Terms and Conditions

Effective Date: 22 September 2025
Last Updated: 22 September 2025

These Terms, published by Alpacap, set out the terms and conditions upon which you may use the Alpacap Service (as defined below).

1. Definitions

“Alpacap”, “we”, “us”, “our” means Alpacap Limited, a company registered in England and Wales (Company No. 15894953), with its registered office at 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom.

“Customer”, “you”, “your” means the business customer entering into these Terms, being a foodservice operator (including restaurants, cafés, caterers, takeaways, hotels, virtual brands and other foodservice businesses).

“Services” means the software-as-a-service platform and related services provided by Alpacap, including but not limited to: financial performance reporting, open banking integrations, point-of-sale (POS) integrations, invoice processing using optical character recognition (OCR), benchmarking insights, and related support.

“Customer Data” means all data, content, and information inputted into or made available to the Services by you (including but not limited to POS data, financial transaction data, invoices, receipts, usage data, and account details).

“Aggregated Data” means data derived from Customer Data that has been combined with other data and rendered anonymised so that no individual business or natural person can be identified.

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2. Agreement to Terms

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

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3. Services

‍Provision of Services. Alpacap shall make the Services available to you in accordance with these Terms.

Integrations. The Services may include integrations with third-party systems, including banking providers via Open Banking, POS providers, and OCR invoice-processing tools. You authorise Alpacap to access and process Customer Data through such integrations solely for the purpose of providing the Services.

Changes to Services. Alpacap may enhance or modify the Services from time to time, provided such changes do not materially reduce the functionality of the Services.

Availability. Alpacap will use reasonable endeavours to ensure the availability of the Services, but does not guarantee uninterrupted or error-free operation.

Regulated Account Information Services. Certain elements of the Services involve access to your bank account information. Alpacap acts as an agent of Plaid Financial Ltd., an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number: 804718). Plaid provides you with regulated account information services through Alpacap as its agent.

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4. Fees and Payment

Fees. You shall pay all fees for the Services in accordance with Alpacap’s pricing set out on its website or agreed in writing. Fees are exclusive of VAT and other applicable taxes, which shall be your responsibility.

Payment Terms. Fees are payable in advance for each subscription period, unless otherwise agreed. Payment shall be made by the method specified by Alpacap.

Non-Payment. If you fail to pay fees when due, Alpacap may suspend access to the Services until payment is made. Interest may accrue on overdue amounts at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998.

No Refunds. Except as required by law, fees are non-refundable.

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5. Customer Responsibilities

Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.

Data Accuracy. You must ensure that Customer Data supplied is complete, accurate, and up to date. The accuracy of the insights generated by the Services depends on the accuracy of the Customer Data.

Lawful Use. You must not use the Services in any unlawful manner or in breach of applicable laws, including data protection, financial services, or consumer laws.

Acceptable Use. You shall not:

(a) attempt to copy, modify, or reverse engineer the Services;
(b) resell, sublicense, or otherwise exploit the Services for the benefit of a third party (other than within your own business);
(c) upload or transmit malicious code;

(d) attempt to gain unauthorised access to the Services.

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6. Data Use and Privacy

Ownership. You retain ownership of all Customer Data.

Licence. You grant Alpacap a worldwide, non-exclusive, royalty-free licence to use, process, store, and transmit Customer Data solely as necessary to provide the Services.

Aggregated Data. Alpacap may generate Aggregated Data and use it for research, benchmarking, analytics, and improving the Services, provided such data is anonymised and does not identify you or any individual.

Privacy Policy. Processing of personal data is subject to Alpacap’s Privacy Policy (as updated from time to time), which forms part of these Terms.

Sub-Processors. Alpacap may engage third-party processors to support the provision of Services, subject to appropriate contractual safeguards.

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7. Confidentiality

Each party shall keep confidential all information of the other party disclosed in connection with these Terms, save where disclosure is required by law, regulation, or court order.

Confidentiality obligations shall survive termination of these Terms.

8. Warranties and Disclaimers

Mutual Warranties. Each party warrants that it has the power and authority to enter into these Terms.

Alpacap Disclaimer. The Services are provided “as is” and “as available”. Alpacap disclaims all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.

No Advice. Insights and reports generated by the Services are for informational purposes only. Alpacap does not provide accounting, legal, or financial advice.

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9. Limitation of Liability

Exclusion. To the maximum extent permitted by law, Alpacap shall not be liable for:

(a) loss of profits, revenues, or goodwill;
(b) loss of data;
(c) indirect, incidental, or consequential damages.

Cap. Alpacap’s total liability arising out of or relating to these Terms shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.

Exceptions. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

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10. Term and Termination

Term. These Terms commence on the Effective Date and continue until terminated.

Termination by You. You may terminate by giving written notice to Alpacap or by cancelling your subscription in accordance with the platform instructions.

Termination by Alpacap. Alpacap may suspend or terminate your access to the Services if you breach these Terms, fail to pay fees, or if required by law.

Effect of Termination. Upon termination:

(a) your right to access the Services ceases immediately;
(b) Alpacap will retain Customer Data for a limited period in accordance with its Privacy Policy, after which it shall be deleted or anonymised;

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11. Governing Law and Jurisdiction

These Terms and any disputes arising out of them shall be governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

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12. Contact

For any questions regarding these Terms, please contact:
Alpacap Limited
9th Floor, 107 Cheapside, London, EC2V 6DN
Email: help@alpacap.com

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Schedule 1 – Data Processing Agreement (DPA)

This Data Processing Agreement (“DPA”) forms part of the Alpacap Terms and Conditions between Alpacap Limited (“Processor”) and the Customer (“Controller”).

1. Subject Matter and Duration

The Processor shall process personal data on behalf of the Controller for the purpose of providing the Services described in the Terms and Conditions.
Processing shall continue for the duration of the Controller’s subscription to the Services, unless otherwise required by law.

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2. Nature and Purpose of Processing

Nature: collection, storage, analysis, transfer, and deletion of data.

Purpose: to deliver financial insights, reporting, benchmarking, and integrations (including POS, banking, and invoice OCR).

3. Categories of Data Subjects and Personal Data

Data Subjects: may include the Controller’s employees, suppliers, contractors, and customers whose personal data appears in POS transactions, bank data, or invoices.

Personal Data: may include names, contact details, financial identifiers, transaction information, supplier and customer details, and any other data uploaded or connected by the Controller.

4. Obligations of the Processor

The Processor shall:

Process personal data only on documented instructions from the Controller, unless required by law.
Ensure persons authorised to process personal data are bound by confidentiality.
Implement appropriate technical and organisational security measures to protect data.
Assist the Controller in responding to data subject requests (e.g. access, rectification, erasure).
Assist the Controller in ensuring compliance with data protection obligations relating to security, breaches, data protection impact assessments, and consultations with regulators.
At the Controller’s choice, delete or return all personal data after the end of processing, unless retention is required by law.
Make available information necessary to demonstrate compliance and allow for audits by the Controller (on reasonable notice).

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5. Subprocessing

The Controller authorises the Processor to engage sub-processors to deliver the Services (such as cloud hosting, OCR providers, and analytics providers).
The Processor shall ensure that sub-processors are bound by equivalent data protection obligations.
The Processor shall provide notice of new sub-processors via its website or customer communications, giving the Controller the opportunity to object.

6. International Transfers

Where personal data is transferred outside the UK/EEA, the Processor shall ensure that appropriate safeguards are in place, such as adequacy regulations or standard contractual clauses.

7. Liability

Each party’s liability under this DPA is subject to the limitations of liability set out in the Terms and Conditions.

8. Governing Law

This DPA shall be governed by and construed in accordance with the laws of England and Wales.

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