Legal

Terms & Conditions

Last updated: 3 June 2026  ·  DaveBrain AI Telephony, Bristol, UK

Contents

  1. Parties & Agreement
  2. Services
  3. AI & Automated System Disclosure
  4. Pricing & Call Charges
  5. Billing & Payment
  6. Cancellation
  7. Data Protection & GDPR
  8. Call Handling & Recording
  9. SMS Communications
  10. Liability
  11. Governing Law
  12. Contact

1. Parties & Agreement

These Terms and Conditions ("Terms") form a legally binding agreement between DaveBrain AI Telephony ("DaveBrain", "we", "us", "our"), operated by David Knight, Bristol BS14 9BL, and the business or individual ("Client", "you") purchasing our AI telephony services.

By signing up for, or continuing to use, DaveBrain services, you confirm that you have read, understood, and agree to these Terms in full.

2. Services

DaveBrain provides AI-powered telephone receptionist services to UK businesses. The service includes:

Service configuration takes place within 48 hours of onboarding. We reserve the right to modify or improve the service at any time, provided we give reasonable notice of any material changes that affect pricing or functionality.

3. AI & Automated System Disclosure

Important: All calls handled by DaveBrain are answered by an artificial intelligence system, not a human. Your customers are informed of this at the start of every call.

The AI assistant is powered by third-party providers including OpenAI and ElevenLabs. The assistant is configured to represent your business professionally but operates autonomously within the parameters we set.

DaveBrain does not guarantee that the AI will handle every call perfectly. Complex or unusual queries may be transferred to a human (via the Press 0 option) or the caller may be advised to call back.

As the Client, you accept responsibility for ensuring that the information we configure the AI with (business name, services, opening hours, pricing) is accurate and kept up to date by notifying us of any changes.

4. Pricing & Call Charges

4.1 Platform Fee

The monthly platform fee is £49.99 per business. This covers the setup, maintenance, and hosting of your AI receptionist service and business website.

4.2 Call Charges

Calls are charged at a flat rate of 4 pence (£0.04) per minute for all inbound and outbound calls, including SMS-triggered calls. Call charges are in addition to the monthly platform fee.

ItemRate
Monthly platform fee£49.99/month
All calls (inbound & outbound)4p per minute
SMS confirmations to customersIncluded
UK phone numberIncluded
SetupIncluded

4.3 Billing Example

A business receiving 300 calls averaging 2 minutes each in a month would incur call charges of 300 × 2 × £0.04 = £24.00, giving a total monthly bill of £73.99.

4.4 Price Changes

We will give at least 30 days' written notice (by email) of any changes to the platform fee or per-minute call rate.

5. Billing & Payment

Invoices are issued monthly. Payment is due within 14 days of the invoice date. We accept bank transfer and other payment methods as agreed at onboarding.

Call charges for the previous month are itemised on each invoice. We calculate charges based on actual call duration as recorded by our telephony platform.

In the event of non-payment, we reserve the right to suspend the service after 7 days' notice. Repeated non-payment may result in termination of the agreement.

6. Cancellation

There is no minimum contract period. Either party may cancel the agreement with 30 days' written notice sent by email.

Upon cancellation:

7. Data Protection & GDPR

7.1 Data Controller Relationship

In respect of your customers' personal data, you (the Client) are the Data Controller and DaveBrain acts as a Data Processor on your behalf. We process personal data only as necessary to deliver the service.

7.2 What Data We Process

The AI telephony service may collect and process the following personal data from your customers during calls:

We do not collect payment card information, national insurance numbers, or any special category data as defined under UK GDPR Article 9.

7.3 Data Retention

Booking data is automatically purged from our systems 7 days after the appointment or booking date. This automated purge runs daily. We do not retain caller data beyond this period unless required by law.

7.4 AI Disclosure to Callers

In compliance with UK GDPR and ICO guidance on automated decision-making, every caller is informed at the start of the call that they are speaking with an AI assistant. Callers are always offered the option to speak to a human by pressing 0.

7.5 SMS & GDPR

SMS booking confirmations sent to customers include a "Reply STOP to opt out" instruction and a brief GDPR notice. Customers who opt out will not receive further SMS messages from that business's AI assistant.

7.6 Third-Party Processors

We use the following third-party sub-processors in delivering the service:

Each provider maintains their own GDPR-compliant data processing agreements. Data is processed within the UK or EEA where possible, or under appropriate transfer mechanisms (Standard Contractual Clauses) where it is not.

7.7 Your Rights

Under UK GDPR, your customers have rights including the right to access, rectify, or erase their personal data. If a customer contacts you exercising these rights, please inform us promptly so we can assist. You can contact us at [email protected].

7.8 Data Breach Notification

In the event of a personal data breach affecting your customers' data, we will notify you without undue delay and no later than 72 hours after becoming aware of the breach, so you can fulfil your obligations as Data Controller to notify the ICO where required.

8. Call Handling & Recording

Calls are answered and processed by an AI system. DaveBrain does not routinely record calls. Transcripts of conversations may be generated temporarily for the purpose of AI processing and are not retained beyond the session.

The "Press 0" feature transfers callers to a human number nominated by the Client. DaveBrain is not responsible for the handling of calls once transferred.

Call quality depends on factors including caller network quality, third-party AI provider uptime, and telephony infrastructure. We aim for high availability but do not guarantee 100% uptime. Planned maintenance will be communicated in advance where possible.

9. SMS Communications

Automated SMS messages are sent to customers when a booking or appointment is confirmed. These messages include the booking details, a GDPR opt-out instruction, and the DaveBrain service identifier.

SMS messages are sent via Twilio using the dedicated UK mobile number associated with your service. SMS costs are included in the monthly platform fee for standard confirmation messages.

You must not use the DaveBrain SMS capability to send unsolicited marketing messages. Any such misuse may result in immediate termination of the service.

10. Liability

DaveBrain's total liability to you in any 12-month period shall not exceed the total fees paid by you to DaveBrain in that period.

DaveBrain shall not be liable for:

Nothing in these Terms limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

11. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.