United Kingdom · CAP Code 3.26 · SaaS & info products
Free trial vs money-back offer under UK CAP — landing-page literacy
SaaS pricing pages, course checkout modules, and app-store landers often headline free trial while the payment form collects card details on day one. Published CAP guidance treats that as a different commercial offer from a genuine free trial. This guide is claim-register habit — not ASA clearance, not legal advice, and not subscription-law advice.
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What CAP 3.26 says
CAP Code section 3, rule 3.26, states:
Marketers must not use the term “free trial” to describe “satisfaction or your money back” offers or offers for which a non-refundable purchase is required.
The distinction is commercial risk for the consumer:
- Free trial — no upfront payment; consumer tries the product or service and cancels before any charge.
- Money-back offer — payment is required; consumer may request a refund if dissatisfied (subject to your returns/refund process).
Calling a paid checkout a “free trial” when CAP would read it as a money-back offer is a misleading-advertising literacy flag under rules 3.1 and 3.3 — inventory the line; do not assume clearance because the word “free” appears in the hero.
Where the conflation appears on UK landing pages
- Hero: “Start your free trial” above a pricing table that charges immediately.
- Checkout: Card capture on step one with “free trial” in the order summary.
- Course / info-product pages: “Try free for 30 days — full refund if not satisfied” with upfront payment.
- App marketing sites: “No-risk free trial” beside “£X today, cancel anytime” — the risk profile differs from a true trial.
Pair this check with money-back guarantee literacy when the page also promises “100% satisfaction” or hidden restocking fees.
Inventory habit: classify the offer before publish
- Read the checkout path — is payment required before the consumer uses the product?
- Match the label — if payment is upfront, CAP 3.26 literacy says do not call it a “free trial”; use “money-back offer”, “30-day refund policy”, or similar accurate wording with limitations stated upfront (rule 3.54).
- Log a Claim Register row — Claim: “Free trial”; Risk: “Upfront payment required; CAP 3.26 conflation”; Evidence: checkout screenshot + refund-process documentation or revised copy.
- Re-scan after pricing edits — Site Watch re-crawls nominated URLs weekly when hero or checkout modules change.
Claim Register row template
| Claim | Risk | Evidence | CAP note |
|---|---|---|---|
| “Start free trial” | Card charged at signup; not a CAP free trial | Hold: checkout flow showing charge timing OR relabel to money-back offer with refund terms upfront | Rule 3.26; rules 3.1 / 3.3 if misleading |
| “Try free — money back if not satisfied” | Conflates trial and guarantee | Hold: refund-process proof (see CAP 3.55 literacy) OR split into two accurate lines | Rules 3.26, 3.53–3.55 |
See claim register agency template for the full four-column habit.
FAQ
Does a card-on-file trial count as a free trial?
If no charge is taken until the consumer fails to cancel, published CAP materials often treat that as closer to a genuine trial — but the wording and cancellation steps must be clear. If payment is taken on signup, inventory it as a money-back offer, not a free trial.
Does CiteBefore provide DMCCA or subscription-law clearance?
No. We inventory advertising claims on landing pages. Subscription-regulation and consumer-contract questions are out of scope.
More guides
Informational only. Not ASA clearance. Not legal advice.