Customer Terms

1. About these terms

These terms form a binding agreement between EvoPoint Ltd, a company registered in England and Wales under company number 12798732, with its address at 28 Robert Street, Ynysybwl, CF37 3DU, and the organisation that signs up for, accesses, or uses the EvoPoint platform (the “Customer”). Together with any Order you place, our Acceptable Use Policy, our Privacy Policy, and our Data Processing Agreement, they govern your use of the Service.

By creating an account, signing an Order, or otherwise accessing the Service, you confirm that you have authority to bind your organisation and that you accept these terms in full. If you do not accept these terms, you must not use the Service.

A signed master agreement may supersede these terms where an enterprise Order is in place.

Use of our public website is covered separately by our Terms of Website Use.

2. Definitions

In these terms, the following words have the meanings set out below.

Service

The EvoPoint incident management platform, including the web dashboard, public reporter, mobile applications, APIs, and Documentation provided by EvoPoint Ltd from time to time.

Customer Data

All data, content, reports, photographs, and other materials submitted to or generated within the Service by the Customer or its Authorised Users.

Order

A self-service signup or signed order form specifying the plan, Subscription Term, fees, and any agreed variations.

Subscription Term

The period of access purchased under an Order, including any renewal periods.

Billing Period

The recurring interval on which fees fall due under an Order, being the billing cycle selected at checkout.

Authorised User

An individual employee, contractor, or agent of the Customer permitted by the Customer to access the Service under its account.

Documentation

The user guides, help articles, and technical documentation that EvoPoint Ltd makes available alongside the Service.

Tenant

The isolated logical environment within the Service allocated to the Customer, within which Customer Data is stored and processed separately from other customers. Also referred to in the product as a workspace.

3. The Service

EvoPoint is cloud-based software for incident reporting, ticketing, assignment, record keeping and operational management. The Service includes:

• public reporting by QR code, with no app or account;
• a control-room incident queue;
• assignment of incidents to staff and contractors;
• timestamped incident timelines and an append-only audit log;
• photo uploads with reports;
• status tracking from report to resolution;
• branded PDF reports and data exports.

The Service is supplied for business and organisational use. It is not intended for personal consumer use.

4. Your responsibility for safety and operations

The Customer remains responsible for all real-world event management, site safety, risk assessments, emergency procedures, staff competence, contractor management and legal compliance.

EvoPoint supports incident reporting, escalation and record keeping. It does not replace professional judgement or the Customer’s safety duties, and it is not a replacement for the emergency services, fire procedures, venue control, first aid, security, stewarding, risk assessments, method statements, health and safety advice or professional event safety management.

EvoPoint Ltd does not guarantee safety, compliance, response times or the prevention of incidents.

5. Your account

To use the Service you must register an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date throughout the Subscription Term.

You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your account, including the actions of Authorised Users. The account admin for your workspace must enrol in time-based one-time password authentication, which the Service requires at every sign in for that role.

You are responsible for managing your Authorised Users: who is invited, keeping their sign-in details secure, giving each of them a role suited to their work, and removing access when someone no longer needs it.

You must notify us promptly at security@evopoint.uk of any suspected unauthorised access or breach affecting your account.

6. Subscription and billing

Subscriptions are sold on the plans set out at /pricing or in an applicable Order. Fees are billed in advance via Stripe on the billing cycle selected at checkout. No VAT or other tax is added to the amount charged, so the amount quoted for your plan is the amount taken and you remain responsible for any tax due in your own jurisdiction. The cycles available for each plan are shown on the pricing page.

Payments are processed by Stripe unless we agree otherwise in writing. Full payment card numbers are handled by Stripe and never reach our systems.

Checkout is offered in GBP, USD and EUR. The currency is selected at your first checkout and is then fixed for the life of the subscription, including across a change of plan.

Subscriptions renew automatically at the end of each Subscription Term for a further equivalent period. The Customer may cancel at any time from the in-app billing settings. Cancellation takes effect at the end of the current Subscription Term, and access continues until then.

A one-off Event Pass is a single charge covering a fixed period. It does not renew, and it cannot be cancelled; it expires on its own at the end of that period.

If a payment fails, we will continue to attempt to recover the amount due for a dunning period of twenty-one days from the first failed payment, and we will email the account admin during that period. After it ends, we may suspend access to the Service until the outstanding amount is paid. The dunning period is a platform setting rather than a fixed term of this agreement: the figure stated here is the one in force, and this page is updated when it changes.

We do not refund partial billing periods on cancellation. Where you reduce seats or sites mid-cycle, the adjustment is a Stripe proration credit against your next invoice rather than a cash refund. Adding controller, responder or site capacity, and moving up to a higher plan, is invoiced immediately for the remainder of the current period. Moving down to a lower plan takes effect at the end of the current billing period and carries no mid-cycle credit.

Extra capacity is charged on what you buy, not on what you use. You are billed for the controller, responder and site capacity added to your subscription from the billing screen, whether or not every seat is filled, and the charge stops when you remove it.

7. Acceptable use

You and your Authorised Users must comply with our Acceptable Use Policy, which forms part of these terms.

You may use the Service only for lawful purposes consistent with these terms. You agree not to, and not to permit any Authorised User to:

• use the Service in violation of any applicable law or regulation, including UK GDPR and the Data Protection Act 2018;
• submit false, malicious or deliberately misleading incident reports;
• attempt to gain unauthorised access to, or otherwise compromise the security of, the Service, other customers’ Tenants, or any underlying infrastructure;
• reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except where such restriction is prohibited by law;
• resell, sublicence, rent, or otherwise commercially exploit the Service without our prior written consent;
• upload or transmit any material that is unlawful, defamatory, obscene, or that infringes a third party’s rights;
• upload viruses, worms, or other malicious code, or use the Service to launch denial-of-service or abusive traffic patterns;
• use the Service to build a competing product or to benchmark it for the benefit of a competitor.

8. Customer data and privacy

As between the parties, the Customer retains all right, title, and interest in and to Customer Data. The Customer grants EvoPoint Ltd a limited, worldwide, non-exclusive licence to host, process, and transmit Customer Data solely as necessary to provide the Service and to comply with applicable law.

Each party will comply with the data protection laws that apply to it. For the personal data in Customer Data, such as incident records, public QR reports, staff and contractor details and site information, the Customer is the controller and EvoPoint Ltd processes that data on the Customer’s behalf as its processor. Where EvoPoint Ltd acts as a processor, our Data Processing Agreement applies.

EvoPoint Ltd is the controller of the account, billing, website, support and marketing data it holds, as explained in our Privacy Policy.

Each Customer’s Tenant is logically isolated; no other customer can access your Customer Data through the Service.

9. Your obligations

You are responsible for the accuracy, lawfulness and quality of the data, reports, photos, comments and other content submitted through your workspace.

You are responsible for ensuring that your use of the Service and the collection of data through it (including data collected via QR-coded reporting points) complies with applicable law, including the UK GDPR, the Data Protection Act 2018, and any sector-specific regulations applicable to your operations.

You confirm that you have lawful basis to invite Authorised Users to the Service and that the staff and contractors you add have been informed of and, where required, have consented to the processing of their data through the Service.

You will provide reasonable cooperation with our security, support, and compliance teams, including responding promptly to verification or investigation requests relating to your Tenant.

10. Public QR reporting

Where you enable public reporting by QR code, you are responsible for where the QR codes are displayed, for how the reports you receive are triaged, and for making sure the public reporting process is supported by appropriate onsite emergency and safety procedures.

Public QR reporting must not be the only route for someone who needs immediate help from onsite staff, security, first aid or the emergency services.

11. Intellectual property

EvoPoint Ltd and its licensors retain all right, title, and interest in and to the Service, including the software, Documentation, branding, templates, and any improvements or derivative works. No rights are granted to the Customer except as expressly set out in these terms.

The Customer grants EvoPoint Ltd a limited, royalty-free licence to use Customer Data and Customer marks solely as required to deliver, support, and improve the Service in accordance with these terms.

Feedback you provide may be used by us without restriction or compensation to develop and improve the Service.

12. Service availability

We will use commercially reasonable efforts to keep the Service available. Our Service Level Agreement sets out the in-product incident severity windows, how we handle maintenance, and how to report a problem to us.

Availability may be affected by maintenance, third-party services, internet connectivity, customer devices, mobile network coverage, hosting issues, or events outside our reasonable control.

Planned maintenance is scheduled outside the typical operating hours of UK venues wherever we can, with advance notice. Emergency maintenance may be performed at any time with best-efforts notice.

13. Support

You can report a problem with the Service to support@evopoint.uk, as described in our Service Level Agreement. Support arrangements, support hours and any response targets are those set out in your Order or otherwise agreed with you in writing.

A response target is a target for responding to you. It is not a guaranteed fix time unless we expressly agree otherwise in writing.

14. Confidentiality

Each party may receive information from the other that is confidential. The receiving party agrees to protect the disclosing party’s confidential information using the same care it uses for its own confidential information of similar importance, and in any event with no less than a reasonable standard of care.

Confidential information does not include information that is or becomes publicly available without breach, was already known to the receiving party, was independently developed, or is required to be disclosed by law or competent authority.

15. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, for any loss of profits, revenue, contract, data, or goodwill, or for business interruption or reputational loss, arising out of or relating to these terms or the Service.

EvoPoint Ltd’s total liability arising out of or relating to these terms or the Service will not exceed the fees paid by the Customer for the relevant service period.

Nothing in these terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for wilful misconduct.

16. Indemnification

EvoPoint Ltd will defend the Customer against any third-party claim alleging that the Service, as provided and used in accordance with these terms, infringes that third party’s intellectual property rights, and will pay any amounts finally awarded by a court of competent jurisdiction or agreed in settlement.

The Customer will defend EvoPoint Ltd against any third-party claim arising out of Customer Data, the Customer’s use of the Service in breach of these terms, or its violation of applicable law in connection with the Service, and will pay any amounts finally awarded or agreed in settlement.

Each indemnity is conditional on prompt written notice of the claim, reasonable cooperation in the defence, and the indemnifying party having sole control of the defence and settlement (provided no settlement imposes obligations on the indemnified party without consent).

17. Suspension

We may suspend or restrict access to the Service where it is necessary to do so:

• for non-payment, once the dunning period described in the Subscription and billing section above has ended;
• where your use of the Service poses a security risk;
• for misuse of the Service, including a breach of our Acceptable Use Policy;
• in connection with unlawful activity;
• for a material breach of these terms; or
• to protect the Service or its other customers and users.

18. Term and termination

These terms remain in force for the duration of the Subscription Term and any renewal periods. Either party may terminate for material breach if the breach remains uncured thirty days after written notice describing the breach in reasonable detail.

EvoPoint Ltd may suspend or terminate the Service immediately where the Customer’s use poses a security risk, places EvoPoint Ltd in breach of applicable law, or constitutes a material violation of the Acceptable Use section above or our Acceptable Use Policy.

You should export the records you need to keep before your access ends. An account admin can request a full export of the workspace data from within the Service.

On termination, the Customer’s right to access the Service ends. We will make Customer Data available for export for thirty days following closure of the workspace, after which the personal data in the workspace is anonymised and stored photographs are deleted. Audit log entries are kept beyond that point, with the email address of the person who took each recorded action, as set out in our Privacy Policy. The retention window that applies to your workspace is fixed at the point the workspace is closed. Its length is shown in your workspace data and privacy settings, and the date it ends is shown on the closed-workspace screen.

We may keep Customer Data for longer than that window where the law requires us to, or where we have agreed a different arrangement with you in writing.

19. Governing law and jurisdiction

These terms are governed by the laws of England and Wales. Unless the parties agree otherwise in writing, each party submits to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of or in connection with these terms or the Service.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

20. Changes to these terms

We may update these terms from time to time. Where a change is material and adverse to the Customer, we will provide at least thirty days’ written notice via the in-app notification system and the account admin’s email address.

Continued use of the Service after a change takes effect constitutes acceptance of the updated terms. If you do not accept a material change, you may terminate as set out in the Term and termination section above.

21. Contact

Questions about these terms can be sent to legal@evopoint.uk.

Formal notices should be sent in writing to EvoPoint Ltd, 28 Robert Street, Ynysybwl, CF37 3DU.