced their result.

23.10A completed session keeps the information it was prepared from and the prompt version used, even if Pygar’s prompts later change.

23.11We may change the AI models or providers we use. We will give notice where a change materially affects privacy, core functionality or a paid contractual commitment.

23.12We will give Consumers reasonable advance notice of a materially detrimental change to a paid Service unless an immediate change is necessary for security, safety or legal compliance.

23.13Where a materially detrimental change affects a prepaid Consumer period, the Consumer may cancel and receive a proportionate refund for the unused affected period.

23.14Beta, preview or experimental functions will be clearly identified where appropriate. They may be changed or withdrawn, but they remain subject to rights that cannot lawfully be excluded.

Changes to these Terms

23.15We may update these Terms for legal, security, technical or commercial reasons.

23.16We will not apply a material change retrospectively to deprive a Consumer of an accrued right.

23.17We will give reasonable advance notice of material changes affecting a paid subscription.

23.18Where a change materially disadvantages a Consumer, the Consumer may cancel before it takes effect.

23.19An Enterprise contract may be changed only as permitted by these Terms, an Order Form or a written agreement between the parties.

24. Suspension and termination

24.1We may suspend some or all access where reasonably necessary because:

a.payment is overdue;

b.an account appears compromised;

c.there is a serious security risk;

d.use breaches clause 14 or clause 15;

e.use creates an imminent risk of harm;

f.suspension is required by law or a competent authority;

g.use infringes another person’s rights; or

h.continued use threatens the Service or other users.

24.2Except in urgent cases, we will:

a.explain the reason for suspension;

b.give reasonable notice;

c.allow a reasonable opportunity to remedy a remediable breach; and

d.provide a route to challenge a mistaken suspension.

24.3We may act without advance notice where necessary to prevent serious harm, fraud, unlawful activity, security compromise or legal breach.

24.4Suspension does not automatically delete User Content or remove statutory rights.

24.5We will restore access when the reason for suspension has been resolved, where restoration is reasonable and lawful.

24.6A Consumer may terminate as described in clauses 10 and 11.

24.7We may terminate a Consumer contract where:

a.the Consumer commits a serious breach;

b.a remediable breach is not corrected after reasonable notice;

c.continued provision is unlawful;

d.the Service is permanently discontinued; or

e.we have another fair and proportionate reason clearly explained to the Consumer.

24.8If we terminate a paid Consumer contract without breach by the Consumer, we will refund the proportion of prepaid fees covering the unused period.

24.9Either party may terminate an Enterprise contract for a material breach that is not remedied within 30 days after written notice.

24.10A party may terminate an Enterprise contract immediately where the other party:

a.commits a material breach that cannot reasonably be remedied;

b.commits fraud;

c.seriously misuses personal data or the Service; or

d.becomes insolvent, subject to applicable insolvency law.

24.11Termination does not affect rights and liabilities that accrued before termination.

24.12Provisions intended to continue, including confidentiality, intellectual property, payment, data-handling, liability and dispute provisions, will survive termination.

24.13Where reasonably possible, we will provide a limited period for data export following termination, unless access must be prevented for security, legal or serious misuse reasons.

25. Consumer standards and remedies

25.1This clause applies to Consumers.

25.2The Consumer Rights Act 2015 gives Consumers legal rights that cannot be excluded by these Terms.

Digital content

25.3Paid digital content must be:

a.of satisfactory quality;

b.fit for a particular purpose made known to us where the law applies; and

c.as described.

25.4Where paid digital content does not conform, the Consumer may be entitled to:

a.repair or replacement within a reasonable time and without significant inconvenience; or

b.an appropriate price reduction where repair or replacement is impossible, unsuccessful or not provided properly.

25.5The price reduction may be up to the full price where appropriate.

25.6Where defective digital content supplied by us damages a Consumer’s device or other digital content, and the damage results from our failure to exercise reasonable care and skill, the Consumer may be entitled to repair or compensation.

Services

25.7We must perform services with reasonable care and skill.

25.8Information about us or the Service that the Consumer takes into account may become contractually binding where the law provides.

25.9Where no performance time is agreed, we must perform within a reasonable time.

25.10If a service does not conform, the Consumer may be entitled to:

a.repeat performance within a reasonable time and without significant inconvenience; or

b.an appropriate price reduction where repeat performance is impossible or is not provided properly.

General

25.11Remedies will be provided without charging the Consumer costs that the law requires us to bear.

25.12A disclaimer about AI accuracy or professional advice does not remove these statutory standards.

25.13To report a fault, the Consumer should provide:

a.their account email;

b.the relevant purchase or subscription;

c.a description of the problem;

d.the date it occurred; and

e.available screenshots or error information.

25.14Failure to provide every item above does not remove a statutory right.

26. Liability

Liability to Consumers

26.1Nothing in these Terms excludes or limits liability for:

a.death or personal injury caused by negligence;

b.fraud or fraudulent misrepresentation;

c.breach of rights that cannot lawfully be excluded;

d.liability for defective digital content where the law prevents exclusion; or

e.any other liability that cannot legally be limited.

26.2We are responsible for loss or damage suffered by a Consumer that is a foreseeable result of our breach of contract or failure to use reasonable care and skill.

26.3Loss is foreseeable where it was obvious that it would happen or where both parties knew, when the contract was made, that it might happen.

26.4We are not responsible for loss caused solely by:

a.use of the Service outside its stated purpose;

b.failure to follow clear instructions or warnings;

c.materially inaccurate or unlawful information supplied by the user;

d.an independent third-party service chosen by the user; or

e.circumstances outside our reasonable control where we took reasonable steps to minimise the effect.

26.5Where a Consumer uses the Service wholly or mainly for personal purposes, we are not responsible for business losses such as loss of profit, revenue or business opportunity.

26.6This clause does not prevent a Consumer recovering a remedy available under applicable consumer law.

Liability to Enterprise Customers and business users

26.7Clauses 26.7 to 26.16 apply only where the customer is acting wholly for business purposes.

26.8Nothing excludes or limits liability for:

a.death or personal injury caused by negligence;

b.fraud or fraudulent misrepresentation;

c.deliberate breach intended to cause loss;

d.breach of a liability that cannot lawfully be excluded; or

e.payment obligations properly due under the contract.

26.9Subject to clause 26.8, neither party is liable for:

a.indirect or consequential loss;

b.loss of anticipated profit;

c.loss of revenue;

d.loss of anticipated savings;

e.loss of goodwill;

f.loss of business opportunity; or

g.loss arising from decisions made without appropriate human review.

26.10The exclusions in clause 26.9 do not apply to losses that are direct and reasonably foreseeable in the particular circumstances.

26.11Subject to clauses 26.8 and 26.12, our total aggregate liability arising in any 12-month period will not exceed the fees paid or payable by the Enterprise Customer for the Service during the 12 months immediately preceding the event giving rise to the claim.

26.12Our total aggregate liability for breach of confidentiality or applicable data-protection obligations will not exceed twice the amount described in clause 26.11, unless the Order Form states another amount.

26.13The Enterprise Customer is responsible for:

a.its business and employment decisions;

b.its lawful basis for processing;

c.its communications to staff;

d.meaningful human review;

e.verifying Output before relying on it; and

f.compliance with laws applicable to its use.

26.14We do not warrant that the Service will achieve a particular commercial, staffing, cultural, financial or organisational outcome.

26.15Each party must take reasonable steps to mitigate losses.

26.16Any different negotiated liability cap in an Order Form will prevail for that Enterprise contract.

Events outside reasonable control

26.17Neither party is liable for delay caused by an event outside its reasonable control where it:

a.could not reasonably have prevented the event;

b.notifies the other party where reasonably possible; and

c.takes reasonable steps to minimise disruption.

26.18This clause does not excuse payment already due.

26.19If a Consumer’s paid Service is materially unavailable for more than 30 consecutive days because of such an event, the Consumer may cancel and receive a proportionate refund for the unused period.

27. Complaints, disputes and general legal terms

Complaints

27.1Complaints may be submitted through:

Email: admin (at) pygar.ai

Contact form: https://pygar.ai/contact

Post: Suite 33 Acorn Mill, Lees, Oldham, OL4 3DH

27.2Please include sufficient information for us to identify the account and understand the complaint.

27.3We will investigate complaints fairly and within a reasonable time.

27.4Our final response will explain:

a.our decision;

b.any remedy offered;

c.any further information needed; and

d.available escalation options.

Alternative dispute resolution

27.5Where a Consumer complaint cannot be resolved, we will provide the alternative dispute resolution information required by applicable UK law.

27.6Our nominated ADR entity is:

ADR entity: Dispute Resolutions Ombudsman

Website: https://www.disputeresolutionombudsman.org/

27.7We will state whether we are required or prepared to participate in the identified ADR process.

27.8Nothing in this clause prevents a Consumer from seeking independent advice or bringing a court claim.

Governing law and courts

27.9These Terms are governed by the law of England and Wales.

27.10A Consumer living in:

a.England or Wales may bring proceedings in the courts of England and Wales;

b.Scotland may bring proceedings in the Scottish courts or other courts available under applicable law; and

c.Northern Ireland may bring proceedings in the Northern Irish courts or other courts available under applicable law.

27.11A Consumer living outside the UK retains any mandatory protection that applicable law does not allow these Terms to remove.

27.12Enterprise disputes are subject to the exclusive jurisdiction of the courts of England and Wales unless the Order Form states otherwise.

Notices

27.13We may send notices to the email address registered to the account or through a prominent account notification.

27.14A notice is treated as received when it would ordinarily become accessible, unless the sender knows it was not delivered.

27.15Consumers may send cancellation notices using any method permitted by clause 10 or clause 11.

Assignment

27.16A Consumer may not transfer the contract without our consent, but we will not unreasonably refuse a request.

27.17We may transfer our rights and obligations as part of a genuine business sale, restructuring or transfer, provided that:

a.we notify affected users;

b.the transfer does not reduce Consumer rights; and

c.the recipient is capable of performing the obligations.

27.18An Enterprise Customer may not assign the contract without our written consent, not to be unreasonably withheld, except to an affiliate or as part of a genuine corporate reorganisation or business sale.

Entire agreement

27.19For Enterprise Customers, these Terms and the documents identified in clause 2 contain the entire agreement concerning the Service.

27.20Clause 27.19 does not exclude liability for fraud or prevent information from becoming binding where the law provides.

27.21For Consumers, nothing in an entire-agreement provision excludes pre-contract information or statements that consumer law makes binding.

Severability and waiver

27.22If a provision is unlawful or unenforceable, it will be treated as modified to the minimum extent necessary or, if that is not possible, removed.

27.23The remaining provisions will continue to apply.

27.24A delay in enforcing a right does not waive that right.

Third-party rights

27.25Except where expressly stated, a person who is not a party to the contract has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

27.26Clause 27.25 does not affect an individual’s independent rights under data-protection, consumer, employment or other applicable law.

Interpretation

27.27Headings are for convenience and do not change the meaning of these Terms.

27.28“Including” means “including without limitation”.

27.29A reference to legislation includes amendments, replacements and subordinate legislation in force from time to time.

27.30Where a Consumer term could have more than one meaning, the meaning most favourable to the Consumer will apply where required by law.

Schedule 1: Consumer cancellation instructions

Right to cancel

You normally have the right to cancel an eligible distance contract within 14 days without giving a reason.

The cancellation period expires 14 days after the day on which the contract was entered into.

To exercise the right to cancel, tell us clearly that you have decided to cancel.

You may contact us at:

Pygar legal entity: Pygar AI Technologies Ltd

Postal address: Suite 33 Acorn Mill, Lees, Oldham, OL4 3DH

Email: admin (at) pygar.ai

Online form: https://pygar.ai/contact

You may use the model form below, but you do not have to.

To meet the deadline, it is enough to send the cancellation notice before the 14-day period expires.

Effects of cancellation

Where cancellation is valid, we will refund payments due under the applicable law without undue delay and no later than 14 days after receiving the cancellation notice.

We will normally use the original payment method and will not charge a refund fee.

Where you expressly requested that an ongoing service begin during the cancellation period, we may charge a proportionate amount for service supplied before cancellation where the law permits.

Where digital content was supplied immediately, the cancellation right for that digital content is lost only where the statutory consent, acknowledgment and confirmation requirements were completed before supply began.

Schedule 2: Model cancellation form

Complete and return this form only if you wish to use it.

To:

Pygar AI Technologies Ltd

Suite 33 Acorn Mill, Lees, Oldham, OL4 3DH

I give notice that I cancel my contract for the following service or digital content:

[DESCRIPTION OF PURCHASE]

Ordered on:

[DATE]

Name of consumer:

[NAME]

Address of consumer:

[ADDRESS]

Account email:

[EMAIL]

Signature of consumer, only if this form is sent on paper:

[SIGNATURE]

Date:

[DATE]