Effective Date: 26 February 2025

Welcome to Envitely.com! By accessing or using our website, services, or platform, you agree to comply with and be bound by the following Terms and Conditions. If you do not agree with these terms, please do not use our services.

1. Purpose

Envitely, LTD (“Envitely,” “we,” “us,” or “our”) provides a platform that enables users to create and manage events. By accessing or using the Envitely website, mobile application, or any services provided through these platforms (“Services”), you agree to be bound by this Agreement. The effectiveness of our Services relies on the adherence to these terms by you and other users (collectively “you,” “your,” or “Users”). While we make every effort to enforce these terms, we cannot guarantee that all Users will comply and do not accept responsibility for their actions or failure to do so.

2. Eligibility

By accessing or using the Services in any manner, including by clicking a button or taking similar actions to indicate your acceptance of this Agreement, you confirm that:

1. You have read, understood, and agree to be bound by this Agreement, including any future amendments or updates published through this link or within the Services;
2. You are at least 16 years old;
3. You have the legal authority to enter into this Agreement;
4. You will comply with all applicable laws, including those of the country, state, and city in which you are located while using the Services.

If you do not agree to these terms, you may not access or use the Services.

3. Access

1. Access – By entering into this Agreement, you are granted a revocable licence to access the Services free of charge. However, your access privileges are contingent upon your compliance with the terms of this Agreement. We reserve the right to temporarily deny you access to the Services or permanently terminate your access at any time if, at our sole discretion, you fail to comply with the terms of this Agreement or are likely to do so. By granting access, we do not commit to providing or maintaining the Services, nor to maintaining it in its current form. We expressly reserve the right to modify, suspend, or terminate your access privileges at any time.

2. Prohibited Uses

– For mobile application users and event guests: You understand, acknowledge, and agree that any access or use of the Services is for personal, non-commercial use only, and you will not exploit any part of the Services for commercial purposes.

– For Hosts or hosts using our Services (“Hosts”): You understand, acknowledge, and agree that any access or use of the Services is solely for the benefit of you or your organisation, and that you have all necessary authorisations and rights to use the Services on behalf of your organisation.

3. Non-transferability of Privileges – Your access privileges are non-transferable and cannot be shared with third parties.

4. Passwords and Security – You agree not to disclose your confidential password to anyone and to notify us immediately if there is a breach of security that affects our Services.

4. Acceptable Use Policy

By using the Services, you agree that:

1. You will only use the Services for lawful purposes and not for any deceptive or fraudulent activities. You will not send or store unlawful material.
2. You will not use the Services to cause nuisance, annoyance, or inconvenience.
3. You will not infringe upon the publicity or privacy rights of any individual.
4. You will not copy or distribute any content displayed through the Services without proper authorisation.
5. The information you provide to us, or otherwise communicate with us, is accurate and up to date.
6. You will not use the Services in any way that could damage, disable, overburden, or impair any of our servers or the networks connected to them.
7. You will not attempt to gain unauthorised access to any part of the Services, or any service, account, resource, computer system, or network connected to our servers.
8. You will not deep-link to the Services or use any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy, or monitor any portion of the Services or content.
9. You will report any errors, bugs, unauthorised access methods, or breaches of our intellectual property rights that you encounter while using the Services.
10. You will not impersonate another person, act as another entity without permission, or create multiple accounts.
11. Your self-submitted content (“User Content”) will not solicit personal information from anyone under 18, exploit individuals under 18 in a sexual or violent manner, or violate any laws regarding child protection or pornography.
12. Your User Content will not breach any state or federal laws regulating electronic advertising.
13. Your User Content will not contain excessive-size images, data, audio, visual files, or any other content, as determined at our sole discretion.
14. The creation, distribution, transmission, public display, performance, access, downloading, and copying of your User Content will not infringe upon the intellectual property rights of any third party, including but not limited to copyright, patent, trademark, or trade secret rights.
15. You have fully complied with any third-party licences related to your User Content and have ensured that any required terms are successfully passed on to viewers.

5. Information on our Services

Although we strive to ensure the information provided through our Services is accurate and complete, we cannot guarantee its accuracy, adequacy, quality, or suitability. We expressly disclaim any liability for errors or omissions in the content of our Services. Any reliance on or use of content or materials available through our Services is done at your own risk.

Links to third-party websites or phone numbers do not imply endorsement, approval, or affiliation with the linked entity.

Envitely does not organise or host events and is not responsible for ticketing or event-related matters. For any issues or disputes concerning an event, please contact the Host directly.

6. Payment Terms for Hosts

1. Payment Processing
   Payments for Host services on Envitely are processed through third-party platforms, including the Google Play Store and Apple App Store. By using our services, you acknowledge and agree that all transactions are subject to the terms and conditions of the respective platform.

2. Payment Methods
Hosts are required to make payments via the payment methods available on the Google Play Store or Apple App Store, including but not limited to credit cards, debit cards, or other payment options offered by these platforms.

3. Fees and Charges
All applicable fees for using Envitely’s services, including event creation, promotion, and other premium features, will be clearly outlined within the app. Fees are processed through the Play Store and Apple Store, and may be subject to platform-specific taxes, exchange rates, or additional charges. Envitely is not responsible for any additional charges that may be imposed by the Play Store or Apple App Store.

4. Payment Authorisation
By submitting your payment, you authorise the Play Store or Apple App Store to process your transaction. You also authorise Envitely to charge the payment method linked to your Play Store or Apple App Store account for the services you select.

5. Refunds and Cancellations
All payment-related disputes, refund requests, and cancellations must be handled through the Play Store or Apple App Store in accordance with their refund policies. Envitely does not manage refunds directly but will assist users in resolving payment-related issues by providing relevant information where necessary. No refunds will be provided for partial billing periods, unless otherwise specifically stated in an applicable promotional offer. Upon cancellation, Host will retain access to Envitely through the end of Host’s billing period.

6. Payment Security
All payment transactions are securely processed through the Play Store or Apple App Store. Envitely does not store your payment details and is not responsible for any security issues related to the payment processing systems of Google or Apple.

7. Changes to Payment Terms
Envitely reserves the right to modify these Payment Terms at any time. Any changes will be posted within the app or on our website. By continuing to use our services, you accept the updated Payment Terms.

8. Non-payment and Suspension
If payment is not successfully processed through the Play Store or Apple App Store, your access to premium features and services may be suspended or terminated until payment is successfully completed.

7. Intellectual Property Ownership

We (and our licensors, where applicable) retain all rights, title, and interest, including all associated intellectual property rights, in and to the Services. This Agreement does not constitute a sale and does not grant you any ownership rights in the Services or any intellectual property owned by us. Our name, logo, and product names related to the Services are either our trademarks or those of third parties, and no licence or right is granted to use them. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices embedded in or accompanying the Services.

8. Confidentiality

During the term of this Agreement, either party (the “Disclosing Party”) may share non-public, proprietary, or confidential information with the other party (the “Receiving Party”), which will be labelled as “confidential” if disclosed in writing or tangible form (“Confidential Information”). Confidential Information does not include information that: (a) becomes public through no fault of the Receiving Party; (b) is received from a third party without breach of confidentiality; (c) was already in the Receiving Party’s possession; or (d) is independently developed without use of the Confidential Information.

The Receiving Party agrees to:
(i) protect the Disclosing Party’s Confidential Information with at least the same care as its own, but no less than a commercially reasonable standard;
(ii) use the Confidential Information only to perform obligations or exercise rights under this Agreement;
(iii) disclose Confidential Information only to its employees or affiliates who need to know to fulfil these obligations.

If required by law to disclose Confidential Information, the Receiving Party will notify the Disclosing Party promptly, allowing them to seek a protective order or remedy at their own expense. For the purposes of this Section, “Receiving Party’s Group” includes its affiliates, employees, agents, and contractors.

9. Copyright Policy

We will suspend or terminate the account and access rights of any user who is found to be a repeat infringer of copyright. If you are a copyright owner or an authorised agent of a copyright owner, and you believe that any User Content on our platform infringes your copyrights, please notify us.

10. Privacy

Privacy Policy and Host Responsibilities
We have adopted a Privacy Policy that outlines our practices regarding the collection and use of personal data. By agreeing to this Agreement, you automatically consent to our Privacy Policy, which is incorporated by reference.

Hosts are responsible for obtaining the necessary consent from event guests for data collection and providing the required privacy notices.

Host Representations and Warranties
Hosts must comply with all relevant local, state, federal, and international laws, including privacy, electronic communications, and anti-spam regulations. As a Host, you represent and warrant that:

(i) You are authorised to provide instructions regarding personal data processing on behalf of third parties;
(ii) You have the necessary rights to share personal data with Envitely for the performance of this Agreement, including for international transfers, where applicable;
(iii) You are responsible for ensuring all required privacy notices are provided and consents obtained from end customers, and for maintaining records of such consents;
(iv) If any consent is revoked by an end customer, you are responsible for notifying Envitely.

You agree to indemnify and hold harmless Envitely from any third-party claims, including reasonable legal and accounting fees, arising from your breach of these representations and warranties, as outlined in Section 12 below.

11. Third-Party Interactions

Our Services may contain links to or display content from third-party websites and advertisements (“Third-Party Websites & Advertisements”). These are not under our control, and we are not responsible for any Third-Party Websites or Advertisements. We do not review, approve, endorse, monitor, or make any representations regarding the content, products, or services of these third parties.

By clicking on a link to a Third-Party Website or Advertisement, you acknowledge that you are leaving our Services. We will not notify you of this transition or warn you that you are subject to the terms and conditions, including privacy policies, of another website or platform. You access and use Third-Party Websites & Advertisements at your own risk. We strongly recommend that you review the applicable terms, privacy policies, and data practices of any third-party site before engaging with their content or making any transactions.

Hosts & Content
We are not responsible for any events created through our Services or the content provided by Hosts. We do not review, approve, endorse, monitor, or make any representations about the Hosts, their events, or any associated products or services.

12. Indemnification

You agree to indemnify and hold harmless Envitely and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from any losses, claims, actions, costs, damages, penalties, fines, or expenses, including but not limited to legal fees, arising out of or in connection with:

(a) Your User Content;
(b) Your misuse of the Services;
(c) Your breach of this Agreement; or
(d) Your breach of any applicable laws, regulations, or rules in connection with your use of the Services.

In the event of any claim, suit, or proceeding that may be covered by this indemnity, you agree to cover the costs of defending the Indemnified Party, including reasonable legal fees. We reserve the right, at our own expense, to assume exclusive control of the defence of any matter you are required to indemnify us for, and in such cases, you agree to cooperate fully in asserting any available defences.

This indemnification obligation does not apply to any claims arising from unethical business practices, negligence, fraud, misrepresentation, or concealment by any Indemnified Party in connection with the Services.

You agree that this indemnification obligation will survive the termination of your account, this Agreement, or your access to the Services.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES MAY BE UPDATED OR CHANGED PERIODICALLY, AND SUCH CHANGES MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING TEXT, GRAPHICS, OR LINKS.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE LIABLE FOR ANY ECONOMIC COSTS INCURRED.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), SHALL ENVITELY BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES, LOST BUSINESS, OR LOST DATA; OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES (INCLUDING LEGAL FEES) EXCEEDING THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR, IF NO FEES APPLY, ONE HUNDRED (£100) STERLING.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND BOTH PARTIES HAVE RELIED ON THESE LIMITATIONS IN DECIDING WHETHER TO ENTER INTO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEANING SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS, HARDWARE, SOFTWARE, AND OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED “AS IS” AND WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS, OR ERRORS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.

15. Dispute Resolution

1. Informal Resolution
   In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any other matter related to your use of the Services, the Parties agree to first attempt to resolve the dispute through good-faith discussions. You agree to notify Envitely in writing of any dispute, and Envitely agrees to respond promptly to seek to resolve the matter amicably.
2. Mediation
   If the dispute cannot be resolved through informal discussions within 30 days of notifying the other Party, the Parties agree to attempt to resolve the dispute through mediation, with a mutually agreed-upon mediator. The costs of mediation will be shared equally between the Parties unless otherwise agreed.
3. Arbitration
   If the dispute remains unresolved after mediation, the Parties agree that the dispute will be resolved by binding arbitration conducted in accordance with the Arbitration Act 1996 or any successor legislation, and the rules of the chosen arbitration provider. The arbitration will take place in London, UK, unless otherwise agreed by the Parties. The language of the arbitration shall be English.
4. Waiver of Class Action
   You and Envitely agree that any dispute resolution will be conducted on an individual basis and not as a class, representative, or collective action. Neither you nor Envitely will seek to have any dispute heard as a class action, nor will you participate in a class action involving any third-party claims.
5. Exceptions to Dispute Resolution
   Notwithstanding the above, Envitely may seek equitable relief (including injunctive relief) at any time and for any reason, in any court of competent jurisdiction, in the event of a breach of this Agreement that causes irreparable harm or damage.
6. Governing Law
   This Agreement, including the dispute resolution process, shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.

16.Consent for SMS/Texting

By providing a mobile number, you consent to receive text messages related to our Services. Standard messaging and data rates may apply, and you should check with your wireless carrier for any associated fees.

You can opt-out of our messaging service at any time by replying “STOP” to any text you receive, or by contacting us through the Envitely app contact form. We reserve the right to modify or discontinue our text messaging services at any time, for any reason, and without prior notice, including the right to terminate text messaging without liability to you, any other user, or a third party.

If you provide a mobile number for an event guest, we may communicate with your guest via text messages as part of our Services. You may incur a fee for sending or receiving text messages involving event guests, and standard messaging and data rates may apply. As the Host, you are responsible for obtaining the necessary consent from your event guests, as required by law, for them to receive text messages from us. Please advise your event guests to check with their wireless carrier for applicable text messaging charges.

You agree to provide a valid mobile phone number for these Services and to indemnify, defend, and hold us harmless against any claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (i) providing a mobile phone number that is not your own; (ii) submitting an event guest’s mobile phone number without obtaining their consent, as required by law; (iii) providing an incorrect mobile phone number for an event guest; or (iv) violating any relevant federal, state, or local laws, regulations, or ordinances. This obligation will survive the termination of the Agreement.

17. Termination

Envitely reserves the right, at its sole discretion, to modify, suspend, or discontinue the Services, or to suspend or terminate your access to the Services, for any reason, with or without notice, and without liability to you or any third party. In addition to suspending or terminating your access, we may pursue appropriate legal action, including civil, criminal, or injunctive relief.

Even after your access to the Services is terminated, this Agreement will remain in full force and effect. Any provisions that, by their nature, are intended to survive termination will continue to apply.

Hosts acknowledge that the cessation of Envitely’s services may result in business consequences, including but not limited to: (A) loss of app functionality, and (B) loss of online visibility if Envitely was hosting the website. In such cases, we will notify Hosts in advance if we plan to cease hosting. No new content will be added following the termination of the Services.

Envitely is under no obligation to advise Hosts of other potential business consequences of termination, aside from those stated above. Hosts are responsible for independently investigating and addressing any potential issues during the notice period. Upon termination, Hosts have until the later of (i) the end of their existing contract or (ii) one week after Envitely delivers all files, before Envitely removes the website or event from its servers.

18. General

1. No Joint Venture or Partnership
   Nothing in this Agreement shall be construed as creating a joint venture, partnership, employment, or agency relationship between you, Envitely, or any third-party provider as a result of your use of the Services or this Agreement.

2. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, excluding any principles of conflict of laws that would result in the application of the laws of another jurisdiction.

3. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that closely reflects the intention of the original provision.

4. Electronic Communications
For contractual purposes, you:

4A. Consent to receive communications from us in electronic form; and

4B. Agree that all terms, conditions, agreements, notices, disclosures, and other communications provided electronically shall satisfy any legal requirement that such communications would meet if provided in writing. This provision does not affect your statutory rights.

5. Entire Agreement
This Agreement represents the complete and exclusive understanding between the parties concerning the subject matter hereof and supersedes any and all prior discussions or agreements, whether oral or written, regarding such subject matter.

19. Contact Information

ENVITELY LIMITED
128 City Road, London, United Kingdom, EC1V 2NX
Email: in-app contact form