Terms of Service
Terms of Service
for Capable
Last updated: 18th of Nov 2025
These Terms of Service (“Terms”) govern access to and use of the Capable service provided by Capable Agents AB, reg. no. 559504-0444, a company incorporated in Sweden (“Capable”, “we”, “us”, “our”).
By creating an account, signing an order, or otherwise using the Service, you agree to these Terms on behalf of the organisation you represent (“Customer”, “you”). You represent that you have authority to bind that organisation to these Terms.
If you do not agree to these Terms, do not use the Service.
1. The Service
1.1 Description of the Service
Capable provides a business-to-business Software-as-a-Service platform and related managed configuration services that offer a library of AI-powered “agents” for go-to-market (GTM) teams. These agents can be cloned, configured and adapted to Customer’s business, and may be accessed via a chat-style interface or delivered manually by Capable’s team (for example through curated reports, prompts or playbooks) while the self-service platform is being developed and rolled out (the “Service”).
1.2 Early access and managed delivery
During the initial stages of the roadmap, some or all parts of the Service may be provided as managed or manually implemented agents, where Capable’s team configures, runs and iterates agents on Customer’s behalf. As the platform evolves, more functionality may become self-service. Capable does not guarantee the release or timing of any specific future feature.
1.3 AI providers and infrastructure
The Service may use third-party infrastructure and AI providers (for example large language model providers, hosting and data storage providers) to process Customer Data and generate outputs. Details of our current sub-processors and AI providers are described in our security and compliance documentation, our data processing agreement, or are made available upon request.
1.4 Business use only
The Service is intended for use by businesses and organisations only. It is not designed for consumer use or for individuals acting outside a business or professional context.
2. Accounts and Access
2.1 Registration
To use the Service, Customer may be asked to create an account and provide accurate and complete information. Customer is responsible for keeping this information up to date.
2.2 Authorised users
Customer may authorise employees and other individuals acting on its behalf to access the Service (“Authorised Users”). Customer is responsible for all use of the Service by its Authorised Users and must ensure they comply with these Terms.
2.3 Account security
Customer must maintain the confidentiality of login credentials and promptly notify Capable if it becomes aware of any unauthorised access or use of its accounts.
3. Subscriptions, Pilots, Fees and Credits
3.1 Subscriptions and Agents
Access to the Service is provided on a subscription basis. Fees are typically based on:
the number and tier of AI agents enabled or delivered under Customer’s account; and
any usage-based credits consumed when running specific actions or intensive workloads in the Service (“Credits”).
The specific commercial terms (agents, tiers, prices, commitment period) are set out in an order form, subscription page or similar document agreed between the parties (“Order”).
3.2 Credits
Credits purchased or allocated to Customer may be subject to usage or time limits, as specified in the Order or in the Service. Unless otherwise stated, unused Credits expire at the end of the relevant validity period and are not refundable.
3.3 Pilot programs and roadmap implementations
Capable may offer a time-limited pilot or evaluation of the Service, for example a pilot including one Level 1 agent for one month (“Pilot”). During a Pilot, Capable may deliver the Service mainly as a managed or manually implemented agent (for example, Capable runs analyses and provides outputs to Customer) as part of the Product roadmap.
Unless otherwise stated, Pilots are provided free of charge or at reduced fees, on an “as is” basis, and may be terminated by either party at any time.
3.4 Implementation and configuration services
Any implementation, configuration, prompt design, workflow setup or similar services that Capable performs to help Customer get value from agents are considered part of the Service under these Terms, unless the Order specifies separate professional services terms.
3.5 Fees and payment
Customer will pay the fees specified in the applicable Order. Unless otherwise agreed:
fees are invoiced in advance for subscription periods and in arrears for usage-based fees;
invoices are due within 30 days of the invoice date;
all fees are exclusive of VAT and other applicable taxes, which will be added where required.
3.6 Changes to fees
Capable may adjust fees or pricing models for future renewal terms. Capable will inform Customer in advance of any such changes. If Customer does not agree to the new fees, Customer may choose not to renew the subscription.
3.7 No refunds
Except where required by law or expressly stated otherwise in an Order, fees paid are non-refundable.
4. Customer Responsibilities and Acceptable Use
4.1 Customer responsibilities
Customer is responsible for:
providing accurate and lawful input data and context for agents;
the accuracy, quality, and legality of Customer Data;
reviewing Outputs before relying on them;
ensuring that its use of the Service complies with applicable laws and these Terms.
4.2 Acceptable use
Customer must not, and must ensure that Authorised Users do not:
use the Service for any unlawful, harmful, fraudulent or misleading purpose;
attempt to gain unauthorised access to the Service or related systems;
interfere with or disrupt the integrity or performance of the Service;
reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by law;
use the Service to send spam or unsolicited communications;
use the Service to build or train a competing product or service based on systematic or automated scraping of Outputs or underlying prompts and configurations.
4.3 Prohibited data types
Customer must not input, upload or otherwise process through the Service:
payment card data that is subject to PCI-DSS (e.g. complete credit card numbers, CVV codes);
any data that is classified as a “special category” of personal data under the GDPR, including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for identification, health data, or data concerning a natural person’s sex life or sexual orientation;
personal data of children under the age where parental consent is required, unless explicitly agreed in writing;
any data that Customer is not legally permitted to share with Capable or its sub-processors.
If Customer is unsure whether certain data is appropriate to process via the Service, Customer should contact Capable before doing so.
4.4 High-risk uses
The Service is not designed for use in safety-critical or other high-risk environments where incorrect or delayed outputs could lead to death, personal injury, or significant physical or environmental damage. Customer must not use the Service in such contexts.
5. Customer Data and Privacy
5.1 Customer Data
“Customer Data” means data that Customer or its Authorised Users submit or provide to the Service or to Capable in connection with the Service, including content, prompts, CRM exports, configurations and usage data relating to Customer’s use of the Service.
5.2 Ownership of Customer Data
As between the parties, Customer retains all right, title and interest in and to Customer Data. Capable does not claim ownership of Customer Data.
5.3 Licence to provide the Service
Customer grants Capable a non-exclusive, worldwide, royalty-free licence to host, copy, process and use Customer Data solely to:
provide, maintain and improve the Service (including managed implementations);
prevent or address technical or security issues;
comply with law and enforce these Terms.
5.4 Privacy and data protection
Capable will process personal data in Customer Data in accordance with:
Capable’s Privacy Policy, as updated from time to time; and
where Capable acts as a processor on behalf of Customer, a Data Processing Agreement (DPA) entered into between the parties.
In case of conflict between these Terms and the DPA regarding processing of personal data, the DPA will prevail.
6. AI Outputs and Use of Third-Party Providers
6.1 AI-generated outputs
The Service may generate outputs based on Customer prompts and Customer Data (“Outputs”), whether delivered via the UI or manually as part of a managed implementation. Customer is responsible for reviewing and evaluating Outputs before using them in its business.
6.2 No professional advice
Outputs may be inaccurate, incomplete or outdated, and are generated automatically. They are not a substitute for professional advice (legal, financial, compliance or otherwise). Customer must not rely on Outputs as the sole basis for important decisions.
6.3 Third-party AI providers
Capable may use third-party AI providers to generate Outputs. Capable will enter into appropriate agreements with such providers and use commercially reasonable efforts to ensure that these providers offer safeguards appropriate to the nature of Customer Data processed.
Capable will configure such providers, where possible, not to use Customer Data to train or improve their public models. If Capable uses a provider where this is not possible, this will be described in Capable’s data processing and AI provider documentation or otherwise communicated to Customer.
6.4 Use of Outputs
Subject to these Terms and payment of all applicable fees, Capable grants Customer a non-exclusive, worldwide licence to use Outputs generated from Customer’s use of the Service for Customer’s internal business purposes. This licence is subject to Customer’s compliance with applicable law and any third-party rights that may apply to the underlying input data.
7. Intellectual Property
7.1 Capable IP
Capable retains all right, title and interest in and to:
the Service, including software, algorithms, models (excluding third-party models), prompts, configurations, playbooks, interfaces and documentation; and
all related intellectual property rights,
in each case excluding Customer Data and Outputs to the extent described in clause 6.4.
7.2 Customer licence
Subject to these Terms and payment of the applicable fees, Capable grants Customer a non-exclusive, non-transferable, non-sublicensable right for Authorised Users to access and use the Service during the subscription term, solely for Customer’s internal business purposes.
7.3 Feedback
If Customer or its users provide feedback, suggestions or ideas regarding the Service (“Feedback”), Capable may use such Feedback without restriction or obligation, provided that Capable does not identify Customer as the source of the Feedback without consent.
8. Confidentiality
8.1 Confidential information
“Confidential Information” means non-public information disclosed by one party to the other, whether in written, oral or electronic form, that is designated as confidential or that reasonably should be understood to be confidential from the context.
8.2 Obligations
Each party will:
use the other party’s Confidential Information only as necessary to perform its obligations under these Terms;
protect the other party’s Confidential Information using at least reasonable care;
not disclose the other party’s Confidential Information to any third party, except to its employees, contractors and advisors who need to know it and are subject to confidentiality obligations no less protective than these Terms.
8.3 Exceptions
The confidentiality obligations do not apply to information that:
is or becomes publicly known through no fault of the receiving party;
was lawfully known to the receiving party before disclosure;
is received from a third party without breach of any duty; or
is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
8.4 Required disclosure
A party may disclose the other party’s Confidential Information when required by law or a binding order of a court or authority, provided it (where legally permitted) gives the other party prompt notice and cooperates with reasonable efforts to limit the scope of disclosure.
9. Security
9.1 Capable’s security measures
Capable will maintain reasonable technical and organisational measures appropriate to the nature of the Service and Customer Data, as further described in Capable’s security and compliance documentation. These measures are designed to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access.
9.2 Customer’s security responsibilities
Customer is responsible for:
implementing appropriate access controls for its Authorised Users;
protecting its login credentials;
configuring the Service in line with its own security requirements;
ensuring that any Customer systems or integrations interacting with the Service are appropriately secured.
9.3 Security incidents
In the event of a personal data breach or other significant security incident affecting Customer Data, Capable will:
notify Customer without undue delay after becoming aware of the incident;
provide information reasonably requested to help Customer meet its legal obligations;
take reasonable steps to mitigate the effects and prevent recurrence.
10. Term and Termination
10.1 Term
These Terms apply from the earlier of (a) the date Customer first accepts them or (b) the date Customer first accesses or benefits from the Service (including Pilot or managed implementations), and continue until all subscriptions and Pilots under these Terms have ended.
10.2 Subscription term
The initial subscription term and any renewal terms are specified in the applicable Order. Unless otherwise stated, subscriptions renew automatically for successive periods equal to the initial term unless either party gives notice of non-renewal at least 30 days before the end of the then-current term.
10.3 Termination for convenience
Unless otherwise agreed in the Order, Customer may terminate its subscription:
by giving 30 days’ written notice to Capable, or
effective at the end of the current billing period,
whichever is specified in the Order or subscription settings. Fees already paid are not refundable.
10.4 Termination for cause
Either party may terminate these Terms or an affected subscription with immediate effect by written notice if:
the other party commits a material breach of these Terms and fails to remedy it within 30 days of receiving written notice; or
the other party becomes insolvent, enters into bankruptcy or similar proceedings.
10.5 Suspension
Capable may temporarily suspend access to the Service if:
Customer fails to pay undisputed fees when due; or
Capable reasonably believes that Customer’s use of the Service poses a risk to the security, availability or integrity of the Service or violates these Terms.
Capable will, where reasonably practicable, provide notice before suspension and limit the suspension in scope and duration as reasonably possible.
11. Effects of Termination
11.1 Access and use
Upon termination or expiry of a subscription:
Customer’s right to access and use the Service will cease; and
Capable may disable Customer’s account, subject to any agreed post-termination access period.
11.2 Data export
During the subscription term, and for a limited period after termination as specified by Capable or agreed in the Order, Customer may export Customer Data from the Service using the available export features or by contacting Capable. After this period, Capable may delete or anonymise Customer Data in accordance with its retention and deletion policies.
11.3 Survival
Clauses that by their nature are intended to survive termination will continue to apply, including but not limited to clauses on fees (to the extent unpaid), confidentiality, intellectual property, limitations of liability and governing law.
12. Warranties and Disclaimers
12.1 Service warranty
Capable will provide the Service with reasonable skill and care and will use commercially reasonable efforts to maintain availability of the Service, subject to planned maintenance and unforeseen outages.
12.2 No SLA, especially in early-stage and Pilot use
Unless expressly agreed in an Order or separate SLA, Capable does not guarantee a particular uptime level or response time. This is especially the case for early-stage, Pilot and roadmap implementations, which may change quickly and may experience interruptions.
12.3 Disclaimer
To the maximum extent permitted by law, the Service, Outputs and any beta, early access, Pilot or experimental features are provided “as is” and “as available”, and Capable disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. Limitation of Liability
13.1 Exclusion of certain damages
To the maximum extent permitted by law, neither party will be liable to the other for:
loss of profit, revenue, business, or anticipated savings;
loss or corruption of data (except to the extent caused by breach of the DPA or Capable’s gross negligence or wilful misconduct);
indirect, consequential, special or punitive damages,
even if the party has been advised of the possibility of such damages.
13.2 Cap on liability
Except for (a) Customer’s payment obligations and (b) liability that cannot be limited under applicable law, each party’s total aggregate liability arising out of or relating to these Terms will be limited to the fees paid by Customer to Capable for the Service during the twelve month period preceding the event giving rise to the claim.
13.3 Local law
Nothing in these Terms limits or excludes liability for gross negligence, wilful misconduct, or any liability that cannot be limited or excluded under applicable mandatory law.
14. Indemnity
Customer will indemnify and hold harmless Capable from and against any third-party claims, damages and expenses (including reasonable legal fees) arising out of or in connection with:
Customer’s use of the Service in breach of these Terms;
Customer’s violation of applicable law; or
Customer Data or Outputs, including any allegation that the use of Customer Data in accordance with these Terms infringes third-party rights.
15. Changes to the Service and these Terms
15.1 Changes to the Service
Capable may modify the Service from time to time, for example to improve functionality or security, or to move from managed/manual implementations to self-service features. If Capable makes a change that materially reduces core functionality, it will notify Customer in advance where reasonably practicable.
15.2 Changes to these Terms
Capable may update these Terms from time to time. Capable will notify Customer of material changes, for example via the Service, email or website. Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes. If Customer does not agree, Customer may terminate its subscription with effect from the date the changes take effect.
16. Governing Law and Dispute Resolution
16.1 Governing law
These Terms, and any dispute arising out of or in connection with them, are governed by the laws of Sweden, without regard to its conflict of law principles.
16.2 Disputes
Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by the courts of Sweden, with Stockholm District Court as the court of first instance, unless mandatory law provides otherwise.
17. Miscellaneous
17.1 Assignment
Customer may not assign or transfer its rights or obligations under these Terms without Capable’s prior written consent. Capable may assign its rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of its assets.
17.2 Independent contractors
The parties are independent contractors. These Terms do not create any partnership, joint venture or agency relationship.
17.3 Entire agreement
These Terms, together with any applicable Orders, the Privacy Policy and any DPA between the parties, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements relating to the Service.
17.4 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17.5 No waiver
Failure or delay by either party to enforce any provision of these Terms will not be deemed a waiver of that provision.
17.6 Notices
Notices under these Terms must be in writing and sent by email or other agreed method. Capable may send notices to the email address associated with Customer’s account. Customer may send notices to Capable at:
Capable Agents AB
Email: hello@capable.run