Terms of service

These terms are between Cohavo (“we”, “us”) and the business that orders Cohavo (“you”). They apply together with the documents listed in section 1.3. If you have questions, email support@cohavo.io.

1. About these terms

1.1 Cohavo is for businesses. By ordering it you confirm that you’re acting for your trade, business or profession, not as a consumer.

1.2 The agreement starts when you accept a quote or order form from us, or start using Cohavo for real work, whichever comes first.

1.3 The agreement is made up of:

• your order (the quote or order form you accepted, which sets out what you get and what it costs);
• these terms, including the schedules at the end;
• the Data processing agreement, which applies whenever we handle personal data for you;
• the Acceptable use policy;
• the Emergency calls information.

1.4 If they conflict, this order applies: the Data processing agreement (for personal data), then your order, then these terms, then the Acceptable use policy.

1.5 In these terms:

• Your data means everything you, your users or the people you deal with put into or create through Cohavo: calls, recordings, transcripts, AI notes, emails, chats, contacts and so on.
• Users means the people you allow to use Cohavo.
• Business day means Monday to Friday, except public holidays in England.
• In writing includes email.

2. The service

2.1 We provide the parts of Cohavo listed in your order, as described in Schedule A, using reasonable skill and care.

2.2 Each customer has its own server: a virtual server and a storage bucket that only that customer’s server can reach, run by us in DigitalOcean’s London data centre. Some suppliers process parts of your data elsewhere; they’re listed on our Subprocessors page.

2.3 We improve Cohavo all the time, and suppliers change what they offer. We may change the service, but we won’t take away something important you use without giving you notice under section 9, unless we have to act quickly for security, legal or regulatory reasons.

2.4 Features we call beta, preview or pilot are for trying out. They may change or be withdrawn.

2.5 AI features produce text automatically, and it can be wrong or incomplete. Check AI output before you rely on it. Don’t use it as the only basis for a decision that has legal or similarly significant effects on a person (for example about a member of staff) unless you have the safeguards that data protection law requires. Our Recording and AI page says how the AI features work.

3. Your responsibilities

3.1 Give us accurate information when we set you up (numbers to move, user lists, domain and DNS access for email and chat, and so on).

3.2 You’re responsible for:

• your internet connection, network, power supply, computers, phones and headsets;
• how you set up Cohavo, including recording, how long data is kept, phone menus, AI features and voice agents;
• telling your staff, callers and website visitors what they need to know (for example that calls are recorded), and having a lawful basis for what you do with their data;
• what your users do in Cohavo.

3.3 Keep sign-in details safe. Everyone who signs in with a password must use a two-step code; don’t share accounts. Tell us straight away if you think someone has got into your account.

4. Numbers and porting

4.1 Phone numbers are allocated by Ofcom to phone companies. You have the right to use the numbers we provide and to move them to another provider, but you don’t own them. You must use them as the UK numbering rules allow.

4.2 Moving numbers to us depends on your current provider and on our carrier. We’ll only give you a date once they’ve confirmed it. Don’t cancel your old service until the move is complete.

4.3 If you want to move your numbers to another provider, we’ll co-operate promptly and on reasonable terms, including when the agreement is ending.

4.4 We show your caller ID on outgoing calls. You may only show numbers you have the right to use, and we may check that first.

4.5 Any charge for moving numbers to us is shown in your quote.

5. Emergency calls

5.1 Please read our Emergency calls page and share it with your users. It says what works today. At the moment, calls to 999 and 112 can’t be made from Cohavo’s desk phones, web, Mac or Windows apps; the iPhone app hands them to the iPhone’s own phone app.

5.2 Make sure everyone who uses Cohavo has another way to call 999, such as a mobile phone. Cohavo isn’t a life-safety or alarm line and must not be used as one.

5.3 When emergency calling becomes available, we’ll tell you, ask you to register the address of each site and user, and update the Emergency calls page and these terms.

6. Using the service

6.1 You must follow the Acceptable use policy and the law, including the rules on marketing calls and emails, call recording, monitoring staff and data protection.

6.2 You’re responsible for the charges run up through your accounts, including through someone else using your users’ sign-in details. This doesn’t apply where the misuse happened because we broke this agreement.

6.3 We limit outgoing calls to protect you from fraud (see the Acceptable use policy). If you ask us to open more destinations, you accept the extra risk.

7. Other companies’ services

7.1 We use other companies to run Cohavo, such as hosting, phone carriers, email and AI providers. They’re listed on our Subprocessors page. We’re responsible for the service we give you under this agreement.

7.2 We’re not responsible for the public internet, your own providers or networks, or services you choose to connect to Cohavo (such as your own Microsoft 365 or HubSpot account), which are covered by your agreement with them.

8. Charges and payment

8.1 You pay the charges in your order. Monthly charges are invoiced monthly; usage (for example calls outside any allowance) is invoiced afterwards, based on our records, which you can ask to see.

8.2 Invoices are due within 14 days. Charges don’t include VAT, which is added where it applies.

8.3 If you dispute an invoice in good faith, tell us within 30 days and why, and pay the part you don’t dispute. We’ll try to settle it quickly.

8.4 We may charge interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the service under section 11.

8.5 Monthly allowances (minutes, AI use, storage) don’t carry over unless your order says so.

9. Changes to these terms and our prices

9.1 We may change these terms, the other documents in section 1.3 or our prices. For a material change, we’ll email the owners of your Cohavo account at least 30 days before it takes effect and publish the new version on our website, with the date it takes effect.

9.2 If a change isn’t to your benefit, you can end the agreement, or stop using the affected part, without any extra charge, by telling us before the change takes effect.

9.3 We don’t need to give notice for changes that only benefit you, purely administrative changes, or changes the law requires straight away.

9.4 Every version of our policies, with what changed, is listed on our Legal page.

10. How long the agreement lasts, and ending it

10.1 The agreement runs month to month until either of us ends it.

10.2 You can end it by giving us 30 days’ notice in writing. We can end it by giving you 30 days’ notice in writing. You pay the charges up to the end of the notice period.

10.3 Either of us can end it straight away, in writing, if the other:

• seriously breaks it and, where it can be put right, doesn’t put it right within 30 days of being asked; or
• becomes insolvent, enters administration or liquidation, or stops trading.

10.4 We can end it, giving as much notice as we reasonably can, if you seriously or repeatedly break the Acceptable use policy, or if the law, a regulator or one of our suppliers requires it.

10.5 Where the law gives extra protection to small businesses (for example those with 10 or fewer workers) or not-for-profit organisations, such as a contract summary before you sign, we’ll follow it.

10.6 Section 15 (leaving and your data) applies when the agreement ends. Anything meant to continue after it ends does.

11. Suspension

11.1 We may suspend all or part of the service:

• straight away, if we reasonably need to, to stop fraud, a security incident, unlawful use or serious harm to our service or other customers;
• if an invoice is more than 14 days overdue and you haven’t paid within 7 days of us warning you in writing;
• if the law or a regulator requires it.

11.2 Where we can, we’ll tell you before suspending, suspend only what we need to, and restore the service as soon as the reason has gone.

11.3 Charges continue during a suspension caused by late payment or by you breaking this agreement.

12. Data protection and confidentiality

12.1 We both follow data protection law. When we handle personal data for you, the Data processing agreement applies. Our own use of personal data (for example your users’ sign-in records and your billing contacts) is described in our Privacy notice.

12.2 We each keep the other’s confidential information confidential and use it only for this agreement. This doesn’t cover information that’s public (not through a breach of this agreement), that the receiver already had or developed independently, or that the law or a regulator requires to be disclosed (where allowed, the receiver tells the other first).

12.3 We don’t use your data to train AI models, and we don’t sell it. What each AI supplier does with the data it receives is on our Subprocessors page.

13. Liability

13.1 Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for your obligation to pay the charges, or for anything else the law doesn’t allow to be limited.

13.2 Subject to 13.1, neither of us is liable for loss of profits, revenue, business, goodwill or anticipated savings, or for indirect or consequential loss.

13.3 Subject to 13.1 and 13.2, each of us is liable to the other for no more, in total, than the charges paid and payable under this agreement in the 12 months before the event that caused the claim.

13.4 We’re not liable for problems caused by your network, power or devices, by services you choose to connect, by how you set up Cohavo, or by you breaking the Acceptable use policy.

14. Ownership

14.1 We (or the people we license from) own Cohavo, its software and its documents. You may let your users use it for your own business while the agreement lasts.

14.2 You own your data. You allow us to store, process and send it only as needed to provide Cohavo and as the Data processing agreement allows.

14.3 Between us, AI output created from your data belongs to you.

14.4 We may use feedback you give us to improve Cohavo, without naming you.

15. Leaving, and your data

15.1 Before the agreement ends, ask us for a copy of your data and we’ll give it to you in common formats: recordings as audio files, and call history, contacts and other records as CSV or similar files. Help beyond that may be charged at the rates in your order.

15.2 We’ll co-operate with moving your numbers to a new provider (section 4.3).

15.3 Within 30 days after the agreement ends, we delete your server and storage, and with them your data. Our backups of it expire within the following 30 days, and we won’t restore from them except where the law requires. On request, we’ll confirm the deletion in writing.

15.4 We may keep what we need for legal, tax, accounting and dispute purposes (for example invoices and usage records), as described in our Privacy notice.

16. What we promise, and what we don’t

16.1 We both promise we have the authority to enter into this agreement.

16.2 We don’t promise that Cohavo will always be available or free of errors, or that AI output will be accurate. We don’t offer service levels or service credits unless your order says so.

16.3 Except as these terms say, terms implied by law are excluded as far as the law allows.

17. Events outside our control

Neither of us is liable for delays or failures caused by events outside our reasonable control, such as failures of phone carriers or national networks, power cuts, cyber attacks we couldn’t reasonably have prevented, or acts of government. The one affected must tell the other and do what it reasonably can to limit the effect. This doesn’t excuse paying the charges.

18. Complaints and disputes

18.1 If you’re unhappy with Cohavo or with us, please tell us: our Complaints page says how.

18.2 If a dispute isn’t settled that way, senior people from each of us will meet (online is fine) within 14 days to try to settle it.

18.3 This agreement is governed by the law of England and Wales, and its courts have exclusive jurisdiction.

19. General

19.1 Notices under this agreement go by email: to support@cohavo.io for us, and to the owners of your Cohavo account (or the contact in your order) for you.

19.2 Neither of us may transfer this agreement without the other’s agreement, which won’t be unreasonably refused. We may transfer it to whoever takes over our business, by telling you.

19.3 We may use subcontractors, and we stay responsible for them.

19.4 This agreement is everything we’ve agreed about its subject. Neither of us relies on anything not in it, but this doesn’t limit liability for fraud.

19.5 Nobody else has rights under the Contracts (Rights of Third Parties) Act 1999.

19.6 If part of this agreement is found invalid, the rest still applies. Not enforcing a right straight away doesn’t mean giving it up.

Schedule A: what each part of Cohavo includes

Your order says which parts you have.

Phone. Call queues, phone menus (IVR) with recorded or spoken prompts, warm and blind transfer, voicemail for each person (off until switched on) and for teams in phone menus, with messages on Call actions, call recording, pausing recordings during a call, live status, team leads listening in, call history and shared contacts. Apps for Mac, Windows and iPhone and in a web browser, and supported desk phones and paging devices. Recording is on by default and you choose who and what is recorded (see Recording and AI). Emergency calls: see section 5.

Desk. Shared and personal mailboxes where each email thread is a ticket, with status, owner and assignment, and signatures. Your domain needs the DNS records we give you (SPF, DKIM, DMARC), or a connected Microsoft 365 mailbox. We’re not responsible for email that doesn’t arrive because those records are missing or because of your own email provider. Desk is for one-to-one email, not bulk or marketing email.

Chat. A chat box for your website, with chats assigned to your team, transfers, saved replies and turning a chat into a ticket. An AI assistant can answer first if you switch it on. You’re responsible for your own website’s privacy and cookie notices (see Cookies).

AI. Call transcripts, call summaries and follow-ups, daily and weekly reports, live transcripts during calls, voice agents in phone menus, and help rewriting emails. When AI is in your order, call notes, follow-ups and reports are on by default; ask us to switch any of them off. AI output can be wrong (section 2.5).

Insights. Live dashboards, reports on answered, missed and waiting calls, and service-level targets that you set for your own queues (they’re your targets, not a promise from us). Alerts and summaries in Microsoft Teams, sent through your own Microsoft account.

Schedule B: pilots

If we agree a pilot, it lasts as long as we agree in writing and costs what we agree (it may be free). During a pilot we may use test numbers and limit use, and features may change. These terms apply to the pilot, except that you may stop at any time. If you don’t carry on afterwards, we delete the pilot server and its data within 30 days, after giving you a copy if you ask.