Digenio AI — Terms of Service

Last updated: 12 October 2026 · Version 1.0

1. About these Terms

1.1 These Terms of Service (the Terms) govern access to and use of the Digenio AI platform at digenio.ai (the Service). The Service is provided by Digenio Tech Ltd, a company registered in England and Wales under company number 13567695, whose registered office is at 12, 50 Burr Road, London, England, SW18 4SS (Digenio, we, us, our).

1.2 These Terms form a binding contract between Digenio and the business that creates an account or subscribes to the Service (the Customer, you). The individual accepting these Terms confirms that they have authority to bind the Customer.

1.3 The Service is offered to businesses only. It is not offered to consumers.

1.4 These Terms include Schedule 1 (Pricing), Schedule 2 (Acceptable Use Policy) and Annex A (Data Processing Agreement). If there is a conflict, Annex A prevails on data protection matters; otherwise these Terms prevail.

2. Definitions

In these Terms:

• Account means the account registered for the Service, owned by the user who created it or subscribes (the Account Owner).
• Authorised Users means individuals the Customer permits to access the Service under its Account, including users of other companies or installations covered by the Customer’s subscription.
• Customer Data means data submitted to or collected by the Service for the Customer, including data collected through the Tracking Snippet, form submissions (Leads), Ideal Customer Profile (ICP) information and AI Agent content.
• Outputs means results the Service generates from Customer Data, including lead scores, bands, reports, dashboards, heatmaps and AI-generated content.
• Tracking Snippet means the JavaScript code we provide for installation on Customer Websites.
• Customer Website means a website on which the Customer installs the Tracking Snippet.
• Subscription Period means the monthly or annual billing period of the Customer’s subscription.
• BYOK Provider means a third-party AI provider whose API key the Customer connects to the Service (“bring your own key”).

3. Eligibility and accounts

3.1 To use the Service you must be a business (including a sole trader acting for business purposes) established in the United Kingdom, the European Union or the United States, and you must provide accurate registration details.

3.2 Customers established in the European Union should provide their VAT identification number, if they have one, which we will verify. If you do not provide a valid VAT identification number, we will charge VAT at the rate applicable in your country (see clause 5.5). You must keep your billing country and VAT details accurate and up to date. We may refuse or suspend an Account if business status cannot be verified.

3.3 You are responsible for all activity under your Account, for keeping login credentials secure, and for ensuring Authorised Users comply with these Terms. Tell us promptly at hello@digenio.ai if you suspect unauthorised access.

3.4 Access extended to other companies or installations under your subscription depends on your subscription remaining active.

4. Free trial

4.1 New Customers may receive one free trial of 14 days. No payment card is required. Only one trial is available per Customer.

4.2 At the end of the trial, the trial does not convert into a paid subscription automatically. Access to paid features stops until you subscribe.

4.3 Some features (including heatmaps) may not be available during the trial. The trial is provided “as is” and clause 15 applies.

5. Subscriptions, fees and payment

5.1 Plans, add-ons and fees are set out in Schedule 1 and on the pricing page at the time of purchase.

5.2 Subscriptions are billed in advance, monthly or annually, and renew automatically for successive Subscription Periods of the same length until cancelled under clause 18.

5.3 Fees are charged in pounds sterling (£) for Customers in the United Kingdom, euros (€) for Customers in the European Union, and US dollars (US$) for Customers in the United States and elsewhere, based on your billing country. The currency is set when you first subscribe and stays the same for that subscription.

5.4 Payments are processed by Stripe. Card data is entered directly with Stripe and is not stored on our servers. By subscribing you authorise recurring charges to your payment method.

5.5 All fees are exclusive of VAT, sales tax and other applicable taxes. Where we are required by law to charge such taxes, they will be added to the invoice at the rate applicable in your country, based on the billing information you provide. In particular: (a) if you are established in the European Union and provide a valid VAT identification number, we will not charge VAT and you are responsible for accounting for it under the reverse-charge mechanism; (b) if you are established in the European Union and do not provide a valid VAT identification number, we will charge VAT at the rate of your country; (c) if you are established in the United Kingdom, UK VAT will be charged where applicable. If you give us inaccurate billing or VAT information, you are responsible for any resulting tax, interest and penalties.

5.6 Adding website or heatmap slots takes effect immediately and is charged pro rata for the rest of the Subscription Period. Reductions take effect according to the billing system’s proration rules and features linked to removed slots stop immediately.

5.7 If a payment fails, our payment provider will retry it. While payment is overdue, paid features may be suspended. If payment is not made by the end of the retry period, the subscription may be cancelled.

5.8 Discount and promotion codes apply only as stated when issued. Custom plans may be agreed in writing; these Terms apply unless that agreement says otherwise.

6. Changes to prices and to these Terms

6.1 Price changes. We may change our fees by giving at least 30 days’ notice by email and in the Service. A price change applies from your next renewal date after the notice period ends. Annual subscriptions keep their current price until their renewal date. If you do not agree, you may cancel before the change takes effect.

6.2 Material changes to the Terms. We will give at least 30 days’ notice by email and in the Service of changes that materially affect your rights. You may cancel before the change takes effect, without charge for the period after the change. Continued use after the effective date means you accept the change.

6.3 Other changes. Changes that are not material, or that are required by law or to address security, take effect when published, with the “last updated” date revised.

7. The Service, changes and support

7.1 We will provide the Service with reasonable skill and care, substantially as described in our documentation.

7.2 We continuously improve the Service and may change, replace or remove features. If we remove a paid add-on you are paying for separately (such as heatmaps), we will give reasonable advance notice and refund or credit the prepaid fees for that add-on for the remainder of the Subscription Period.

7.3 We use reasonable endeavours to make the Service available, but we do not guarantee uninterrupted or error-free availability. We may carry out scheduled maintenance and urgent maintenance without notice.

7.4 Support is provided by email at hello@digenio.ai on UK business days. We aim to respond within two business days.

7.5 Fair use. Plans are designed for normal business use. If your use is materially above normal levels for your plan (for example, extreme traffic volumes) or harms the Service for others, we may contact you to agree a suitable plan, and may apply reasonable limits if we cannot agree.

8. Your responsibilities

8.1 You must use the Service in accordance with these Terms, Schedule 2 (Acceptable Use Policy) and applicable law.

8.2 You are responsible for the accuracy and lawfulness of Customer Data, and for having a lawful basis, all notices and any consents required to collect it and to use Leads, including for direct marketing.

8.3 You must not use the Service to collect special category personal data (such as health data) or data of children.

9. Tracking Snippet and Customer Websites

9.1 You may install the Tracking Snippet only on websites you own or are authorised to control.

9.2 The Tracking Snippet does not set tracking cookies and identifies visitors with a random pseudonymous identifier; it does not store visitors’ IP addresses. You remain responsible for informing visitors of analytics on your website, in your privacy and cookie notices, and for obtaining any consents required in your jurisdiction.

10. AI features

10.1 Lead scoring. The Service scores Leads against your ICP using rule-based signals and an evaluation of the Lead’s message by a third-party large language model operated under our account (currently OpenAI). Lead message text, its language and your ICP description are sent to that model.

10.2 AI Agent. The in-app AI Agent (“Lux”) is an AI system. It runs using your own API key with a BYOK Provider of your choice. That processing is governed by your agreement with the BYOK Provider, which you are responsible for. You are responsible for the validity, permissions and costs of your keys. We store keys encrypted and use them only to provide the AI Agent to you. The AI Agent is subject to rate limits.

10.3 No training. We do not use Customer Data to train or fine-tune AI models.

10.4 Nature of Outputs. AI Outputs, including lead scores and AI-generated content, are probabilistic, may be inaccurate or incomplete, and are provided as decision support only. You must review Outputs before relying on them. You decide how to act on them and must not use them as the sole basis for decisions producing legal or similarly significant effects on individuals.

10.5 Where Outputs are AI-generated, the Service identifies them as such. You are responsible for meeting any transparency or other obligations that apply to your own use of Outputs, including under the EU AI Act.

11. Third-party services

11.1 The Service relies on third-party services, including Stripe (payments), Google (optional sign-in) and BYOK Providers. Your use of those services may be subject to their terms. We are not responsible for third-party services that you choose to connect, or for their availability.

12. Data protection

12.1 For personal data in Customer Data, you are the controller and Digenio is your processor. Annex A (Data Processing Agreement) applies and forms part of these Terms.

12.2 For personal data about your Account and Authorised Users (such as names, emails and billing details), Digenio acts as controller, as described in our Privacy Policy at https://digenio.ai/legal/privacy.

13. Intellectual property and Outputs

13.1 You own Customer Data and, as between you and us, the Outputs generated from it. You grant us a non-exclusive licence to use Customer Data and Outputs only to provide, secure and support the Service.

13.2 We and our licensors own the Service, including software, models, prompts, scoring logic, documentation and the Tracking Snippet. We grant you a non-exclusive, non-transferable right to use the Service during your subscription, for your internal business purposes.

13.3 We may create and use aggregated and anonymised data derived from use of the Service (that does not identify you, your Authorised Users or any individual) to operate, analyse and improve the Service.

13.4 If you give us feedback or suggestions, we may use them without obligation to you.

14. Confidentiality

14.1 Each party will keep confidential the other party’s non-public information received in connection with these Terms, use it only for the purposes of these Terms, and disclose it only to personnel and advisers who need to know it and are bound by confidentiality, or where required by law.

14.2 This clause does not apply to information that is or becomes public through no breach, was already lawfully known, or is independently developed.

15. Warranties and disclaimers

15.1 Each party warrants that it has authority to enter into these Terms.

15.2 Except as expressly stated in these Terms, the Service is provided without any other warranties, conditions or terms, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law. We do not warrant that Outputs will be accurate or that the Service will achieve any particular business result.

16. Liability

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

16.2 Subject to clause 16.1, neither party is liable for loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss.

16.3 Subject to clause 16.1, we are not liable for loss or corruption of data, except that we will use reasonable endeavours to restore lost or corrupted data from our latest backup.

16.4 Subject to clause 16.1, each party’s total liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of (a) the fees paid and payable by the Customer in the 12 months before the event giving rise to the claim and (b) US$1,000. This cap does not apply to your obligation to pay fees, or to your liability under clause 17.

17. Your indemnity

17.1 You will indemnify us against claims, losses and reasonable costs arising from (a) your installation of the Tracking Snippet on websites without authority, (b) your collection or use of Customer Data without a lawful basis or required notices or consents, or (c) your breach of Schedule 2.

18. Term, cancellation and termination

18.1 These Terms apply from when you accept them until your Account is closed.

18.2 Cancellation by you. You may cancel at any time from the billing page. Cancellation takes effect at the end of the current Subscription Period, and you keep access until then. You may resume before that date.

18.3 Refunds. Fees are non-refundable, including for partial Subscription Periods, except as stated in clauses 7.2 and 18.5 or where required by law. Early termination of annual plans is governed by clause 19.1A. We may give refunds or credits at our discretion.

18.4 Termination by us for cause. We may suspend or terminate your access: (a) if you materially breach these Terms and, where the breach can be remedied, fail to remedy it within 14 days of notice; (b) for non-payment under clause 5.7; (c) immediately if your use is unlawful, harms the Service or other users, or seriously breaches Schedule 2; or (d) if you become insolvent or cease business.

18.5 Termination by us for convenience. We may terminate your subscription on at least 30 days’ notice, and will refund prepaid fees for the period after termination.

18.6 Clauses that by their nature should survive termination (including 13, 14, 16, 17, 19 and 23) will survive.

19. Switching and your data on exit

19.1 You may give notice at any time, of not more than two months, that you wish to switch to another provider or to your own systems, or to have your data erased. On request, your subscription will end at the end of that notice period, including during an annual term.

19.1A Early termination of annual plans. Annual plans are offered at a discount in exchange for a 12-month commitment. If you end an annual subscription early under clause 19.1, fees already paid for the remainder of the annual term are not refunded and are retained as an early termination fee. This fee is disclosed before purchase on the pricing page and at checkout. Monthly subscriptions carry no early termination fee.

19.2 After the notice period, a transitional period of up to 30 days applies, during which we will continue to provide the Service as needed and support the export of your data.

19.3 You may then retrieve your exportable data (including Leads and core analytics data, in CSV or JSON format) for a further period of at least 30 days (the Retrieval Period).

19.4 After the Retrieval Period, we will delete Customer Data, and in any case within 90 days of the end of your subscription, except where the law requires us to keep it. Backups are overwritten on their normal cycle. We keep billing records as required by law.

19.5 We do not charge for switching or data export.

20. Suspension

20.1 We may suspend access in whole or in part, with notice where practicable, where reasonably necessary to protect the Service, other users or third parties, to comply with law, or under clause 5.7 or 18.4. We will restore access once the reason for suspension is resolved.

21. Events outside our control

21.1 Neither party is liable for delay or failure caused by events beyond its reasonable control, including failures of hosting, network or third-party providers. Payment obligations are not affected.

22. General

22.1 Assignment. You may not assign these Terms without our consent. We may assign them to a group company or a buyer of our business.

22.2 Notices. We may send notices to the Account Owner’s email address or in the Service. You may send notices to hello@digenio.ai.

22.3 Entire agreement. These Terms are the entire agreement on their subject matter. Neither party relies on any statement not set out in them, but this does not limit liability for fraud.

22.4 Severance and waiver. If any provision is invalid, the rest remains in force. A delay in enforcing a right is not a waiver.

22.5 Third-party rights. No one other than the parties has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

22.6 Electronic acceptance and language. These Terms are accepted electronically. We keep a record of the version accepted. The English version prevails over any translation.

23. Governing law and jurisdiction

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

23.2 The courts of England and Wales have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court.

Schedule 1 — Pricing

Prices exclusive of VAT and other taxes, in the currency of your billing country (clause 5.3). Prices may be changed under clause 6.1.

Free trial: 14 days, no card required, one per Customer (clause 4). No setup fees or overage charges.

Annual plans: discounted in exchange for a 12-month commitment. If an annual plan is ended early, the unused fees already paid are not refunded (early termination fee, clause 19.1A). Monthly plans have no early termination fee.

Schedule 2 — Acceptable Use Policy

You and your Authorised Users must not:

• install the Tracking Snippet on any website you do not own or control, or are not authorised to use it on;
• track website visitors without notices or consents required by applicable law;
• collect special category personal data (including health data) or children’s data through the Service;
• use Leads or Outputs to send spam or unlawful direct marketing;
• use the Service for discriminatory or unlawful profiling of individuals;
• resell, sublicense or white-label the Service without a partner agreement with us;
• copy, scrape, reverse engineer or attempt to access the source code of the Service, except as permitted by law;
• carry out security or penetration testing without our written consent, or interfere with or overload the Service;
• use the AI Agent to generate unlawful content, or in breach of your BYOK Provider’s terms;
• use the Service in breach of any applicable law or regulation, including sanctions and export-control laws.

Annex A — Data Processing Agreement

This Data Processing Agreement (DPA) forms part of the Terms between Digenio Tech Ltd (Processor) and the Customer (Controller). Terms not defined here have the meaning given in the Terms.

1. Definitions

• Data Protection Laws means all laws relating to personal data that apply to the processing, including the UK GDPR and the Data Protection Act 2018, Regulation (EU) 2016/679 (EU GDPR), and US state privacy laws including the California Consumer Privacy Act as amended (CCPA).
• Personal Data means personal data within Customer Data processed by the Processor on behalf of the Controller.
• Sub-processor means a third party engaged by the Processor to process Personal Data.
• “Controller”, “processor”, “data subject”, “personal data breach” and “processing” have the meanings given in the UK GDPR or EU GDPR, as applicable.

2. Roles and scope

2.1 The Customer is the controller and Digenio is the processor of Personal Data. Details of the processing are in Appendix 1.

2.2 The Processor will process Personal Data only on the Controller’s documented instructions, which are the Terms, this DPA and the Customer’s use and configuration of the Service, unless required by law, in which case it will inform the Controller unless the law prohibits this. The Processor will tell the Controller if it believes an instruction breaches Data Protection Laws.

2.3 The Controller is responsible for the lawfulness of the processing, including the lawful basis, notices to data subjects and any consents.

3. Confidentiality

3.1 The Processor will ensure that persons authorised to process Personal Data are bound by confidentiality.

4. Security

4.1 The Processor will implement appropriate technical and organisational measures to protect Personal Data, as described in Appendix 2, and may update them provided protection is not materially reduced.

5. Sub-processors

5.1 The Controller gives general authorisation for the Sub-processors listed in Appendix 3.

5.2 The Processor will give at least 30 days’ notice of new or replacement Sub-processors by email or in the Service. The Controller may object on reasonable data protection grounds within that period. If the parties cannot resolve the objection, the Controller may terminate the affected Service and receive a refund of prepaid fees for the period after termination.

5.3 The Processor will impose data protection obligations on each Sub-processor that are no less protective than this DPA, and remains liable for its Sub-processors.

5.4 BYOK Providers used with the AI Agent are engaged by the Controller under its own contract with them and are not Sub-processors of the Processor.

6. Assistance

6.1 Taking into account the nature of the processing, the Processor will assist the Controller by appropriate measures to respond to data subject requests, and with security, breach notification, data protection impact assessments and prior consultation, as required by Data Protection Laws.

6.2 If the Processor receives a request directly from a data subject, it will forward it to the Controller and not respond except on the Controller’s instructions.

7. Personal data breaches

7.1 The Processor will notify the Controller without undue delay, and in any case within 48 hours, after becoming aware of a personal data breach affecting Personal Data, with the information reasonably available to help the Controller meet its obligations. It will take reasonable steps to contain and remedy the breach.

8. International transfers

8.1 Personal Data is hosted in the United Kingdom. Transfers from the EU/EEA to the United Kingdom rely on the European Commission’s adequacy decision for the United Kingdom.

8.2 Where Sub-processors process Personal Data outside the UK or EEA (for example in the United States), the Processor will ensure an appropriate safeguard is in place, such as an adequacy decision or regulations (including the EU-US Data Privacy Framework and the UK extension, where the recipient is certified), the EU Standard Contractual Clauses, or the UK International Data Transfer Addendum.

9. Deletion and return

9.1 At the end of the Service, the Processor will make Personal Data available for export and then delete it in accordance with clause 19 of the Terms, unless the law requires it to be kept.

10. Audits

10.1 The Processor will make available the information necessary to demonstrate compliance with this DPA, and will allow for and contribute to audits, including inspections, by the Controller or an independent auditor it appoints, on at least 30 days’ notice, during business hours, no more than once a year (unless required by a regulator or following a personal data breach), and subject to confidentiality. The Controller bears its own costs.

11. US state privacy laws

11.1 Where the CCPA or similar US state laws apply, the Processor acts as a “service provider” or “processor”. It will not: (a) sell or share Personal Data; (b) retain, use or disclose Personal Data for any purpose other than providing the Service, or outside the direct business relationship with the Customer; or (c) combine Personal Data with personal data it receives from others, except as permitted by those laws. The Processor will comply with applicable obligations of those laws and notify the Customer if it can no longer meet them.

12. EU representative

12.1 In accordance with Article 27 of the EU GDPR, the Processor has designated the following representative in the European Union: Avv. Angelina Zamuner, Via Ca’ Memo 84, 30020 Noventa di Piave (VE), Italy (VAT no. IT03547590277), email: info@studiozamuner.it. EU supervisory authorities and data subjects may contact the representative on all issues related to processing under the EU GDPR.

13. Liability and precedence

13.1 Each party’s liability under this DPA is subject to the limitations in clause 16 of the Terms, except where Data Protection Laws do not permit this.

13.2 If there is a conflict between this DPA and the Terms, this DPA prevails on data protection matters.

Appendix 1 — Details of processing

Appendix 2 — Technical and organisational measures

• Hosting on a dedicated server in the United Kingdom, with no third-party storage of Customer Data.
• Pseudonymous visitor identification; no storage of IP addresses in the tracking path; no tracking cookies.
• Encryption in transit (TLS) and encryption at rest of BYOK API keys.
• Payment card data handled exclusively by Stripe; never stored on our servers.
• Role-based access controls within the Service, with access to payment information restricted to Account Owners.
• Access to production systems limited to authorised personnel and protected by multi-factor authentication.
• Regular server-level backups of production data.
• Rate limiting of AI Agent requests.
• Data minimisation in AI lead scoring: only the Lead’s message, language and ICP context are sent to the model; responses are cached to avoid resending.

Appendix 3 — Authorised Sub-processors

Stripe (payments) and Google (optional sign-in) process Account data for which Digenio is controller, as described in the Privacy Policy.