Terms of Service

1.1 These terms govern your use of TotalPath and any related websites, APIs, SDKs and support (the "Service"). The Service is provided by Nopaque Limited, a company registered in England and Wales with company number 12996971, whose registered office is at 86-90 Paul Street, London, England, EC2A 4NE ("Nopaque", "we", "us").

1.2 "You" means the business or organisation that creates a workspace, and anyone who uses the Service on its behalf. The Service is for business use only. By creating an account or using the Service, you confirm that you are authorised to accept these terms for that organisation.

1.3 If you and we have signed a separate written agreement or order form for the Service, that agreement takes precedence where it conflicts with these terms.

2.1 You must give accurate information when registering and keep it up to date.

2.2 You are responsible for everything done under your account and workspace, including by anyone using your credentials or API keys. Keep them secure and tell us promptly at info@nopaque.co.uk if you think they have been compromised.

2.3 You are responsible for the users you invite to your workspace and for their compliance with these terms.

3.1 TotalPath places real telephone calls and voice sessions into systems you specify, and records, transcribes and analyses them in order to test, map and load-test those systems.

3.2 We may improve, change or withdraw features from time to time. If we remove a feature that is material to a paid plan, we will give you reasonable notice.

3.3 Features marked as beta, preview or early access are provided for evaluation. They may change or stop without notice.

3.4 We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. Unless we agree otherwise in writing, the Service carries no service-level commitment.

4.1 You must only direct the Service at telephone numbers, voice agents, IVRs and other systems that you own or operate, or that you have written authorisation from the owner to test in the way you instruct, including at the volume and concurrency you configure.

4.2 You must not use the Service to call emergency numbers, premium-rate numbers, or members of the public, or to make unsolicited, nuisance or marketing calls.

4.3 You are responsible for making sure your use of the Service complies with the laws that apply to you, including telecommunications, call-recording and consent laws in the places you call to and from.

5.1 The Service is designed to be used with test systems and synthetic data. You must not use the Service to access, collect, store or transmit:

• (a) protected health information as defined under the US Health Insurance Portability and Accountability Act (HIPAA), or other health data about real individuals;
• (b) payment card data covered by the PCI DSS standard, such as real card numbers or security codes;
• (c) special category personal data or criminal offence data as defined under UK GDPR; or
• (d) any other real personal data of your customers or patients, beyond what is unavoidably incidental to testing (for example, the voice of your own staff or of a synthetic test persona).

5.2 You must configure the systems under test so that the Service only encounters non-production environments or synthetic test records, test accounts and test card numbers. This includes making sure that the numbers we call from are not linked to real customer records in the systems under test.

5.3 Nopaque does not act as a business associate under HIPAA, or as a service provider under PCI DSS, for data within clause 5.1. We have not agreed to handle such data. You must not provide it to us.

5.4 If we become aware that the Service has captured data within clause 5.1, we may suspend the affected tests, delete the relevant recordings, transcripts and derived data, and notify you.

You must not:

• (a) use the Service for anything unlawful, harmful or fraudulent;
• (b) attempt to access other customers' data, or probe, scan or attack the Service or our infrastructure, except under a responsible-disclosure arrangement agreed with us in writing;
• (c) copy, modify, reverse engineer or build a competing product from the Service, except as the law expressly permits;
• (d) get around usage limits, rate limits or plan restrictions, or share accounts to avoid fees; or
• (e) resell the Service, or provide it to third parties, without our written agreement.

7.1 Plans, included usage and usage-based rates are shown on our pricing page. The free plan is provided at no charge within its stated limits, and we may change or withdraw it.

7.2 Paid subscriptions are billed monthly in advance, and usage is billed as shown on our pricing page or in your workspace, through our payment processor. Subscriptions renew automatically each month until cancelled.

7.3 Fees are exclusive of VAT and other applicable taxes, which you must pay where relevant.

7.4 If a payment fails, we may suspend paid features or the account until payment is made.

7.5 We may change prices by giving you at least 30 days' notice. The change takes effect from your next billing period after the notice period ends.

7.6 Except where the law requires otherwise, fees are non-refundable, including for partial months.

8.1 "Customer Data" means the configurations, test definitions, recordings, transcripts, results and other content that you submit or that the Service generates for you. You own your Customer Data.

8.2 You give us a licence to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service, and to comply with the law.

8.3 We do not use Customer Data to train third-party AI models. We may use aggregated, anonymised usage statistics that do not identify you or any individual to operate and improve the Service.

8.4 Call recordings are kept for 90 days and are then deleted. Transcripts, test results and metadata are kept while your account is active.

8.5 You can delete your workspace and its Customer Data from within the Service at any time, and you can ask for an export by emailing info@nopaque.co.uk. After your account ends, we will delete Customer Data within 30 days, except where we must keep it to comply with the law. Deletion from backups follows our normal backup rotation.

9.1 For the personal data of your users that we collect to run your account and bill you, we act as controller, as described in our Privacy Policy and Cookie Policy.

9.2 Where Customer Data includes personal data (despite clause 5, some incidental personal data, such as staff voices, may be captured), we process it as your processor. In that case we will:

• (a) process it only on your documented instructions, which are these terms and your use of the Service, unless the law requires otherwise;
• (b) make sure our personnel are bound by confidentiality;
• (c) apply appropriate technical and organisational security measures;
• (d) use sub-processors (cloud hosting, telephony, speech and AI processing, email and support tooling, and payments) only under written terms that give equivalent protection, and give you notice of new sub-processors on request;
• (e) help you, where reasonably possible, to respond to data-subject requests and meet your security, breach-notification and impact-assessment obligations;
• (f) notify you without undue delay after becoming aware of a personal data breach affecting that data;
• (g) delete it in accordance with clause 8.5; and
• (h) make available the information reasonably necessary to demonstrate compliance with this clause 9.2.

9.3 Where personal data is transferred outside the UK, we rely on appropriate safeguards as described in our Privacy Policy.

Each party will keep the other's non-public business and technical information confidential, and use it only for the purposes of these terms. This does not apply to information that is or becomes public without fault, that the recipient already knew or independently developed, or that must be disclosed by law.

11.1 We own the Service and all intellectual property in it. These terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is active. They do not transfer any ownership.

11.2 If you give us feedback or suggestions, we may use them without restriction or payment to you.

We will not use your name, logo or trademarks in marketing, or identify you as a customer, without your prior written consent.

13.1 We will provide the Service with reasonable skill and care.

13.2 Apart from that, and to the extent the law allows, the Service is provided "as is". We make no other warranties, express or implied, including about fitness for a particular purpose.

13.3 The Service helps you test your systems. It does not guarantee that those systems are free of defects, compliant, or able to handle any given load. Decisions you make based on test results are your responsibility.

14.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

14.2 Subject to clause 14.1, neither party is liable for any loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss.

14.3 Subject to clauses 14.1 and 14.4, each party's total liability arising out of or in connection with these terms in any 12-month period is limited to the greater of (a) the fees you paid to us in the 12 months before the event giving rise to the claim and (b) £100.

14.4 Clauses 14.2 and 14.3 do not limit your liability to pay fees, or your liability under clause 15.

You will indemnify us against claims, losses and reasonable costs arising from:

• (a) your use of the Service against systems or numbers you were not authorised to test (clause 4); or
• (b) your submission of prohibited data (clause 5).

16.1 You can cancel at any time from your workspace settings. Cancellation takes effect at the end of the current billing period.

16.2 We may suspend or end your access immediately if you materially breach these terms (including clauses 4, 5 or 6), if you fail to pay, or if your use creates a security, legal or operational risk. Where reasonable, we will give you notice and a chance to fix the problem first.

16.3 We may end the Service for any account on at least 30 days' notice. If you have prepaid for a period after the end date, we will refund that amount.

16.4 Clauses 5.3, 8.5, 10, 11, 14, 15 and 18, and any unpaid fees, survive termination.

We may update these terms from time to time. For material changes, we will give you at least 30 days' notice by email or in the Service. If you continue to use the Service after changes take effect, you accept them. If you do not agree, you can cancel under clause 16.1.

18.1 Neither party is liable for delay or failure caused by events beyond its reasonable control.

18.2 You may not assign or transfer these terms without our consent. We may assign them to a successor of our business.

18.3 These terms, together with any agreement referred to in clause 1.3, are the entire agreement between us about the Service.

18.4 No one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

18.5 If any provision is found to be unenforceable, the rest remains in effect.

18.6 These terms, and any dispute arising from them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

18.7 Contact: info@nopaque.co.uk