Terms of Service
These terms are an agreement between the founder and operator of PassTally, a sole trader based in China, whom you can reach at hello@passtally.com (“PassTally”, “we”, “us”) and the business that creates a PassTally account (“you”). By creating an account or using PassTally you accept these terms on behalf of your business. PassTally is for business use only; it is not offered to consumers.
1. The service
PassTally lets you record prepaid session packages, check customers in, keep a history of every check-in, and share a member card link with your customers. PassTally is a record-keeping tool: it does not take payments from your customers. You remain responsible for the services you sell, the prices you charge and any refunds to your customers.
2. Your account and team
- You must give us a working email address and keep access to it; it is how you sign in.
- The person who creates the account is the owner. The owner can invite staff and is responsible for what staff do in the account.
- Keep your devices and email secure, and tell us promptly if you think someone has accessed your account.
3. Plans, payment and refunds
- Free plan: free of charge, with the limits shown in the app (for example the number of customers and packages).
- Pro plan: a monthly or yearly subscription at the price shown when you subscribe. It renews automatically until you cancel.
- Payment: subscriptions are sold by our reseller and merchant of record, Creem, which charges you, issues receipts and handles sales tax such as VAT or GST. Creem’s terms of sale also apply to your purchase.
- Cancelling: you can cancel at any time in PassTally (Settings → Plan → Manage billing) or from your Creem receipt email. You keep Pro until the end of the period you have paid for, then move to the Free plan.
- Refunds: monthly payments are not refunded. If you cancel a yearly plan within 14 days of your first yearly payment, email us and we will arrange a full refund. Nothing in these terms limits any refund rights you have by law.
- Early-access pricing: if we offer you a discount “for life”, it applies for as long as you keep the same subscription active without a break.
- Price changes: we will give you at least 30 days’ notice by email before a new price applies to your subscription.
- If you go back to the Free plan with more data than its limits allow, nothing is deleted; you can still view and export it, but you cannot add more until you are within the limits.
4. Your data
- You own the data you put into PassTally. You give us permission to host and process it only to provide and support the service.
- For personal data about your customers, you are the controller and we are your processor. The data processing terms below form part of these terms.
- You are responsible for having a lawful basis to record your customers’ data, for telling your customers how you use it (for example in your own privacy notice), and for only sending them messages they are happy to receive.
- Our Privacy Policy explains how we handle personal data for which we are the controller.
5. Acceptable use
You must not:
- use PassTally for anything unlawful, or to store data you have no right to store;
- record special category data (for example detailed health information) unless the law allows it and it is genuinely needed for your service;
- try to access other businesses’ data, probe or overload our systems, or bypass limits;
- resell or copy the service, or use it to build a competing product.
We may suspend an account that breaks these rules or puts others at risk. Where we can, we will tell you first and give you a chance to fix the problem.
6. Availability and changes
We work to keep PassTally available and your data safe, but we do not promise it will always be available or error-free, and we may need planned maintenance. We may improve or change features. If we remove a major paid feature, you may cancel and receive a pro-rata refund for the unused part of your paid period.
We may update these terms. For important changes we will give owners at least 30 days’ notice by email or in the app. If you continue to use PassTally after that, the new terms apply.
7. Cancelling and closing your account
- You can export your data as CSV at any time (Pro), and delete your account in Settings → Delete account. Cancel any paid subscription first.
- Deleting the owner account permanently deletes the business and all its data from our live systems immediately, and from backups within 30 days.
- We may close an account with 30 days’ notice, or immediately for a serious breach of these terms. If we close your account without cause, we will refund any prepaid period you have not used.
8. Liability
- Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.
- We are not liable for loss of profit, revenue, business or goodwill, or for indirect or consequential loss.
- Otherwise, our total liability in any 12-month period is limited to the greater of the fees you paid us in that period and £100.
- You are responsible for checking that PassTally is suitable for your business and for keeping your own records where the law requires it.
9. General
- These terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction.
- If any part of these terms is unenforceable, the rest still applies.
- You may not transfer your account to someone else without our agreement. We may transfer these terms to a company we set up to run PassTally, or as part of a sale of the business; we will tell you before this happens.
- These terms are written in English. Translations are provided for convenience; if they differ, the English version applies.
- Contact: hello@passtally.com.
Schedule: Data processing terms
This schedule applies when we process personal data on your behalf (“Customer Personal Data”), and is intended to meet Article 28 of the UK GDPR and EU GDPR.
- Details of processing. Subject matter and purpose: providing PassTally to you. Duration: while your account is open, then until deletion as set out below. Data subjects: your customers and your staff. Types of data: names, contact details, notes you choose to record, packages, check-in history and member card links. We do not expect special category data; see section 5 of the terms.
- Instructions. We process Customer Personal Data only on your documented instructions, which are these terms and your use of the service, unless the law requires otherwise (in which case we will tell you unless the law prevents it).
- Confidentiality. Everyone we authorise to process Customer Personal Data is bound by confidentiality.
- Security. We maintain appropriate technical and organisational measures, including encryption in transit and at rest, access control by role, hashed sign-in codes and session tokens, an append-only check-in history, and regular backups.
- Sub-processors. You authorise the sub-processors listed in our Privacy Policy. We will give you at least 30 days’ notice of a new sub-processor by updating that list and emailing owners; you may object, and if we cannot address your objection you may cancel and receive a pro-rata refund. We impose data protection terms on each sub-processor that are no less protective than these and remain responsible for them.
- International transfers. We operate PassTally from China, and Customer Personal Data is accessed from China. To the extent this is a restricted transfer, you (as data exporter) and we (as data importer) agree to the EU standard contractual clauses (Commission Implementing Decision (EU) 2021/914, Module Two: controller to processor) together with the UK International Data Transfer Addendum, which are incorporated into these terms by reference, with the details in item 1 of this schedule as the description of the transfer and the security measures in item 4 as Annex II. For sub-processors outside the UK or EEA, we use adequacy regulations or equivalent safeguards.
- Assistance. Taking into account the nature of the processing, we help you respond to requests from individuals (the app lets you view, edit, export and delete customer records) and with security, breach notification, impact assessments and regulator consultations.
- Breaches. We will notify you without undue delay, and in any case within 48 hours, after becoming aware of a personal data breach affecting Customer Personal Data, with the information you reasonably need to meet your own obligations.
- Deletion and return. You can export your data at any time. When you delete your account, we delete Customer Personal Data from live systems immediately and from backups within 30 days, unless the law requires us to keep it.
- Audits. We will make available the information reasonably necessary to show compliance with this schedule, and respond to reasonable written questions. Any on-site audit requires reasonable notice and is at your cost, no more than once a year unless required by a regulator or following a breach.