Terms of Service

1. Agreement to Terms

By accessing or using Clubbera ("Platform", "Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

You must be at least 18 years old to use Clubbera.

2. Description of Service

Clubbera is a community management platform that enables organizers to create, manage, and monetize communities through events, memberships, and other community activities. The Service connects community organizers ("Organizers") with community members ("Members") and provides tools for community engagement, event management, and payment processing.

3. Account Registration and Responsibilities

3.1 Account Creation

• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account

3.2 Account Eligibility

• You must be at least 18 years old
• You must not be prohibited from using the Service under UK law or any other applicable jurisdiction
• You may only maintain one account unless expressly authorized by us

3.3 Account Termination

• You may close your account at any time by contacting support
• We may suspend or terminate your account if you violate these Terms
• Upon termination, your right to use the Service ceases immediately

4. User Roles and Responsibilities

4.1 Community Organizers

As an Organizer, you are responsible for:

• Creating and managing your community in accordance with these Terms
• Setting community rules that comply with our Content Guidelines
• Moderating content within your community
• Accurately describing events, memberships, and services
• Fulfilling obligations to your community members
• Handling disputes with members in good faith
• Processing refunds in accordance with your stated policies

4.2 Community Members

As a Member, you are responsible for:

• Following the rules set by community organizers
• Respecting other members and organizers
• Providing accurate information for event registration and payments
• Understanding refund policies before purchasing tickets or memberships

5. Payment Terms

5.1 Platform Fees

• Clubbera charges a service fee of 5-6% on ticket sales
• Clubbera charges a service fee of 10-15% on support and donation transactions
• All fees are clearly displayed before transaction completion
• Fees are non-refundable except as required by law

5.2 Payment Processing

• Payments are processed through our third-party payment processor, Stripe
• You must comply with Stripe's terms of service and acceptable use policies
• Payment information is handled in accordance with PCI-DSS standards
• We are not responsible for payment processing errors caused by incorrect information you provide

5.3 Payouts to Organizers

• Organizers receive payouts according to the schedule and terms agreed upon during onboarding
• Payouts are subject to verification and fraud prevention measures
• We reserve the right to delay or withhold payouts if fraud or policy violations are suspected

5.4 Refunds

• Refund policies are set by individual Organizers for their events and memberships
• Members should review refund policies before purchasing
• Refund requests are handled by Organizers unless we determine intervention is necessary
• We reserve the right to issue refunds in cases of fraud, misrepresentation, or policy violations

6. Content and Conduct

6.1 User Content

You may post, upload, or share content on the Platform including:

• Event experiences and reviews
• Photos and images
• Poll votes and responses
• Comments and discussions
• Community posts

By posting content, you grant Clubbera a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content in connection with the Service.

6.2 Content Ownership

• You retain all rights to content you post
• You represent that you have all necessary rights to post your content
• You are solely responsible for your content and the consequences of posting it

6.3 Prohibited Content and Conduct

You may not post content or engage in conduct that:

• Violates any applicable law or regulation
• Infringes intellectual property rights of others
• Contains hate speech, harassment, or threats
• Includes spam or unsolicited commercial content
• Depicts nudity or sexually explicit material
• Promotes illegal activities, violence, or self-harm
• Contains malware, viruses, or malicious code
• Impersonates others or misrepresents your identity
• Involves scams, fraud, or deceptive practices

6.4 Content Moderation

• Communities are responsible for moderating content within their spaces
• We reserve the right to remove content that violates these Terms or our Content Moderation Policy
• We may use automated systems and human review to identify policy violations
• We will intervene in cases of illegal content, scams, fraud, or serious policy violations

7. Intellectual Property

7.1 Clubbera's Rights

The Service, including all content, features, and functionality, is owned by Clubbera and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any proprietary notices
• Use our trademarks without permission

7.2 Feedback

If you provide suggestions or feedback about the Service, we may use that feedback without any obligation to you.

8. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy and Data Processing Agreement.

Key points:

• We collect and process personal data as described in our Privacy Policy
• Organizers act as data controllers for their community member data
• We comply with GDPR and UK data protection laws
• You have rights regarding your personal data as outlined in our Privacy Policy

9. Third-Party Services

9.1 Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party services.

9.2 Third-Party Integration

We use third-party services including:

• Stripe for payment processing
• Google Analytics for usage analytics
• AWS, Azure, Heroku, and Netlify for hosting and infrastructure

Your use of these services is subject to their respective terms and policies.

10. Disclaimers and Limitation of Liability

10.1 Service Availability

• The Service is provided "as is" and "as available"
• We do not guarantee uninterrupted or error-free service
• We may modify, suspend, or discontinue any part of the Service at any time
• We are not responsible for service outages caused by third-party providers

10.2 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS BEFORE THE CLAIM
• WE ARE NOT LIABLE FOR LOSSES CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL

10.4 Community Relationships

• We are not responsible for disputes between Organizers and Members
• We are not responsible for the quality, safety, or legality of events or services provided by Organizers
• We are not party to any agreements between Organizers and Members
• You are solely responsible for evaluating and interacting with other users

11. Indemnification

You agree to indemnify and hold Clubbera, its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any rights of another party
• Your use of the Service
• Content you post on the Service

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

12.2 Informal Resolution

Before filing a formal dispute, you agree to contact us to attempt to resolve the issue informally. We will make reasonable efforts to resolve disputes within 30 days.

12.3 Jurisdiction

Any legal action arising from these Terms must be filed in the courts of England and Wales. You consent to the exclusive jurisdiction of these courts.

12.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations, to the extent permitted by law.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on the Platform
• Sending notice to your registered email address
• Displaying a prominent notice on the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and close your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Data Processing Agreement, and Content Moderation Policy, constitute the entire agreement between you and Clubbera regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

14.5 Survival

Provisions that by their nature should survive termination (including liability limitations, indemnification, and dispute resolution) will survive termination of these Terms.

14.6 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

15. Contact Information

For questions about these Terms, contact us at:

Email: founders@clubbera.com