PickedUp Terms & Conditions

Last Updated: 15 December 2025

These Terms & Conditions ("Terms") govern your use of the PickedUp mobile application and related services (together, the "App") operated by OpenLabs Engineering, Queens Dock Business Centre, 83 Norfolk St, Liverpool L1 0BG ("Company", "we", "our" or "us"). By downloading, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the App.

1. The Service

1.1 The App provides an AI‑assisted call handling service designed for professionals and small businesses. In summary, the App allows you to:

(a) configure call forwarding from your own mobile number to a number we or our providers assign to you;

(b) have inbound calls answered by an AI voice agent on your behalf;

(c) receive transcripts, recordings (if enabled), summaries, and classifications (for example, lead likelihood, urgency, or suspected spam); and

(d) manage your call inbox and, where configured, send transactional SMS follow‑ups to callers on your behalf.

1.2 We may update or modify features from time to time. We may also offer trials or promotional access (for example, a free period or free minutes) which are subject to these Terms unless expressly stated otherwise.

1.3 Statutory Rights. Nothing in these Terms affects your statutory rights as a consumer under applicable law, including the Consumer Rights Act 2015.

2. Eligibility and Account

2.1 You must be at least 18 years old and capable of entering into a binding agreement to use the App. By using the App, you represent and warrant that you meet these requirements.

2.2 You must provide accurate and current information when creating your account and keep it up to date. You are responsible for keeping your login details secure and for all activity under your account.

2.3 If you become aware of any unauthorised use of your account, you must notify us as soon as reasonably possible using the contact details in section 19.

3. Telephony, Call Forwarding, and Caller Consent

3.1 Call Forwarding. The App relies on your mobile network's call forwarding settings and other telephony features. You may need to configure call forwarding or similar features using functions provided by your mobile network or device. You are solely responsible for configuring and verifying call forwarding, and for any charges imposed by your carrier or other third parties. Network behaviour and availability may vary by provider, location, and device. Any call‑forwarding status shown in the App is informational only and may be incomplete or delayed.

3.2 No Emergency Use. The App is not a telephone service and does not support access to emergency services (for example, 999/112). You must not use the App for emergency or life‑critical purposes or in situations where failure or delay could result in injury, harm, or damage.

3.3 Call Recording, Transcription, and AI Agent. If you enable call handling, inbound calls may be recorded and/or transcribed and handled by an AI voice agent. You are responsible for providing any legally required notices and obtaining all required permissions or consents from callers (including, where required, in relation to recording, the use of AI, and any follow‑up communications) and for complying with all applicable laws, regulations, and regulatory guidance, including UK GDPR, PECR, and Ofcom rules.

3.4 SMS to Callers. If you configure the App to send follow‑up links or transactional SMS, we may send such messages on your behalf via our telecommunications and messaging providers. You must ensure that any SMS or other communication you instruct us to send is lawful, that you have a lawful basis to contact the caller, and that messages are not direct marketing unless you (as controller) have obtained valid consent and otherwise comply with applicable law.

3.5 Number Assignment. We or our providers may assign you a telephone number to use with the App. We do not guarantee availability, quality, or continuity of any number. Numbers may be subject to rate limits, usage limits, or other restrictions, and may be reclaimed or reassigned (for example, if you stop using the service or your subscription ends). Assigned numbers are not portable.

3.6 Device Permissions. Certain features may request optional permissions such as Contacts (to display caller names) and Notifications (to alert you to new calls). You can grant or revoke these at any time in your device settings; some features may be limited or unavailable if permissions are disabled.

4. Acceptable Use

4.1 You must use the App in a lawful, responsible manner and in accordance with these Terms. You agree that you will not:

(a) use the App for unlawful, harmful, deceptive, harassing, or abusive activity;

(b) use the App to make or facilitate spam, nuisance calls, unlawful telemarketing, or unsolicited marketing communications;

(c) input or solicit special categories of personal data or other highly sensitive data unless you have a lawful basis and comply with all applicable requirements;

(d) use the App in relation to minors or to target children;

(e) attempt to circumvent or interfere with security or access controls, reverse engineer, decompile, or otherwise tamper with the App; or

(f) use the App for high‑risk or emergency purposes where failure could cause significant harm.

4.2 We may suspend or terminate your access to the App if we reasonably believe you have breached this section or any other material term of these Terms.

5. Subscriptions, Trials, and Payments

5.1 Certain features of the App are made available on a paid subscription basis. Subscription purchases are processed via third‑party app stores such as the Apple App Store or Google Play Store, or via their in‑app purchase mechanisms. The applicable fees, billing period, and any included usage (for example, minutes) will be displayed in the App or in the relevant store listing at the time of purchase.

5.2 Billing, renewals, and cancellations are handled by the relevant app store, and their terms and conditions apply in addition to these Terms. Subscriptions will typically renew automatically at the end of each billing period unless you cancel renewal through the relevant store's account settings before the renewal date.

5.3 We do not process payments directly and cannot issue refunds for purchases made through app stores. Any refunds are subject to and managed under the policies of the Apple App Store, Google Play Store, or other relevant platform.

5.4 We may offer free trials or promotional periods. Unless otherwise stated, if you do not cancel before the end of the trial, the subscription will convert to a paid subscription and the applicable fees will be charged by the relevant app store.

5.5 We may change subscription prices, packages, or included usage from time to time. Where required by law or store rules, we will provide notice of any material changes. If you do not wish to continue after a change, you should cancel your subscription before the change takes effect.

5.6 Your mobile network or other third parties may charge usage, data, or call forwarding fees in connection with the App, which are your sole responsibility.

6. AI Outputs and Accuracy

6.1 The App uses artificial intelligence and other automated systems to handle calls and to generate transcripts, summaries, classifications, and other outputs. These outputs may be inaccurate, incomplete, out of date, or otherwise imperfect and may not reflect all of the content of a call.

6.2 AI outputs do not constitute professional advice or recommendations. You are responsible for reviewing outputs and exercising independent judgment before acting on them. You remain responsible for the decisions you make based on information provided by the App.

7. Intellectual Property; Licence

7.1 We (or our licensors) own all rights, title, and interest in and to the App, including all software, text, graphics, logos, and other content, except for your own content and data. All rights not expressly granted are reserved.

7.2 Subject to these Terms, we grant you a revocable, non‑exclusive, non‑transferable licence to use the App for your own internal business or professional purposes. You may not copy, modify, distribute, host, resell, or create derivative works of the App, or attempt to access or use it in ways not expressly permitted by these Terms.

8. Feedback and Confidentiality

8.1 Feedback. If you provide feedback, suggestions, or ideas about the App, you grant us a perpetual, irrevocable, worldwide, royalty‑free licence to use and exploit that feedback for any purpose without obligation to you.

8.2 Confidentiality. Non‑public technical and performance information about the App is our confidential information. You agree not to disclose such information to any third party without our prior written consent.

9. Privacy and Data Roles

9.1 Our processing of personal data is described in our Privacy Policy, which is incorporated by reference into these Terms. Please read it carefully.

9.2 Controller vs Processor. For your own account and operational data (for example, your profile and usage data), we act as a data controller. For caller and call data that you process via the App, you are the controller and we act as your processor, processing such data on your documented instructions. You are responsible for ensuring you have a lawful basis to process caller data, providing all required notices, obtaining necessary consents, and honouring data subject rights.

10. Push Notifications and Device Settings

10.1 The App may send push notifications (for example, to notify you of new calls or status updates). Notifications may appear on your device lock screen or in other locations where they may be visible to others. You are responsible for configuring your device and operating system privacy settings and for controlling who can view notifications on your device.

11. Availability, Changes, Support, and Account Deletion

11.1 The App is provided "as is" and "as available". We do not guarantee that it will be uninterrupted or error‑free. Features may change or be removed at any time.

11.2 We may suspend, throttle, or terminate access to the App (in whole or in part), for example for maintenance, security, misuse, or legal reasons. Where reasonably possible, we will provide notice of material changes or interruptions.

11.3 Support is provided on a reasonable efforts basis only. We do not guarantee any particular response time or outcome.

11.4 You can delete your account at any time via App → Settings → Account → Delete Account. If you cannot access the App, you may email us as described in the Privacy Policy. Account deletion is subject to legal retention requirements as described in our Privacy Policy.

12. Liability

12.1 Nothing in these Terms limits or excludes liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; damage to a device or digital content caused by our failure to use reasonable care and skill; or any other liability that cannot be limited by law. Your statutory rights remain unaffected.

12.2 To the fullest extent permitted by law, we exclude all implied warranties and conditions, including those of satisfactory quality and fitness for a particular purpose, in relation to the App (without affecting your statutory rights).

12.3 Subject to section 12.1, we will not be liable for:

(a) loss of profits, revenues, business, or goodwill;

(b) loss or corruption of data;

(c) indirect or consequential loss;

(d) telecommunication network failures, carrier‑specific behaviour, or third‑party service outages; or

(e) actions you take (or fail to take) in reliance on AI outputs.

12.4 Subject to section 12.1, our total aggregate liability arising out of or relating to these Terms will not exceed the greater of £100 or the total amounts you paid to us (if any) in the 12 months preceding the event giving rise to the claim.

13. Indemnity

13.1 You will indemnify and hold us harmless from any claims, losses, and expenses (including reasonable legal fees) arising from or related to:

(a) your breach of these Terms;

(b) your violation of any applicable law (including PECR, Ofcom rules, or UK GDPR) or telecommunication policies;

(c) your failure to provide required caller notices or obtain necessary consents; or

(d) your misuse of assigned numbers, messaging, call recording, or AI features.

14. Termination; Data and Numbers

14.1 You may stop using the App at any time and may delete your account as described in section 11.4.

14.2 We may suspend or terminate your access to the App immediately for any reason, including for actual or suspected breach of these Terms, misuse, or where required by law or a competent authority.

14.2A If you fail to make any payment when due, we will provide you with a period of 10 days from the original due date (the "Cure Period") to make the outstanding payment in full. If you do not pay the outstanding amount in full within the Cure Period, we may suspend your access to the App (including any associated services) until all overdue amounts are paid. Once payment is received, we may reinstate access, but we do not guarantee immediate restoration and we are not responsible for any loss or disruption resulting from the suspension.

14.3 On termination or after a period of inactivity, any numbers assigned to you may be detached or reclaimed, and call forwarding will cease. We may retain or delete data in accordance with our Privacy Policy and internal retention policies. You may request deletion of your data, subject to legal and operational limitations.

15. Export Controls and Sanctions

15.1 You represent and warrant that you are not prohibited from receiving the App under applicable export control or sanctions laws and will not use the App in violation of such laws.

16. Governing Law and Jurisdiction

16.1 These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any disputes, except that consumers resident in the UK may benefit from mandatory local protections and the jurisdiction of their local courts where applicable.

17. Assignment; Third‑Party Terms; Miscellaneous

17.1 You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets, upon notice to you.

17.2 The App may interoperate with third‑party services that are subject to their own terms. You are responsible for your compliance with any such terms.

17.3 These Terms constitute the entire agreement between you and us regarding your use of the App. If any provision is found to be unenforceable, the remaining provisions will remain in full effect. No waiver of any term will be implied by a party's delay or failure to exercise a right. Neither party will be liable for any delay or failure to perform due to events beyond its reasonable control.

18. Changes to Terms; Notices

18.1 We may update these Terms from time to time, for example to reflect changes in law or improvements to the App. We will notify you of material changes, for example via in‑app messages or email. Your continued use of the App after changes take effect constitutes your acceptance of the updated Terms.

19. Contact

19.1 For any questions about these Terms or the App, please contact us at ryan@openlabs-eng.com or sam@openlabs-eng.com.

20. Platform Terms (Apple App Store and Google Play)

20.1 Acknowledgement. These Terms are between you and OpenLabs Engineering only, not Apple Inc. ("Apple") or Google LLC ("Google"). OpenLabs Engineering, not Apple or Google, is solely responsible for the App and its content.

20.2 Scope of Licence (iOS). The licence granted in section 7 is limited, non‑transferable, and non‑sublicensable to use the App on any Apple‑branded products that you own or control and as permitted by the Apple Media Services Terms and the Apple Standard EULA. If these Terms conflict with the Apple Standard EULA for iOS users, the Apple Standard EULA controls to the extent of the conflict.

20.3 Maintenance and Support. OpenLabs Engineering is solely responsible for providing any maintenance and support services with respect to the App. Apple and Google have no obligation to furnish any maintenance or support services for the App.

20.4 Warranty. To the maximum extent permitted by law, OpenLabs Engineering provides the App "as is" as described in section 12. Apple and Google have no warranty obligations whatsoever with respect to the App.

20.5 Product Claims. OpenLabs Engineering is solely responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including:

(i) product liability claims;

(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation. Apple and Google are not responsible for such claims.

20.6 Intellectual Property. In the event of a third‑party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, OpenLabs Engineering (not Apple or Google) will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.

20.7 Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

20.8 Developer Name and Contact. OpenLabs Engineering, Queens Dock Business Centre, 83 Norfolk St, Liverpool L1 0BG. Support: ryan@openlabs-eng.com or sam@openlabs-eng.com.

20.9 Third‑Party Beneficiary (iOS). You acknowledge and agree that Apple and Apple's subsidiaries are third‑party beneficiaries of these Terms as they relate to your licence of the App on iOS, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third‑party beneficiary.