Effective Date: 10 September 2025
These Terms and Conditions ("Terms") govern your use of the FanCircles PushPass web platform and associated services (the "Service"), provided by Access Experiences Limited, trading as FanCircles. By registering for or using the Service, you ("Client," "you," or "your") agree to be bound by these Terms.
1.1. Service: The FanCircles PushPass web platform, including all associated features, software, documentation, and digital tools that enable the creation, management, and distribution of digital wallet passes ("Digital Passes").
1.2. Client: The paying entity or individual who has registered an account to use the Service.
1.3. Subscriber: An end-user, fan, or customer who has downloaded a Digital Pass from a Client.
1.4. Content: All data, text, images, logos, graphics, and other materials uploaded by the Client to the Service for the purpose of creating Digital Passes.
1.5. Subscription Fee: The recurring fee paid by the Client to FanCircles for access to and use of the Service.
2.1. Access and License: FanCircles grants you a non-exclusive, non-transferable, revocable license to access and use the Service during the term of your subscription. You may use the Service solely for your internal business purposes to create and distribute Digital Passes to your Subscribers.
2.2. Restrictions: You shall not, and shall not permit any third party to: (a) sell, lease, sublicense, or otherwise make the Service available to a third party; (b) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service; or (c) use the Service for any illegal or unauthorised purpose.
3.1. Account and Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify FanCircles immediately of any unauthorised use or security breach.
3.2. Content: You are solely responsible for all Content uploaded to the Service. You warrant that you have all necessary rights, licenses, and permissions to use and distribute the Content and that the Content does not infringe upon the intellectual property rights of any third party.
3.3. Subscriber Data: You are the Data Controller for all Subscriber data. It is your sole responsibility to obtain all necessary consents, provide adequate privacy notices, and comply with all applicable data protection laws, including the UK GDPR, in relation to the collection and use of Subscriber data.
3.4. Compliance with Law: You agree to comply with all applicable laws and regulations in your use of the Service, including but not limited to those related to privacy, data protection, and electronic communications.
4.1. FanCircles IP: FanCircles and its licensors retain all right, title, and interest in and to the Service, including all software, documentation, and intellectual property rights therein. These Terms do not grant you any ownership rights in the Service.
4.2. Client IP: You retain all right, title, and interest in and to your Content. By uploading Content to the Service, you grant FanCircles a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Content for the sole purpose of providing and operating the Service.
5.1. Subscription Fees: The Subscription Fee is based on the plan you have selected and includes an inclusive number of subscribers. This fee is billed in advance on a recurring basis. All fees are non-refundable, except for the 14-day money-back guarantee, which requires you to contact us within this 14-day period to qualify.
5.2. Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel it. You may cancel your subscription at any time through your account dashboard.
5.3. Non-Payment: If a payment fails, we will attempt to retry the payment after 10 days. If the payment is still not successful, your account will be restricted. If the issue is not resolved within 30 days of the initial failed payment, your account and all associated data will be permanently deleted.
5.4. Usage Charges: Your subscription includes an inclusive number of subscribers. Your end-of-period bill will include additional charges for any subscribers exceeding this amount. These additional fees are determined by the pricing tiers outlined at https://pass.fancircles.com/subscribe/tiers.
6.1. Termination by Client: You may terminate your subscription at any time by cancelling your account. The termination will take effect at the end of your current billing period.
6.2. Termination by FanCircles: We may suspend or terminate your account at any time if you are in material breach of these Terms, including for non-payment or misuse of the Service.
6.3. Data Deletion: Upon the termination of your account, all Content and Subscriber data associated with your account will be permanently deleted from our systems within 90 days. You are responsible for exporting any data you wish to retain before termination.
7.1. Our Warranty: We warrant that we will provide the Service using reasonable skill and care. However, we do not guarantee that the Service will be uninterrupted, error-free, or completely secure.
7.2. Your Warranty: You warrant that your use of the Service, including the collection and processing of Subscriber data, will comply with all applicable laws, rules, and regulations.
7.3. Disclaimer: The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, FanCircles disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.1. Limitation: To the maximum extent permitted by law, FanCircles' total liability to you for any and all claims arising out of or in connection with these Terms or the Service shall not exceed the total Subscription Fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
8.2. Exclusions: In no event shall FanCircles be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, arising from your use of the Service. FanCircles is not responsible for any issues or failures arising from third-party services, including Google Wallet and Apple Wallet.
You agree to indemnify, defend, and hold harmless FanCircles and its officers, directors, and employees from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to your Content, your use of the Service, or your breach of these Terms.
Both parties agree to treat all non-public information received from the other party as confidential and to use such information only for the purpose of fulfilling their obligations under these Terms.
11.1. Entire Agreement: These Terms constitute the entire agreement between you and FanCircles concerning the Service and supersede all prior or contemporaneous agreements.
11.2. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
11.3. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
11.4. Waiver: The failure of FanCircles to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.5. Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
FanCircles reserves the right to modify these Terms at any time. We will provide you with at least 30 days' advance notice of any material changes by sending an email to the address on your account or by providing a prominent notice on our website. By continuing to use the Service after the effective date of the changes, you agree to be bound by the revised Terms. If you do not agree to the new Terms, your sole remedy is to terminate your account before the changes take effect.