Terms and Conditions of Use

Culture Key is a prototype platform developed by Bath Arts Collective CIC and POLYMATHIC Ltd to empower arts and cultural organisations in Bath and North East Somerset to better understand and evidence their social and economic impact through data.

The platform enables participating organisations ("Participating Organisations") to upload and visualise anonymised data on audience demographics, ticket sales, and engagement. The data is used to generate insights that support strategic decision-making, sector benchmarking, and collaborative reporting. All data shared is anonymised and analysed at an aggregate level.

Please read these Terms and Conditions of Use carefully before accessing or using the Culture Key service ("Service") provided through our website ("Website").

The Website is operated by Bath Arts Collective and POLYMATHIC Ltd ("We", "Us", "Our"), who are joint data controllers of Culture Key.

Bath Arts Collective is a Community Interest Company (CIC) registered in England and Wales, with company registration number 15289724 and registered office at 4 Chapel Row, Bath, England, BA1 1HN.

POLYMATHIC Ltd, a privacy limited company registered in England and Wales, with company registration number 15434917 and registered office at 9 Upper Hedgemead Road, Bath, England, BA1 5NE.

These Terms and Conditions of Use apply to all participating organisations who access or use the Service.

By using the Website, you agree to be legally bound by these Terms and Conditions of Use and Privacy Policy as they may be modified and posted on our Website from time to time. In these Terms and Conditions of Use, "you" refers to the entity you represent ("the Participating Organisation").

If you do not agree with these Terms and Conditions of Use or Privacy Policy, you may not use the Service.

You may connect to the Service using an Internet browser. You are responsible for obtaining access to the Internet and any equipment necessary to use the Service.

Signup

The person signing up for an account will be automatically assigned as the main user ("Main User", "You" or "Your"), the Participating Organisation contact who has day to day responsibility for the Culture Key account. Your account is only for use by either a single legal entity (e.g., a company or a partnership) or an individual user. You must provide your full name, organisation, job role, email address and a telephone number in order to complete the signup process.

Term

Use of your account shall commence after signup and shall continue until terminated by either party in accordance with the provisions of these Terms and Conditions of Use.

Relationship Between Participating Organisation and Main User

You are responsible for ensuring that all personal data used in connection with the Service are accurate and current during the term of this agreement. As the Main User, you control the day to day administration of the Culture Key account. You can amend account details, upload audience data, and cancel access to the Service. These actions may result in changes to the access, use, disclosure, modification or deletion of certain or all Participating Organisation Data.

You are not permitted to share your username and password with any other person nor with multiple users on a network.

You are responsible for any and all activities that occur in your account. You will immediately notify us if you become aware of any unauthorised use of your account, passwords or any breach of security. Where your account has been mis-used, you are responsible for taking any remedial action to protect your account. The Participating Organisation may request our help in providing audit activity to help ascertain any breaches. We shall act with reasonable care in providing audit assistance but shall have no liability for any loss or damage arising as a result of providing such audit assistance

If a person proven to be acting on behalf of the Participating Organisation asks us to replace a Main User we will only make the change I) if there is only one Main User on the Account and, ii) if we are lawfully obliged to do so i.e., by court order, or if requested by the Participating Organisation in circumstances where the Main User cannot make the change i.e., in the event of their death, on us being provided with acceptable evidence of the Main User's inability to make the change.

Participating Organisation Data

The Participating Organisation owns all content and data you add to your account and you retain sole ownership of all rights, title and interest in, and to, your data. You have the sole responsibility for the legality, reliability, integrity, accuracy and quality of your data.

If Participating Organisation Data is being passed from, or to, the Service through an API, we will not be responsible for any use, disclosure, modification or deletion of Participating Organisation Data that is transmitted, or accessed by, third party products.

Suspension & Termination

Suspension & Locking Access

Only the Participating Organisation can ask us to lock all access to your account for any reason.

We will provide the Main User with prior notice by email of our intention to suspend your Culture Key account.

Termination & Cancellation

We may terminate these Terms and Conditions of Use immediately by giving you written notice if you commit any breach of these Terms and Conditions of Use. We may terminate these Terms and Conditions of Use for any other reason upon giving you 30 days written notice.

Termination of these Terms and Conditions of Use for any reason shall not affect the accrued rights of the parties arising under these Terms and Conditions of Use and all rights which by their nature should survive the expiry or termination of these Terms and Conditions of Use shall remain in full force and effect.

The Main User may cancel your Culture Key account with immediate effect within the Culture Key platform. To cancel your account visit the "Settings" page and click "Delete my account".

We reserve the right to cancel and delete your account if you haven't accessed the Service for more than six consecutive months. We will provide prior notice by email to the Main User before we do so.

When an account is terminated or cancelled, the account and any content left behind in the account will be made inaccessible. If Participating Organisations stops using the platform, we will retain the Main User's first name, last name, and email address for up to one year before permanently deleting this information. Only non-personal, organisation-level data will be kept beyond that point.

The only personal data we receive relating to audiences is postcode information, which is submitted without names, addresses, or other identifying details. This ensures the data remains anonymous and cannot be traced back to individuals. Anonymised audience data is stored for the lifetime of the platform. After that, the data may be archived and used for long-term statistical and research purposes.

Data Processing

Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.

To the extent that personal data is processed by us on your behalf when you use the Service, you acknowledge that we are a data processor and the Participating Organisation is a data controller. The terms of the Data Processing Agreement shall apply to all Participating Organisation Data that we process on your behalf.

Any information that you provide to us during signup or information provided when ordering the Service (such as your email address) will be used by us in accordance with the terms of the Privacy Policy.

If a third party alleges infringement of its data protection rights, we shall be obliged to take measures necessary to prevent the infringement of a third party's rights from continuing.

Availability & Support

We will endeavour to make the Website and Service available to the Participating Organisation and Users 24 x 7, however we shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.

We may suspend access to your account temporarily and without notice in the case of system failure, maintenance or repair or due to a Force Majeure Event (defined below).

We will provide technical support via email. Technical support will only be provided for bugs or errors that are reproducible by us. You agree to provide us with full and accurate details of all bugs and errors, on request. You acknowledge that we provide no warranty that all or any bugs or errors will be corrected.

Intellectual Property Rights

All intellectual property rights and title to the Service and materials on the Website shall remain owned by us and no interest or ownership in the Service or Website is transferred to the Participating Organisation.

No part of the Website or Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

When using the Service, Participating Organisations are encouraged to provide us with their feedback, suggestions or ideas for changes to the Service ("Feedback"). The Participating Organisation assigns to us all rights, title and interest in any Feedback. If for any reason such assignment is ineffective, the Participating Organisation shall grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such feedback without restriction.

We may take and maintain technical precautions to protect the Service and Website from improper or unauthorised use, distribution or copying.

Acceptable Conduct

You are prohibited from posting or transmitting to or from the Website and/or the Service any material: (i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (ii) for which you have not obtained all necessary licences, consents and/or approvals; or (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You must not use the Website or the Service: (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) for the purpose of harming or attempting to harm minors in any way; or (iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above rules on acceptable conduct.

Disclaimer & Warranties

The material on the Website and the Service is provided "as is", without any conditions, warranties, or other terms of any kind. While we endeavour to ensure that the information provided on the Website and the information provided in connection with the Service is correct, we do not warrant the accuracy and completeness of such material. We may make changes to the material on the Website or to the Service at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.

You warrant and represent that: (i) you have authority to enter into this agreement and to perform your obligations under these Terms and Conditions of Use; (ii) the execution and performance of your obligations under these Terms and Conditions of Use does not violate or conflict with the terms of any other agreement to which you are a party and is in accordance with any applicable laws; (iii) you shall respect all applicable laws and regulations, governmental orders and court orders, which relate to use of the Service, or Website, and these Terms and Conditions of Use; and (iv) you rightfully own the necessary user rights, copyrights and ancillary copyrights and permits required for you to fulfil your obligations under these Terms and Conditions of Use.

Except as expressly stated in these Terms and Conditions of Use, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law. No warranty is made regarding the results of usage of the Service or Website or that the functionality of the Service or Website will meet your requirements or that the Service or Website will operate uninterrupted or error free.

Limitation Of Liability

We do not exclude or limit our liability to you for fraud, death or personal injury caused by any negligent act, omission or wilful misconduct by us in connection with the provision of the Website or Service, or any liability which cannot be excluded or limited under applicable law.

In no event shall we be liable to you whether arising under these Terms and Conditions of Use or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any indirect or consequential loss or damage which shall include but not be limited to pure economic loss, losses incurred by any client of yours or other third party, loss of profits (whether categorised as direct or indirect loss), losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, wasted management or staff time, loss or corruption of data, or inability to use or the results of use of the Website or Service, any websites linked to the Website or the material on such websites.

You acknowledge and agree our total liability to you (whether in contract, tort or otherwise) under or in connection with the provision of the Website or Service under these Terms and Conditions of Use including any claim for indemnity or contribution.

The Participating Organisation shall defend, indemnify and hold us and our employees, sub-contractors or agents harmless from and against any costs, losses, liabilities and expenses, including reasonable legal costs arising from any claim relating to or resulting directly or indirectly from: (i) any claimed infringement by the Participating Organisation, User or third party of any intellectual property rights with respect to use of the Website or Service outside of the scope of these Terms and Conditions of Use; or (ii) use by us of any Participating Organisation Data or Participating Organisation or User provided item; or (iii) any access to or use of the Website or Service by a User, Client or a third party in breach of these Terms and Conditions of Use; or (iv) breaches of data protection law or regulations resulting from the us processing data on behalf of and in accordance with the instructions of the Participating Organisation or User.

Confidentiality

Each party may use the confidential information of the other party only for the purposes of these Terms and Conditions of Use and must keep confidential all confidential information of the other party except to the extent (if any) the recipient of any confidential information is required by law to disclose the confidential information.

Each party may disclose the confidential information of the other party to those of its employees and agents who have a need to know the confidential information for the purposes of these Terms and Conditions of Use but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.

The obligations of confidentiality under these Terms and Conditions of Use do not extend to information that: (i) was rightfully in the possession of the receiving party before the commencement of these Terms and Conditions of Use; (ii) is or becomes public knowledge (otherwise than as a result of a breach of these Terms and Conditions of Use; or (iii) is required by law to be disclosed.

Assignment

You may not transfer, assign, charge or otherwise dispose of these Terms and Conditions of Use or any of your rights or obligations arising hereunder, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions of Use, or any of our rights or obligations arising hereunder, at any time.

Communicating Between Us

We will communicate with you in English only.

All notices from you must be given to us by email at nigel@polymathic.agency or by recorded delivery to our registered office. Unless explicitly stated otherwise in these Terms and Conditions of Use we shall give all notices to you by email to the email address of the Main User. Notices shall be deemed received and properly served 24 hours after an e-mail is sent, or for postal letters on receipt.

Changes

We maintain the right to change these Terms and Conditions of Use and Culture Key's Privacy Policy at any time, at our sole discretion upon giving you reasonable notice of any material change. Any changes will become effective on the date stated in such notice. If you or any User accesses or uses the Service after the date stated in any notice, this will constitute the Participating Organisation's acceptance of any changes. If you do not accept the changes you should cancel your account before the date stated in the notice and stop using the Service.

New features in the Service, including new tools and resources, will be subject to these Terms and Conditions of Use.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by events outside our reasonable control (a "Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to: (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) impossibility of the use of public or private telecommunications networks; (v) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance of our obligations shall be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to an end or to find a solution by which our obligations under these Terms and Conditions of Use may be performed despite the Force Majeure Event.

Miscellaneous

Should a provision of these Terms and Conditions of Use be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.

These Terms and Conditions of Use, together with all documents referred to in them constitute the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations and discussions between the parties relating to the subject matter thereof.

Nothing contained in these Terms and Conditions of Use is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or any other similar law in any jurisdiction.

Governing Law & Jurisdiction

These Terms and Conditions of Use shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under these Terms and Conditions of Use.