Terms of Service
Last Updated: 30 March 2026
These Terms of Service (the “Terms”) are a binding agreement between Kapsule Ltd (“Kapsule,” “we,” “our,” or “us”) and the organization accepting these Terms or using the Services (“Customer”).
If you access or use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not have that authority, do not use the Services on behalf of the organization.
“Services” means Kapsule Terminal’s websites, applications, dashboards, APIs, analytics tools, AI-assisted features, documentation, and related services.
If Customer has entered into a separate signed master services agreement, order form, data processing addendum, or other written agreement with Kapsule, that agreement controls to the extent of any conflict with these Terms.
1. Who may use the Services
The Services are intended for businesses, teams, healthcare organizations, data partners, and their authorized users.
The Services are not intended for general consumer use. You must be at least 18 years old and able to form a binding contract to use the Services on behalf of a Customer.
2. Organizational authority and account ownership
Customer is responsible for its organizational account, workspace, administrators, and authorized users.
Customer administrators may be able to:
- add, remove, suspend, or manage users;
- control permissions, settings, and integrations;
- access business account information and usage records;
- manage or transfer account ownership.
Customer is responsible for ensuring that administrator instructions are lawful and appropriate and that only authorized users access the Services. Organizational accounts are business accounts, not personal consumer accounts.
3. Description of the Services
Kapsule Terminal provides analytics, dashboards, data tools, uploads, exports, APIs, AI-assisted features, and related functionality.
We may modify, update, add, remove, suspend, or discontinue parts of the Services from time to time. We may also offer beta, preview, trial, or experimental features, which may be subject to additional terms or may be changed or removed at any time.
Unless a separate written agreement states otherwise, we do not provide a public service level agreement under these Terms.
4. Acceptable use
Customer and its authorized users must not:
- use the Services unlawfully or in violation of applicable privacy, healthcare, export, sanctions, intellectual property, or other laws;
- upload, share, submit, or process data they do not have the right to provide;
- upload prohibited data in violation of these Terms or the Data Upload and Data-Partner Addendum;
- attempt to re-identify de-identified data;
- use the Services or outputs as the sole basis for diagnosis, treatment, emergency response, or clinical decision-making;
- interfere with or disrupt the integrity, performance, or security of the Services;
- bypass access controls, authentication, quotas, or technical restrictions;
- reverse engineer, decompile, copy, scrape, frame, mirror, or benchmark the Services except as expressly permitted by law;
- use the Services to develop or support a competing product in a prohibited manner;
- upload malware, harmful code, or abusive content;
- use automated means to access the Services in a way that imposes unreasonable load or undermines service integrity;
- misrepresent identity, authority, or affiliation.
We may monitor use of the Services to protect the Services, our users, and our business, and to enforce these Terms.
5. Data upload rules
Detailed requirements for data uploads, permitted data types, de-identification expectations, and data-partner obligations are set out in our Data Upload and Data-Partner Addendum, which forms part of these Terms.
5.1 Customer Data and permissions
“Customer Data” means data, content, files, prompts, records, and materials submitted to the Services by or for Customer.
Customer represents and warrants that it has all rights, permissions, notices, consents, and lawful bases needed to provide Customer Data to Kapsule and authorize Kapsule to process it as contemplated by these Terms.
5.2 Self-serve ban on identifiable uploads
Self-serve customers must not upload identifiable personal data through the Services, including identifiable patient data, protected health information, or other identifiable health data.
5.3 Enterprise restrictions
Enterprise customers may upload identifiable personal, patient, or health data only where that use is expressly authorized under signed enterprise documentation and approved by Kapsule in writing.
5.4 Kapsule review and remediation rights
If we detect or reasonably suspect prohibited, improperly submitted, or high-risk data, we may reject, quarantine, restrict, suspend access to, sanitize, de-identify, return, require correction or resubmission of, or delete that data.
Kapsule is not required to accept or continue hosting any upload that creates legal, security, operational, or policy risk.
5.5 License to process Customer Data
Customer retains its rights in Customer Data.
Customer grants Kapsule a non-exclusive, worldwide, limited licence to host, copy, transmit, display, format, back up, analyze, and otherwise process Customer Data as needed to provide, secure, support, and maintain the Services, comply with law, enforce these Terms, and create de-identified, aggregated, or statistical information that does not identify Customer or any individual.
5.6 Exports and downloads
If Customer exports or downloads data from the Services, that data may leave the controlled environment of the Services. Customer is responsible for how exported or downloaded data is handled, stored, transferred, disclosed, and secured after export.
6. AI and analytics limitations
AI-assisted and analytics outputs are provided for general analytics assistance only.
They may contain errors, omissions, bias, outdated information, or incomplete reasoning. Customer is responsible for reviewing outputs before relying on them and for determining whether a feature or output is appropriate for the intended use.
The Services do not provide medical advice and are not intended for diagnosis, treatment, emergency use, or clinical decision-making.
Kapsule may use third-party AI providers. We aim to use privacy-protective configurations where feasible, but provider capabilities and technical implementations may vary over time. Additional AI-related terms may be included in enterprise agreements where applicable.
7. Billing, renewals, cancellations, and refunds
Some parts of the Services may be free, subscription-based, usage-based, trial-based, or governed by enterprise pricing.
Customer agrees to pay all fees, charges, and applicable taxes associated with its use of the Services. Unless otherwise stated:
- subscription fees are billed in advance for the applicable billing period;
- usage-based charges may be billed in arrears;
- subscriptions may renew automatically unless canceled before the renewal date;
- enterprise billing and renewals are governed by the applicable order form or contract.
If payment fails, we may provide a grace period before downgrading, limiting, or suspending access to paid features.
Refunds, if any, are handled case by case in our discretion unless a separate written agreement or applicable law says otherwise.
We may change pricing for future billing periods on notice. Free, trial, and beta features may be modified, limited, or discontinued at any time.
8. Customer responsibilities
Customer is responsible for:
- maintaining the confidentiality of login credentials and access methods;
- ensuring only authorized users access the Services;
- designating and supervising administrators;
- ensuring Customer Data is lawful and appropriately governed;
- deciding whether the Services are suitable for Customer’s use case;
- using appropriate human review, oversight, and professional judgment;
- maintaining internal policies, notices, approvals, and documentation required for its use of the Services;
- complying with applicable law and contract obligations relating to Customer Data and service use.
9. IP and licenses
As between the parties:
- Kapsule owns all right, title, and interest in and to the Services, software, documentation, interfaces, workflows, branding, and related intellectual property.
- Customer owns its Customer Data, subject to the rights granted to Kapsule under these Terms.
- Kapsule grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services during the applicable subscription or access period, solely for Customer’s internal business purposes and subject to these Terms.
- If Customer provides feedback, suggestions, or ideas, Kapsule may use them without restriction or obligation.
10. Privacy and security
Our Privacy Policy explains how we handle Personal Data. We implement reasonable technical and organizational measures designed to protect data handled through the Services, taking into account the nature of the data and the risks involved.
No system is completely secure, and we do not guarantee absolute security.
If Customer requires additional data protection terms for approved restricted-data use, those terms must be documented in a separate signed agreement.
11. Third-party services
The Services may integrate with, depend on, or interoperate with third-party services, including hosting, storage, payment, analytics, authentication, communications, security, or AI services.
Kapsule is not responsible for third-party services except to the extent required by law or expressly stated in a separate written agreement. Customer’s use of third-party services may also be governed by those providers’ own terms and privacy notices.
12. Suspension and termination
We may suspend, limit, or terminate access to the Services immediately if:
- Customer breaches these Terms;
- Customer’s use creates security, legal, compliance, or operational risk;
- payment remains overdue;
- we are required to do so by law;
- we reasonably believe prohibited or improperly submitted data has been uploaded or used;
- use of the Services may harm Kapsule, other customers, or third parties.
Customer may stop using the Services at any time, but termination does not relieve Customer of fees already incurred or committed for the applicable term unless a separate written agreement or law says otherwise.
Upon termination or expiration:
- Customer’s access rights end;
- Kapsule may disable accounts and remove access to the Services;
- Customer Data may be deleted or returned in accordance with applicable contract terms, system configuration, and retention obligations.
Sections that by their nature should survive termination will survive, including sections on fees, restrictions, IP, disclaimers, liability limits, indemnity, and dispute provisions.
13. Disclaimers
Except as expressly stated in a separate signed agreement, the Services are provided “as is” and “as available.”
To the maximum extent permitted by law, Kapsule disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or suitable for Customer’s specific regulatory, operational, or clinical needs. Beta, trial, preview, or experimental features may be especially limited or unstable.
14. Limitation of liability
To the maximum extent permitted by law:
- Kapsule will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost business, or loss of data;
- Kapsule’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amounts paid or payable by Customer to Kapsule for the Services in the 12 months before the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
These limits do not limit Customer’s payment obligations or Customer’s liability for unlawful uploads, misuse of the Services, infringement, indemnity obligations, or violations of law.
15. Indemnity
Customer will defend, indemnify, and hold harmless Kapsule and its affiliates, officers, directors, employees, contractors, and agents from and against claims, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses arising out of or related to:
- Customer Data;
- Customer’s unlawful or unauthorized use of the Services;
- Customer’s breach of these Terms;
- Customer’s violation of applicable law;
- Customer’s failure to obtain necessary rights, permissions, notices, consents, or lawful bases for data provided to Kapsule;
- any claim that Customer Data, Customer conduct, or Customer instructions caused Kapsule to violate law or third-party rights.
16. Governing law and dispute forum
These Terms and any non-contractual disputes arising out of or in connection with them are governed by the laws of England and Wales, without regard to conflict of laws principles.
The courts of England and Wales will have exclusive jurisdiction over disputes arising out of or relating to these Terms, unless a separate signed agreement says otherwise.
17. Enterprise agreement precedence
If Customer has entered into a signed master services agreement, order form, data processing addendum, or other written agreement with Kapsule, that agreement governs to the extent of any conflict with these Terms.
18. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, notifying Customer through the Services, or using another reasonable method.
Changes take effect on the date stated in the updated Terms unless law requires a different process. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms.
19. Contact details
For legal, contractual, or compliance questions, contact:
Kapsule Ltd
Kemp House, 124 City Road, London, EC1V 2NX, UK
General: info@kapsuletech.com
Legal: legal@kapsuletech.com
Privacy: privacy@kapsuletech.com