Terms of service

Who we are

Gravity Pass is a trading name of Voicebooth Limited, a company registered in England and Wales with company number 07758368. Our registered office is Ashbourne House, The Guildway, Old Portsmouth Road, Guildford, GU3 1LR, United Kingdom. You can contact us at [email protected]. In these terms, "we", "us" and "Gravity Pass" mean Voicebooth Limited.

About these terms

These terms have two parts. "Using the website" applies to everyone who visits www.gravitypass.app. "Customer terms" apply to bike parks, uplift centres and other businesses that subscribe to the Gravity Pass booking software and related services (the "Service"), and form the contract between us and each of them (the "Customer"). If you are accepting them for a business, you confirm you have authority to bind that business. The Service is for businesses only and not for consumers.

If there is a conflict, the order of priority is: a signed order form (if any), the data processing terms described below, then these terms.

Website content

The website is provided for general information about Gravity Pass. We try to keep it accurate and up to date, but you should not rely on it as advice or as a promise of how the Service works. A feature description, price or screenshot may change. Only the terms in a contract with you, and the version of the Service you actually subscribe to, are binding.

Ownership and permitted use

The website, its text, design, images and branding belong to us or our licensors. You may view it and share links to it, and print or download extracts for your own use when assessing Gravity Pass. You must not copy, republish, scrape or reuse the content for other purposes without our written permission, or use the website in a way that is unlawful, harms it or interferes with its operation.

Links and third parties

The website may link to websites we do not control, such as those of bike parks or technology providers. We are not responsible for their content or practices. You can link to our home page, as long as it does not suggest we endorse you.

Limits for website use

We provide the website "as is". We do not guarantee that it will be available at all times or free of errors or viruses. To the extent the law allows, we are not liable for loss arising from your use of, or inability to use, the website. Nothing excludes liability for fraud, or for death or personal injury caused by our negligence.

The Service

Gravity Pass provides online booking, payments, digital waivers, check-in, a merchandise shop and related tools for bike parks and uplift centres. We may improve, change or remove features over time. If we make a change that materially reduces the Service you pay for, we will give you reasonable notice. Trials, demonstrations and any features we label as "beta" or "preview" are provided without commitment, may change or be withdrawn, and are excluded from the support commitments below.

Starting the contract

The contract between us begins when you accept these terms, sign an order form, or start using the Service for your business, whichever is first. We may decline a request to subscribe.

Accounts and access

• Customers are responsible for the staff they give access to, and for keeping sign-in methods, passkeys and authenticator devices secure.
• Information you give us must be accurate and kept up to date.
• Tell us promptly at [email protected] if you suspect unauthorised access or a security problem.
• You are responsible for everything done through your accounts, unless it results from our failure to keep the Service secure.

Term and renewal

The Service is provided for a minimum term of 12 months from the date your subscription starts. The subscription then renews automatically for further 12-month terms unless either of us gives the other at least 30 days' written notice before the end of the current term. Except for the break right below, Customers cannot cancel part-way through a term, and subscription fees for the remainder of the term remain payable.

One-month break right. The Customer may cancel the Service, without giving a reason, by written notice to us at any time during the first month of the initial term, which means the period of one calendar month starting on the date the subscription starts. The cancellation takes effect immediately when we receive the notice. The Customer must pay the subscription fee for the first month, which is not refundable, and our booking fees on bookings made up to the date the cancellation takes effect. No other fees are payable for the rest of the 12-month term. This right ends automatically when the first month ends. From the start of the second month onwards, the Customer can no longer use it, and the Customer is bound for the rest of the 12-month term. It does not apply to renewal terms.

Fees and invoicing

Our current fees are shown on the pricing page: a monthly subscription plus a percentage fee on each online booking. The pricing page also explains how the booking fee can be passed on to riders. Where you choose to pass it on, you remain responsible for paying it to us.

• We invoice the subscription in advance and the booking fee on the bookings made through the Service, by email, in the currency shown on the pricing page.
• Fees are exclusive of VAT and any other taxes, which you pay in addition at the applicable rate.
• Invoices are payable within 14 days of the invoice date, unless an order form says otherwise, by the payment method we agree with you.
• If an invoice is overdue, we may charge interest at 8% a year above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998, together with the fixed compensation and reasonable recovery costs that the Act allows. We may also suspend the Service until the amount is paid, after giving you at least 7 days' notice.
• If you dispute an invoice, tell us within 30 days and pay the undisputed part. We will work with you to resolve it promptly.
• Prices are fixed for the 12-month term. We may change them for a renewal term by giving you at least 60 days' notice before it begins.

Payments from riders

Rider payments are processed by Stripe through the Customer's own Stripe account, which the Customer must connect before taking online payments. Gravity Pass does not hold rider funds or act as a payment institution. By connecting an account you agree to Stripe's terms and privacy policy, and your relationship with Stripe is separate from your contract with us. In particular:

• Stripe sets and charges its own processing fees to you, separately from ours.
• Payouts, their timing and any holds or reserves are governed by Stripe and your agreement with it, not by us.
• You are responsible for refunds, disputes and chargebacks on your bookings and shop orders, and for any amounts Stripe recovers from your account. When you refund a booking through the Service, our booking fee on that booking is not refunded unless we say so, or the refund was needed because of a fault in the Service.
• You are responsible for your own tax obligations on what you sell, including charging and accounting for VAT, and for complying with consumer and payment rules that apply to you.
• We are not responsible for failures, delays or limits caused by Stripe or the card networks, or for Stripe closing or restricting your account.

Customers and their riders

Each bike park is the seller of its own tickets, passes, merchandise and other products, and is responsible for its prices, refund and cancellation policies, terms of sale, rider rules, waivers, safety rules, insurance and the safe operation of its park. Gravity Pass is a software provider and is not a party to the contract between a bike park and its riders. Riders with questions about a booking, a refund or an injury should contact the bike park.

The Customer must show its own terms of sale and any rider terms to riders at checkout. Any sample wording, templates or default text in the Service are provided for convenience only.

Waivers and legal content

The Service lets Customers present and collect signed waivers, rider terms and other legal documents. We provide the tool, not legal advice. The Customer is responsible for the wording of every waiver and legal document it uses, for taking its own legal advice on whether they are valid and enforceable where it operates, and for keeping any records it needs. We do not guarantee that a waiver collected through the Service will be enforceable in any particular case.

Data protection

For personal data about riders and other customers that the Customer collects through the Service, the Customer is the controller and Gravity Pass is the processor. We will process it only on the Customer's documented instructions, which are these terms and the Customer's use of the Service, and in line with the UK GDPR and the Data Protection Act 2018, and the EU GDPR where it applies. The data processing terms we give to Customers, including the obligations summarised in our privacy policy and the arrangements for sub-processors, form part of these terms. On request we will sign a separate data processing agreement on equivalent terms.

The Customer must have a lawful basis for the data it puts into the Service, must give riders any notices the law requires, and is responsible for the instructions it gives us. For personal data we hold as controller, such as the details of the Customer's staff and contacts, our privacy policy applies.

Security

We maintain appropriate technical and organisational measures to protect the Service and Customer data, including access controls, encryption of data in transit, audit logging and regular backups. If we become aware of a personal data breach affecting Customer data, we will tell the Customer without undue delay. The Customer must keep its own devices, sign-in methods and staff access appropriately secure.

Acceptable use

You must not:

• use the Service unlawfully, fraudulently or to harm others;
• attempt to break, probe or bypass the security of the Service, or access data that is not yours;
• interfere with or overload the Service, or use automated means to scrape it;
• copy, resell, reverse engineer or build a competing product from the Service, except where the law allows it; or
• upload malicious code or content you do not have the right to use.

We may suspend access if we reasonably believe these rules are being broken or the Service is at risk. Where practical we will tell you why and restore access once the problem is resolved.

Your content and data

Customers keep ownership of their data, including bookings, customer records, images and branding. You give us a licence to host, process and display it only as needed to provide and support the Service. We keep the Service secure and back it up, but you are responsible for exporting any records you need to keep.

Our intellectual property

Gravity Pass, its software, design, text and branding belong to us or our licensors. Subscribing gives you a limited, non-exclusive, non-transferable right to use the Service for your own business while your subscription is active. Nothing else is transferred to you.

Feedback and references

If you suggest improvements or give us feedback, we may use it freely without paying you or crediting you. Unless you tell us otherwise, you agree that we may name you as a Customer and show your name and logo on our website and in our sales materials. You can withdraw this permission at any time by emailing us, and we will stop using your name and logo in new materials within a reasonable time.

Confidentiality

Each of us must keep the other's confidential information secret, use it only for the purposes of the contract, and disclose it only to employees, advisers and subcontractors who need to know it and are bound to keep it confidential. Confidential information includes non-public pricing, business plans, and Customer data. It does not include information that is public through no fault of the recipient, that the recipient already lawfully knew or received from someone else, or that it develops independently. Either of us may disclose information where the law or a regulator requires it. These duties continue for three years after the contract ends, and for as long as the information remains confidential in the case of personal data.

Third-party services and integrations

The Service works with services that we do not provide or control, such as Stripe, email providers, analytics tools and any integrations you connect. Your use of them is governed by their own terms. We are not responsible for them, for changes they make, or for loss caused by their failure, but we will use reasonable efforts to keep supported integrations working.

Availability and support

We aim to keep the Service available and working, and to make it available at least 99.5% of the time in each calendar month, excluding scheduled maintenance we tell you about in advance and events outside our reasonable control. This is a target, not a guarantee, and it does not entitle you to service credits unless an order form says so. We do not promise the Service will be uninterrupted or error free, and it depends on third parties such as hosting, payment and email providers.

Support is provided by email at [email protected] during UK business hours (09:00 to 17:00, Monday to Friday, excluding public holidays in England). We aim to reply within one working day, and to treat anything that stops riders booking as a priority.

Subcontractors

We may use subcontractors and sub-processors to provide the Service, and we remain responsible for what they do. See the sub-processor arrangements in our privacy policy.

Ending the contract

Either of us may end the contract immediately by written notice if the other:

• commits a material breach and, where it can be fixed, does not fix it within 30 days of being told; or
• becomes insolvent, enters administration or liquidation, has a receiver appointed, makes an arrangement with its creditors, or stops carrying on business.

We may suspend or end the Service immediately where a breach is serious or unlawful, including fraud or a security threat. Fees already paid are not refunded unless the law requires it or we are in material breach. If the Customer ends the contract because of our material breach, we will refund subscription fees for the period after the end date.

When the contract ends the Customer's access stops. We will make the Customer's data available for export for 30 days, and then delete it or return it, unless the law requires us to keep it. Terms that by their nature should survive, including payment, confidentiality, liability and governing law, continue after the contract ends.

Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, we exclude all warranties not expressly stated in these terms. Customers are responsible for the accuracy of what they publish, including prices, availability, safety information and waiver wording, and for the safe running of their park.

Limit of liability

Nothing in these terms limits or excludes 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, and to the extent the law allows:

• we are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, whether or not it was foreseeable;
• our total liability for any claim relating to the Service is limited to the fees you paid us in the 12 months before the event that gave rise to the claim; and
• our total liability for all claims relating to data protection, including breach of our data processing obligations, is limited to twice the fees you paid us in the 12 months before the event that gave rise to the claim.

Indemnity

Customers will cover us against claims brought by third parties, including riders, arising from the operation of their park, their content, their waivers and terms of sale, or their breach of these terms or the law, except to the extent we caused the loss. We will tell you promptly of any claim, let you take over its defence, and give you reasonable help at your cost.

Events outside our control

Neither of us is liable for failing or delaying to perform an obligation, other than paying money, because of an event beyond our reasonable control. Examples are extreme weather, fire, flood, strikes, war, terrorism, failure of the internet, power or hosting infrastructure, a cyber attack despite reasonable precautions, and acts of government. If the event continues for more than 60 days, either of us may end the contract by written notice.

Compliance

Each of us will comply with the laws that apply to it, including anti-bribery and anti-corruption laws and sanctions and export controls. You must not use the Service from, or for the benefit of, anyone in a country or on a list subject to UK sanctions.

Changes to these terms

We may update these terms from time to time. The date at the top shows when they last changed. For Customers, material changes will be notified by email at least 30 days before they take effect, and apply from the next renewal term if they are materially adverse to you and you object in writing within that period. Otherwise, continuing to use the Service afterwards means you accept the updated terms.

Notices

Notices to us must be sent by email to [email protected] or by post to our registered office. We may send notices to the email address on your account, or to the address on your order form. An email is treated as received the next working day after it is sent, and a posted letter two working days after posting.

Disputes

If there is a dispute, each of us will first try to resolve it in good faith through discussion between senior representatives for at least 30 days before starting court proceedings. This does not stop either of us from seeking urgent court relief.

General

• Whole agreement. These terms, any order form and the data processing terms are the whole agreement between us about the Service, and replace earlier discussions. Neither of us relies on any statement not set out in them, except for fraud.
• Assignment. You may not transfer your rights or obligations without our written consent. We may transfer ours to a company that takes over our business, on notice to you.
• Third-party rights. Nobody other than the parties, including riders and your staff, has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
• Severance and waiver. If part of these terms is found unenforceable, the rest still applies. Failing to enforce a term is not a waiver of it.
• Relationship. We are independent contractors. Nothing in these terms makes us partners, agents or employees of each other.
• Governing law. These terms and any dispute arising from them, including non-contractual disputes, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Contact

Questions about these terms can be sent to [email protected].