Terms of Service

In this Agreement:

• "Services" means the use of the CHMBR platform as described on our website at chmbr.net, including the creator dashboard, fan-facing community apps, content management features, analytics, and all related functionality.
• "Creator" means any user who sets up and manages a community app on the CHMBR platform.
• "Member" means any user who signs up to access a Creator's community app.
• "Charges" means the subscription fees and any other amounts payable by you for use of the Services, as set out on our pricing page.
• "Content" means any text, images, audio, video, or other material uploaded to or published through the Services.
• "Insolvency" means the inability to pay debts as they fall due, entering into administration, liquidation, bankruptcy, or any analogous proceedings in any jurisdiction.

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

You must be at least 16 years old to use the Services. By creating an account, you represent that you meet this requirement.

We may refuse to create an account or suspend any existing account at our discretion if we reasonably believe any information you have provided is inaccurate or incomplete.

CHMBR provides a platform that allows Creators to launch and manage private community apps for their audience. Creators set up their community, customise its appearance, publish Content, and manage Members. Members sign up to access the Creator's Content and interact within the app.

We will endeavour to ensure that the Services are of a high quality. In order to maintain the quality and safety of the Services, we may from time to time:

• Suspend, close down, or restrict the whole or any part of the Services in order to carry out emergency or other repairs, maintenance and/or improvements, or to prevent overload of the network, or to preserve the safety, security, or integrity of the Services (although we will give you as much notice as is reasonably practicable before doing so and will endeavour to carry out such works during scheduled maintenance periods as published by us);
• Give you instructions on how to use the Services. You agree to comply with any reasonable instructions we may give you in accordance with this clause.

If you use CHMBR as a Creator, you are responsible for:

• All Content published within your community app
• Ensuring your Content does not infringe the rights of others
• Complying with applicable laws, including data protection regulations, in relation to your community Members
• Managing your community in accordance with this Agreement

You agree not to use the Services to:

• Post or distribute illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable Content
• Infringe the intellectual property rights of others
• Distribute malware, spam, or engage in phishing
• Attempt to gain unauthorised access to the Services or other users' accounts
• Interfere with or disrupt the Services or its infrastructure
• Use the Services for any purpose that is unlawful or prohibited by this Agreement

We reserve the right to suspend or terminate accounts that violate this Agreement without prior notice.

Creator accounts start on a free tier. When your community exceeds the Member limit for your current tier, you will be prompted to upgrade to a paid plan. Paid plans are billed monthly in GBP via Stripe.

When upgrading mid-cycle, you pay the pro-rated difference for the remainder of the current billing period. Subsequent months are billed at the full rate for your tier.

You may cancel your subscription at any time. Your paid features remain active until the end of the current billing period, after which your account reverts to the free tier. No refunds are provided for partial billing periods.

We may increase the amount payable by you for the Services by giving you at least 14 days' notice in writing (which may be sent by email to the address associated with your account). If you do not wish to accept the new pricing, you may cancel your subscription before the new pricing takes effect.

You retain ownership of all Content you upload to the Services. By uploading Content, you grant us a limited, non-exclusive licence to host, display, and distribute that Content solely for the purpose of operating the Services.

The CHMBR name, logo, and platform design are our intellectual property and may not be used without our prior written consent.

You acknowledge that we may exercise editorial control over the Content of our servers, but that we do not have the resources to ensure, nor are we capable of checking, the full Content of our servers at all times.

Neither we, nor any of our agents, contractors, licensees, employees, or information providers involved in providing the Services, are able to control the content of the internet. You therefore agree that we shall not be held responsible for the publication, transmission, or reception of any defamatory material or information of any kind, other than information which is inserted by us.

You specifically acknowledge that we have given no warranties as to the quality, content, or accuracy of information received through, or as a result of the use of, the Services.

We may change the terms and conditions of this Agreement from time to time. Where this is necessary, we will notify you in advance before the changes take effect. The reasons we may make changes include, but are not limited to:

• Complying with any legal or regulatory obligation, decision, or request
• Changing the pricing in accordance with Clause 6 above
• Changing the conditions relating to the Services in order to reflect contractual changes imposed upon us by our suppliers
• Introducing new products, improved features, or variations that are necessary by virtue of any new law or regulation, or as required by any regulator or other competent authority
• Introducing process changes (including changes to the Acceptable Use Policy and Privacy Policy), provided that they are not to your detriment
• Maintaining the integrity or security of the Services or any network
• Improving clarity, or making corrections to typographical errors

Continued use of the Services after changes take effect constitutes acceptance of the revised terms. If you do not agree with any changes, you may terminate your account.

You may close your account at any time by contacting us at hello@chmbr.net.

You agree that we may suspend or terminate the Services and/or your account and/or terminate this Agreement at any time, without prior notice or refund to you, and without affecting any of our accrued rights or claims:

• Where we reasonably believe that the Services are being used in breach of this Agreement
• For non-payment (when due) of the Charges or any other sum due from you under this Agreement
• Where you have breached this Agreement in any other way on three or more occasions (and we have given you notice of the first two breaches)
• Where you are or become Insolvent, or suffer any distress or execution or other legal process to be levied or enforced or sued upon or against any part of your property, assets, or revenue, and which is not discharged or stayed within 7 days, or you cease or threaten to cease to carry on business
• Where, at any time, an agreed method of payment is unavailable for collection under this Agreement
• For any other material breach of this Agreement by you

Upon termination, your right to use the Services ceases immediately. We will make reasonable efforts to allow you to export your Content before deletion.

You agree that, in view of their nature, your use of the Services is at your sole risk. Whilst we will endeavour to ensure that the Services are of a high quality, neither we nor any of our suppliers, agents, contractors, licensees, employees, or information providers involved in providing the Services, give any guarantee that the Services will be uninterrupted or free from error.

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Services will be uninterrupted, error-free, or secure.

To the maximum extent permitted by law, our total liability to you for any claims arising from your use of the Services is limited to the amount you have paid us in the 12 months preceding the claim.

In no circumstances whatsoever will we be liable to you (whether in contract, for breach of duty, negligence, or otherwise) for:

• Loss of revenue
• Loss of actual or anticipated profits (including loss of profits on contracts)
• Loss of the use of money
• Loss of anticipated savings
• Loss of business
• Loss of opportunity
• Loss of goodwill
• Loss of reputation
• Loss or corruption of, or damage to, data, systems, or programs
• Any indirect or consequential loss or damage howsoever caused, which arises out of or in connection with any use of, or inability to use, the Services

Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

Your use of the Services is also governed by our Privacy Policy and Cookie Policy, which describe how we collect, use, and protect your personal data.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

In the event that this Agreement is translated into any other language, the English language version shall prevail.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement constitutes the entire agreement between you and us regarding the use of the Services and supersedes all prior agreements and understandings.

If you have any questions about this Agreement, please contact us at hello@chmbr.net.

CHMBR GROUP LTD · Company No. 17052223 · Registered in England and Wales · 20 Wenlock Road, London, N1 7GU