Sprout Terms of Service.
Last updated: 10 November 2026
1. About these terms
1.1 Sprout is provided by Fertile Frog Limited, trading as Fertile.Digital, a company registered in England and Wales with company number 08292824, whose registered office is 165 Garstang Road, Fulwood, Preston, PR2 3BH, VAT number GB 207 0855 17 (“Fertile”, “we”, “us”).
1.2 These terms apply to the organisation that orders Sprout (“you”). You are either an Agency, which provides Sprout to its own clients, usually under its own brand, or a Business, which uses Sprout for its own website. Where a term applies to only one, it says so.
1.3 The agreement between us is made up of: your Order; these terms; the data processing agreement in clause 13; and any document these terms refer to. If they conflict, that is the order of priority, except that the data processing agreement wins on data protection.
1.4 Sprout is for business use. You confirm you are acting in the course of a business and not as a consumer.
2. Words used in these terms
- Assistant: the AI assistant Sprout runs for a Client.
- Client: a business an Assistant is set up for. An Agency’s Clients are its own customers; a Business is its own Client.
- Content: the website pages, documents, written answers, branding and settings you or a Client provide to Sprout.
- Order: the order form, proposal or online sign-up that sets out what you are buying, the price and any special terms.
- Service: Sprout, as described in clause 3.
- Visitor: a person who uses an Assistant on a Client’s website, WhatsApp, text or phone number.
3. The Service
3.1 Sprout reads a Client’s own website and documents, and runs an Assistant that answers Visitors’ questions from that Content with links to its sources, takes enquiries and bookings and passes them to the Client’s own systems, and hands Visitors to the Client’s team when asked or when it cannot help. Depending on your Order it can also work on WhatsApp, text messages and phone calls, connect to a Client’s CRM or booking diary, and let a Client’s team reply live.
3.2 You manage the Service through a dashboard. Each figure in its reports is defined in the dashboard, under “How these are counted”.
3.3 Some features are optional and off until you switch them on, including keeping Visitors’ questions and retrying an enquiry that could not be delivered. Each has its own conditions, shown where you switch it on, and you must not switch one on for a Client that has not agreed to it.
3.4 The Service connects to services run by others when a Client chooses to use them (for example a CRM, a booking diary, WhatsApp, or a phone number provider). The Client needs its own account and agreement with each, and we are not responsible for them.
3.5 We may improve or change the Service. We will not make a change that materially reduces what you have ordered without giving you 30 days’ notice, unless the change is needed for security or to comply with the law.
4. Accounts and access
4.1 You decide who in your organisation, and at each Client, can sign in. You are responsible for what they do, for removing people who leave, and for keeping sign-in details and install keys safe.
4.2 Sign-in requires multi-factor authentication for agency staff. You must not share accounts or try to get around access controls.
4.3 Tell us promptly at support@fertile.digital if you think an account or key has been misused.
5. Your responsibilities
5.1 Content. You confirm that you, or the Client, have the right to use the Content with the Service, and that it is accurate, lawful and kept up to date. The Assistant answers from the Content: if the Content is wrong, the answers will be.
5.2 Checking the Assistant. Before an Assistant goes on a live website you will run the answer-quality check Sprout provides and review the results, and you will keep an eye on the reports and alerts Sprout sends.
5.3 Privacy. For each Client you will make sure that (a) there is a lawful basis for the Assistant handling Visitors’ information; (b) the Client’s privacy notice describes it, using or adapting the wording we provide; and (c) the notice that the Assistant shows to Visitors is not removed, hidden or contradicted.
5.4 Telling people it is an AI. The Assistant tells Visitors that it is an AI assistant and not a person. You must not remove, hide or contradict that statement, on any channel, or present the Assistant as a human.
5.5 Sensitive subjects. You will tell us before setting up an Assistant for a Client in health, recovery, legal, financial advice, or any other field where Visitors are likely to share sensitive personal information, and mark that Client as sensitive in Sprout. Some features are not available for those Clients.
5.6 Messaging and calls. Where a Client uses WhatsApp, text or phone, you will make sure its use complies with the rules of the providers involved and with the law on electronic communications, including the Privacy and Electronic Communications Regulations.
5.7 Where enquiries go. You are responsible for the destinations a Client gives Sprout for enquiries, bookings and handoffs, and for making sure someone acts on them. Sprout alerts you when a delivery fails; it cannot make a destination work.
6. Acceptable use
You must not, and must not allow anyone else to:
(a) use the Service for anything unlawful, deceptive, harassing or harmful;
(b) set an Assistant up to give medical, legal, financial or other regulated advice, or to make decisions about individuals that have legal or similarly significant effects;
(c) use the Service to send unsolicited marketing, or to contact people who have not asked to be contacted;
(d) upload Content you have no right to use, or Content containing personal information about people who would not expect it to be there;
(e) try to make the Assistant ignore its safeguards, reveal other customers’ information, or produce content unrelated to the Client’s business;
(f) probe, scan or test the security of the Service without our written agreement, interfere with it, or place an unreasonable load on it;
(g) copy, reverse engineer or build a competing service from it, except as the law allows regardless of these terms;
(h) resell or share the Service other than as these terms allow.
7. What the Assistant can and cannot do
7.1 The Assistant is an AI system. It is designed to answer only from the Client’s Content and to hand over to a person when the Content does not cover a question, and we test this continuously. Even so, it can misunderstand a question or give an answer that is incomplete or wrong.
7.2 The Assistant’s answers are not professional advice, and are not a statement, offer or promise made by Fertile. As between you and us, you are responsible for how each Client’s Assistant is presented and for the Client’s dealings with its Visitors.
7.3 You will make sure Visitors always have another way to reach the Client, and will not rely on the Assistant as the only route for anything urgent or safety-critical.
8. Limits and fair use
8.1 To protect every customer from abuse, faults and runaway costs, the Service applies limits, including limits on how fast questions can be asked, a daily limit on answers for each Client, a daily ceiling across the Service, and the allowances in your Order.
8.2 When a limit is reached the Assistant stops answering and gives Visitors the Client’s contact routes until the limit resets. We alert you when this happens. You can change a Client’s daily limit in its settings.
8.3 If your use is consistently well beyond what your Order allows, we will talk to you about moving to a suitable plan before taking any other step.
9. Fees and payment
9.1 You will pay the fees in your Order. Unless your Order says otherwise, these are (a) a fee for each active Client for each month, and (b) usage charges for texts sent, phone exchanges answered and WhatsApp conversations, at the cost to us plus the percentage in your Order.
9.2 We work out each month’s charges from Sprout’s own records after the month ends (United Kingdom calendar months), and the figures for a finished month do not change afterwards. The current month’s figures in the dashboard are an estimate.
9.3 We invoice monthly in arrears. Invoices are payable on receipt. All fees exclude VAT, which you will pay in addition.
9.4 If a payment is late we may charge interest under the Late Payment of Commercial Debts (Interest) Act 1998, and after 14 days’ written notice we may suspend the Service until it is paid.
9.5 We may change our fees on 60 days’ written notice, taking effect no earlier than the end of any minimum term in your Order. If you do not accept a change you may end the agreement before it takes effect.
9.6 Any period described as a pilot or trial in your Order is charged as your Order says, and either of us may end it at any time on written notice.
10. If you are an Agency
10.1 You may provide the Service to your Clients under your own name and brand, at prices you choose. While the agreement lasts, and for 12 months after it ends, we will not approach your Clients to sell the Service to them directly. This does not stop us dealing with a Client that approaches us, or that was already our customer.
10.2 You are responsible for your Clients: for your agreement with each of them, for supporting them, for what they do with the Service, and for their compliance with clauses 5 and 6.
10.3 Your agreement with each Client must (a) pass on clauses 5, 6 and 7; (b) allow you to use us, and the companies we use, to provide the Service, on data protection terms at least as protective as ours; and (c) make no promise about the Service on our behalf that these terms do not make.
10.4 Your own brand, product name, colours and web addresses appear in the dashboard, reports and the Assistant. We will not show our name to your Clients or their Visitors unless you choose to. You confirm you have the right to use the brand materials you give us.
10.5 If you use your own web addresses for the Service, you are responsible for the domain names and their settings.
11. Who owns what
11.1 We and our licensors own the Service and everything in it other than Content. These terms give you a right to use the Service while the agreement lasts, and nothing more.
11.2 You, or the Client, own the Content. You give us permission to use it only to provide the Service to you: to read and index it, to produce answers from it, and to show it in the dashboard and reports.
11.3 We do not use Content, or anything Visitors say, to train AI models, and the AI providers we use are not permitted to either.
11.4 If you give us ideas or feedback about the Service we may use them freely.
11.5 We may use anonymous, combined figures about how the Service is used (which identify no Client and no person) to run, improve and describe it.
12. Confidentiality
Each of us will keep the other’s confidential information confidential, use it only for the agreement, and share it only with people who need it and are bound by similar obligations. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law. This clause continues after the agreement ends.
13. Data protection
13.1 Each of us will comply with the data protection law that applies to it.
13.2 For Visitors’ personal information, the Client is the controller. If you are a Business, we are your processor. If you are an Agency, you are the Client’s processor and we are your sub-processor. The data processing agreement we provide with your Order applies and forms part of this agreement.
13.3 For the personal information of your own and your Clients’ staff who sign in, we are a controller, and our privacy notice applies.
14. Availability, support and security
14.1 We will provide the Service with reasonable skill and care and aim to keep it available at all times, but we do not promise it will be uninterrupted or free of faults. Any service levels are set out in your Order.
14.2 We will tell you in advance of planned maintenance that is likely to affect Visitors, where we reasonably can.
14.3 Support is available at support@fertile.digital, Monday to Thursday 9am to 5pm and Friday 9am to 3:30pm, United Kingdom time. We aim to reply within one working day, and to look at anything that stops an Assistant working on the same day. If you are an Agency, you provide support to your own Clients and we support you.
14.4 We will tell you without undue delay if we become aware of a security incident affecting your or your Clients’ information, as set out in the data processing agreement.
14.5 Features we describe as beta, preview or pilot are provided as they are, may change or be withdrawn, and are excluded from any service levels.
15. Suspension
We may suspend all or part of the Service, for you or for one Client, if (a) we reasonably believe it is being used in breach of clause 6, or in a way that puts the Service, other customers or Visitors at risk; (b) the law requires it; or (c) clause 9.4 applies. We will tell you first where we reasonably can, suspend no more than is needed, and restore the Service as soon as the reason has gone.
16. How long the agreement lasts and how it ends
16.1 The agreement starts on the date in your Order and continues from month to month until either of us ends it by giving 30 days’ written notice. There is no minimum term unless your Order sets one.
16.2 Either of us may end the agreement at once by written notice if the other (a) commits a serious breach and, where it can be put right, does not do so within 14 days of being asked; or (b) becomes insolvent or stops trading.
16.3 When the agreement ends, or when you remove a Client: the Assistant stops; you will remove the install code from the Client’s website; and we will delete that Client’s information within 30 days, as set out in the data processing agreement. Before then you can save each Client’s report and download your billing statements.
16.4 Ending the agreement does not affect fees already due, or any clause that is meant to continue.
17. What we promise, and what we do not
17.1 We promise that we have the right to provide the Service and that we will provide it as described in clause 14.1.
17.2 Apart from what these terms say, and as far as the law allows, we give no other promise or warranty about the Service, including about the accuracy of the Assistant’s answers, the number or quality of enquiries it produces, or its fitness for a particular purpose.
18. Liability
18.1 Nothing in the agreement 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.
18.2 Subject to clause 18.1, neither of us is liable to the other for loss of profit, revenue, business or goodwill, for loss of anticipated savings, or for any indirect or consequential loss.
18.3 Subject to clause 18.1, our total liability to you under or in connection with the agreement, however it arises, is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.
18.4 Clauses 18.2 and 18.3 do not limit your obligation to pay the fees.
19. Claims by others
19.1 You will compensate us for claims made against us by a Client, a Visitor or anyone else arising from the Content, from your or a Client’s breach of clauses 5, 6 or 10, or from how a Client’s Assistant was presented or used.
19.2 We will compensate you for claims that your use of the Service, as these terms allow, infringes someone else’s intellectual property rights. This does not cover claims about Content or about what an Assistant says on the basis of Content.
20. General
20.1 Events outside our control. Neither of us is liable for a failure caused by something beyond its reasonable control, including the failure of a third-party provider.
20.2 Changes to these terms. We may update these terms. We will give you 30 days’ notice of a change that materially affects you. If you do not accept it you may end the agreement before it takes effect.
20.3 Transfer. Neither of us may transfer the agreement without the other’s written consent, which must not be unreasonably withheld, except that we may transfer it to a company in our group or to a buyer of the Sprout business.
20.4 Whole agreement. The agreement is the whole agreement between us about the Service and replaces anything said or written before. Neither of us has relied on anything not set out in it. Nothing in this clause limits liability for fraud.
20.5 Notices. Notices must be in writing and sent by email to the address in your Order, and to hello@fertile.digital for us, with a copy by post to our registered office for any notice ending the agreement or starting a claim.
20.6 Other people’s rights. Nobody other than you and us has rights under the agreement. If you are an Agency, your Clients have no rights against us under it.
20.7 Waiver and severance. A delay in enforcing a right is not a waiver. If part of the agreement is found unenforceable, the rest stays in force.
20.8 Law and courts. The agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.