Terms and Conditions

1. Who we are

The Platform is provided by LeisureDeck Ltd (LeisureDeck, we, us, our).

2. Definitions

Business Customer

the organisation purchasing a subscription to use the Platform (e.g., leisure venue, gym, club, personal trainer).

Authorised Users

the Business Customer’s staff, contractors, and administrators permitted to use the Platform.

End Users

the Business Customer’s customers/members/participants whose data is managed in the Platform.

Customer Data

data submitted to the Platform by or on behalf of the Business Customer, including End User personal data.

Subscription

the paid plan (monthly or annual) for the Platform.

Free Trial

a time-limited trial period offered at our discretion.

3. Eligibility and account security

You must be at least 18 years old and have authority to bind the Business Customer.

You are responsible for:

• keeping login credentials secure
• ensuring only Authorised Users access the account
• all activity that occurs under your account

4. The Platform and licence

Subject to these Terms and payment of applicable fees, we grant the Business Customer a limited, non-exclusive, non-transferable, revocable licence for Authorised Users to access and use the Platform during the Subscription.

The Business Customer must not (and must not allow others to):

• copy, modify, or create derivative works of the Platform
• reverse engineer, decompile, or attempt to extract source code (except where permitted by law)
• access the Platform to build a competing product
• interfere with or disrupt the Platform (including security testing without prior written consent)

5. Business Customer responsibilities

The Business Customer is responsible for:

• configuring the Platform appropriately for its operations
• ensuring Authorised Users are trained and comply with these Terms
• maintaining accurate Customer Data
• obtaining all rights, permissions, and consents needed to provide Customer Data to the Platform
• ensuring communications sent to End Users (including email and WhatsApp messages) comply with applicable laws and industry rules (including marketing and anti-spam requirements)

6. Messaging features (email and WhatsApp)

The Platform may allow the Business Customer to send communications to End Users, including via email and WhatsApp (the Messaging Features).

The Business Customer acknowledges and agrees:

• it is solely responsible for the content, timing, and recipient list for messages it sends
• it must only contact End Users where it has a lawful basis and any required consent
• it must honour opt-outs and preferences and maintain suppression lists where required
• it must not use the Messaging Features for unlawful, harmful, misleading, or abusive communications

Messaging delivery may rely on third-party providers and networks. We do not guarantee delivery, timing, or availability of any third-party messaging channel.

7. Free trial

If we offer a Free Trial:

• it is provided for evaluation purposes only
• we may set eligibility rules and limits (including feature limits)
• we may modify, suspend, or withdraw the Free Trial at any time

At the end of the Free Trial, you may need to purchase a Subscription to continue using the Platform.

8. Subscriptions, fees, and payment

Fees

Subscriptions are offered on a monthly or annual basis. Fees, plan features, and usage limits (if any) will be shown at checkout or in an order form.

Usage-based charges (Messaging and other add-ons)

Some features may be subject to additional fees (for example, usage-based charges for email and/or WhatsApp messages). Where applicable, we will disclose these charges in the Platform, at checkout, in an order form, or in applicable plan documentation.

Payment processing

Payments are processed via Stripe. You authorise us (and Stripe) to charge the payment method on file for:

• recurring Subscription fees
• any applicable usage-based charges
• applicable taxes

Late payment

If payment is overdue, we may suspend access to the Platform until amounts are paid.

9. Cancellation and term

Term

These Terms start when you first accept them and continue until your account is closed.

Cancel anytime

You can cancel your Subscription at any time through the Platform (or by contacting support if required).

Unless stated otherwise at checkout or in an order form:

• cancellation stops future renewals
• fees already paid are non-refundable
• you will retain access until the end of the current billing period

10. Support and changes

We may provide support channels and response targets, which may vary by plan.

We may update or change the Platform from time to time (including adding, removing, or modifying features). We will aim to avoid material negative impact, but some changes may be necessary for security, legal, or operational reasons.

11. Customer Data and data protection

Customer Data

As between the parties, the Business Customer owns and controls Customer Data.

Data protection roles

Where the Platform processes End User personal data on behalf of the Business Customer, the Business Customer acts as Controller and LeisureDeck acts as Processor.

The Business Customer is responsible for providing appropriate privacy information to End Users and for determining the lawful basis for processing.

Data Processing Agreement

Where required by applicable data protection law, the parties will enter into a data processing agreement (DPA) governing our processing of Customer Data.

12. Confidentiality

Each party may receive confidential information from the other. Each party agrees to:

• use confidential information only to perform its obligations or exercise its rights under these Terms
• protect it using reasonable care
• not disclose it except to personnel and suppliers who need to know and are bound by confidentiality obligations

13. Intellectual property

We own all intellectual property rights in the Platform, including all software, templates, workflows, and documentation, except for Customer Data.

The Business Customer grants us a limited right to host, process, transmit, and display Customer Data solely to provide and improve the Platform and to meet our legal obligations.

14. Acceptable use

You must not use the Platform to:

• break the law or infringe others’ rights
• send spam or unsolicited marketing
• upload malware or attempt to gain unauthorised access
• harass, threaten, or abuse others
• process special category data (e.g., health data) unless the Platform explicitly supports it and you have a lawful basis and appropriate safeguards

We may suspend or terminate access for violations.

15. Suspension and termination

We may suspend access immediately if:

• we reasonably believe there is a security risk, unlawful activity, or serious breach
• required to do so by law

We may terminate these Terms by notice if you materially breach and fail to remedy within a reasonable period.

On termination or expiry:

• your right to use the Platform ends
• we may delete or return Customer Data in accordance with our retention practices and any DPA

16. Disclaimers

The Platform is provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free, or that it will meet your requirements.

17. Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited by law.

Subject to the above, to the maximum extent permitted by law:

• we will not be liable for indirect, incidental, special, consequential, or punitive losses, or loss of profits, revenue, goodwill, or data
• our total liability arising out of or in connection with the Platform and these Terms will not exceed the fees paid by the Business Customer to us in the 12 months before the event giving rise to the claim

18. Indemnity

The Business Customer will indemnify and hold LeisureDeck harmless from claims arising from:

• Customer Data (including allegations that the Business Customer did not have the right to collect or share it)
• messages sent using the Messaging Features (including content and recipient permissions)
• the Business Customer’s breach of these Terms or applicable law

19. Governing law and jurisdiction

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

The courts of England and Wales will have exclusive jurisdiction over disputes arising out of or in connection with these Terms.

20. General

• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, or sale of assets.
• Severability: If any provision is unenforceable, the rest remains in effect.
• Waiver: Failure to enforce a provision is not a waiver.
• Entire agreement: These Terms and any order form/DPA form the entire agreement regarding the Platform.

21. Contact

Questions about these Terms:

• Email: rhys@leisuredeck.co.uk
• Address: C/O Accrue Accounting, Unit E4 Arena Business Centre, Holyrood Close, Poole, Dorset, United Kingdom, BH17 7FP