Terms of Service

1. Acceptance of these Terms

These Terms of Service govern your access to and use of Tikkit, including Tikkit.live, the Tikkit platform and any related websites, portals and services.

Tikkit is operated by Elephant Marketing. Throughout these Terms, "Tikkit", "we", "us" and "our" refer to Elephant Marketing. "You" and "your" refer to the individual or organisation using the Service.

By creating an account, starting a trial, purchasing a subscription, accepting an invitation or otherwise using Tikkit, you agree to be bound by these Terms.

If you are using Tikkit on behalf of an organisation, you confirm that you have the authority to accept these Terms on its behalf.

2. Definitions

In these Terms:

• Account means the registered account used to access and use Tikkit.
• Authorised User means any individual you allow to access and use Tikkit under your Account, including employees, contractors, volunteers or other approved users.
• Customer Data means all information, files, documents, images, communications and other content that you or your Authorised Users upload to, create within or process through Tikkit.
• Event means any event, festival, exhibition, conference, competition, performance or other activity managed using Tikkit.
• Fees means the charges payable for your Subscription and any additional services or modules purchased from us.
• Privacy Policy means our Privacy Policy, as updated from time to time.
• Service means the Tikkit platform, including Tikkit.live, its software, websites, mobile applications, APIs, documentation and any related services provided by us.
• Subscription means your paid or trial access to the Service under the pricing plan selected by you.
• Terms means these Terms of Service, together with any documents expressly incorporated by reference.
• Third-Party Services means any products, software or services provided by organisations other than Tikkit that integrate with or are used alongside the Service, including payment processors, email providers, SMS providers, cloud hosting providers and mapping services.
• Working Day means any day other than a Saturday, Sunday or public holiday in England.
• You and your mean the individual or organisation that creates an Account, subscribes to or otherwise uses the Service.

3. The Service

Tikkit is an online platform that helps event organisers manage the planning and delivery of events. Features may include participant management, ticketing, compliance, payments, documentation, communications, scheduling, event-day check-in and other related services.

We continually improve Tikkit and may add, modify or remove features from time to time. Where possible, we will give reasonable notice before making changes that significantly affect core paid functionality, unless changes are required for security, legal, operational or other urgent reasons.

4. Accounts and Security

You must provide accurate account and organisation details and keep this information up to date.

You are responsible for:

• keeping your login details secure;
• ensuring only authorised users can access your account;
• managing user permissions within your organisation;
• removing access for users who no longer require it; and
• keeping your billing and contact information current.

You are responsible for all activity carried out using your account unless it results directly from our failure to maintain appropriate security measures.

If you believe your account has been accessed without permission, you must notify us as soon as possible.

Personal login details must not be shared between users.

5. Your Data

You retain ownership of all data, files and content that you or your users upload or create within Tikkit.

You grant us the rights necessary to host, store, process, transmit, back up, secure and display your data solely for the purpose of providing, maintaining and improving the Service.

You are responsible for ensuring that the information you collect and upload is lawful, accurate and that you have the necessary rights and permissions to use it. This includes data relating to participants, traders, performers, attendees, staff, suppliers and other event-related information.

Our Privacy Policy explains how we process personal data. Where we process personal data on behalf of an event organiser, the organiser is generally the data controller and remains responsible for deciding what information is collected and how it is used.

6. Data Protection and GDPR

We are committed to protecting personal data and complying with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and, where applicable, the EU General Data Protection Regulation (EU GDPR).

Where you use Tikkit to collect or process personal data relating to your event participants, attendees, traders, performers, staff or suppliers, you are generally the Data Controller, and Tikkit acts as your Data Processor for the purpose of providing the Service.

You are responsible for ensuring that you have a lawful basis for collecting and processing personal data, providing appropriate privacy notices and obtaining any necessary consents.

Where required by law, we will make available a Data Processing Agreement (DPA) governing our processing of personal data on your behalf.

Both parties agree to comply with their respective obligations under applicable data protection legislation.

7. Subscriptions and Fees

Access to paid features is charged according to the subscription plan, selected modules, usage, billing cycle and pricing in place when you subscribe or amend your subscription.

Subscriptions renew automatically unless cancelled before the next renewal date.

Where available, you may cancel your subscription through your account settings or by contacting us.

Unless agreed otherwise, cancellation takes effect at the end of your current billing period. Fees already paid are not refundable except where required by law or where we have agreed otherwise in writing.

8. Payments and Third-Party Services

Tikkit integrates with a number of third-party providers, including payment processors, email and SMS providers, cloud hosting, storage providers, mapping services and other business integrations. Your use of these services may also be subject to their own terms and privacy policies.

Payments are processed by Stripe and other approved payment providers. We do not store your full payment card details.

If you use Tikkit to collect payments from event attendees, you remain responsible for your pricing, taxes, refunds, customer communications and compliance with the relevant payment provider's requirements.

9. Acceptable Use

You must use Tikkit lawfully, responsibly and in accordance with these Terms.

You must not:

• upload malware, harmful software, spam or unlawful content;
• attempt to bypass security measures, billing systems, access controls or usage limits;
• access, copy, scrape or interfere with systems you are not authorised to use;
• use Tikkit in a way that infringes intellectual property rights, privacy rights, data protection laws or any other legal rights; or
• resell, sublicense, white-label or otherwise provide access to Tikkit without our prior written permission.

10. Availability and Support

We aim to provide a reliable and secure service, but we cannot guarantee uninterrupted availability.

Access may occasionally be affected by maintenance, technical faults, internet failures, third-party services, security incidents or circumstances beyond our reasonable control.

Support is provided through the channels we make available, including email, documentation and in-product help.

Unless agreed separately, support does not include bespoke development, event consultancy, data correction or administration of third-party services.

11. Intellectual Property

Tikkit, including its software, design, documentation, branding, processes and underlying technology, is owned by us or our licensors.

These Terms do not transfer ownership of any intellectual property to you.

During an active subscription, we grant you a limited, non-exclusive, non-transferable licence to use Tikkit solely for your own internal event management purposes.

12. Security and Confidentiality

We maintain appropriate technical and organisational measures to protect the security of the Service and customer data.

You are responsible for using the security features available to you, including strong passwords, appropriate user permissions and multi-factor authentication where available.

Both parties agree to keep confidential information received from the other confidential and to use it only for purposes connected with providing or using Tikkit, unless disclosure is required by law or the information has become publicly available through no fault of the receiving party.

13. Suspension and Termination

We may suspend or restrict access to Tikkit where:

• payment is overdue;
• these Terms have been breached;
• your use presents a security or operational risk; or
• we are required to do so by law or by one of our service providers.

You may stop using Tikkit at any time.

Following cancellation or termination, access may continue until the end of the current billing period unless the account has been suspended for breach, security, legal or misuse reasons.

Before your account closes, you should export any data you wish to keep.

Following closure, we may delete or anonymise your data in accordance with our Privacy Policy, unless we are required to retain it for legal, regulatory, accounting, security, backup or dispute resolution purposes.

14. Limitation of Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot legally be excluded.

To the fullest extent permitted by law, Tikkit is provided "as is". We do not guarantee that the Service will be uninterrupted, error-free or suitable for every purpose.

Tikkit should not be relied upon as the sole basis for operational, legal, financial or compliance decisions.

To the fullest extent permitted by law, we will not be liable for any indirect, consequential, incidental, special or punitive loss, including loss of profits, revenue, business or goodwill.

Our total liability arising from or relating to these Terms or the Service shall not exceed the total subscription fees paid by you during the twelve months immediately preceding the event giving rise to the claim.

15. Governing Law

These Terms are governed by the laws of England and Wales.

Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless applicable law provides otherwise.

16. Changes to these Terms

We may update these Terms from time to time.

When we do, we will update the date shown on this page and, where changes are significant, provide reasonable notice by email, through Tikkit or by another appropriate method.

Your continued use of Tikkit after the updated Terms take effect constitutes your acceptance of those changes.

If you do not agree with the updated Terms, you should stop using Tikkit and cancel any paid subscription before your next renewal date.

17. Backups and Data Recovery

We maintain reasonable procedures to protect customer data and regularly back up systems used to provide the Service.

While we take reasonable steps to safeguard your data, no online service can guarantee against all loss or corruption of information. You are responsible for keeping copies of any data that is critical to your business or legal obligations.

Where possible, we will use reasonable efforts to restore data following a service incident. However, we cannot guarantee that all information can be recovered in every circumstance.

18. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where that failure or delay is caused by circumstances beyond its reasonable control.

These circumstances may include natural disasters, fire, flood, war, terrorism, civil unrest, industrial disputes, internet or telecommunications failures, cyber-attacks, power outages, government action, pandemics or failures of third-party hosting or infrastructure providers.

The affected party will use reasonable efforts to minimise the impact of the event and resume normal performance as soon as reasonably practicable.

19. Beta Features

From time to time, we may make new or experimental features available for testing before they are officially released ("Beta Features").

Beta Features are provided on an "as available" basis and may contain errors, be incomplete or change without notice. They may be modified, suspended or withdrawn at any time.

Unless we state otherwise, Beta Features are provided at no additional cost and are not covered by any service level commitments or guarantees.

Your use of Beta Features is entirely optional, and we welcome any feedback you choose to provide.

20. Feedback

We value your suggestions and feedback about Tikkit.

If you choose to provide ideas, suggestions, feature requests or other feedback relating to the Service, you agree that we may use, modify, develop and incorporate that feedback into Tikkit or our other products without restriction and without any obligation to compensate you.

You retain ownership of your own business information and content. This clause only applies to ideas and suggestions you voluntarily provide about improving the Service.

21. Entire Agreement

These Terms, together with our Privacy Policy and any written order, quotation or subscription agreement we have agreed with you, constitute the entire agreement between you and us in relation to your use of Tikkit.

They replace any previous discussions, correspondence, representations or agreements relating to the Service.

Nothing in this clause limits liability for fraud or fraudulent misrepresentation.

22. Assignment

You may not assign, transfer or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms to another company within our group or as part of a merger, acquisition, business sale or corporate reorganisation, provided this does not materially reduce your rights under these Terms.

23. Severability

If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable.

If it cannot be modified, it shall be treated as removed from these Terms. The remaining provisions shall continue in full force and effect.

24. No Waiver

If either party delays or chooses not to enforce any right or provision under these Terms, this shall not prevent that party from enforcing the same or any other right at a later date.

Any waiver of a right under these Terms must be made in writing and applies only to the specific circumstance for which it is given.

25. Contact Us

If you have any questions about these Terms, please contact us at legal@tikkit.live.