Terms of service

Last updated 4 October 2026

These terms govern access to and use of Kinetiq (the “service”), provided by the organization operating this service (“we”, “us”) to the organization that signs an order form for it (the “customer”). If an order form conflicts with these terms, the order form controls. A person who scans a QR code at an event is not a party to these terms; the privacy notice explains how their information is handled.

The service

The service lets the customer run sponsor activations at events, capture fan sign-ups and consent, issue offers, record outcomes, and report on results to its sponsors. We provide the service as described in its documentation and the order form, and may improve it over time without materially reducing its core functionality during a paid term.

Accounts

• The customer controls who has access: it invites members, assigns their roles and removes them.
• Each member uses their own account. The customer is responsible for its members' actions, for keeping credentials and API keys confidential, and for telling us promptly of any unauthorized use it becomes aware of.
• Sponsor contacts invited by the customer act under the customer's account and these terms.

Acceptable use

The customer will not, and will not let anyone else:

• use the service in breach of law, including privacy, marketing and consumer protection law;
• collect personal data through the service without a lawful basis, or show fans consent wording it does not honour;
• upload malicious code, or probe, scan or test the service's vulnerabilities without our written permission;
• interfere with the service or other customers, or exceed its rate limits by design;
• resell, sublicense or provide the service to third parties except its own sponsors as the service intends;
• copy, reverse engineer or build a competing product from the service.

We may suspend access that we reasonably believe breaches this section, with notice where practical.

Customer data

The customer owns the data it and its fans put into the service. The customer grants us the rights needed to host, process and display that data only to provide and support the service. We process personal data as the customer's processor under the data processing addendum, which forms part of these terms. The customer is responsible for the accuracy of its data and for having the notices and consents the law requires. We may use aggregated statistics that identify neither the customer nor any person, such as cross-property benchmarks built only when at least five organizations contribute.

Fees

The customer pays the fees as agreed in the order form. Unless the order form says otherwise, fees are exclusive of taxes, and amounts not paid when due may lead to suspension after written notice.

Warranty disclaimer

Except as expressly stated in the order form, the service is provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the service will be uninterrupted or error free.

Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill. Each party's total liability arising out of these terms is limited to the fees paid or payable by the customer in the twelve months before the event giving rise to the claim. These limits do not apply to the customer's payment obligations, to a party's breach of the acceptable use section, or to liability that cannot be limited by law.

Termination

The subscription runs for the term in the order form. Either party may terminate for the other's material breach not cured within 30 days of written notice. On termination, access ends; the customer may export its data before then using the service's exports, and we delete customer data as the data processing addendum provides. Sections that by their nature should survive termination survive it.

Governing law

These terms are governed by the laws of the jurisdiction stated in the order form, and disputes go to the courts that the order form names. We may update these terms by posting a new version here; a change that materially reduces the customer's rights takes effect at the next renewal of its order form.