Terms and conditions

1. Who we are

Mabel is a trading name of Mabel HQ Ltd, a company registered in Northern Ireland with company number NI744850. Our registered office, which is also the address for serving documents on us, is 32 Ballynorthland Park, Dungannon BT71 6DY. Our website is mabelhq.co.uk. Email hello@mabelhq.co.uk for general questions, support@mabelhq.co.uk for help or complaints, and support@mabelhq.co.uk for data protection.

• Mabel is not registered for VAT and our prices do not include VAT. If we register, we may add VAT at the prevailing rate from the date of registration, with at least 30 days' notice by email.
• Mabel is not entered in any trade or public register, is not a member of any trade body, does not carry on a regulated profession and does not subscribe to any code of conduct.
• Our registration with the Information Commissioner's Office is [ICO REGISTRATION NUMBER].
• No guarantee is given beyond the warranties in these Terms.

2. Who can use Mabel and how the contract is formed

Mabel is for businesses and is not offered to consumers. You must be at least 18, running or working for a trade business in the United Kingdom, and using Mabel only for that business. If you are an individual, such as a sole trader, you confirm that you are acting wholly or mainly for the purposes of your trade, business or profession. If you are not, please do not create an account. The person creating the account confirms they have authority to bind the business, and "you" means both. Because you contract as a business, the consumer protections of the Consumer Rights Act 2015, including its rules on digital content and digital services, and of the Consumer Contracts Regulations 2013, including the 14-day cancellation right, do not apply. If a court nonetheless treats you as a consumer, you keep the rights the law gives consumers and nothing in these Terms takes them away.

The contract is formed when you tick the box on the signup form to agree to these Terms, confirming that you have read our Privacy Policy, that you are 18 or over and that you are signing up for your business, and create your account. We record the date you agreed and the version you agreed to; each version is identified by the date at the top of this page. You then verify your email address using the link we send. Once we have approved your account, Mabel is yours to use. Mabel is free while we launch: no card is taken and nothing is charged. You can correct anything you have typed before submitting each form, and in Settings afterwards. We confirm your account by email. The contract is in English. These Terms are published at mabelhq.co.uk/terms, where you can save or print them; we supply the version in force when you signed up on request.

3. The service

Mabel is a text-message receptionist for tradespeople. Once approved, you receive a dedicated UK number and divert calls to it: either the calls you miss, or, if you choose "straight away" in Settings, every call. A call is answered by one short automated message in synthesised speech, and the line ends. A caller on a UK mobile is then sent a text, and a conversation by text follows fixed rules to collect their name, the job and the address, offer slots from your availability, and book the job into your Mabel diary and any connected calendar. A caller on a landline or a non-UK number is not texted, and you are told they rang. If a caller replies PERSONAL to that text, Mabel stops replying to them and alerts you. Calls are not recorded and there is no voicemail; where a caller is texted we store their number and the time of the call. Texts to your Mabel number are answered the same way. The first text Mabel sends each customer ends with one line saying that Mabel handles texts for your business and linking to the customer section of our Privacy Policy.

You control when Mabel answers. In the iPhone app you can choose contacts who skip Mabel: their texts and calls are passed straight to you. Where Settings offers Mabel hours, Mabel answers at all times unless you set hours. Outside the hours you set, a new customer's text is passed to you and Mabel does not reply, except that a conversation already under way carries on and an urgent text is told that you will call back, and given your emergency number only if you set one; a call is put through to your mobile where that can ring, and otherwise the caller is asked to text. You are responsible for answering them. If you choose urgent words, a customer text containing one is sent to you at once by text and, where your plan includes job alerts, as a notification, and Mabel's reply to it tells the customer you have been told and will call them back. If you set an emergency number, the reply also gives the customer that number; Mabel never gives your own mobile instead. You are responsible for calling the customer back and for answering any emergency number you set. A customer text that mentions a gas smell or carbon monoxide always alerts you while urgent alerts are on, and adds one safety line at the start of Mabel's reply, including outside the hours you set.

The booking conversation uses no artificial intelligence, machine learning or large language model, and there is no profiling anywhere in the service. The one use of a machine-learning model is the automatic safety check on photos your customers add through the upload link (section 12): OpenAI's moderation service decides only whether a photo is kept and shown to you. No decision with legal or similarly significant effect on anyone is made by automated means alone. Approval of your account is decided by a person.

Depending on your plan, the service also includes confirmation texts, a booking review page and tracking page for customers, a suggested running order for your day, calendar sync, live location on the tracking page, a prompt when a job's slot ends, and job alerts on your phone or browser. Features marked "coming soon" are not part of the service until released and are not charged for. Features marked beta are provided as they are, may change or be withdrawn, and are excluded from the reasonable care and skill warranty in section 17. We may improve or change the service from time to time; we will not remove a main feature of your plan during a paid period without at least 30 days' notice, and if a change significantly reduces what your plan does you may end the contract and receive a refund of prepaid fees for the unused period.

4. What Mabel is not

• An emergency service. We do not guarantee that any call is captured, any text delivered, any urgent word recognised or any booking made. Anyone in danger must ring 999. Anyone who smells gas must ring the gas emergency line: 0800 111 999 in England, Scotland and Wales, or 0800 002 001 in Northern Ireland. The gas line Mabel adds to a reply is a courtesy, not advice and not a substitute for your own response. Do not present your Mabel number as an emergency line.
• A party to the contract between you and your customer. Your quotes, prices, work and dealings with customers are yours alone. We do not supervise, inspect or certify your work.
• Independent of your setup. The service depends on your call divert, your phone and network, and third-party carriers. You set the divert on your own phone, and any charge your network makes for diverting calls is yours.
• Legal advice. Nothing Mabel says, in these Terms, the Privacy Policy or the product, is legal advice about your own obligations to your customers.

5. Your account

Give accurate information and keep it up to date. Keep your password secret, choose a strong one, and email support@mabelhq.co.uk straight away if you suspect someone else has used your account. You are responsible for everything done through your login, including by anyone you let use it; we are not responsible for access gained through your credentials or devices. One account and one free trial per business. We may refuse to open an account.

6. Approval before your number goes live

Before we assign a number or text anyone in your name, you must upload in Get approved: photo ID (passport or driving licence) in the account name; a current public liability insurance certificate; and the scheme card the law requires for your trade: Gas Safe Register for gas work; NICEIC, NAPIT, ELECSA or STROMA for notifiable electrical work under Part P in England and Wales; OFTEC for oil; HETAS for solid fuel; MCS for heat pumps and solar. WaterSafe or CIPHE is optional for plumbing. Files are PDFs or photos, up to 3MB each and twelve in total.

A person at Mabel checks the documents against the public registers within 2 working days, and approves or rejects with a note you see in Get approved. You can replace documents until approval. Approved documents stay on record and cannot be deleted in the app; email support@mabelhq.co.uk to update one. We may refuse or withdraw approval at our discretion without detailed reasons. If we refuse approval, nothing has been charged and you can close your account from Settings.

If your work needs no certificate, you give instead proof of trading (your UTR, company number, trade membership or Google business profile), two customer references and photos of your work, and Mabel does not book gas, electrical or structural work for you. Where we use it, you also complete an ID check with a selfie, run by Stripe. Keep your insurance and any certificate current: we email you 30 and 7 days before they expire, and new bookings pause on expiry until we have checked the new one. We may pause new bookings on your account while we look into a complaint.

Our check is a reasonable-care check for our own purposes. It is not a guarantee, certification, vetting service or endorsement of you to anyone, and nobody other than you may rely on it.

7. Your warranties

You warrant that, for as long as you use Mabel:

• you hold every registration the law requires for the work you book through Mabel, and valid public liability insurance;
• every document you upload is genuine, current, unaltered and your own, and every registration body and number you give us is accurate;
• you will tell us at support@mabelhq.co.uk within 7 days if any registration or insurance lapses, is suspended or changes;
• you will not accept gas, notifiable electrical, oil or solid-fuel work through Mabel that you are not registered to do;
• for every customer Mabel texts in your name, you have a lawful basis to contact them about their job, and for any job you add by hand the customer gave you their number for that job and expects texts about it;
• you tell your customers, in your own privacy information, that you use Mabel to answer and book them, and you do not tell anyone that a person is replying when Mabel is;
• if you turn on live location, anyone else who carries the phone while it is on knows their position is shared with the customer and has agreed;
• your working hours, days off, Mabel hours, travel settings and diary are accurate and kept up to date, because Mabel offers customers slots from them, and you will honour or promptly rearrange any booking Mabel makes within the availability you set;
• the business details, logo and message wording you give us are accurate, are yours to use and do not mislead customers.

You authorise us to state your registration body and number in customer texts and on the booking review page (for example "Gas Safe registered 123456") once checked, and you warrant it is accurate. We stop when you tell us of a lapse. Breach of the first five warranties is a material breach and we may suspend or end the service immediately.

8. Your Mabel number

Numbers are allocated by Ofcom to communications providers; yours is made available to us through Twilio. We grant you a non-exclusive, non-transferable licence to use it while your subscription is active and approved. You acquire no ownership of it. We do not offer to port it to another provider, except where the law requires us to. It returns to us on suspension, termination or expiry and may be reassigned after a quarantine period. We may change it on notice if our carrier or a regulator requires. You must comply with Twilio's and carriers' rules for UK numbers as we notify them. Keep your own number live, and think before printing the Mabel number on vans or adverts: it stops working for you when your subscription ends.

9. Fees, billing and cancellation

• Mabel is free while we launch. There is no fee, no card is taken and nothing is charged. If we introduce a fee later we will tell every account holder by email at least 30 days before it applies, and you can close your account at any time before then at no cost.
• Nothing is sold in the iPhone app. You can close your account at any time in Settings on the website, or by emailing support@mabelhq.co.uk; the service ends when the deletion is carried out (section 19). There is no fee, so there is nothing to refund.
• When your account ends, Mabel stops replying to your customers. For 30 days after that, the first text each customer sends in a day is passed to your mobile so you can reply yourself; calls are answered with a message that you will see they rang.

10. Acceptable use and messaging rules

The texts Mabel sends are service messages your customer started by calling or texting your number, or about a job they gave you their number for. You must not:

• use your Mabel number or Mabel's messaging for direct marketing by text to anyone without the prior consent, or the soft opt-in conditions, that the Privacy and Electronic Communications Regulations (PECR) require. Offers, promotions, newsletters and requests for reviews can all be marketing; every marketing text must name your business and give a free way to opt out;
• text, or add jobs for, anyone who has not contacted you or given you their number for a job, or use Mabel to send bulk or unsolicited messages;
• message anyone who has opted out, or try to bypass the opt-out (STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT opts a customer out; START, UNSTOP or YES opts them back in);
• ask customers by text for health details, card numbers, passwords or other sensitive information;
• send anything unlawful, abusive, misleading, discriminatory or sexual, fail to identify your business in messages you write, or use the service for premium-rate, political or charitable campaigns;
• probe, scrape, overload, resell or reverse engineer the service, or breach Twilio's or carriers' rules as we notify them.

We may filter or block messages. The assistant stops replying where messages aimed at it are abusive, threatening or sexual; the thread stays visible to you and the customer's opt-out rights are unaffected. We may suspend on a carrier or regulator complaint, because one account's misuse can put our whole messaging service at risk.

11. Your responsibilities as controller of your customers' data

You are the controller of your customers' personal data. You confirm that you have a lawful basis for Mabel to contact your customers on your behalf (normally that they rang or texted you about a job); that you will give customers privacy information covering your use of Mabel, for which you may point them to the customer notice in our Privacy Policy, which the first text to each customer links to; that you will use their data only to carry out the work; that you will not export their numbers for marketing without PECR consent or the soft opt-in; and that you will honour every opt-out. Customers sometimes volunteer health details, for example that someone in the house is unwell or uses a wheelchair; use such details only to do the job safely, never ask for them, and delete them when the job no longer needs them. A customer may be under 18; if so, take extra care and deal with a parent or guardian where you would anyway. If you use the contacts setting in the iPhone app, you are also the controller of the scrambled numbers of the contacts you switch off, and you choose who they are. Tell us promptly of any rights request or data breach you learn of that concerns data we hold for you.

12. Data processing agreement

This section is the written contract required by Article 28(3) of the UK GDPR, in electronic form as Article 28(9) permits. For your customers' personal data you are the controller and Mabel is your processor. For your account, billing, approval documents, live location, our waitlist and our demo line, Mabel is an independent controller, as described in our Privacy Policy.

• Subject matter and duration: receiving calls and texts to your number, running the booking conversation, scheduling and confirming jobs, the booking review and tracking pages, the photo upload link, urgent word alerts, day reorder and calendar sync, while your account is active plus the deletion periods in paragraph (g). Customer photos are kept for shorter: 30 days after the job is completed, or 30 days after upload if the job is cancelled or never booked.
• Nature and purpose: automated rules-based messaging, storage, geocoding of postcodes, display on the tracking and booking review pages, transmission of jobs to your calendar and in alerts to your phone, matching customer texts against your urgent words, matching callers against the contacts you switch off, recording delivery status, and receiving customer photos: removing their location and camera details, an automatic safety check by OpenAI, storage, and showing them only to you. The purpose is to answer and book your customers for you, and nothing else.
• Personal data: phone number, name, job description, address and its latitude and longitude, message content and delivery status, links to photos sent by text, photos added through the upload link and the result of their safety check, booking details, opt-out and opt-in records, and call time; and, if you use the contacts setting, salted hashes of the phone numbers of contacts you switch off and short records of texts passed on to you. Special category data is not requested, but a customer may volunteer it in a message or show it in a photo (for example health or disability details); you instruct us to process it only as part of the conversation or photo it came in.
• Data subjects: your customers and prospective customers, anyone who calls or texts your number, and the contacts you switch off in the iPhone app.
• Your obligations and rights: to give lawful instructions, to be responsible for the lawfulness of the processing, to give your customers privacy information, to respond to your customers' rights requests, to notify your own breaches to the ICO, and to receive information, audit us and object to sub-processors as set out below.

Mabel will:

• (a) process the data only on your documented instructions, which are these Terms, your settings and your use of the service, including any transfer outside the UK, unless UK law requires otherwise, in which case we tell you first unless the law forbids it. We do not use your customers' data for our own purposes, sell it or share it with another trade; the only exceptions are keeping the service secure and free of abuse and complying with the law;
• (b) ensure everyone we authorise to process the data (today only our director, and any future staff or contractors) is bound by a contractual or statutory duty of confidentiality;
• (c) take the measures Article 32 requires: today TLS on every connection with HSTS, passwords hashed with bcrypt at cost 12, a single httpOnly session cookie, security headers, rate limiting on login, signup and public endpoints, signature checks on Twilio and Stripe webhooks, secrets held in Vercel, a Neon database encrypted at rest in AWS eu-west-2 (London), and access limited to our director. The Privacy Policy keeps this list current;
• (d) use only sub-processors you have authorised. You give general written authorisation for the sub-processors listed in section 9 of the Privacy Policy, which is the sub-processor schedule for this agreement: Twilio (with Amazon Polly for greeting speech), Stripe, Resend, Vercel, Neon and OpenAI (the safety check on customer photos), and Apple for alerts to the iPhone app. We give at least 30 days' email notice before adding or replacing one; you may object in writing within that period, and if we cannot resolve the objection you may end the contract without penalty with a refund of prepaid fees for the unused period. We impose data protection obligations on each sub-processor in writing, through its own data processing terms, that give the protection Article 28 requires, and remain liable to you for their performance. Apple's push service is used under Apple's developer terms; we keep the alert text it carries to what an alert needs. Your documented instructions also cover two things that are not sub-processing: when a job is created we send the postcode of the address, and nothing else, to postcodes.io, a free public open-data service with which we have no contract, to obtain its latitude and longitude; and where you connect a calendar we send your jobs to Google or Microsoft, or make them available to Apple Calendar through your private feed, under your own account with that provider and its terms, not under a contract with Mabel;
• (e) assist you, by appropriate technical and organisational measures so far as possible, in responding to requests under Chapter III (access, rectification, erasure, restriction, portability and objection), and pass you any request we receive directly from your customer within 5 working days;
• (f) assist you with your obligations under Articles 32 to 36 (security, breach notification, impact assessments and prior consultation), and notify you without undue delay, and in any event within 48 hours, after becoming aware of a personal data breach affecting your customers' data, with the Article 33(3) information as it becomes available;
• (g) at the end of the service, at your choice, return your customers' data as an export of customers, jobs and conversations (Settings, Download my data) or delete it. The service ends when your subscription ends for any reason, or when we carry out your deletion request. After a deletion request we delete within 7 days of the request. Otherwise we keep your account closed but intact for 30 days after the subscription ends, so you can download your data or come back, and then delete all copies unless UK law requires storage. Backups are purged on our providers' normal cycle;
• (h) make available all information necessary to demonstrate compliance with Article 28 and allow for and contribute to audits by you or an auditor you mandate, on at least 30 days' notice, no more than once a year unless a regulator or a breach requires more, at your cost, by written questionnaire and document review first and on site only where genuinely necessary. We tell you immediately if, in our opinion, an instruction infringes UK data protection law;
• (i) keep a record of the processing we carry out for you, as Article 30(2) requires, and cooperate with the ICO on request.

Twilio, Resend, Vercel and OpenAI process data in the United States, and so may Stripe, Neon (for support and administration) and, for the iPhone app, Apple. For each transfer we rely on the UK International Data Transfer Addendum to the EU Standard Contractual Clauses, or the UK International Data Transfer Agreement, within the provider's data processing terms, or on the UK Extension to the EU-US Data Privacy Framework where the provider is certified under it. You authorise these transfers. We tell you on request which safeguard applies to which provider.

Each party is liable for its own breaches of data protection law. You indemnify us against claims caused by your instructions or your failures as controller. Our liability under this section sits within the cap in section 17.

13. Tracking page, booking review page and day reorder

When you tap "On the way", your customer is texted a link to a page showing an estimated arrival time and a route map from your previous job, or your base address, to their address. The route starts from an approximate point, rounded to about a kilometre, near your last finished job that day or your base; no name or street address from the previous job is shown. Unless you switch on live location in Settings, your position is inferred from your diary, not from GPS or your phone. With it on, while a job is on the way and Mabel is running on your phone (in the iPhone app that includes the background, with the blue location indicator showing; in a browser only while the tab is open), your phone sends us your position every twenty seconds or so and the customer's page shows it; we keep only the latest point, show it only to that job's customer, and clear it when your phone reaches the customer's address, when you mark the job done, move or cancel it, turn the switch off or sign out; if you forget, sharing stops by itself about an hour and a half after the promised arrival. You can turn it off at any time. The page shows the customer's first name, your first name and business name, the job and the address. The link contains an unguessable token; anyone holding it can view the page, and it keeps working after the job, showing that you have arrived. Do not share it with anyone other than the customer. You can add 15 minutes to the estimate and the customer is texted the update. Arrival times and live positions are estimates only, and section 17 applies to them. A confirmation text may also link to a booking review page; the same token rules apply.

Mabel may suggest a shorter running order for a day. If you apply it, each moved customer is texted the new time and asked to reply YES, and no booking moves until they do. You remain responsible for the original time where a customer does not confirm. We do not warrant that a suggested order is the best one.

A suggestion is only shown when it would save you about 15 minutes or more of driving by our estimate. In the iPhone app the saving is worked out from Apple's road directions between your jobs; on the dashboard it is a straight-line estimate. Either can differ from the drive on the day. The map of your day and the suggested route are features of the Pro plan.

Directions from the app open Apple Maps or Google Maps on your phone under those services' own terms. Mabel's own map draws the day's jobs and the estimated drive between them from the job addresses and is for planning, not turn-by-turn navigation.

14. Calendar sync and push notifications

You may connect Google Calendar, through OAuth tokens we store, or Apple Calendar, through a private subscription (.ics) feed URL that anyone holding it can read, so keep it private. Mabel asks Google for permission to add and update events and, so that it can keep your personal events clear, to view your availability; it adds jobs to your calendar and reads only when you are busy, never your events themselves. You may also connect Outlook on the same terms, and in the iPhone app you may let Mabel read when you are busy in the calendars you pick, on your phone, so that those times are never offered to customers. Disconnect or switch these off at any time and we delete the tokens and the busy times. A busy time from your calendar keeps that time, and your default travel time either side of it, out of the slots Mabel offers. It does not stop you booking a job yourself at that time, and it does not move or cancel a job already booked. Our use of Google user data complies with the Google API Services User Data Policy, including its Limited Use requirements. Where your plan includes job alerts you may turn them on in a browser or in the iPhone app; we store your browser's push subscription or your phone's device token, you can revoke either in your browser or phone settings, and delivery is not guaranteed.

14a. The iPhone app

The Mabel iPhone app is free to download from Apple's App Store where it is available. It is a way to use your existing Mabel account: you need an account and an active subscription or trial, both opened and paid for on the website, and nothing is sold or can be bought in the app. These Terms apply to your use of the service through the app. Apple's standard licence for App Store apps (the Licensed Application End User Licence Agreement) governs your licence to use the app itself, and where it conflicts with these Terms on that licence, Apple's licence prevails.

You and Mabel acknowledge that: these Terms are between you and Mabel only, not with Apple; Mabel, not Apple, is solely responsible for the app and its content; Apple has no obligation to provide maintenance or support for it; if the app fails to conform to any warranty, you may tell Apple and Apple will refund any price you paid for it (the app is free) and has no other warranty obligation to the extent the law allows; Mabel, not Apple, is responsible for any claim relating to the app or your use of it, including product liability claims, claims that it fails to meet a legal or regulatory requirement, claims under consumer protection, privacy or similar law, and claims that it infringes a third party's intellectual property; you are not located in a country subject to a UK or US government embargo and are not on any government list of prohibited or restricted parties; you must comply with any third-party terms that apply when you use the app, such as your mobile network's; and Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.

Location, contacts and notifications are each optional and asked for by the phone only when you turn on the feature that needs them; the Privacy Policy says exactly what each one sends. If you turn on live location, you are responsible for using your phone lawfully and safely while driving: Mabel needs no input from you while a job is on the way. Keep the app up to date; older versions may stop working when the service changes. You can ask us to delete your account from within the app (section 19).

15. Availability

We aim for high availability but give no uptime commitment and no service credits. We may carry out maintenance, with notice where practicable. The service depends on Twilio, mobile carriers, Stripe, Vercel and Neon, Apple for app alerts, and on your phone, divert settings and network; we are not liable for outages caused by any of them that we could not reasonably have avoided. Your diary in the app is the record of your bookings; check it yourself.

16. Intellectual property and confidentiality

Mabel and its licensors own the service, software, greeting scripts, message templates and branding; you receive a limited, non-exclusive, non-transferable licence to use the service for your business while you subscribe. You own your business content and your customers' data and grant us a licence to process them to provide the service and to display your business name, logo and registration number in messages and on the booking form, booking review and tracking pages. You may say you use Mabel but may not otherwise use the Mabel name or marks. If you send us suggestions or feedback, we may use them freely and without payment, without identifying you.

Each party keeps the other's non-public information confidential, except where disclosure is required by law or a regulator. We treat your conversations and job data as confidential. This section survives termination.

17. Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything that cannot lawfully be limited. Nothing limits a customer's rights against you or us under data protection law.

We provide the service with reasonable care and skill. All other warranties, conditions and terms implied by statute or common law are excluded so far as the law permits, including any warranty that the service will be uninterrupted or error-free or that carriers will deliver calls and texts.

Mabel is an automated tool that depends on carriers, your settings and your phone. So, subject to the first paragraph, we are not liable for loss arising from any of the following, except to the extent it was caused by our failure to use reasonable care and skill, and then only within the cap below:

• a call, text, alert or email that was not delivered, was delayed or was delivered to the wrong place, including through an outage at Twilio, a mobile carrier, Apple, a browser push service or your own phone or network;
• a missed, lost or double booking, or a customer or you turning up at the wrong time, where your hours, Mabel hours, days off, travel settings, diary, connected calendar or the busy times it reported were not accurate or up to date, where a calendar could not be reached when a slot was offered, or where a job was booked outside Mabel;
• an urgent word that was or was not recognised, or a call or text passed straight to you because of your contacts or Mabel hours settings;
• an arrival estimate, route or live position that was inaccurate, late or missing;
• a photo the automatic safety check wrongly accepted or refused;
• what a customer tells you or does, or your work, quotes and dealings with them.

Subject to the first paragraph, we are not liable for indirect or consequential loss, nor, whether direct or indirect, for loss of profit, loss of business, loss of jobs or customers, loss of goodwill or wasted expenditure. We are not liable for loss of or damage to data except that, where it is caused by our breach of section 12, we will restore what we can from our backups and you may claim the reasonable cost of restoring the rest, within the cap. Our total aggregate liability to you for all claims arising in any contract year, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is capped at the greater of the fees you paid or were due to pay us for the 12 months before the event giving rise to the first claim, and £500.

These limits reflect that Mabel is run by a very small company with limited resources, that the fees are small compared with the value of your business, that you are better placed to insure your own business interruption, that you control the settings and diary Mabel works from, and that you remain responsible for checking your own diary. We consider them reasonable for that reason.

You indemnify us against all claims, fines and penalties (to the extent the law allows them to be indemnified), losses and reasonable costs arising from your work or your contract with a customer; from your lacking a required registration or insurance, or any false or misleading document or registration claim you give us; from content you send through Mabel; from your texting or adding anyone without a lawful basis, your breach of data protection or PECR law as controller, or your failure to give your customers privacy information; or from your breach of section 10. We will tell you promptly of any claim, let you take part in its defence at your cost, and take reasonable steps to limit the loss. This indemnity is not subject to the cap.

18. Suspension

We may suspend the service, or take your number out of service, immediately and without liability where we reasonably believe there is a breach of section 10 or of PECR, a security risk, a demand from a carrier or regulator, a lapsed or false registration or insurance, misuse of the number, a legal requirement, or a risk to our Twilio account, as well as for non-payment under section 9. We tell you why where the law allows and lift the suspension once resolved. Fees continue during a suspension caused by you.

19. Termination and closing your account

You may end the contract at any time from Settings or by emailing support@mabelhq.co.uk from your account email; it ends at the end of the current paid period. We may end it immediately for a material breach not cured within 14 days of our notice, for a breach incapable of cure, if you become insolvent, if you fail or lose approval, for repeated carrier complaints, or for non-payment under section 9. We may also end it for convenience on at least 30 days' notice, refunding prepaid fees pro rata for the unused period.

When the contract ends for any reason other than a deletion request, we keep your account closed but intact for 30 days so you can download your data or come back, then delete it as described below. When your subscription ends, Mabel stops replying to your customers. For 30 days after that, the first text each customer sends in a day is passed to your mobile so you can reply yourself; calls are answered with a message that you will see they rang.

To close your account and have it deleted, choose Delete my account in Settings, on the website or in the iPhone app, or email support@mabelhq.co.uk from your account email. Download your data from Settings first if you want a copy. We check the request came from you, stop your Stripe subscription, release the number, and delete your account, conversations, bookings, customer photos, documents, calendar tokens, busy times, push subscriptions, device tokens and contact hashes, and the matching logs at Twilio, within 7 days of the request, keeping only invoices and payment records for 6 years under tax law and anything needed for a live legal dispute. The service ends when the deletion is carried out. Sections 7, 11, 12 (paragraphs (g) and (h)), 16, 17, 22 and 23 survive, as does any unpaid fee.

20. Transfer to a successor company

We may assign, novate or otherwise transfer this contract and all rights and obligations under it, including the data processing agreement and sub-processor authorisations, to any person who acquires the Mabel business or substantially all of its assets, including such a company, on 30 days' email notice, provided the successor agrees to be bound by these Terms. You consent in advance to that novation and agree to sign anything reasonably required to give effect to it. Your rights are unchanged and the successor becomes controller and processor in Mabel's place. You may not assign this contract without our written consent.

21. Changes to these Terms

We may update these Terms. Each version is identified by the date at the top of this page. For a material change we email you and post the new version here with its date, and the dashboard and the iPhone app then ask you to accept it before you carry on using them. A material change takes effect for you when you accept it, and we record the date and the version you accepted. We aim to give at least 30 days' notice by email before we ask, unless a change is required sooner by law, a regulator or a carrier, in which case we give as much notice as we can. If you do not want to accept, you may cancel by emailing support@mabelhq.co.uk; the previous version keeps applying until your cancellation takes effect at the end of the paid period. Corrections that do not affect your rights take effect when posted and do not need accepting again. We supply earlier versions on request.

22. Complaints, disputes and governing law

Raise any complaint with support@mabelhq.co.uk first. We respond as quickly as we can and use our best efforts to resolve it. Before starting court proceedings both parties will try in good faith for 30 days to settle the dispute, though either may seek urgent relief at any time.

These Terms are governed by the law of Northern Ireland, and the courts of Northern Ireland have exclusive jurisdiction, except that we may seek an injunction in any court and a trade based in England, Wales or Scotland may also bring proceedings in its local courts. Part P applies in England and Wales only; Gas Safe registration applies throughout the United Kingdom. You must comply with the rules where you work.

23. General

• These Terms, with the Privacy Policy for information, are the entire agreement between us. Each party confirms it has not relied on any statement not set out in them, without excluding liability for fraud. If these Terms, section 12 and our Privacy Policy disagree, these Terms come first, then section 12; the Privacy Policy is for information only.
• If any part is unenforceable it is changed to the minimum extent needed to make it enforceable, and the rest stands. A delay in enforcing a right is not a waiver.
• Nothing creates a partnership or agency. We are not your agent, except that you expressly authorise us to send messages in your name as the service requires. Apart from Apple and its subsidiaries under section 14a, nobody other than you and Mabel may enforce these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
• Neither party is liable for failure or delay caused by events outside its reasonable control, including carrier outages, third-party platform failures, power or internet failures, fire, flood, epidemic, government action and acts of terrorism. This does not excuse a payment due, and if such an event stops the service for more than 30 days either party may end the contract with a refund of prepaid fees for the unused period.
• Notices are sent by email, to your account address or to support@mabelhq.co.uk, and are treated as received the next working day. Legal proceedings may also be served on us at the trading address in section 1. Accepting these Terms by clicking has the same effect as signing them. Headings are for convenience only.

24. Contact

Mabel HQ Ltd, company number NI744850, 32 Ballynorthland Park, Dungannon BT71 6DY. General: hello@mabelhq.co.uk. Help and complaints: support@mabelhq.co.uk. Data protection: support@mabelhq.co.uk.