Terms of Service

In these Terms:

• “We”, “us”, “our” — Cuppacard Ltd, the operator of BookMyBays.
• “BookMyBays”, “the Platform” — the software-as-a-service booking and access control platform available at bookmybays.com.
• “Venue” — an independent leisure, sport, or activity business (for example a golf simulator centre, darts or axe throwing venue, escape room, or pool hall), wherever it is located, that has registered an account and uses the Platform to manage bookings.
• “Customer” — an individual who makes a booking with, or purchases a gift card from, a Venue through the Platform.
• “Consumer” — an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession.
• “Subscription” — the recurring fee paid by a Venue for access to the Platform.
• “Booking” — a confirmed reservation made via the Platform of a bay, lane, room, table, session, lesson, event place, or other bookable resource.
• “Gift Card” — a prepaid credit purchased through the Platform and redeemable against a Venue's services.
• “Integration” — any optional connection between the Platform and a third-party system, service, or hardware, including door access and entry control providers.

BookMyBays is an online booking and access control platform for independent leisure and activity venues, including golf simulator centres, darts, axe throwing, escape rooms, pool halls, and similar businesses, in the United Kingdom and elsewhere. We provide tools that allow Venues to accept online bookings, manage schedules for their bays, lanes, rooms, and other bookable resources, control access, and communicate with their Customers.

We act as a software provider to Venues. The contract for any individual booking is directly between the Customer and the Venue. We are not a party to that contract and are not responsible for the quality, safety, or availability of the facilities, activities, or services provided by the Venue.

To use BookMyBays as a Venue you must:

• Be a legitimate business operating or intending to operate leisure, sport, or activity facilities that take bookings.
• Provide accurate registration information including your business name, contact details, and bank account details for payment.
• Keep your account credentials secure — including passwords, API keys, access-control codes, and any devices used to access the Platform. You are responsible for all activity that occurs under your account. Where multi-factor authentication is available, we strongly recommend you enable it.
• Notify us immediately at [email protected] if you suspect your account or credentials have been compromised.
• Be 18 years of age or older.

Customers must be at least 18 years of age; a booking for a person under 18 must be made by a parent or guardian on their behalf.

We may refuse any application for an account at our discretion, and we reserve the right to refuse or suspend any account that we believe is operating in bad faith, in violation of these Terms, or in a way that may harm Customers or other users.

Bookings made through the Platform are confirmed immediately upon payment. Venues are responsible for maintaining accurate availability on their booking calendar.

If a Venue needs to cancel or amend a confirmed booking, they must do so as far in advance as possible and ensure any affected Customers are notified promptly and refunded in full where applicable.

We are not liable for losses arising from a Venue's cancellation, overbooking, or failure to honour a confirmed booking.

Venues using the Platform agree to:

• Comply with all laws that apply in the country or countries where they operate and where their Customers are located, including consumer protection, health and safety, licensing, tax, and data protection legislation.
• Ensure their facilities, equipment, and activities are safe, insured, and fit for the purpose advertised.
• Process Customer refunds promptly where entitled.
• Not use the Platform to conduct any fraudulent, deceptive, or harmful activity.
• Maintain appropriate safeguarding policies if their facilities may be used by children.

We are a company based in England and Wales and the Platform is built with UK requirements in mind. If you operate outside the United Kingdom, you are responsible for checking that the Platform, and the way you configure it (including prices, taxes, currencies, cancellation policies, Venue Documents, and marketing consents), meets the legal requirements that apply to you locally. We do not give advice on the law of any country.

Access to the Platform is provided on a subscription basis. Subscription fees are billed monthly in advance. Payments are processed securely via Stripe.

Subscription fees are based on the number of bays, lanes, rooms, or other bookable resources configured at your venue, charged at the rates set out on our pricing page as published from time to time. The rates published at the start of a billing period govern what you pay for that period. Venues operating 35 or more bookable resources should contact us for a custom quote.

If the number of bookable resources at your venue changes, your Subscription fee adjusts to match from your next billing period. Resources added part-way through a billing period may be charged pro rata.

Subscription prices are quoted and charged in pounds sterling (GBP) and are exclusive of VAT or any other sales tax where applicable. If you are based outside the United Kingdom, you are responsible for any currency conversion charges applied by your bank or card issuer, and for accounting for any VAT, GST, sales tax, or similar tax that is due in your country (including under any reverse-charge mechanism).

Subscriptions renew automatically at the end of each billing period. You may cancel at any time via your account settings; cancellation takes effect at the end of the current billing period and no partial refunds are issued for unused time.

If a Subscription payment fails, we will notify you and retry payment. If payment remains outstanding 14 days after the due date, we may suspend your access to the Platform (including your public booking page) until payment is made, and may terminate your account if payment remains outstanding 30 days after the due date. Suspension does not relieve you of the obligation to pay fees accrued.

Changes to fees. We may change our fees at any time and at our sole discretion. This includes the Subscription rate, the way that rate is calculated or structured, the platform fees described in clause 7, the price of any optional add-on, and which features are included in the Subscription as standard rather than charged separately.

Where a change increases the fees payable by an existing Venue, we will give at least 30 days' written notice by email or via the Platform, and the change takes effect from the start of your next billing period after that notice period ends. Fee reductions, new optional add-ons you choose to enable, and promotional or discounted rates may take effect immediately.

If you do not accept a change to your fees you may cancel your Subscription before it takes effect, in which case you will not be charged at the new rate; cancellation takes effect at the end of your current billing period. Continued use of the Platform after the change takes effect constitutes acceptance of the new fees. Nothing in these Terms obliges us to maintain any particular price, pricing structure, or bundle of included features for any period, and pricing shown on our website, in marketing material, or in correspondence reflects our current rates rather than a fixed price guaranteed for the duration of your Subscription.

Customer payments for bookings are processed through Stripe Connect. Funds are paid by the Customer directly into the Venue's connected Stripe account, subject to Stripe's terms of service and Stripe Connected Account Agreement. Customer payments are taken in the currency the Venue selects, and Stripe's availability, fees, and supported payment methods vary by country. We act solely as a technology platform that facilitates the booking and payment flow; we are not a party to the payment, do not take possession of Customer funds, and are not a payment service provider, money transmitter, or agent of the Venue for the purpose of receiving funds.

The contract for the booking and the underlying payment is between the Customer and the Venue. Any platform fees we charge are deducted as an application fee at the point of payment in accordance with our pricing. The rates of those fees are those published on our pricing page from time to time or, for optional add-ons, those shown in the Platform before you enable them, and may be changed in accordance with clause 6.

Venues are responsible for setting and communicating their own prices (including any taxes that must be shown or charged), cancellation policies, and refund policies to Customers in line with the law that applies to them. Refunds are issued from the Venue's Stripe balance; we may facilitate refund requests on the Venue's instruction but the obligation to refund the Customer rests with the Venue.

We may offer free trials, promotional codes, or discounted pricing at our discretion. Unless stated otherwise:

• Free trials are limited to one per Venue.
• We may require valid payment details before a trial begins. Providing them authorises us to charge that payment method when the trial ends, at the then-current rate, unless you cancel before then.
• We may modify or withdraw a trial or promotion at any time.
• At the end of a free trial your Subscription begins and is billed at the then-current rate unless you cancel before the trial ends. The then-current rate may differ from the rate advertised when your trial started.
• Data entered during a trial may be permanently deleted if you do not subscribe.
• Promotional codes cannot be exchanged for cash, cannot be combined unless expressly permitted, and may be revoked where we reasonably suspect misuse.

Gift Cards purchased through the Platform are issued and redeemable by the relevant Venue, not by us. The contract for a Gift Card is between the purchaser and the Venue; we act solely as the technology platform facilitating the sale.

Gift Card value, expiry, and redemption conditions are set by the Venue and displayed at the point of purchase. Gift Cards cannot be exchanged for cash except where required by law.

Depending on where the Venue operates and where the purchaser lives, purchasers of Gift Cards who are Consumers may have a statutory right to cancel (in the UK and EU, usually within 14 days of purchase, provided the Gift Card has not been redeemed). Gift Card expiry and other conditions may also be regulated locally, and the Venue is responsible for ensuring its conditions comply. Cancellation requests should be directed to the Venue.

Where you provide a recipient's email address when purchasing a Gift Card, you confirm you have their agreement to do so.

What it is. The Platform includes optional marketing features (currently Extend Session, Abandoned Basket, and Win Back, and any we add later) that send emails, on-screen offers, and discounts to a Venue's Customers on the Venue's behalf. Marketing is off until a Venue switches it on, and each feature can be switched on, changed, or switched off at any time in the Platform. The Venue chooses the settings, including any discount, its length, and which sessions it covers.

Who marketing is sent to. Marketing emails are only sent to Customers the Platform has recorded as agreeing to receive marketing from the Venue, and each one includes a way to unsubscribe. We may hold back, delay, or stop any marketing message, including where an address bounces, a Customer has unsubscribed or complained, a frequency limit applies, or we suspect misuse. We do not guarantee that any message is delivered, delivered on time, or seen.

Your responsibilities. The Venue is the sender of its marketing and is responsible for it, including: having a lawful basis and any consent the law requires to market to each Customer (in the UK, under the Privacy and Electronic Communications Regulations and the UK GDPR); the accuracy of any consent records the Venue adds or changes; the content and terms of every offer; and honouring any offer sent in its name.

Discounts and offers. The Platform includes measures intended to limit misuse of offers, such as single-use offers, matching offers to the email address they were sent to, and limits on repeated use. These measures are provided on a best-efforts basis and are not guaranteed to work in every case. It is the Venue's responsibility to check bookings and redemptions and to decide how to deal with any it considers improper. To the extent permitted by law, we are not liable for any loss, including lost revenue, arising from an offer or discount that is shared, forwarded, used by someone other than the intended Customer, used more than once, applied to a booking or session it was not meant to cover, applied when it should not have been, not applied when it should have been, or otherwise misused or redeemed incorrectly.

Marketing Commission. We charge a commission (“Marketing Commission”) only on Marketing Bookings. A “Marketing Booking” is a booking with an online payment through the Platform that:

• is made using a link in a marketing email sent through the Platform;
• has a marketing offer applied because the Customer booked with the email address the offer was sent to; or
• is an extension or booking made through an Extend Session offer.

No Marketing Commission is charged on any other booking, on bookings with no online payment, or on marketing messages that do not lead to a Marketing Booking. Marketing Commission is a percentage of the booking value, less any part covered by a membership or Gift Card, and includes any balance the Customer pays at the Venue. If a Marketing Booking is refunded, the Marketing Commission on the refunded amount is returned in proportion. We may collect Marketing Commission as an application fee on the booking's online payment in accordance with clause 7, or invoice it to the Venue. Our records of which bookings are Marketing Bookings, as shown in the Platform, are used to calculate Marketing Commission.

Rate. The Marketing Commission rate that applies to a Venue is shown in the Platform. It may be changed in accordance with clause 6, and a rate of 0% may be offered at our discretion and is subject to the same terms.

Beta period. Marketing is provided as a beta until the end of 31 October 2026 (UK time). No Marketing Commission is charged on Marketing Bookings made before 1 November 2026. Marketing Commission applies to Marketing Bookings made on or after 1 November 2026 at the rate shown in the Platform. For a Venue we have given at least 30 days' notice of this by email or in the Platform, it applies from 1 November 2026 rather than from the start of that Venue's next billing period; otherwise it applies 30 days after we give notice. A Venue that does not wish to pay Marketing Commission can switch marketing off at any time. Marketing Commission still applies to a Marketing Booking made with an offer sent before marketing was switched off.

Figures. Marketing statistics in the Platform (such as offers sent, viewed, claimed, and converted, and revenue attributed to marketing) are management information as described in the Liability and Disclaimers clause, and are estimates of what marketing has achieved.

The Platform, including all software, designs, text, graphics, logos, and underlying technology, is owned by Cuppacard Ltd or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes (Venues) or to make and manage bookings (Customers) for the duration of these Terms. No other rights are granted.

You retain ownership of the content and data you upload (“Your Content”) and grant us a non-exclusive, royalty-free, worldwide licence to host, display, process, and transmit Your Content solely as necessary to provide the Platform. We may use data derived from your use of the Platform in aggregated and anonymised form for analytics, benchmarking, and improving our services, provided it does not identify you or any individual.

“BookMyBays” and our logos are our trade marks; you may not use them without our prior written consent.

You must not, and must not permit anyone else to:

• Copy, modify, adapt, translate, or create derivative works of the Platform.
• Reverse engineer, decompile, or disassemble the Platform except to the extent such restriction is prohibited by law.
• Access the Platform by automated means (including bots, scrapers, or crawlers) other than through interfaces we make available and document.
• Probe, scan, or test the vulnerability of the Platform, or attempt to gain unauthorised access to any account, system, or network.
• Introduce viruses, malware, or other harmful code.
• Use the Platform to send spam or unlawful communications.
• Resell, sublicense, rent, or provide the Platform to third parties as a service bureau.
• Use the Platform in breach of any law, including sanctions and export control laws.
• Misrepresent your identity or affiliation.

We may investigate suspected violations and may suspend or terminate access, remove content, and report unlawful activity to authorities. We may impose reasonable rate limits and technical controls to protect the Platform.

We process personal data as both a data controller (for Venue account data) and a data processor (for Customer booking data on behalf of Venues). Full details of how we handle personal data are set out in our Privacy Policy.

By using the Platform, Venues confirm they have a lawful basis to collect and share Customer data with us for the purpose of processing bookings and, where they switch marketing on, for sending marketing to their Customers on their behalf, and that their own privacy notices reflect this.

We aim to maintain high availability of the Platform but do not guarantee uninterrupted or error-free service. We do not commit to any minimum uptime or service level unless separately agreed with you in writing; any availability figures published anywhere are targets, not commitments. The Platform may be unavailable from time to time due to:

• Scheduled maintenance — we will endeavour to provide advance notice where reasonably practicable.
• Unplanned outages, software defects, or infrastructure failures.
• Third-party service disruptions, including failures by Stripe, Supabase, Vercel, or any other provider we rely on.
• Circumstances beyond our reasonable control (see also the Force Majeure clause below).

We will not issue credits or partial refunds of Subscription fees in respect of Platform downtime, outages, or degraded performance unless expressly agreed with you in writing.

The Platform can connect to third-party systems and hardware — including door access and entry control providers, smart locks, payment providers, calendars, and other software (each an “Integration”). Integrations are an optional convenience feature. They are provided “as is” and on a best-efforts basis only, and are not part of the core Platform for the purposes of any commitment, warranty, or service level.

Third-party systems are outside our control. An Integration depends on hardware, firmware, networks, and services operated by you or by a third party. We do not control, monitor, warrant, or accept responsibility for any third-party system, its availability, its security, or the accuracy of anything it does or reports. Your use of a third-party system is governed by your own agreement with that provider, and any fees, licences, or hardware are your responsibility.

You remain responsible for physical security and safety. You must not rely on an Integration as your sole means of controlling access to your premises, and you must maintain an independent means of granting and denying entry, together with appropriate supervision, insurance, fire safety and emergency egress arrangements. You are responsible for deciding whether unattended or unstaffed access is appropriate at your premises, and for complying with all applicable health and safety, licensing, insurance, and safeguarding obligations.

No responsibility for Integration failures. To the fullest extent permitted by law, we accept no liability whatsoever for any loss, damage, cost, claim, fine, or expense arising out of or in connection with any Integration, including (without limitation) where:

• An access or door code is not generated, is generated incorrectly, is generated for the wrong booking, bay, door, or Customer, or is generated at the wrong time or for the wrong duration.
• A code is not delivered, is delayed, is delivered to the wrong recipient, or is intercepted.
• A code fails to open a door, opens the wrong door, remains valid after it should have expired, or is not revoked following a cancellation, refund, amendment, or removal of the Integration.
• A software defect, configuration error, duplicate request, retry, loop, or other malfunction causes codes, users, credentials, or requests to be created in excessive volume, or otherwise triggers rate limits, charges, suspension, or termination of your account with the third-party provider.
• A third-party provider changes, deprecates, suspends, rate-limits, or withdraws its service or interface, or suffers an outage, defect, or security incident.
• Credentials or configuration supplied by you are incorrect, out of date, over-permissioned, or compromised.
• Unauthorised entry, theft, damage, injury, or nuisance occurs at your premises, whether or not connected with a code issued through the Platform.

Support is best efforts. We do not provide support for third-party hardware or software, and we give no undertaking to diagnose, fix, restore, maintain, or continue to offer any Integration. We may add, change, suspend, or permanently withdraw any Integration at any time, with or without notice, and we will not be liable for doing so. Any assistance we do provide with an Integration is given on a best-efforts, no-liability basis and does not create any obligation or service level.

Your obligations. You must test each Integration before relying on it, verify that codes and access windows behave as you expect, monitor it on an ongoing basis, and have a documented manual fallback for when it does not work. You are responsible for the settings you choose, including code length, validity windows, lead and trail times, delivery timing, and which sessions an Integration applies to.

Marketing and advertising tags. If you connect an advertising or analytics Integration (such as Google Ads, Google Analytics, Meta, TikTok, or Microsoft Advertising), those tags run on your booking page under your own accounts and your own control. You are the data controller in respect of any personal data they collect, and you are responsible for having a lawful basis for that processing, for your own privacy and cookie notices, for complying with each provider's terms and policies, and for the accuracy of anything they report. Conversion figures reported to an advertising platform are measurement estimates, not accounting records: tags may be blocked by browsers or ad blockers, pay-at-venue bookings are reported when booked rather than when paid, and cancellations, refunds and no-shows are not deducted. You must not rely on them as a record of revenue received.

Indemnity. You indemnify us on the terms of the Indemnity clause below in respect of any claim brought by a Customer, third party, insurer, or regulator arising out of or in connection with your use of any Integration or any access granted or denied at your premises.

This clause is subject to the Liability and Disclaimers clause below, and nothing in it excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

The Platform includes optional tools that let a Venue publish its own terms, conditions, disclaimers, or waivers (each a “Venue Document”), present them to Customers at checkout or by email, and record that a Customer indicated acceptance. These tools are a record-keeping convenience only. They are provided “as is” and on a best-efforts basis.

The document is yours. A Venue Document is written, chosen, and published by you. We do not draft, review, approve, or endorse it, we provide no legal advice, and any wording, example, template, placeholder, or prompt appearing in the Platform is illustrative only and must not be relied on as suitable for your business. You are responsible for obtaining your own legal advice on the content of any Venue Document and on whether it is appropriate, lawful, and enforceable.

We do not warrant enforceability. We give no warranty or representation that a Venue Document, the manner in which it is presented, or any record of acceptance created by the Platform will be valid, binding, enforceable, admissible as evidence, or sufficient for any purpose, including any insurance, licensing, regulatory, or contractual requirement that applies to you. Recording that someone ticked a box is not the same as that person being bound by what the box said.

We do not verify who signed, or how. The Platform records that an acceptance was made from a browser session at a point in time. It does not verify identity, age, capacity, or authority, and it is not an identity-checking or age-verification service. We do not check that the person who ticked a box or typed a name is the Customer named on the booking, is old enough to be bound by it, is the parent or guardian of anyone attending, or is a person who will attend at all. Any name typed is free text entered by whoever was using the device and may be false, misspelled, incomplete, or another person's. We make no representation that an acceptance recorded by the Platform constitutes an electronic signature for the purposes of any legislation. Where identity, age, or authority matters to you, it is for you to verify it at your premises.

Whether an acceptance was correctly given is between you and the Customer. We are not a party to any Venue Document. It is an agreement between you and your Customer, and we accept no responsibility for how it was completed, by whom, whether it was read or understood, or whether it covers what you needed it to cover.

You decide who must sign and whether they have. You are responsible for deciding which Customers must accept a Venue Document, for checking before a session that the people attending have done so, and for how you act when they have not. A waiver sent by email does not prevent a booking from proceeding. You must not rely on the Platform as your only means of ensuring that a Customer has read, understood, agreed to, or is capable of agreeing to a Venue Document, and you remain responsible for supervision, safety briefings, age and capacity checks, insurance, and all applicable health and safety obligations at your premises.

No responsibility for the tooling. To the fullest extent permitted by law, we accept no liability whatsoever for any loss, damage, cost, claim, fine, or expense arising out of or in connection with any Venue Document or acceptance record, including (without limitation) where:

• A Venue Document is not shown, is shown to the wrong Customer, is shown in an outdated version, or is not shown at the right point in a booking.
• A waiver email or signing link is not sent, is delayed, is delivered to the wrong recipient, expires, is forwarded, or is used by someone other than the intended Customer.
• A record of acceptance is not created, is incomplete, is lost, or omits details such as an IP address, device information, name, or timestamp.
• A Customer accepts a Venue Document on another person's behalf, on behalf of a child or protected person, or without authority to do so.
• A Venue Document is signed or accepted incorrectly, incompletely, carelessly, or in the wrong place, or a required field is left blank, mistyped, or filled in with something other than what was asked for.
• A Venue Document is accepted using a false, misspelled, partial, or another person's name, or by somebody other than the Customer named on the booking, including from a shared device, a shared email address, or a forwarded link.
• A person accepts who is under age, lacks capacity, is intoxicated, or is otherwise not capable of being bound by what they accepted.
• A Customer accepts without reading or understanding the document, or later denies having accepted it.
• A person attends your premises who never accepted anything at all, including additional players, guests, or spectators on a group, party, or event booking.
• A Venue Document turns out to be incomplete or inadequate for the activity in question, or omits a risk, restriction, or warning that it ought to have covered.
• Injury, illness, loss, damage, or any other incident occurs at your premises, whether or not a Venue Document was shown, accepted, correctly completed, valid, or enforceable.
• A Venue Document is edited, republished, or deleted, or a previously recorded acceptance relates to an earlier version of the text.
• A Venue Document, or the way it is presented, is found to be unfair, unlawful, void, or unenforceable in whole or in part, including under consumer protection legislation.
• A Customer, insurer, regulator, or court does not accept an acceptance record as evidence of agreement.

Consumer protection. Nothing in a Venue Document can exclude or limit liability for death or personal injury caused by negligence, or exclude or limit any other liability that cannot lawfully be excluded or limited. A Venue Document does not override a Consumer's statutory rights, and you are responsible for ensuring that what you publish complies with the consumer protection law that applies where you operate and where your Customers live (in the UK, including the Consumer Rights Act 2015).

Indemnity. You indemnify us on the terms of the Indemnity clause below in respect of any claim brought by a Customer, third party, insurer, or regulator arising out of or in connection with any Venue Document, its content, its presentation, any acceptance or absence of acceptance, any acceptance that was incorrectly, falsely, or improperly given, any reliance you or anyone else places on an acceptance record, or any incident at your premises in respect of which a waiver is or would have been relevant.

This clause is subject to the Liability and Disclaimers clause below, and nothing in it excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

While we take reasonable measures to back up Platform data, the Platform is not a data archival or backup service. You are responsible for maintaining independent copies of any business-critical data, and for exporting your data before your account closes.

To the extent permitted by law, we are not liable for loss, corruption, or deletion of data, and your sole remedy for data loss is our reasonable efforts to restore from our most recent available backup.

To the fullest extent permitted by applicable law:

No warranties. We provide the Platform “as is” and “as available”, without warranty of any kind, whether express, implied, or statutory. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or harmful code.

Assumption of risk. You accept that the Platform is provided on a best-efforts basis and you assume the risks inherent in using an online service, including interruption, data transmission errors, and third-party failures. Your sole and exclusive remedy for dissatisfaction with the Platform is to stop using it and cancel your Subscription.

Booking issues. We are not liable for any losses, claims, or disputes arising from:

• A Venue's cancellation, overbooking, failure to honour a confirmed booking, or failure to notify Customers of changes.
• Incorrect availability, pricing, or booking details entered by a Venue.
• Disputes between a Venue and its Customers regarding the quality, safety, or availability of their facilities, activities, or services.
• A Customer's failure to attend a booking or comply with a Venue's policies.

Reports and figures. The reports, dashboards, exports and other figures the Platform produces are management information provided for your convenience. They are not accounting records, and they are not a statement of account. They may include cash and card-machine takings that no payment processor sees, may present amounts gross of processing fees, refunds and chargebacks, and are compiled on the date basis and timezone selected in the Platform. Your Stripe dashboard, payout statements and bank statements are the authoritative record of money received.

You are responsible for verifying any figure against those sources before relying on it, and for the accuracy of your own accounting, bookkeeping, VAT and tax filings. To the extent permitted by law, we are not liable for any loss, penalty, interest, or claim arising from your reliance on figures produced by the Platform, including where they differ from your payment processor's records. Nothing in the Platform constitutes accounting, tax, or legal advice.

Payment and financial issues. We are not liable for any losses arising from:

• Payment processing failures, delays, declines, or errors attributable to Stripe or any other payment provider.
• Incorrect bank or payment account details provided by a Venue.
• Delays in settlement or payout caused by Stripe's own processes, reviews, or holds.
• Chargebacks, disputes, or fraudulent transactions initiated by Customers against a Venue.
• Any tax liability arising from payments received by a Venue through the Platform.

Technology and platform issues. We are not liable for any losses arising from:

• Platform downtime, outages, or degraded performance for any reason.
• Data loss, corruption, or unauthorised access resulting from third-party infrastructure failures (including Stripe, Supabase, or Vercel).
• Access control failures, including any failure of bay, lane, room, or door locking, unlocking, door-release, or access code generation, delivery, expiry, or revocation due to connectivity issues, hardware faults, or third-party integration failures (see also the Integrations and Access Control clause above).
• Any Venue Document, including its content, how it was presented, who accepted it, whether it was accepted correctly or at all, and whether any record of acceptance is complete, accurate, or enforceable (see also the Waivers, Terms, and Customer Agreements clause above).
• Loss or corruption of booking, customer, or business data stored on the Platform.
• Bugs, errors, or inaccuracies in the Platform's software or outputs.
• Any marketing message or offer, including one that is not sent, is delayed, is sent to the wrong person, or is sent to a Customer whose consent was recorded incorrectly, and any discount that is misused or redeemed incorrectly (see also the Marketing clause above).
• Unauthorised access to your account resulting from your failure to keep credentials secure.

Consequential and indirect losses. We are not liable for any indirect, incidental, special, punitive, or consequential losses of any kind arising from your use of or inability to use the Platform, including but not limited to lost revenue, lost profits, loss of business, loss of goodwill, or loss of anticipated savings, even if we have been advised of the possibility of such losses.

Liability cap. Our total aggregate liability to you in connection with the Platform — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — will not exceed the greater of £500 or the total Subscription fees you have paid to us in the 12 months immediately preceding the event giving rise to the claim.

Scope of these limits. The limitations and exclusions in this section apply to our liability to you; they do not limit your obligation to pay fees or your obligations under the Indemnity clause.

Time limit for claims. Any claim against us must be brought within 12 months of the date you became aware, or ought reasonably to have become aware, of the event giving rise to it.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of England and Wales.

You (the Venue) agree to indemnify, defend, and hold harmless Cuppacard Ltd, its directors, employees, contractors, and affiliates from and against any and all claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms or any applicable law, including consumer protection, data protection, advertising, tax, and health and safety law.
• The operation of your venue, facilities, and activities, including any injury, damage, or loss suffered by a Customer or third party at your premises or as a result of your equipment, staff, or services.
• Your collection, use, sharing, or storage of Customer personal data, including any failure to provide your own privacy notices or to obtain a lawful basis for processing.
• Disputes between you and your Customers, including booking disputes, refund disputes, chargebacks, and complaints about service quality.
• Any content, data, pricing, availability, or imagery you upload to or display on the Platform, including any claim that such content infringes a third party's rights.
• Any unlawful, fraudulent, or deceptive use of the Platform by you or any person acting on your account.
• Marketing sent on your behalf through the Platform, including its content, any offer or discount in it, and any claim that you lacked consent or another lawful basis to send it.
• Your use of any Integration, and any entry granted or denied at your premises, including any injury, theft, damage, or loss arising from an access code that was issued, not issued, delayed, incorrect, or not revoked.

We will notify you promptly of any claim covered by this indemnity. We may, at our option, either (a) allow you to control the defence and settlement of the claim with counsel reasonably acceptable to us, or (b) control the defence ourselves at your reasonable expense. You must not settle any claim in a manner that imposes any liability, obligation, or admission on us without our prior written consent, and you must cooperate fully with the defence at your own cost.

If you are a Customer using the Platform as a Consumer, nothing in these Terms excludes or limits your statutory rights under the Consumer Rights Act 2015 or affects your right to bring proceedings in the courts of the part of the United Kingdom in which you live. If you live outside the United Kingdom, these Terms do not deprive you of the protection of any mandatory consumer law of your country of residence, or of any right you have under that law to bring proceedings in your local courts. Where these Terms conflict with your non-excludable statutory rights, your statutory rights prevail.

If you are a Consumer, we are required to inform you that we are not currently signed up to an alternative dispute resolution (ADR) scheme.

You may close your account at any time by contacting us at [email protected] or via your account settings.

We may suspend or terminate your account immediately if you breach these Terms, if we are required to by law, or if we reasonably believe your use of the Platform is causing harm to Customers or third parties.

On termination, your access to the Platform will cease. You should export any data you require before closing your account. We will retain data for the period set out in our Privacy Policy and then delete it.

Neither party is liable for failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including internet or telecommunications outages, failures of hosting, cloud, CDN, or payment infrastructure, power failures, cyberattacks (including DDoS attacks, ransomware, malware, and other malicious intrusions despite reasonable security measures), fire, flood, natural disasters, epidemics, strikes, war, terrorism, and acts of government.

The affected party's obligations are suspended for the duration of the event, and it must take reasonable steps to mitigate. If a force majeure event continues for more than 30 days, either party may terminate these Terms on written notice.

We may update these Terms from time to time. For material changes we will give Venues at least 30 days' notice by email or via the Platform before the changes take effect. If you do not agree to the changes you may cancel your Subscription before the effective date; continued use after the effective date constitutes acceptance. Changes required to comply with law may take effect immediately.

Entire agreement. These Terms, together with the Privacy Policy and any order or pricing page referenced in them, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements and representations. You acknowledge that you have not relied on any statement not set out in these Terms; nothing in this clause limits liability for fraud.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

Waiver. A failure or delay by either party to enforce any provision of these Terms is not a waiver of that or any other provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, provided your rights are not materially reduced.

Third-party rights. Except for our indemnified persons under the Indemnity clause, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

Survival. Clauses which by their nature should survive termination (including Liability and Disclaimers, Indemnity, Intellectual Property, and this General section) survive termination.

Notices. We may give notices via email to the address on your account or via the Platform; you may give notice by email to [email protected].

Sanctions. You represent that neither you nor your beneficial owners are subject to sanctions administered by the UK, EU, UN, or US, and you will not use the Platform in breach of applicable sanctions or export control laws.

Governing law and jurisdiction. These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that if you are a Consumer resident in Scotland, Northern Ireland, or outside the United Kingdom, you may bring proceedings in your local courts where the law of your country of residence gives you that right, and nothing in this clause limits your statutory rights.

If you have a complaint or query about the Platform, please contact us:

Cuppacard Ltd
Company number: 15636346
Email: [email protected]

We aim to respond to all enquiries within 2 business days.

This section forms a data processing addendum under Article 28 of the UK GDPR and, where it applies to a Venue's processing, Article 28 of the EU GDPR (together with any similar data protection law that applies to the Venue, “Data Protection Law”), for any Customer personal data we process on behalf of a Venue (the “Venue Data”). For Venue Data, the Venue is the data controller and we are the data processor.

Subject matter and duration. The processing concerns Customer booking and marketing data (names, contact details, booking metadata, checkout activity, marketing preferences, payment references) and continues for the duration of your Subscription plus the retention periods set out in our Privacy Policy.

Nature and purpose. We process Venue Data to operate the Platform: storing bookings, sending confirmations and reminders, facilitating payments via Stripe Connect, and providing reporting to the Venue. Where the Venue switches marketing on, we also process Venue Data to send marketing emails and offers on the Venue's behalf to Customers recorded as agreeing to receive them, including about checkouts that were started but not paid for; to apply offers at checkout; to detect when a Customer has booked again on their own and to limit misuse of offers, using email addresses, phone numbers, and IP addresses; to keep a record of unsubscribes, bounces, and spam complaints so that we stop emailing those addresses; and to report on marketing results.

Categories of data subjects. The Venue's Customers and prospective Customers, including Gift Card purchasers and recipients.

Categories of personal data. Names, email addresses, phone numbers, booking details, details of checkouts started but not completed, Gift Card details, payment confirmation references, marketing consent and preference records, email delivery status (such as bounces, unsubscribes, and spam complaints), and limited technical data (IP address, device).

Our obligations. We will:

• Process Venue Data only on the documented instructions of the Venue, including those set out in these Terms, unless required to do otherwise by law (in which case we will inform the Venue unless prohibited).
• Ensure that personnel authorised to process Venue Data are subject to appropriate confidentiality obligations.
• Implement appropriate technical and organisational security measures, including encryption in transit, access controls, audit logging, and use of reputable infrastructure providers.
• Assist the Venue, taking into account the nature of processing, in responding to data subject rights requests and in fulfilling the Venue's obligations under Articles 32–36 of the UK GDPR or the equivalent provisions of Data Protection Law.
• Notify the Venue without undue delay, and in any event within 72 hours where feasible, after becoming aware of a personal data breach affecting Venue Data.
• On termination of the Subscription, delete or return all Venue Data to the Venue, subject to retention required by law.

Audits. We will make available to the Venue information necessary to demonstrate compliance with this section and, where that information is insufficient, allow for and contribute to audits (including inspections) conducted by the Venue or its appointed auditor, no more than once per year, on at least 30 days' written notice, during business hours, at the Venue's cost, and subject to reasonable confidentiality obligations. We may satisfy audit requests by providing recent third-party audit reports or certifications.

Sub-processors. The Venue authorises us to engage sub-processors to provide the Platform. Our current sub-processors include Stripe (payments), Supabase (database and authentication), Vercel (hosting), and Amazon Web Services (SES, transactional email). We will give the Venue at least 30 days' notice (via email or the Platform) of any new sub-processor; if the Venue reasonably objects, we will work in good faith to find a resolution and the Venue may terminate the Subscription if no resolution is reached.

International transfers. Where Venue Data is transferred outside the UK, we rely on the UK Government's International Data Transfer Agreement, the UK Addendum to the EU Standard Contractual Clauses, or another lawful transfer mechanism. Where a Venue is subject to the EU GDPR, transfers of its Venue Data to the UK rely on the European Commission's adequacy decision for the UK, and onward transfers rely on the EU Standard Contractual Clauses or another mechanism recognised under Data Protection Law.

Liability under this section. Liability arising from this Addendum is subject to the liability cap and exclusions set out in the Liability and Disclaimers clause of these Terms, except where statute requires otherwise.