Terms of Service

01About these terms

These Terms of Service (the "Terms") govern your access to and use of EyeCaptain, including the website at https://eyecaptain.io, the web application, reports, share links, embeds, exports and any related services (together, the "Service").

The Service is provided by Anvilfy Ltd, a company registered in England and Wales under company number 17352045, with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom ("EyeCaptain", "we", "us", "our"). We are not registered for VAT.

By creating an account, starting an analysis (including the free audit) or otherwise using the Service, you agree to these Terms. If you use the Service on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation.

You must be at least 18 years old to use the Service.

Our Privacy Policy explains how we handle personal data, and our Cookie Policy explains how we use cookies. Where we process personal data on your behalf, our Data Processing Addendum forms part of these Terms.

02Business customers and consumers

The Service is designed and marketed for business and professional use. If you use it for purposes relating to your trade, business, craft or profession, you are a business customer and the whole of these Terms applies to you.

If you are an individual acting wholly or mainly outside your trade, business, craft or profession, you are a consumer. Nothing in these Terms removes or limits rights you have as a consumer under the law of the country where you live, including the Consumer Rights Act 2015 in the UK and the consumer protection rules of the EU member state where you live. Where these Terms say "business customers only", that part does not apply to consumers.

03The Service

EyeCaptain analyses web pages you point it to and produces reports. Depending on your plan, the Service includes conversion rate optimisation (CRO) analysis, predictive attention heatmaps, content analysis, technical audits, competitor comparisons, share links, embeds, PDF exports, team workspaces and white-label branding.

To produce a report we load the page in an automated browser on desktop and mobile, take screenshots, read the page content and structure, may read other public pages of the same website for context, and use artificial intelligence models to interpret the results.

We continuously improve the Service. We may add, change or remove features. If we remove a feature that is a material part of a paid plan you are subscribed to, we will tell you in advance and, if you are a business customer who is materially disadvantaged, you may cancel and receive a pro rata refund of prepaid fees for the unused period.

We aim to keep the Service available at all times but do not guarantee uninterrupted availability. Maintenance, third-party outages and events outside our control may affect it.

04AI-generated reports

Reports are produced with the help of AI models and automated measurements. They may contain mistakes, omissions or findings that do not apply to your situation. Predictive heatmaps are estimates of visual attention, not recordings of real visitors.

Reports are recommendations to help you decide what to change or test. They are not professional, legal, financial or accessibility compliance advice, and we do not guarantee any particular result, including any increase in conversions, revenue or search rankings. Any figures such as scores, revenue estimates or expected lifts are illustrative.

You are responsible for reviewing recommendations before acting on them and for the changes you make to your website.

05Your account

You must give accurate information when you register and keep it up to date. You are responsible for keeping your login details secure and for all activity under your account. Tell us promptly at hello@eyecaptain.io if you think your account has been accessed without permission.

If your plan includes a team workspace, the account owner decides who is invited, what role they have and when their access ends, and is responsible for their use of the Service.

06Free audit and free credits

We may offer a free audit, free credits on signup, trials, promotional codes or referral rewards. These are offered at our discretion, may be limited per person, email address, device or organisation, and may be changed or withdrawn at any time.

Free and promotional credits have no cash value, cannot be transferred or exchanged, and may expire on the date stated when they are given. We may cancel free or promotional credits obtained through abuse, duplicate accounts or self-referral.

To run the free audit without an account you give us your email address. We use it to send you your report and, only if you opt in, our newsletter. See the Privacy Policy.

07Plans, credits and payment

Analyses use credits. The number of credits an analysis costs is shown before you start it. Credits are deducted when the analysis starts. If an analysis fails because of a fault on our side, we return the credits.

• Subscriptions are billed in advance, monthly or for another period shown at checkout, and renew automatically at the end of each period at the price then in effect until you cancel. Subscription credits are added each billing period and unused subscription credits do not carry over unless your plan says otherwise.
• Pay As You Go credit packs are paid once. Their credits do not expire while your account is open.
• Trials: if you start a trial that requires a payment method, your subscription starts and you are charged automatically when the trial ends unless you cancel before then. We remind you before the first charge where the law requires it.

Payments are processed by our payment provider, Stripe. We do not store your full card details. Prices are shown before you pay. We are not currently registered for VAT, so we do not charge VAT and the price you see is the price you pay. If we register for VAT in future, we will tell you at least 30 days before VAT is added to renewals; business customers are responsible for any taxes they must account for in their own country (for example under reverse charge).

We may change our prices. For subscriptions, a price change applies from your next renewal and we will tell you at least 30 days in advance, so you can cancel before it takes effect.

If a payment fails, we may retry it, suspend paid features or downgrade your plan until payment succeeds. Business customers must pay undisputed invoices by their due date.

08Cancellation, refunds and your right to cancel

You can cancel a subscription at any time in your account settings. Cancellation takes effect at the end of the current billing period; you keep access until then. Except as set out in this section or required by law, fees already paid are not refundable, and unused subscription credits end when the subscription ends.

Consumers in the UK and EU normally have 14 days from purchase to cancel a contract for digital content or digital services. When you buy, we ask you to agree that we start providing the Service immediately. If you give that request:

• for credit packs and reports (digital content), you acknowledge that you lose the right to cancel once an analysis using those credits has started;
• for a subscription (a digital service), you can still cancel within 14 days, but we may deduct an amount proportionate to what you used before you told us you wanted to cancel, including credits you have spent.

To exercise a right to cancel, email hello@eyecaptain.io with your account email and the purchase you want to cancel. We will refund what is due within 14 days of your request, to the original payment method.

If the Service is faulty, consumers also have the remedies the law gives them for faulty digital content and services.

09Acceptable use

You may only submit URLs and content that you own, that you are authorised by the owner to analyse, or that are publicly available without logging in. Comparing your page with competitors' publicly available pages is a permitted use of the Service.

You must not:

• use the Service in breach of any law, including data protection, intellectual property, consumer protection or computer misuse laws;
• submit pages behind a login, paywall or access control you are not authorised to bypass, or give us credentials for systems you are not entitled to share;
• use the Service to attack, overload, scrape at scale or probe the security of any website, or to find vulnerabilities to exploit;
• submit content that is unlawful, infringing, defamatory, or that sexualises or harms children;
• resell, sublicense or provide the Service to third parties as a standalone service, except as a white-label agency delivering reports to your own clients within your plan;
• copy, reverse engineer, decompile or attempt to extract the source code, models, prompts or underlying methods of the Service, except where the law allows it;
• use the Service or its outputs to build a competing product, or use automated means to access the Service other than through features we provide;
• create multiple accounts or use false details to obtain free audits, credits, trials or referral rewards;
• interfere with or disrupt the Service or other users.

We may suspend or limit an analysis, a share link or your account if we reasonably believe you are breaching this section, and we will tell you why unless the law or a security reason prevents it.

10Your content and our licence to use it

"Your Content" means the URLs, pages, text, images, brand assets, settings and other material you submit or that we capture from pages you ask us to analyse, and the reports generated for you. As between you and us, you keep all rights you have in Your Content.

You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, analyse and display Your Content only as needed to provide, secure and support the Service for you, to comply with law, and to improve the Service in ways that do not disclose Your Content or identify you to others.

We do not sell Your Content. We do not use Your Content to train third-party AI models, and we instruct our AI providers accordingly where they offer that option. We may use aggregated, de-identified statistics (for example, average scores by page type) to improve the Service and in our marketing.

You confirm that you have the rights needed to submit Your Content and that our processing of it as described in these Terms will not infringe anyone's rights.

11Share links, embeds and white label

Share links and embeds let anyone who has the link see the report, including screenshots of the analysed page. You decide whether to create them and who receives them, and you can revoke them in the app. We are not responsible for what third parties do with reports you share.

If your plan includes white label, you may present reports under your own brand to your clients. You are responsible for your contracts with your clients, for the accuracy of anything you add, and for having the right to use the logos and brand assets you upload.

12Our intellectual property

The Service, including its software, design, methods, scoring, prompts, text, graphics and the EyeCaptain name and logo, belongs to Anvilfy Ltd or its licensors. We give you a non-exclusive, non-transferable right to use the Service for your internal business purposes (or, for agencies, to deliver reports to your clients) during your subscription or while your credits are valid.

Subject to these Terms and payment of any fees, you may use, copy and share the reports generated for you, including with your clients. Our branding must not be removed from reports unless your plan includes white label.

If you send us feedback or ideas, we may use them without obligation to you.

13Third-party services

The Service relies on third-party providers, for example for hosting, payments, email and AI models. A current list is on our Sub-processors page. Integrations you choose to connect (for example Google sign-in or Google Search Console) are also governed by the third party's own terms.

14Privacy and data protection

We handle personal data about you as a controller as described in our Privacy Policy. Pages you ask us to analyse may contain personal data about other people. Where we process that data on your behalf, we act as your processor under the Data Processing Addendum, which forms part of these Terms for business customers.

15Suspension and termination

You may stop using the Service and close your account at any time in your settings or by emailing us.

We may suspend or end your access, with notice where reasonable, if you materially breach these Terms and do not fix the breach within 14 days of our notice (or immediately if it cannot be fixed or involves unlawful activity, security risk or abuse), if you do not pay, or if we have to because of law or a court or regulator. We may also end the Service for everyone, or end a free account, on at least 30 days' notice; if you have a paid subscription, we will refund prepaid fees for the unused period.

When your account ends, your right to use the Service ends. We delete Your Content as described in the Privacy Policy. You can export reports before closing your account. Sections that by their nature should continue (including payment obligations, intellectual property, liability and governing law) survive.

16Our responsibility for the Service

We will provide the Service with reasonable care and skill. For business customers, except as expressly set out in these Terms, the Service is provided "as is" and "as available", and we exclude all other warranties, conditions and terms implied by statute, common law or otherwise, to the fullest extent the law allows, including as to fitness for a particular purpose and that the Service will be error-free or uninterrupted.

17Limitation of liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

Business customers only. Subject to the paragraph above:

• we are not liable for any loss of profits, revenue, sales, business, contracts, anticipated savings, goodwill or data, or for any indirect or consequential loss, whether in contract, tort (including negligence), breach of statutory duty or otherwise;
• our total liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of the fees you paid us in that period and £100.

Consumers. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. We only supply the Service for domestic and private use as a consumer; if you use it for business purposes the business terms apply.

We are not responsible for delays or failures caused by events outside our reasonable control, including outages of third-party providers, internet failures, strikes, natural events or acts of government.

18Your responsibility to us (business customers)

If you are a business customer, you will compensate us for reasonable losses, costs and expenses (including reasonable legal fees) arising from a third-party claim that Your Content, or your use of the Service in breach of these Terms or the law, infringes that third party's rights or breaks the law.

19Changes to these terms

We may update these Terms, for example to reflect changes to the Service or the law. For material changes we will give you at least 30 days' notice by email or in the app before they take effect. If you do not agree, you may cancel before the change takes effect; if you are a business customer on a prepaid plan and the change materially disadvantages you, we will refund prepaid fees for the unused period. Continuing to use the Service after the change takes effect means you accept the new Terms.

20General

• Entire agreement. These Terms, together with the documents they refer to and any order form we agree in writing, are the whole agreement between us about the Service. For business customers, they replace any earlier agreement or statement about the same subject.
• Transfer. We may transfer our rights and obligations under these Terms to another organisation, for example if our business is sold, and will tell you if this happens. You may not transfer your rights without our written consent.
• Severability. If a court finds part of these Terms unlawful, the rest stays in force.
• No waiver. If we delay enforcing these Terms, we can still enforce them later.
• Third parties. Nobody other than you and us has rights under these Terms, and the Contracts (Rights of Third Parties) Act 1999 does not apply.
• Notices. We send notices to the email address on your account. You send notices to hello@eyecaptain.io.
• Language. These Terms are written in English. If we provide a translation, the English version prevails to the extent the law allows.

21Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the law of England and Wales.

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

Consumers: you may bring proceedings in the courts of England and Wales or, if you live in Scotland, Northern Ireland or an EU member state, in the courts of the place where you live, and you keep the protection of the mandatory consumer laws of that place.

Please contact us first at hello@eyecaptain.io so we can try to resolve any complaint informally.

22Contact

Anvilfy Ltd, trading as EyeCaptain. Registered in England and Wales, company number 17352045. Registered office: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. We are not registered for VAT.

Email: hello@eyecaptain.io, for general enquiries, billing and legal notices.