Terms of Service

1. Acceptance of Terms

By accessing and using Inclusive Capture ("the Service"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use the Service. These terms apply to all users, including event organisers and participants.

2. Description of Service

Inclusive Capture is an event management platform that enables event organisers to create events, collect participant registrations, and generate reports on event demographics. The Service facilitates data collection for inclusive event planning and reporting.

3. User Accounts

3.1 Registration

To use the Service as an event organiser, you must:

• Provide accurate and complete registration information
• Verify your email address
• Maintain the security of your account credentials
• Notify us immediately of any unauthorised access

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You must not share your account credentials with others or allow unauthorised access to your account.

4. Event Organiser Obligations

As an event organiser, you agree to:

• Provide accurate and complete event information
• Ensure you have appropriate consent and authority to collect participant data
• Comply with all applicable data protection laws (UK GDPR, Data Protection Act 2018)
• Use participant data only for legitimate event management purposes
• Not use the Service for illegal, harmful, or fraudulent purposes
• Respect participant privacy and handle sensitive demographic data appropriately

4.1 Data Controller Responsibilities and Third-Party Sharing

Under UK GDPR, you are the data controller for all participant data collected for your events. We act as a data processor, processing data on your behalf.

Third-Party Sharing: If you share participant data with any third parties (vendors, sponsors, partners, etc.), you are solely responsible for ensuring such sharing complies with UK GDPR, including obtaining necessary consents and ensuring third parties also comply with data protection laws.

Our Liability: Inclusive Capture is not responsible for any third-party sharing of participant data by you. Any breach of data protection laws arising from your third-party sharing is your sole responsibility. You agree to indemnify us against any claims arising from such sharing.

4.2 Special Category Data

Participant data may include special category data (e.g., health data, ethnicity) under UK GDPR. As the data controller, you are solely responsible for ensuring you have the appropriate legal basis and any required explicit consent for processing such data.

We process special category data only as a data processor on your behalf. We are not responsible for determining the legal basis or ensuring you have obtained appropriate consent.

5. Participant Registration

When registering participants for events:

• You must have appropriate authority and consent to provide participant information
• You warrant that all information provided is accurate and complete
• You understand that participant data will be shared with the event organiser
• You agree to provide data in accordance with applicable data protection laws

6. Payment Terms

If payment features are enabled:

• All fees are stated in GBP and are exclusive of VAT unless otherwise stated
• Subscriptions are billed annually in advance and automatically renew unless cancelled
• By subscribing, you authorise us to charge your payment method for the initial fee and subsequent annual renewals
• We reserve the right to change pricing with 30 days' notice
• Refunds are subject to our refund policy (see section 7)

7. Refund and Cancellation Policy

For subscription services:

• Cancellation: You may cancel your subscription at any time by contacting us at info@inclusivecapture.co.uk. Cancellation takes effect at the end of your current billing period, and your subscription will not renew.
• Refunds: Refund requests will be considered on a case-by-case basis within 14 days of initial payment. No refunds are provided for partial subscription periods or unused services.
• Failed payments: If payment fails, we may suspend your subscription. You are responsible for maintaining a valid payment method.
• Event registration fees (if applicable) are non-refundable unless the event is cancelled by the organiser

8. Intellectual Property

8.1 Our Content

All content, features, functionality, design, code, algorithms, user interface, and software of the Service are the exclusive property of Inclusive Capture and are protected by UK and international copyright, trademark, and other intellectual property laws.

Prohibited Activities: You are strictly prohibited from:

• Copying, reproducing, or duplicating any part of the Service, including its features, functionality, design, or code
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code or underlying ideas of the Service
• Creating derivative works, competing services, or similar applications based on the Service or its features
• Extracting, scraping, or systematically collecting information about the Service's functionality, features, or implementation
• Using the Service to develop, test, or benchmark competing products or services

Trade Secrets: The Service contains proprietary information, trade secrets, and confidential information of Inclusive Capture. Any unauthorised use, copying, or disclosure of such information is strictly prohibited and may result in legal action.

8.2 Your Content

You retain ownership of content you upload (events, documents, participant data). By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your content solely for the purpose of providing the Service.

9. Prohibited Uses

You must not use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Copy, replicate, or create derivative works based on the Service, its features, code, or functionality
• Reverse engineer, decompile, or attempt to extract the source code or underlying algorithms of the Service
• Use the Service to develop, test, or create competing products or services
• Transmit harmful, offensive, or illegal content
• Attempt to gain unauthorised access to the Service
• Interfere with or disrupt the Service
• Collect data without appropriate consent
• Use the Service for discriminatory purposes
• Impersonate others or provide false information

10. Data Protection and Privacy

Your use of the Service is subject to our Privacy Policy. As set out in section 4.1, you are the data controller for participant data and are solely responsible for compliance with UK GDPR, including:

• Obtaining appropriate legal basis and consent for data processing
• Complying with all legal requirements when sharing participant data with third parties
• Ensuring appropriate legal basis for processing special category data (health, ethnicity, etc.)
• Responding to data subject rights requests and reporting data breaches where required

We process participant data as a data processor on your behalf. These Terms, together with our Privacy Policy, constitute a data processing agreement under UK GDPR Article 28. We are not responsible for your compliance with data protection laws as a data controller.

11. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or unforeseen circumstances. We are not liable for any loss or damage resulting from service interruptions.

12. Limitation of Liability

To the maximum extent permitted by law:

• We provide the Service "as is" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid for the Service in the 12 months preceding the claim
• We do not exclude or limit liability for death or personal injury caused by negligence, fraud, or other matters that cannot be excluded by law

13. Termination

13.1 By You

You may terminate your account at any time by contacting us or using account deletion features (if available).

13.2 By Us

We may suspend or terminate your account immediately if you:

• Violate these Terms of Service
• Copy, reverse engineer, or create derivative works based on the Service (see section 8.1)
• Engage in fraudulent or illegal activity
• Fail to pay required fees (if applicable)
• Misuse the Service or participant data

IP Violations: Any violation of our intellectual property rights (including copying, reverse engineering, or creating competing services) will result in immediate termination of your account and may result in legal action seeking injunctive relief, damages, and recovery of legal costs.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or platform notice. Continued use of the Service after changes constitutes acceptance of the new terms.

15. Governing Law and Jurisdiction

These Terms are governed by English law. Any disputes will be subject to the exclusive jurisdiction of the English courts.

16. Contact Information

For questions about these Terms, please contact us:

Email: info@inclusivecapture.uk
Address: 39 High Street, Puddletown, Dorset, United Kingdom, DT2 8RT