Terms of service

The agreement

These terms are an agreement between StagePath (the details are at the top of this page) and the venue or business that signs up (you). By creating an account and ticking the box, you accept these terms, thePrivacy notice and the data processing addendum below. If you sign up for a venue, you are saying you have the authority to accept them for that venue.

"StagePath" means the service at stagepath.online and the venue sites that belong to it. "Venue data" means anything you or your team put into StagePath, including information about staff, volunteers, promoters, hirers, mailing-list contacts and ticket buyers.

Free trial and plans

Every plan starts with a 14-day free trial. You pick a plan when you sign up, and the checkout asks for payment details then. Nothing is charged during the 14 days. When they end, the plan you chose starts and your payment method is charged.

The plans, what each includes (such as storage and the monthly marketing email allowance) and their prices are on the pricing page. We can change plans and prices. A change to the price you pay takes effect from your next billing period, and we will tell you before it does.

Payment

• Plans are billed monthly or yearly, in pounds, through Stripe. Prices exclude VAT.
• Moving to a more expensive plan takes effect straight away and you pay the difference for the rest of the period. Moving to a cheaper plan takes effect at the end of the period.
• Add-ons (extra storage, extra marketing emails) are added to your subscription and billed with it.
• If a payment fails, the app shows a banner asking you to update your payment method. If the subscription ends, you will be asked to choose a plan again before you can carry on.

Cancelling and refunds

You can manage or cancel your subscription from the billing page in your venue's settings. A cancellation takes effect at the end of the period you have paid for, and you keep access until then. Payments already made are not refunded, unless the law says otherwise or we agree to it.

Drafting note: decide the real refund policy (for example, a refund of the first payment within a set number of days), and check that cancellation is switched on in the Stripe billing portal settings. There is no cancel button inside the app itself.

Using StagePath

• Keep your sign-in details safe, and tell us if you think someone else has them. You are responsible for what is done through your account and your team's accounts.
• Use StagePath lawfully. Do not upload anything you have no right to upload, and do not use it to harass people or to break the law.
• Do not try to break, overload or get around the service, or look at other venues' data.
• Staff who use a personal link (without an account) are your staff. You decide who gets a link and you are responsible for keeping those links to the right people.
• We may suspend an account that breaks these terms or puts the service or other venues at risk. Where we can, we will warn you first.

Mailing lists

If you use StagePath to email your contacts, you are the sender and you are responsible for having the right to email them under UK law (UK GDPR and the Privacy and Electronic Communications Regulations).

• When you import contacts, you declare how they came to be on your list (they agreed, they are existing customers who were offered an opt-out, or you are not sure). The declaration must be true. Contacts you are not sure about are asked to confirm before you email them.
• Every marketing email carries an unsubscribe link, and we stop emailing people who unsubscribe, bounce or complain. You must not try to get around that.
• You must give your postal address in your marketing settings before you send.
• Each plan has a monthly marketing email allowance. We may apply fair-use limits to the size of a mailing list, and we will say so before we do.
• We may pause sending that looks like spam or puts our sending reputation at risk.

Your data

Venue data is yours. We only use it to run StagePath for you, as set out in the data processing addendum below. You give us permission to store and process it for that. You are responsible for making sure you may put it into StagePath and for telling the people in it what you do with it (the venue's own privacy notice).

The venue's mailing-list contacts can be exported and erased from inside the app. Staff, promoter and contact records can be erased by people with the right permission.

Availability and support

We aim to keep StagePath running and will fix faults as quickly as we reasonably can, but we do not promise it will always be available or free of errors, and there is no service-level guarantee. Plan for what you will do on a show night if you cannot reach it: for example, keep a printed copy of call sheets. Support is by email.

Liability

Nothing in these terms limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, and for fraud. Subject to that, we are not liable for lost profits, lost data or any indirect loss, and our total liability to you in any twelve months is limited to what you paid us in the twelve months before the claim. You are responsible for checking the figures StagePath works out, including settlements, before you rely on or pay them.

Drafting note: this clause needs a solicitor, including whether the cap and the settlement sentence are reasonable and enforceable.

Changes to these terms

When we change these terms in a way that matters, we raise the version number at the top. People signed in to the app see a notice and are asked to accept the new version. Using StagePath after that means you accept it. If you do not, you can cancel.

Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction, except that if you are a consumer in another part of the UK you may also bring a claim in your local courts.

Data processing addendum

This addendum applies to venue data that is personal data, and is part of the agreement. In it, you (the venue) are the controller and StagePath is the processor, as those words are used in the UK GDPR. It sets out what Article 28 of the UK GDPR requires.

1. What we process, and why

• Subject matter and purpose: storing and processing venue data so that you can run your venue with StagePath: diary, rota, settlements, forms, tasks, mailing list, training and documents.
• Duration: for as long as you have a StagePath account, and then as set out in "When the agreement ends" below.
• People it is about: your staff and volunteers, promoters and hirers, people who fill in your forms, your mailing-list contacts, and ticket buyers if you connect a ticketing service.
• Kinds of data: names, email addresses, phone numbers, postcodes, pay rates, certificates and training records, form answers and files, consent records (including the wording shown, the time and the IP address), ticket orders (buyer name and email) and the notes you add.

2. Our promises as processor

• We process venue data only on your documented instructions, which are these terms and what you do in the app, unless the law requires otherwise (in which case we tell you first, if allowed).
• Everyone at StagePath who can see venue data is bound by confidentiality.
• We keep it secure, including: passwords stored as one-way hashes, sign-in cookies that scripts cannot read, HTTPS, credentials for connected services encrypted at rest, and access inside a venue limited by role.
• We tell you without undue delay after we become aware of a personal data breach affecting venue data.
• We help you answer requests from people exercising their rights. The app lets people with the right permission export and erase mailing-list contacts, erase promoters, and erase staff records, and contacts can unsubscribe, export and erase themselves through links in your emails.
• We help you with data protection impact assessments and with the regulator, as far as is reasonable and taking into account what we have access to.
• We make available the information needed to show we comply with this addendum, and allow for reasonable audits, with notice, no more than once a year, and without exposing other venues' data.

3. Sub-processors

You give us general permission to use sub-processors. At the date of this version they are:

If you connect a ticketing service, data moves between that service and your StagePath at your instruction, and the service is your own supplier, not our sub-processor. The ones StagePath can connect to are:Eventbrite, Ticket Tailor, Dice, TicketSource, TryBooking, Spektrix.

We will keep this list up to date on this page, and raise the version number and tell signed-in users in the app when we add or replace one. We will give each sub-processor the same data protection obligations as this addendum. If you object to a new sub-processor and we cannot resolve it, you may cancel.

4. Transfers outside the UK

Where a sub-processor processes venue data outside the UK, we make sure an approved safeguard is in place, such as the UK's adequacy regulations or standard contract terms approved by the Information Commissioner's Office.

5. When the agreement ends

You can export your mailing-list contacts and records from the app before you leave. After the agreement ends we delete or return venue data, at your choice, and delete existing copies unless the law requires us to keep them.

Drafting note: the product does not yet delete a closed venue's data automatically (a closed venue is only marked as deleted), and backups are not defined. Decide the deletion period and build it before this sentence is relied on. Also confirm the hosting location and the transfer mechanism for each sub-processor. A solicitor should review the whole addendum.