These terms govern your use of the Capacity platform. Please read them carefully. By opening an account, placing an order, or using any part of the service, you agree to be bound by them.
Capacity is operated by Capacity Digital Ltd, a company registered in England and Wales under company number 14487697, whose registered office is at 167-169 Great Portland Street, London W1W 5PF (“Capacity”, “we”, “us”, “our”).
In these terms, “you” and “your” mean the business that opens the account. Where an individual accepts these terms, they confirm they have authority to bind that business.
Capacity is a software platform for hospitality and entertainment businesses. Depending on your plan it may include ticketing and bookings, a customer database, campaign and messaging tools, reporting, and integrations with third-party services.
We may change, add to, or withdraw features. Where a change materially reduces the functionality you are paying for, we will give you at least 30 days’ notice and you may terminate under clause 11 without penalty.
The service is provided for business use only. It is not intended for consumers, and consumer cancellation rights do not apply.
You must give accurate account information and keep it current. You are responsible for all activity under your account, for keeping credentials secure, and for the acts and omissions of every user you invite, including promoters and reps you grant access to.
Tell us without delay if you believe an account has been compromised.
You must not, and must not permit anyone else to:
Our Acceptable Use Policy applies to all messages sent through the platform and forms part of this agreement.
We may suspend access without notice where we reasonably believe there is a security risk, unlawful use, or a breach of this clause or of the Acceptable Use Policy, and may stop a send immediately where it threatens delivery for other customers.
You keep all rights in the data you and your customers put into the platform (“Customer Data”). You grant us a licence to host, process and transmit it solely to provide and support the service.
You are the controller of Customer Data and we are the processor. That processing is governed by our Data Processing Agreement, which forms part of this agreement, reflects Article 28 of the UK GDPR, and is published in full at getcapacity.co/dpa. Using the platform to process personal data constitutes acceptance of the version of that agreement then in force. No signature is required, and we will provide a countersigned copy on request. See also our Privacy Policy and our sub-processor list.
You are responsible for having a lawful basis for the personal data you collect and for the marketing you send through the platform, including consent, or a valid soft opt-in, where PECR requires it. Nothing in this agreement transfers those obligations to us or constitutes a representation that your processing is compliant.
Where you sell tickets or take bookings through Capacity:
Subscription fees, per-ticket or per-booking fees, and any usage charges are as set out in your order or plan. Unless stated otherwise, fees exclude VAT, which we will add at the applicable rate.
Subscription fees are billed monthly in advance per site or organiser and are non-refundable except where these terms say otherwise. We may change fees on 30 days’ notice, taking effect at your next renewal.
If an invoice is overdue we may charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 and suspend the service after giving you notice.
The platform connects to third-party services such as social, advertising, analytics, ticketing, till and messaging providers. Those services are controlled by the third party, not by us. Your use of them is subject to their terms, and we are not responsible for their availability, accuracy, or any change they make to their APIs.
We and our licensors own all rights in the platform, its software, design and documentation. You get a non-exclusive, non-transferable right to use it during your subscription, for your own business purposes.
Where the platform is whitelabelled, your brand remains yours and ours remains ours. Nothing here transfers ownership of either.
We may use aggregated, anonymised data that cannot identify you or any individual to operate and improve the service.
We will provide the service with reasonable skill and care, and will use commercially reasonable efforts to keep it available, but we do not warrant that it will be uninterrupted or error free. Planned maintenance will be notified where practicable.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.
Subject to that, neither party is liable for loss of profit, revenue, business, goodwill, anticipated savings, or for any indirect or consequential loss. Our total aggregate liability arising out of or in connection with this agreement is limited to the total fees you paid in the 12 months before the event giving rise to the claim.
You are responsible for keeping your own records of Customer Data. We keep backups but do not warrant that data can always be restored.
The agreement runs for the term in your order and renews automatically for successive periods unless either party gives notice before the end of the current period.
Either party may terminate immediately if the other commits a material breach that is not remedied within 30 days of written notice, or becomes insolvent.
On termination your access ends. You may export your Customer Data at any time during the term, and we will make it available for 30 days after termination, after which we may delete it in line with our retention policy.
Each party will keep the other’s confidential information secret, use it only for this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, or that must be disclosed by law.
We may update these terms. Where a change materially affects you we will give reasonable notice by email or in the platform. Continued use after the change takes effect means you accept it.
You may not assign this agreement without our consent. We may assign it to a group company or to a buyer of our business.
Nothing here creates a partnership, agency or employment relationship. A person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999.
These terms are the entire agreement between us on this subject and replace anything said before.
These terms and any dispute arising out of them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Questions about these terms can be sent to Capacity Digital Ltd, 167-169 Great Portland Street, London W1W 5PF, or through the contact details on our website.