Preamble
This Subscription Agreement (the Agreement) is between:
Eveneer Solutions LLC, a Wyoming limited liability company with its registered office at 30 N Gould St, STE R, Sheridan, WY 82801, USA (Eveneer, “we”, “us”, “our”); and
the business that accepts this Agreement (the Client, “you”, “your”).
Locally 360 is the name of the platform through which Eveneer provides the Service. Eveneer Solutions LLC is the contracting party. Where the Locally 360 platform, the Locally 360 website or any Eveneer communication refers to “Locally 360”, it means Eveneer Solutions LLC.
This Agreement takes effect on the date you first accept it (the Effective Date) and applies from that date to your use of the Service.
Agreement version: the version number printed at the head of this Agreement. This is version 1.1.0. Eveneer gives every version of this Agreement it publishes its own version number, in the form major.minor.patch, for example 1.0.0. Each acceptance is stamped with the version number accepted. The record of each acceptance under clause 2.6 identifies the version accepted and holds a cryptographic hash of the exact document accepted.
Order of precedence
This Agreement consists of these numbered clauses (the Core Terms) and the following Schedules:
| Schedule | Title |
|---|---|
| A | Service and Limits |
| B | Acceptable Use and Copyright |
| C | Data Processing |
| D | Support Terms |
| E | Business Tools |
If a Schedule conflicts with the Core Terms, the Core Terms prevail, unless the Schedule expressly states that it overrides a specific numbered clause.
1. Definitions
In this Agreement the following capitalised terms have these meanings.
Account means the Client’s account on the Locally 360 Platform.
Agency means a search engine optimisation or marketing business, or an individual acting as one, that holds its own account on the Locally 360 Platform and that the Client grants access to a Site.
Build Agreement means the Locally 360 Build Agreement, under which the Client may order a site build from Eveneer.
Business Day means a day other than a Saturday, a Sunday or a United States federal public holiday.
Business Tools means the invoicing, card payment, booking and Customer Portal tools described in Schedule E.
Cloudflare Authorisation means the authorisation the Client grants through Cloudflare under clause 6.9.
Client Content means all content, data and materials the Client, or anyone acting for the Client, uploads to or creates on a Site or the Locally 360 Platform. It includes text, images, files, business details and settings. It does not include Stock Images, Themes or the Locally 360 Platform.
Connect Cloudflare means the optional feature of the Locally 360 Platform described in clauses 6.7 to 6.12.
Content Personal Data means personal data contained in Client Content. It includes personal data in content crawled from an Existing Site under the Build Agreement, and personal data in a Preview or other Build Work Product.
Crew Member means a person the Client adds to a crew in the Business Tools so that it can send them work.
Customer means a person the Client deals with through the Business Tools, including a person the Client sends an invoice to and a Visitor who sends a booking request through a Site.
Customer Data means personal data about Customers and Crew Members held in the Business Tools, including invoices, payment records, booking requests and crew records. It does not include the Customer Portal account data described in clause 15.10.
Customer Portal means the area of the Locally 360 Platform, hosted by Eveneer at one address for all Clients, where a Customer signs in to see the invoices and bookings that businesses using the Locally 360 Platform have sent them.
Inquiry means a single record created from a Visitor’s submission of a form on a Site. A booking request recorded under Schedule E is not an Inquiry.
ISA means an independent sales agent engaged by Eveneer to sell Eveneer services. An ISA is not an employee or agent of Eveneer for the purposes of this Agreement.
Locally 360 Platform means the Eveneer control panel, editor, serving engine and supporting infrastructure used to build, host and serve Sites.
Platform Subdomain means the hostname in the form {slug}.{zone} that Eveneer provides for every Site.
Service means the subscription services described in clause 3 and Schedule A.
Site means one website built and served for the Client on the Locally 360 Platform under one Subscription.
Stock Image means an image licensed to Eveneer from a third party and made available for use on a Site.
Subscription means one recurring monthly subscription to the Service for one Site.
Subscription Fee means the recurring monthly fee payable for a Subscription, as stated in clause 10 and Schedule A.
Theme means a design template built and maintained by Eveneer and licensed to the Client for use on a Site.
Visitor means a person who visits a Site.
Visitor Data means personal data contained in an Inquiry.
Build, Build Work Product, Existing Site, Migration, Preview and Preview URL have the meanings given to them in the Build Agreement.
Every time, date and deadline in this Agreement is in Pacific Time, the local time in Los Angeles, California, including daylight saving time. A day begins and ends at midnight Pacific Time.
2. Acceptance, authority and electronic contracting
2.1 You accept this Agreement by clicking the acceptance checkbox that the Locally 360 Platform presents with it. No typed name and no handwritten signature is required. Clause 17 governs how a changed version of this Agreement takes effect.
2.2 The person who accepts this Agreement warrants that they are authorised to bind the Client to it. If they are not, they accept this Agreement personally.
2.3 The Client must accept this Agreement itself before a Site goes live. An Agency or an ISA may not accept this Agreement on the Client’s behalf.
2.4 This Agreement is accepted electronically and is binding without a handwritten signature. It has no signature block because acceptance is by the click described in clause 2.1.
2.5 You consent to transact with Eveneer electronically. You agree that your click, and the record of it described in clause 2.6, is your electronic signature and has the same legal effect as a signature on paper, and that Eveneer may provide all notices, disclosures and records of this Agreement to you electronically. This clause relies on the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 and following) and on the Uniform Electronic Transactions Act as enacted in Wyoming and in the state where you are located, or that state’s equivalent law. You may ask Eveneer for a copy of this Agreement and of your acceptance record at any time by email to support@locally360.app.
2.6 Eveneer records each acceptance of this Agreement. The record contains the version accepted, the date and time, the Account, the identity of the person who accepted, the document as it was shown to that person, a cryptographic hash of that document, and the IP address and user agent from which the click was made. That record is evidence of acceptance. Eveneer keeps it for as long as the Account exists and for at least two years afterwards.
2.7 You accept this Agreement for business purposes and not as a consumer.
2.8 If a law that cannot be waived by contract treats the Client as a consumer despite clause 2.7, that law applies and this Agreement is read subject to it. In that case clause 22 still applies, the arbitration is run under the rules and fee schedule that the American Arbitration Association applies to consumers, and nothing in clause 10.7 or clause 12 removes a refund or cancellation right that law gives the Client.
3. The Service
3.1 Eveneer will provide the Service described in Schedule A for each Site during the term of the Subscription for that Site.
3.2 One Subscription covers one Site. A Client that wants more than one Site must take a separate Subscription, and pay a separate Subscription Fee, for each Site.
3.3 The Service does not include the following, and Eveneer makes no commitment about any of them:
(a) backups, snapshots or restore of a Site or of Client Content. Eveneer does not operate a backup system. Page version history keeps a small number of recent versions of a page and is not a backup;
(b) analysis, interpretation or advice about a Site’s traffic, and any commitment that the traffic figures in the monthly report described in Schedule A are complete or accurate. Eveneer derives those figures from its own first party measurement of requests to the Site, which uses no cookies and stores nothing on a Visitor’s device, and they may differ from the figures a third party analytics tool reports;
(c) content edits or site changes carried out by Eveneer staff. These are not included in the Service. Eveneer may offer them separately, under separate terms;
(d) sending email from a Site. A Site sends no email other than the lead notification described in Schedule A and the emails the Business Tools send, described in Schedule E;
(e) white labelling. The Service is provided under the Locally 360 name and may not be presented as the Client’s own platform or as an Agency’s platform;
(f) malware, integrity or virus scanning of Client Content;
(g) scanning Client Content for originality, plagiarism or copyright infringement; and
(h) templates or drafts of privacy policies, terms of service, accessibility statements, cookie policies or any other legal text.
3.4 Eveneer may add features to the Service and may change how a feature works. Eveneer will not remove a feature that the Client is paying for. A change to the Subscription Fee is governed by clause 10.6, not by this clause.
3.5 Whether a Site is open to search engine indexing is controlled by the Client, at any time, in both directions. The Service delivers the technical search signals listed in Schedule A. Eveneer does not commit that any search engine will index a Site or rank it in any position. Eveneer is not liable for any consequence of the Client, or anyone the Client grants access to, setting a Site to be not indexable, including lost traffic, leads, rankings or revenue.
3.6 Eveneer may access the Client’s Account, Site and Client Content where it is needed to provide the Service, to respond to a support request, to maintain or secure the Locally 360 Platform, or to comply with the law.
3.7 Clause 3.5 does not apply to a Site served with a no-index instruction during a suspension under clause 11 or clause 12. That is not a breach of this Agreement.
3.8 Promoted placement. Where the Locally 360 Platform shows or selects businesses for a person looking for a service, for example in a directory of businesses or when it passes a service request on to other businesses, Eveneer may in future offer paid placement. If it does, payment may change the order in which eligible businesses, including the Client’s, are shown or selected. Payment never affects which businesses are eligible. No payment will show or select a business for a person in a trade that person could not otherwise browse.
4. Themes
4.1 Eveneer grants the Client a non-exclusive, non-transferable licence to use one Theme on a Site for the term of that Subscription. The licence ends when the Subscription ends.
4.2 A Theme is licensed, not sold. The Client may not copy, resell, sublicense, export, reverse engineer or reuse a Theme, in whole or in part, on any platform other than the Locally 360 Platform.
4.3 Before a Site goes live, the Client may switch it to another Theme in its industry catalog at no charge, subject to clause 5.3. Eveneer does not charge for permission to switch Themes. After the Site goes live, clause 4.4 applies.
4.4 Theme switching on a launched Site is not available today. Eveneer may make it available in the Locally 360 Platform later. The Client may contact Eveneer support about it.
4.5 A Theme switch is at the Client’s own risk. Content, layout and images may not carry across identically between Themes. Restoring, reflowing or adjusting a Site after a switch is not part of the Service.
4.6 Page version history is not a backup. It holds up to three versions of a page. It does not make a Theme switch reliably reversible and it will not restore a Site.
5. Theme retirement
5.1 Each Theme has a working lifetime of approximately three years from the date Eveneer releases it. The three year period runs from the release date of the Theme, not from the date the Client selects it. A Client that selects a recently released Theme therefore gets longer on that Theme than a Client that selects an older one.
5.2 Eveneer retires Themes to keep Sites aligned with current design standards, to retire unmaintained dependencies, and to close security exposure in older Theme code.
5.3 The Client may not select a Theme that has less than twelve months of its lifetime remaining.
5.4 Eveneer will notify the Client by email approximately 90, 60, 30 and 15 days before a Theme the Client uses is retired.
5.5 If the Client takes no action, the Site continues to run on the retired Theme for up to twelve months after retirement.
5.6 During that twelve month period the Site runs unsupported and unpatched. Eveneer’s maintenance obligation in Schedule A does not extend to a retired Theme. Eveneer will not fix faults in a retired Theme and will not patch security vulnerabilities in it. The Client expressly acknowledges this and accepts the risk of continuing to run a Site on a retired Theme.
5.7 At the end of the twelve month period the Subscription for that Site terminates automatically, without further notice. Eveneer will produce a data export under clause 13 and email a download link to the Account contact. Billing for that Subscription stops on termination.
5.8 The Client can avoid clauses 5.5 to 5.7 by moving to a current Theme before retirement, if Theme switching is available at that time.
6. Domains
6.1 Eveneer provides a Platform Subdomain for every Site. The Platform Subdomain is always available and is covered by Eveneer’s certificate.
6.2 Any other domain used for a Site must be registered and managed by the Client. The Client may connect a domain to a Site at any time. Eveneer does not register, renew, transfer or manage domains for the Client. The one exception is Connect Cloudflare, under which the Locally 360 Platform acts in the Client’s own Cloudflare account, when the Client triggers it, under clauses 6.7 to 6.12.
6.3 A Client domain must be at a registrar or DNS provider that supports CNAME records at the domain apex, or an equivalent such as ALIAS or ANAME. Cloudflare is preferred but is not required, provided that requirement is met.
6.4 If the Client’s registrar or DNS provider does not meet clause 6.3, Eveneer cannot serve the Site from that domain. Eveneer is not liable for that, and the Subscription Fee remains payable.
6.5 Domain renewal, expiry, DNS configuration and DNS failure are the Client’s responsibility. The Subscription Fee remains payable while a Site is unreachable for any of those reasons.
6.6 Eveneer never holds the Client’s registrar or DNS passwords and will not ask for them. The only authorisation Eveneer holds for a Client’s domain or DNS is the Cloudflare Authorisation, which the Client grants through Cloudflare if it chooses to use Connect Cloudflare. It is not a password, and clauses 6.9 and 6.11 govern it. There is one other case. To point a domain at Cloudflare, the Client may choose to paste an access key issued by its registrar into the Locally 360 Platform. Eveneer uses that key for that single action and does not store it.
Connect Cloudflare
6.7 Connect Cloudflare is optional. The Client may connect its own Cloudflare account to the Locally 360 Platform. Once connected, and only when the Client triggers it, the Locally 360 Platform can do the following in the Client’s Cloudflare account:
(a) register a domain in the Client’s name;
(b) transfer a domain in to Cloudflare;
(c) configure DNS records for a Site; and
(d) set up Cloudflare Turnstile for forms on a Site.
The Client does not have to use Connect Cloudflare. It may manage its domains itself under clauses 6.2 to 6.5.
6.8 The Client’s own account and billing. Connect Cloudflare works only with a Cloudflare account the Client holds, under terms the Client accepts directly with Cloudflare. Cloudflare is the registrar of a domain registered or transferred in through Connect Cloudflare, and the Client is its registrant. Cloudflare bills the Client directly for registration, transfer, renewal and any other Cloudflare service. Renewals stay in the Client’s Cloudflare account and are the Client’s responsibility under clause 6.5. Eveneer charges nothing for Connect Cloudflare and collects no domain fee. The Client accepts Cloudflare’s own terms for domain registration when it registers or transfers a domain. The Client supplies the registrant details, is responsible for keeping them accurate, and chooses whether the domain renews automatically. Eveneer submits the order and those details to Cloudflare for the Client, and for that step only it acts as the Client’s agent.
6.9 The Cloudflare Authorisation. To use Connect Cloudflare, the Client authorises the Locally 360 Platform on Cloudflare’s own authorisation screen. That screen shows the permissions requested. The Cloudflare Authorisation may technically permit more than the actions in clause 6.7. Eveneer uses it only for those actions and for removing, when a Site is deleted, the DNS records the Locally 360 Platform added. Eveneer stores it encrypted. Where the Client sets up Turnstile, Eveneer also stores the secret key of the Turnstile widget, encrypted, so that it can check form submissions. Eveneer never receives the Client’s Cloudflare password.
6.10 The Locally 360 Platform acts only when triggered. The Locally 360 Platform takes an action in the Client’s Cloudflare account only when that action is triggered from the Client’s Account. Eveneer does not act in the Client’s Cloudflare account on its own initiative. The one exception is the removal of DNS records when a Site is deleted, described in clause 6.9. Where Eveneer staff work on a Site at the Client’s request, they trigger an action in the Client’s Cloudflare account only when the Client has asked for that action. Eveneer keeps a record of each action and of who triggered it. Clause 16.2 applies to an action triggered by any person the Client has granted access to.
6.11 Disconnecting. The Client may disconnect its Cloudflare account through the Locally 360 Platform at any time, and may also revoke the Cloudflare Authorisation in its Cloudflare account. Eveneer deletes the stored Cloudflare Authorisation, and asks Cloudflare to revoke it, when the Client disconnects, when the Client’s last Subscription has ended and the Site’s data has been deleted under clause 11.1 or clause 13.7, and when the Account is closed or deleted. Disconnecting undoes nothing. A domain registered or transferred in stays in the Client’s Cloudflare account, in the Client’s name. DNS records and Turnstile settings stay as they are until the Client changes them. Disconnecting does not delete the Turnstile secret key described in clause 6.9. Eveneer keeps it so that the Site’s forms keep being checked.
6.12 Cloudflare’s service. Cloudflare, not Eveneer, provides domain registration, DNS and Turnstile. Eveneer does not control Cloudflare. Eveneer is not liable for Cloudflare’s service, decisions, fees or availability, or for a registration, transfer or renewal that fails or lapses. The Client should check in its Cloudflare account that each action it triggers has completed.
7. Support
7.1 Support is provided by email to support@locally360.app only. Eveneer does not provide telephone, chat or in-person support.
7.2 Eveneer will respond to a support request within three Business Days.
7.3 Eveneer does not commit to resolving any issue, or to resolving it within any period.
7.4 Support does not include content edits or site changes. These are not included in the Service. Eveneer may offer them separately, under separate terms.
7.5 Schedule D sets out what support covers and excludes. Eveneer may offer a higher level of support as a paid add-on in future.
8. Availability
8.1 Eveneer will use commercially reasonable efforts to keep Sites available.
8.2 Eveneer gives no uptime commitment. There is no guaranteed availability percentage, no service credit, no refund for downtime, and no published status page or incident history.
8.3 Eveneer is not liable for any interruption, outage, degradation or data loss, including one caused by a provider of the infrastructure Eveneer depends on.
8.4 Eveneer may take a Site offline temporarily for maintenance, and will use reasonable efforts to limit the effect on the Client.
9. Storage limit and acceptable use
9.1 Each Site has a storage quota of 1 GB. Uploads are blocked once the quota is reached. Schedule A explains how storage is measured.
9.2 Additional storage is not currently sold. Eveneer may offer it later as a paid add-on, at a price stated when it is offered.
9.3 The Client must comply with Schedule B, the Acceptable Use and Copyright terms, and must ensure that anyone it grants access to a Site complies with them.
9.4 If the Client breaches Schedule B, Eveneer may suspend or terminate the Service under clause 12.
10. Fees, payment and tax
10.1 The Subscription Fee is 50 US dollars per Site per month.
10.2 Billing for a Subscription starts when the Client starts that Subscription. There is no free trial. Subscriptions are billed monthly in advance. Eveneer offers no annual or other billing interval under this Agreement.
10.3 The Client must keep a valid payment card on file. Eveneer charges the card through its payment processor, Stripe, on each billing date. By providing a card the Client authorises those recurring charges until the Subscription ends, and further attempts at a charge that failed, during the period in clause 11.1.
10.4 The Subscription Fee is exclusive of sales tax and any other tax or duty on the supply. The Client is responsible for any such tax charged, and Eveneer may add it to an invoice or charge. Eveneer calculates the tax from the Client’s billing address and adds it to the invoice, in each jurisdiction where Eveneer is registered to collect it.
10.5 All amounts are in US dollars.
10.6 Eveneer may change the Subscription Fee on 30 days notice by email. The new fee applies from the next billing cycle after the notice period ends. If the Client does not want to pay the new fee, the Client may terminate under clause 12.2 before it takes effect.
10.7 No refunds. Subscription Fees are not refundable, in whole or in part, including where the Client terminates part way through a paid period, where the Client stops using the Service, or where a Site is unreachable for a reason in clause 6. The only exception is where Eveneer fails to deliver the Service, in which case Eveneer will refund the Subscription Fee for the affected period.
10.8 If the Client disputes a charge with its card issuer, Eveneer may suspend the Service immediately and without notice. Eveneer will restore the Service when the disputed amount has been repaid in full. Eveneer charges no administrative fee for a chargeback. Eveneer does not suspend the Service because of a dispute of a charge under the Build Agreement while a failure by Eveneer to deliver that build is continuing, as set out in the Build Agreement.
10.9 Eveneer Solutions LLC is the seller of record for the Subscription. The Client must keep its billing details accurate and current.
10.10 The Client should contact Eveneer at support@locally360.app before raising a chargeback. Clause 10.8 applies whether or not it does. Nothing in this Agreement or the Build Agreement requires the Client to give up any right it has to dispute a charge with its card issuer.
10.11 Site builds and the build deposit. This clause applies only where the Client orders a site build from Eveneer under the Locally 360 Build Agreement. A Client that builds its own Site pays no build fee and owes only the Subscription Fee. Where a build is ordered:
(a) the build is paid for in one or two installments, and the amount of each is stated when the build is ordered. Once an installment has been issued, its amount does not increase;
(b) the build starts when the first installment is paid. The finished build is delivered by transferring it into the Site, and that happens only when every installment has been paid and the Client has approved the build;
(c) the first installment is a deposit (urbun). It is forfeited if the build does not complete because the Client does not pay the remaining installment, because the Client cancels the build, or because Eveneer cancels the build for the Client’s breach, each as set out in the Build Agreement. Where the Client pays for the build in one installment and the build ends before Eveneer first delivers it for review, whether the Client cancels it or Eveneer cancels it for the Client’s breach, Eveneer keeps 200 US dollars and refunds the rest, as set out in the Build Agreement. Before a forfeiture for non-payment, Eveneer gives notice and the Client has further time to pay. Before a forfeiture for cancellation by the Client, Eveneer confirms the cancellation by notice and the Client has time to withdraw it. A cancellation by Eveneer for the Client’s breach is final, with no notice or cure period. Cancelling a build is the Client’s right and is not a breach. The deposit is the agreed price for Eveneer starting and committing to the build. Where the build ends because of the Client’s breach, the deposit is also a reasonable estimate of Eveneer’s loss and is not a penalty. The Build Agreement sets this out. This clause discloses all of this before the Client accepts, and the Build Agreement discloses it again before the build is ordered; and
(d) nothing is forfeited if Eveneer fails to deliver the build, or cancels it through no fault of the Client. In those cases Eveneer refunds everything the Client has paid for it, as set out in the Build Agreement.
The Build Agreement governs every other term of a build.
11. Non-payment
11.1 If a payment fails, the following applies to the affected Subscription.
| Stage | Timing | What happens |
|---|---|---|
| Grace period | 14 days from the failed payment | The Site stays online. Eveneer retries the charge and notifies the Account contact. |
| Suspension | Day 15 | The Site is taken offline. Visitors receive an unavailable response. The Site is served with a no-index, no-store instruction. Platform access may be limited. |
| Export request window | Within 7 days of suspension | The Client may request a data export under clause 13. |
| Deletion | The later of 7 days after suspension, or 3 Business Days after an export is delivered | The Site, Client Content and all associated data are permanently deleted. |
11.2 Deletion under clause 11.1 is permanent. Eveneer cannot recover deleted data.
11.3 The Client may restore a suspended Site before deletion by paying all outstanding amounts. Subscription Fees continue to accrue during the grace period and during suspension.
11.4 Serving a suspended Site with a no-index instruction is not a breach of clause 3.5.
11.5 After deletion the Client may take a new Subscription, for a new Site. Where the Client had ordered a site build that was fully paid for and accepted, the Build Agreement gives the Client 7 days after the termination to do so and keep that build.
12. Term and termination
12.1 Each Subscription runs month to month from the date that Subscription starts, and renews automatically each month until terminated. There is no minimum term and no long term commitment.
12.2 The Client may terminate a Subscription at any time through the Locally 360 Platform or by email to support@locally360.app. Termination takes effect at the end of the paid period then running. The Service continues until then. No refund is due under clause 10.7. The Client may withdraw a termination in the same way at any time before it takes effect, and the Subscription then continues.
12.3 Eveneer may suspend or terminate a Subscription immediately, with notice by email, if:
(a) payment is not made and clause 11 has run its course;
(b) the Client breaches Schedule B;
(c) the Client uses the Service for an illegal purpose or hosts illegal content;
(d) the Client raises a chargeback of a Subscription Fee, subject to the paragraph below this list;
(e) the Client or anyone acting for it abuses, threatens or harasses Eveneer staff; or
(f) the Client breaches any other material term of this Agreement and does not fix the breach within 7 days of being asked to.
A chargeback of a charge under the Build Agreement is not a ground for terminating a Subscription. Where a Build is in progress and has not yet been transferred into the Site, Eveneer may suspend under clause 10.8 because of a chargeback of a Subscription Fee, but will not terminate under paragraph (d). A Subscription Fee that was properly due remains payable after a chargeback, and paragraph (f) applies if it is not paid.
12.4 Eveneer may terminate a Subscription for convenience on 30 days notice by email.
12.5 A Subscription also terminates automatically under clause 5.7.
12.6 On termination for any reason:
(a) all unpaid Subscription Fees for the current period become due;
(b) the Theme licence in clause 4.1 ends immediately and the Site stops being served;
(c) clause 13 applies to export and deletion; and
(d) the clauses listed in clause 12.7 survive.
12.7 The following survive termination: clause 1 (Definitions), clause 10 (Fees, payment and tax) in respect of amounts owed, clause 13 (Export and deletion), clause 14 (Content and intellectual property), clause 18 (Warranties and disclaimers), clause 19 (Limitation of liability), clause 20 (Client indemnity), clause 21 (Confidentiality), clause 22 (Governing law and dispute resolution), and any clause that by its nature should survive.
12.8 Renewal and cancellation information. Each Subscription renews every month at the Subscription Fee until it is terminated. The Client can terminate online at any time from the billing page of the Site, or by email under clause 12.2. Eveneer confirms these renewal and cancellation terms by email when the Subscription starts, and reminds the Client of them by email once a year, between 25 and 40 days before the renewal that takes the Subscription into a further 12 months.
13. Export and deletion
13.1 The Client may request a data export within 7 days of termination or suspension, by email to support@locally360.app.
13.2 Eveneer will deliver the export within 3 Business Days of the request. Eveneer emails a download link to the Account contact. The link is valid for 48 hours. The Client is responsible for downloading the export within that time. Eveneer may charge for producing a replacement link.
13.3 An export contains:
(a) page content as JSON;
(b) the business profile;
(c) media files the Client uploaded;
(d) captured Inquiries;
(e) a plain-language manifest describing what is in the export and what is not; and
(f) the invoices, payment records and booking records held in the Business Tools, as a data file, with a PDF copy of each sent invoice.
13.4 An export does not contain Stock Images, Themes, theme code, or any part of the Locally 360 Platform. Stock Images are licensed to Eveneer and that licence does not transfer to the Client. Stock Images used on the Site are excluded from the export and are flagged in the manifest.
13.5 An export is a copy of data. It is not a working website and cannot be deployed or hosted anywhere else.
13.6 Where a Subscription terminates automatically under clause 5.7, Eveneer produces the export without a request and emails the download link to the Account contact. Clauses 13.2 to 13.5 apply to it.
13.7 If no export is requested within the 7 day window, Eveneer deletes the Site, Client Content and all associated data after that window closes. Where an export was requested, deletion follows delivery of the export. Deletion is permanent. “All associated data” does not include Eveneer’s own records of the Subscription: its billing and commission records, its record of what the Client agreed to, and its record of the actions taken on the Account. Eveneer keeps those for the periods stated in the privacy policy referred to in clause 15.2.
14. Content and intellectual property
Client Content
14.1 Client Content remains the property of the Client. Eveneer claims no ownership of it.
14.2 The Client grants Eveneer a non-exclusive, worldwide, royalty free licence to host, store, copy, process, adapt for rendering, publish and serve Client Content, for the sole purpose of providing the Service. The licence lasts as long as the Client Content is on the Locally 360 Platform and ends when it is deleted.
14.3 Ownership of copy and images created for the Client by Eveneer as part of a paid build is governed by the Locally 360 Build Agreement. This Agreement does not transfer ownership of anything Eveneer creates.
14.4 The Client warrants that it owns Client Content or holds all rights needed to use it, and that Client Content does not infringe the rights of anyone else and is not unlawful. Clause 20 applies to a breach of this warranty.
Eveneer property
14.5 The Locally 360 Platform, the serving engine, all Themes, all software, and all associated intellectual property belong to Eveneer or its licensors. Nothing in this Agreement transfers any of it to the Client.
14.6 The Client may not copy, modify, reverse engineer, decompile, scrape at scale, resell or export any part of the Locally 360 Platform or any Theme, and may not use any of it outside the Service.
14.7 Stock Images are licensed to Eveneer. The Client may use them on its Site while the Subscription is in force. They are not transferred to the Client, may not be reused elsewhere, and are excluded from exports under clause 13.4.
AI generated content
14.8 Some content on a Site may be generated with the assistance of artificial intelligence tools. Where that is the case Eveneer will tell the Client. AI generated content is provided without any warranty as to accuracy, originality or fitness. The Client is responsible for reviewing it before publication and it becomes Client Content once published.
Portfolio use
14.9 Eveneer may display the Client’s Site, business name and logo in its portfolio, in case studies, in theme demonstrations and in marketing. The Client may opt out at any time by email to support@locally360.app, and Eveneer will stop using the material within a reasonable period. Opting out does not require Eveneer to recall printed or distributed material.
Copyright, takedown and repeat infringers
14.10 Eveneer responds to notices of claimed copyright infringement concerning content hosted on the Locally 360 Platform. Schedule B sets out how to send a notice and how Eveneer handles it.
14.11 Eveneer may remove or disable access to content claimed to be infringing, and may suspend or take down a Site, without liability to the Client.
14.12 Repeat infringer policy. Eveneer will terminate the Account and all Subscriptions of a Client that is the subject of three or more valid infringement notices that are not withdrawn or successfully countered. Eveneer may terminate sooner in a clear case. Termination under this clause is termination for cause and no refund is due. Eveneer keeps a record of every infringement notice and counter-notice it receives for each Account and applies this policy to every Client in the same way. A Client whose Account is terminated under this clause may not open another Account.
15. Data protection and privacy
15.1 For Visitor Data captured through forms on a Site, for Customer Data, and for Content Personal Data, the Client is the controller and Eveneer is the processor. Eveneer processes Visitor Data, Customer Data and Content Personal Data only to provide the Service and only on the Client’s instructions. Schedule C contains the processing terms. Clause 15.10 sets out the one exception, for Customer Portal accounts.
15.2 For the Client’s own account data, such as the details of the people who use the Account and billing information, Eveneer acts for its own purposes and processes that data under Eveneer’s privacy policy.
15.3 The Client is responsible for its own legal pages. The Client must maintain its own privacy policy, cookie policy, terms and any other legal page its business requires, must keep them accurate, and must identify Eveneer as a provider where its law requires that. Some laws require a business that collects personal information through its website to publish a privacy policy. California and Delaware, for example, require this of a business whose website collects personal information from their residents. Eveneer does not supply one. Publishing one, where the law requires it, is the Client’s responsibility.
15.4 Eveneer does not review, verify, approve or take responsibility for the Client’s legal pages, the page the cookie consent banner links to, or their contents. The Locally 360 Platform allows the Client to set the page on its Site that the cookie consent banner links to. Only a page on the Client’s own Site can be set. The banner shows no link unless the Client sets one. Setting it is optional and nothing on the Locally 360 Platform depends on it.
15.5 Compliance tools are tools. Eveneer provides a cookie consent banner, consent gating for third party analytics, and a set of security headers and controls. Providing them does not make Eveneer responsible for the Client’s compliance with any law. The Client configures them and remains responsible for its own legal obligations, including cookie consent, privacy disclosure and marketing rules.
The banner records a Visitor’s choice only in that Visitor’s own browser. Eveneer keeps no record of it, so neither the Client nor Eveneer can later produce proof of what a particular Visitor chose. A Client whose law requires it to prove consent must not rely on the banner alone for that. If the Client switches the banner off, every third party tool the Client has enabled loads for every Visitor without asking, and the Client is responsible for any consent, notice or opt-out its law requires for that.
15.6 The Client is responsible for any third party analytics or tracking identifier it supplies, including Google Analytics, Meta Pixel and Microsoft Clarity, and for disclosing that use and obtaining any consent required.
Lead list
15.7 Eveneer may share the Client’s business name, its business telephone number and business email address, the address of its Site, and the fact that its Site has no Agency attached, with Agencies that hold an account on the Locally 360 Platform and are looking for work. Eveneer shares nothing else for this purpose, and never shares Visitor Data, Customer Data or the Client’s billing details. This is switched on by default and is disclosed at signup, or on the payment page where Eveneer staff set up the Account for the Client. The Client may opt out at any time by email to support@locally360.app or through the Locally 360 Platform, and Eveneer will stop sharing the Client’s details within 10 Business Days.
Eveneer does not charge Agencies for these details. Eveneer requires each Agency to use them only to offer its own services to the Client, to follow the laws on marketing email, calls and messages, not to use an automatic dialler, a recorded voice or text messages, and to stop when the Client asks. At the date of this version no Agency has access to these details.
Marketing
15.8 Eveneer may send service messages about the Service to the Account contacts. The Client cannot opt out of service messages while the Account is open.
15.9 Eveneer may send marketing email to the Account contacts. Every marketing email carries an unsubscribe link.
Customer Portal accounts
15.10 Eveneer is the controller of each Customer’s Customer Portal account, which holds the Customer’s name and email address, the record of which businesses using the Locally 360 Platform have invoiced or booked them, and when they last used the account. Eveneer creates or links that account when the Client sends an invoice to, or receives a booking request from, a person with an email address. Eveneer processes that account data to run the Customer Portal, under the Customer Portal privacy notice published at https://portal.locally360.app/privacy. The Client remains the controller of its invoices, bookings and all other Customer Data, and clause 15.1 and Schedule C apply to them. Schedule E5 describes the Customer Portal.
The Client instructs and authorises Eveneer to take the name and email address of each such person from the invoice or booking request and to use them to create or link that account and to run it. Eveneer does so as a controller in its own right, and that use is not processing on the Client’s behalf. Eveneer will use that name and email address only to create, link and run the Customer Portal account as this clause and the Customer Portal privacy notice describe, and for no other purpose.
Eveneer will comply with the privacy laws that apply to it in doing so and will give that data the level of protection those laws require. The Client may ask Eveneer reasonable written questions to check this, as Schedule C9 describes. Eveneer will tell the Client if it can no longer meet these obligations, and the Client may then, on notice, require Eveneer to stop using data the Client supplied for Customer Portal accounts and to put right any unauthorised use.
Where the Client’s law requires it to have a privacy notice, the Client must state in it that the Client uses the Locally 360 Platform provided by Eveneer Solutions LLC, that Eveneer creates and is responsible for a Customer Portal account for each Customer, that the account shows the Customer the invoices and bookings of every business using the Locally 360 Platform that has invoiced or booked them, and where the Customer Portal privacy notice is published. Eveneer does not supply or check that wording.
16. Agencies, ISAs and other third parties
16.1 The Client controls which Agencies have access to its Sites. The Client may grant and revoke Agency access at any time through the Locally 360 Platform. Where an Agency onboarded the Client, that Agency has access from the start, and the Client may revoke it.
16.2 The Client is responsible for the acts and omissions of every Agency, Agency member and other person it grants access to, as if they were its own. This includes publishing content, changing settings, changing the search indexing setting, deleting content and switching Themes.
16.3 Eveneer will not restore, rebuild or compensate for anything done by a person the Client granted access to.
16.4 Lead notification email to an Agency is off by default and only sent if the Client switches it on.
16.5 An Agency is an independent business. It is not Eveneer’s agent, subcontractor or representative. Eveneer is not responsible for the services an Agency sells to the Client or for any agreement between them. An Agency’s liability to Eveneer is governed by a separate agreement between Eveneer and that Agency.
16.6 An ISA has no authority to bind Eveneer, to make any commitment about the Service, to vary this Agreement or to agree any price, discount or term. Statements by an ISA or an Agency do not bind Eveneer and do not form part of this Agreement.
16.7 The Client is responsible for its Account, for the users it creates, and for keeping credentials secure. The Client must tell Eveneer without delay if it believes an Account has been compromised.
16.8 The only terms that bind Eveneer are those in this Agreement and in any document Eveneer issues to the Client in writing.
17. Changes to this Agreement
17.1 Eveneer may change this Agreement, including the Schedules, at any time.
17.2 Eveneer will notify the Account contact by email at least 30 days before a change takes effect. The notice states what is changing, when it takes effect and how to terminate.
17.3 A change takes effect at the end of the notice period. Continuing to use the Service after that date is acceptance of the changed Agreement. Clause 17.5 sets out the one exception.
17.4 Eveneer will notify the Client of a change under clause 17.2. The Client does not need to accept it; clause 17.3 applies.
17.5 A Client that does not want to accept a change may terminate under clause 12.2. If the Client gives notice of termination before the change takes effect, the change does not apply to that Client, and the version of this Agreement the Client last accepted continues to apply until the termination takes effect. If the Client withdraws the termination, the change applies to that Client from the later of the date it takes effect and the date of the withdrawal.
17.6 A change to the Subscription Fee follows clause 10.6.
17.7 A change applies only from the date it takes effect. It does not apply to a dispute that either party had notified to the other under clause 22.2 before that date. That dispute stays under the version of this Agreement in force when it was notified.
17.8 Clause 17.5 does not delay a change that Eveneer must make to comply with the law or to protect the security of the Service. Eveneer will say so in the notice.
18. Warranties and disclaimers
18.1 The Service is provided “as is” and “as available”. To the maximum extent permitted by law, Eveneer disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
18.2 Eveneer does not warrant that the Service will be uninterrupted, error free, secure against every attack, or that any defect will be corrected.
18.3 No search or marketing results are promised. Eveneer delivers the technical search engine optimisation, generative engine optimisation and answer engine optimisation outputs described in Schedule A. Eveneer does not guarantee any ranking, position, impression, click, visitor, inquiry, lead, customer or revenue. Search engines, AI systems and directories are controlled by third parties and change their behaviour without notice. No statement by Eveneer, an Agency or an ISA about likely results is a warranty.
18.4 Accessibility. Themes are designed and built toward WCAG 2.1 Level AA as a target standard. Before a Theme is released Eveneer runs automated accessibility tests on the Theme’s demonstration pages. Automated tests find only some accessibility barriers. Eveneer does not test a Theme with a screen reader or by keyboard alone, and no independent audit is carried out. The statement in this clause is about the design process for Themes as delivered by Eveneer. It is not a claim of conformance and it does not apply to a live Site.
18.5 Eveneer does not review, test or audit a Client’s live Site for accessibility. Client Content, configuration, colour choices, media, forms and third party additions affect accessibility and are the Client’s responsibility.
18.6 Eveneer does not guarantee that a Site complies with the Americans with Disabilities Act or any other accessibility law, and gives no warranty of accessibility conformance. No statement by Eveneer, an Agency or an ISA that a Site is accessible, compliant with any accessibility law or conformant with any accessibility standard is authorised, and no such statement is a warranty.
18.7 The Client decides whether its Site meets the accessibility laws that apply to its business, and arranges any testing, audit, accessibility statement or correction it needs. The Client must tell Eveneer promptly, by email to support@locally360.app, of any complaint or claim about the accessibility of its Site.
19. Limitation of liability
19.1 Neither party is liable to the other for indirect, incidental, special, consequential or punitive loss, or for loss of profit, loss of revenue, loss of business, loss of goodwill, loss of leads or inquiries, loss of search rankings, loss of anticipated savings, or loss or corruption of data, however caused, even if the party was told the loss was possible.
19.2 Eveneer’s total liability under or in connection with this Agreement, for all claims taken together, is limited to the total Subscription Fees the Client actually paid Eveneer in the 12 months before the event giving rise to the claim.
19.3 Clauses 19.1 and 19.2 do not limit:
(a) the Client’s obligations under clause 20;
(b) the Client’s liability for unpaid Subscription Fees;
(c) the Client’s liability for breach of Schedule B or clause 14.6; or
(d) either party’s liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by negligence, or anything else that cannot be limited or excluded by law.
19.4 Eveneer carries no insurance for the benefit of the Client and is not required to carry any.
19.5 Each party must take reasonable steps to reduce its own loss.
19.6 The Client acknowledges that the Subscription Fee is set on the basis of the allocation of risk in this clause 19 and in clause 18.
20. Client indemnity
20.1 The Client will indemnify and hold Eveneer harmless against all claims, demands, proceedings, losses, damages, fines and reasonable legal costs arising from:
(a) Client Content, including any claim that it infringes intellectual property, is defamatory or is otherwise unlawful;
(b) the Client’s breach of clause 14.4, clause 15.3 or Schedule B;
(c) the Client’s use of the Service for an unlawful purpose;
(d) the acts and omissions of any Agency or other person the Client grants access to under clause 16.2;
(e) any claim by a Visitor or other third party relating to the Client’s own privacy practices, marketing, cookie consent, or the accessibility of the Client’s Site, except to the extent caused by Eveneer’s breach of this Agreement; and
(f) any claim by a Customer or a Crew Member relating to the Client’s invoices, the work the Client or its crews do, refunds, payments, bookings or any other dealing between the Client and that person, except to the extent caused by Eveneer’s breach of this Agreement.
20.2 Eveneer will tell the Client about a claim without undue delay, and will not settle it without the Client’s consent, which must not be unreasonably withheld. A delay by Eveneer in telling the Client about a claim relieves the Client of its obligations under this clause 20 only to the extent the delay harms the defence of the claim.
20.3 Eveneer controls the defence of any claim under this clause 20 and may choose its own counsel. The Client will cooperate and provide the information and assistance Eveneer reasonably requests.
20.4 The Client’s obligations under this clause 20 do not apply to the extent the law that applies does not allow the indemnity, or to the extent that a claim or loss is caused by Eveneer’s breach of this Agreement, or by the negligence, fraud, willful misconduct or violation of law of Eveneer or of anyone acting for Eveneer. Where a claim or loss is caused partly by the Client and partly by Eveneer, the Client’s obligations apply only to the part caused by the Client. For a claim for injury to a person or damage to property, the Client’s obligations apply only to the extent the injury or damage was caused by the Client or by its employees, crews, agents or subcontractors.
20.5 Where Eveneer controls the defence of a claim under clause 20.3, it will act reasonably, keep the Client informed of the progress of the claim, and take the Client’s reasonable comments into account. The Client may take part in the defence with its own counsel at its own cost.
20.6 Clause 19.5 applies to this clause 20. Eveneer will take reasonable steps to reduce any loss it claims from the Client under this clause.
21. Confidentiality
21.1 Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. Each party will keep that information confidential, use it only for this Agreement, and disclose it only to its staff and advisers who need it and are under a duty of confidence.
21.2 This does not apply to information that is public through no fault of the receiving party, was already known to it, is received from a third party without restriction, or is developed independently.
21.3 A party may disclose confidential information where the law or a court requires it, and will tell the other party first where it is allowed to.
21.4 These obligations continue for three years after termination.
22. Governing law and dispute resolution
22.1 This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict of laws rules. The Federal Arbitration Act governs clauses 22.3, 22.4 and 22.9 to 22.12. If a law of the state where the Client has its principal place of business protects the Client and cannot be waived by contract, the choice of Wyoming law does not remove that protection.
22.2 The parties will first try to resolve any dispute informally. Either party may start that process by email describing the dispute. If it is not resolved within 30 days, clause 22.3 applies.
22.3 Binding arbitration. Any dispute not resolved under clause 22.2 will be settled by binding arbitration rather than in court. The arbitration is administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, including its Expedited Procedures where they apply, in the form in force when the arbitration is filed. There is a single arbitrator and the arbitration is conducted in English. The AAA rules and fee schedules are published at adr.org.
22.4 Class action waiver. Claims must be brought individually. Neither party may bring a claim as a class, collective, consolidated or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding.
22.5 Small claims carve-out. Either party may bring an individual claim in a small claims court with jurisdiction, instead of arbitration, provided it stays in that court and is not brought as a class or representative action.
22.6 Either party may apply to a court for an injunction or other urgent relief to protect its intellectual property or confidential information, without waiting for arbitration.
22.7 Each party bears its own legal and other costs. Neither party may recover its costs from the other as a prevailing party.
22.8 Any claim must be brought within one year after the claim arose. A claim brought later is barred. If the law that applies to the claim does not allow the parties to shorten the time for bringing it to one year, the time for bringing the claim is the shortest period that law allows the parties to agree, and if that law allows no shortening, the period that law sets.
22.9 If clause 22.4 is held unenforceable for a dispute, clause 22.3 does not apply to that dispute. It will be heard in the state or federal courts located in Wyoming, and each party submits to those courts. If the law of the state where the Client has its principal place of business does not allow that choice of court, the dispute will be heard in the state or federal courts located in that state.
22.10 How the arbitration is held. Where no claim is for more than 25,000 US dollars, the dispute is decided on documents, unless a party asks for a hearing or the arbitrator decides one is needed. A hearing is held by video or telephone. If the arbitrator decides that a hearing in person is needed, it is held in the county where the Client has its principal place of business, unless the parties agree another place. Neither party is required to travel to Wyoming.
22.11 Arbitration fees. The AAA’s filing, administrative and arbitrator fees are paid as the AAA rules and the AAA fee schedule that applies to the dispute provide. Where the AAA applies its Consumer Arbitration Fee Schedule, Eveneer pays the share that schedule gives to the business, whichever party files. If the arbitrator or a court decides that the fees the Client must pay would make arbitration prohibitively expensive for the Client, Eveneer will pay as much of those fees as is needed to prevent that. Clause 22.7 applies to each party’s own legal costs. Nothing in clause 22.7 or in this clause removes a right to recover fees or costs that a statute gives a party and that cannot be waived.
22.12 Judgment on the award. A court with jurisdiction may enter judgment on the arbitrator’s award.
23. General
23.1 Force majeure. Neither party is liable for a failure or delay caused by something outside its reasonable control, including acts of government, war, civil unrest, natural disaster, epidemic, strike, failure of a public telecommunications or internet network, cyber attack, and failure or suspension of a third party infrastructure provider that Eveneer depends on. This does not excuse an obligation to pay.
23.2 Assignment. Eveneer may assign or transfer this Agreement, in whole or in part, to a purchaser of its business or assets, or in a reorganisation, without the Client’s consent. The Client may not assign or transfer this Agreement without Eveneer’s written consent, which will not be unreasonably withheld.
23.3 Notices. Eveneer gives notice to the Client by email to the Account contact. The Client gives notice to Eveneer by email to support@locally360.app, or by post to Eveneer Solutions LLC, 30 N Gould St, STE R, Sheridan, WY 82801, USA. An email notice is treated as received on the day it is sent, unless the sender receives a delivery failure. A postal notice is treated as received five Business Days after posting.
23.4 Account contact details. The Client must keep its Account contact details accurate and current. A notice sent to the recorded Account contact is validly given even if the Client no longer monitors that address.
23.5 Entire agreement. This Agreement, including its Schedules, is the entire agreement between the parties about the Service. It replaces all earlier discussions, proposals, quotes and statements about it. Neither party relies on any statement not written in this Agreement. This does not exclude liability for fraud.
23.6 Severability. If a provision is held invalid or unenforceable, it is modified to the minimum extent needed to make it enforceable, or removed if that is not possible, and the rest of the Agreement continues.
23.7 Waiver. A failure to enforce a right is not a waiver of it. A waiver is only effective in writing.
23.8 No third party beneficiaries. Nobody other than Eveneer and the Client has any right under this Agreement. Agencies and ISAs are not third party beneficiaries.
23.9 Relationship. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment or agency relationship.
23.10 Headings are for convenience and do not affect interpretation. “Including” means “including without limitation”.
SCHEDULE A. SERVICE AND LIMITS
A1. What the Subscription includes
| Item | What is provided |
|---|---|
| Serving the Site | Server side rendering from an edge network, routed by hostname |
| Theme licence | One Theme from the Client’s industry catalog, licensed for the term of the Subscription, never sold |
| Platform and editor access | Page editor, media library, business profile, publishing, and page version history holding three versions per page |
| Code and security maintenance | Maintenance and security patching of the Locally 360 Platform and of Themes that are not retired. Maintenance of a Theme fixes faults in its code, styling and security, and never changes the fields or structure of its components, so the Client’s content keeps working. This does not extend to a retired Theme, see clause 5.6 |
| Visitor form capture and storage | A same origin form endpoint with spam controls, including a honeypot field, a minimum fill time, per IP rate limiting and a signed forward. Each submission is stored as an Inquiry |
| Lead notification email | Email to the Site owner on a new Inquiry, carrying the whole Inquiry: the form it came from and every field the Visitor submitted. Notification to an Agency is off unless the Client switches it on, and carries the same content |
| Media handling | Image upload, automatic generation of optimised image versions, and delivery from object storage with long lived caching |
| SSL | Certificate on the Platform Subdomain, and a certificate for each Client domain connected to the Site |
| CDN and edge caching | Content delivery and edge caching, with cache invalidation on republish |
| Technical search output | Structured data, sitemap.xml, robots.txt, llms.txt, per page search fields, canonical enforcement, a themed 404 page, a redirect map and search engine change submission |
| Security posture | Content security policy composed at the edge with fixed directives, strict transport security, referrer policy, content type options, permissions policy and policy violation collection |
| Cookie consent banner | Deny by default, three categories, configurable by the Client |
| Third party analytics integration | The Client supplies an identifier for Google Analytics 4, Meta Pixel or Microsoft Clarity. Loading is gated on consent |
| Account security | Email and password sign in, email verification, two factor authentication and passkeys |
| Lead management | Inquiry list, status changes and deletion |
| Monthly report | A report for each Site for each calendar month, delivered as a PDF and available in the Locally 360 Platform. It shows the number of Inquiries received in the month compared with the previous month and, where request counts have been collected for the month, the number of page views and the most viewed pages. It does not show visitor numbers, traffic sources or telephone number clicks. See clause 3.3(b) |
| Connect Cloudflare | Optional. The Client connects its own Cloudflare account, and the Locally 360 Platform can then register a domain in the Client’s name, transfer a domain in, configure DNS and set up Turnstile for forms, each when the Client triggers it. Included, with no Eveneer fee. Cloudflare bills the Client directly. See clauses 6.7 to 6.12 |
| Business Tools | Invoicing, card payment of invoices through Stripe Connect, booking requests with dispatch to crews, and the Customer Portal, as described in Schedule E |
A2. What the Subscription excludes
Clause 3.3 lists the exclusions. In summary: no backups or restore, no traffic analysis or advice beyond the monthly report, no content edits by Eveneer, no email sending from the Site other than lead notifications and the Business Tools’ emails, no white labelling, no malware or integrity scanning, no originality or copyright scanning, and no legal page templates.
A3. Storage
Each Site has a storage quota of 1 GB.
Storage is measured as the total bytes stored for your site, including the optimised image versions the platform generates automatically from each image you upload. An upload therefore uses more of your quota than the size of the file itself. Uploads are held against your quota at an estimated size, then adjusted to the actual stored size once the platform has processed the images. Uploads are blocked once the quota is reached.
Reaching the quota does not take a Site offline. It blocks new uploads until the Client deletes media.
A4. Fees
| Item | Fee |
|---|---|
| Subscription Fee | 50 US dollars per Site per month |
| Billing interval | Monthly only |
| Additional storage | Not currently sold. It may be offered later as a paid add-on, at a price stated when it is offered. See clause 9.2 |
| Other add-ons | Priced separately when offered |
| Business Tools | Included in the Subscription Fee. Card payments made through Stripe Connect are charged at the standard card rate of 2.9% + 30 cents per payment, see Schedule E3 |
Fees are exclusive of tax. See clause 10.4.
SCHEDULE B. ACCEPTABLE USE AND COPYRIGHT
B1. Prohibited content
The Client must not publish, upload, store or transmit content that:
- infringes anyone’s copyright, trade mark or other intellectual property;
- is unlawful, defamatory, obscene, harassing or threatening;
- is sexually explicit, or depicts or promotes the sexual exploitation of anyone;
- promotes violence, terrorism, or hatred or discrimination against any group;
- offers goods or services the Client is not licensed to offer, or that are illegal to sell;
- is designed to mislead a Visitor about who the business is, what it sells or what it charges;
- contains malware, or code designed to damage, disable or gain unauthorised access to any system; or
- breaches any law that applies to the Client’s business.
B2. Prohibited conduct
The Client must not, and must not allow anyone else to:
- use the Service to send bulk, unsolicited or deceptive messages;
- attempt to gain unauthorised access to the Locally 360 Platform, another Client’s Site, or any underlying system;
- probe, scan or test the security of the Locally 360 Platform without Eveneer’s written permission;
- place a load on the Locally 360 Platform that is disproportionate to normal use of a small business website, including automated scraping, stress testing or use as a file store, media host or content delivery network for other sites;
- use the Service to operate a proxy, a link farm, a doorway site network or a service for unrelated third parties;
- resell, sublicense or make the Locally 360 Platform available to anyone who is not a user of the Client’s own Account;
- copy, reverse engineer or extract any part of a Theme or the Locally 360 Platform; or
- remove, obscure or alter any Eveneer notice or branding that the Service applies.
B3. Enforcement
Eveneer may remove content, suspend a Site or terminate a Subscription for a breach of this Schedule, under clause 12.3. Where the breach is not serious and can be fixed, Eveneer will normally ask the Client to fix it first. Eveneer does not have to, where the content or conduct is illegal, harmful or urgent.
B4. Copyright notices and takedown
Eveneer respects the intellectual property of others and expects Clients to do the same. This section is Eveneer’s procedure under section 512 of the United States Copyright Act (17 U.S.C. 512).
Designated agent. Eveneer’s designated agent to receive notifications of claimed infringement is:
Not yet published.
The same details are published on the Locally 360 website and in the Copyright Office’s directory of designated agents.
Sending a notice. A person who believes that material on a Site infringes their copyright may send a written notice to the designated agent. To be effective, the notice must include substantially the following:
- a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of those works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Eveneer to locate the material, for example the web address of each page;
- information reasonably sufficient to permit Eveneer to contact the sender, such as an address, a telephone number and, if available, an email address at which the sender may be contacted;
- a statement that the sender has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that the sender is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Incomplete notices. If a notice does not substantially include all six items but does substantially include items 2, 3 and 4, Eveneer will promptly try to contact the sender, or take other reasonable steps, to help the sender provide a notice that substantially includes all six items. Eveneer may wait for that notice before removing anything.
What Eveneer does. On receiving a notice that substantially includes all six items, Eveneer will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, and will take reasonable steps promptly to notify the Client that it has removed or disabled access to the material. Eveneer will also act expeditiously to remove, or disable access to, material on a Site where, without a notice, it comes to know that the material or an activity using it is infringing, or becomes aware of facts or circumstances from which infringing activity is apparent.
Counter-notice. A Client who believes that material was removed or disabled as a result of mistake or misidentification may send a written counter-notice to the designated agent. To be effective, the counter-notice must include substantially the following:
- a physical or electronic signature of the Client;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the Client has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- the Client’s name, address and telephone number, and a statement that the Client consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located or, if the Client’s address is outside of the United States, for any judicial district in which Eveneer may be found, and that the Client will accept service of process from the person who sent the original notice or an agent of that person.
Restoring material. On receiving a counter-notice that substantially includes all four items, Eveneer will promptly give the person who sent the original notice a copy of the counter-notice, and tell that person that Eveneer will replace the removed material or stop disabling access to it in 10 business days. Eveneer will replace the removed material and stop disabling access to it not less than 10, nor more than 14, business days after it receives the counter-notice, unless the designated agent first receives notice from the person who sent the original notice that that person has filed an action seeking a court order to restrain the Client from engaging in infringing activity relating to the material on the Locally 360 Platform. This paragraph does not limit B3 or clause 12.3. If Eveneer keeps material down, or a Site suspended, for another breach of this Schedule, it does so under those provisions and not under this B4.
False statements. Under 17 U.S.C. 512(f), a person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, is liable for the damages, including costs and attorneys’ fees, of anyone injured by the misrepresentation, as that section provides.
Repeat infringers. Clause 14.12 applies.
SCHEDULE C. DATA PROCESSING
This Schedule applies where Eveneer processes personal data on the Client’s behalf. It forms part of the Agreement.
C1. Roles and scope
| Item | Detail |
|---|---|
| Controller | The Client |
| Processor | Eveneer |
| Subject matter | Providing the Service under the Agreement |
| Duration | The term of the Subscription, then as set out in C7 |
| Nature and purpose | Receiving, storing, displaying and forwarding inquiries submitted on the Client’s Site, so the Client can respond to them. For Customer Data: storing the Client’s invoices, payment records, booking requests and crew records; sending the emails described in Schedule E on the Client’s behalf; passing a paying Customer’s email address and the invoice amount to the Client’s own Stripe account; and showing each Customer the Client’s invoices and bookings for them in the Customer Portal. Creating and running a Customer Portal account is not processing on the Client’s behalf. Clause 15.10 applies to it. Where the Client links an existing Stripe account: receiving and discarding the payment notices described in Schedule E3 that do not relate to the Client’s invoices. For Content Personal Data: storing it, displaying it and publishing it as part of the Site; and, where the Client orders a Build, crawling it from the Existing Site, extracting it into Theme components using the extraction tool named in C4, and showing it at the Preview URL |
| Types of personal data | The field values a Visitor submits in a form on the Site. Typically name, email address, telephone number, address or service location, and free text. For Customer Data: a Customer’s name, email address, telephone number, billing or service address, the invoices, payments and bookings recorded for them, and notes written by the Client or the Customer; and a Crew Member’s name and, where given, email address and telephone number. For the payment notices described in Schedule E3: the payer’s email address and name where Stripe includes them, and the amount and Stripe reference of the payment. Eveneer does not store them. For Content Personal Data: whatever personal data the Client’s content contains. Typically names, job titles, photographs, business contact details, and the names and words of people quoted in testimonials |
| Categories of data subjects | Visitors to the Client’s Site who submit a form; Customers; Crew Members; and people named, pictured or quoted in Client Content, such as the Client’s staff and customers |
An Inquiry record stores the submitted field values. Eveneer does not store the Visitor’s IP address or user agent in the Inquiry record. IP addresses are processed transiently at the edge for security purposes such as rate limiting and abuse prevention, and are not written into the Inquiry. To serve a Site and to produce the traffic figures in the monthly report, Eveneer and its hosting sub-processor process Visitors’ IP addresses and browser details transiently at the edge. Eveneer does not store them. The traffic figures Eveneer keeps are counts that do not identify any Visitor, and they are not personal data. Eveneer also uses those counts to operate, secure and improve the Locally 360 Platform.
Card details a Customer enters to pay an invoice go directly to Stripe, on pages Stripe hosts, and into the Client’s own Stripe account. Eveneer never receives or stores them. For each card payment Eveneer stores only Stripe’s reference for it, the amount, the currency and the date.
The Client must not use the Service to collect special categories of personal data, health information, financial account data, government identifiers, or data about children. This applies to Client Content and to the Business Tools as it does to forms, including page content, invoice lines, booking notes and crew records.
C2. Instructions
Eveneer processes personal data only to provide the Service, and on the Client’s documented instructions. The Agreement and the Client’s use of the Service are the Client’s instructions. Eveneer will tell the Client if it believes an instruction breaks the law, and may pause that processing until the instruction is clarified.
The Client is responsible for having a lawful basis for collecting personal data through its Site, for telling Visitors how their data is used, and for obtaining any consent its law requires. The Client decides what its forms ask for.
Eveneer will not sell or share personal data it processes for the Client. It will not keep, use or disclose that personal data for any purpose other than the purposes set out in C1, or outside its direct relationship with the Client, and will not combine it with personal data it receives from another source, except as the law that applies to service providers allows. Eveneer will tell the Client if it decides it can no longer meet its obligations under the privacy law that applies to it as the Client’s processor or service provider. On notice from the Client, Eveneer will take the reasonable steps the Client asks for to stop and put right any use of personal data that this Schedule does not allow. The one exception to this paragraph is the use of a Customer’s name and email address for a Customer Portal account, which Eveneer makes as a controller, on the Client’s instruction, under clause 15.10.
C3. Confidentiality and security
Everyone at Eveneer with access to personal data is bound by a duty of confidence.
Eveneer applies technical and organisational measures appropriate to the risk, including: encryption in transit; access control on the Locally 360 Platform with email verification, two factor authentication and passkeys available to Account users; a same origin form endpoint with spam controls and per IP rate limiting; signed forwarding of submissions; storage in access controlled object storage; and security headers applied at the edge.
For Customer Data those measures also include: a hosted invoice page reachable only through an unguessable link, which stops taking payment once the invoice is cancelled or paid; booking cancellation links that are signed and expire; Customer Portal sign-in by a signed, single-use email link that expires after a short period, with no passwords; separation of Customer Portal sessions from Account sessions; and card payment on pages hosted by Stripe, so card details never reach Eveneer.
Eveneer does not certify to any security standard and has not been audited against one.
C4. Sub-processors
The Client authorises Eveneer to use sub-processors. The current list is published on the Locally 360 Platform, at the path /legal/sub-processors. The list also names each country from which Eveneer personnel access personal data.
Sub-processors as at the date of this version are: Cloudflare, for edge compute, storage, including the storage of Inquiries, caching, DNS and rate limiting; DigitalOcean, for hosting the Locally 360 Platform’s application servers and database, where Customer Data is stored; Laravel Forge, for managing those servers, which gives it administrative access to them; Brevo, for email delivery, including the emails described in Schedule E6; Anthropic, for extracting content during a Migration under the Build Agreement; and Google, through Google Workspace, for hosting the support mailbox, which receives the emails the Client sends Eveneer.
Providers the Client engages itself. Stripe provides card payments to the Client under the Client’s own agreement with Stripe (Schedule E3). Where the Client sets up Cloudflare Turnstile through Connect Cloudflare, Cloudflare provides Turnstile to the Client in the Client’s own Cloudflare account, under the Client’s own agreement with Cloudflare. A provider of a third party analytics or tracking tool whose identifier the Client supplies under clause 15.6 provides that tool to the Client. For those services each of them is the Client’s provider and not a sub-processor of Eveneer. Eveneer passes personal data to them only as the Client’s use of the feature requires: for Stripe, a paying Customer’s email address and the invoice amount; for Turnstile, the Visitor’s verification token and IP address. The Client is responsible for telling Visitors and Customers about these providers. If, despite this paragraph, the law treats any of them as a sub-processor of Eveneer for that service, the Client authorises it.
Eveneer also uses providers that receive no Visitor Data, Customer Data or Content Personal Data, for example for Theme distribution, search engine submission, performance measurement and stock image search. They are not sub-processors and are not listed.
Eveneer will update the published list and notify the Account contact at least 30 days before a new sub-processor starts processing. Eveneer may give shorter notice where it must replace a sub-processor urgently to keep the Service secure or available. The Client may object within that period by email to support@locally360.app. The Client has no right to veto a sub-processor. If Eveneer does not accommodate the objection, the Client may terminate the Subscription by notice under clause 12.2 given before the new sub-processor starts, and may require the termination to take effect on the day of that notice instead of at the end of the paid period. No refund is due for the unused part of the paid period, under clause 10.7.
Eveneer engages each sub-processor under a written contract that imposes data protection obligations no less protective than this Schedule, and remains responsible to the Client for their performance.
C5. Breach notification
Eveneer will notify the Client without undue delay, and in any case within 72 hours, of becoming aware of a personal data breach affecting Visitor Data, Customer Data or Content Personal Data. The notification will describe what is known, what Eveneer is doing about it, and who to contact. The Client is responsible for notifying regulators and data subjects where its law requires it.
C6. Data subject requests and assistance
The Client handles requests from data subjects. If a request reaches Eveneer directly, Eveneer will forward it to the Client and will not respond to it itself, unless the law requires otherwise.
Eveneer will give the Client reasonable assistance with data subject requests, with security, and with any assessment or consultation the Client’s law requires, taking into account the nature of the processing and the information available to Eveneer.
A deletion request a Customer makes through the Customer Portal is forwarded and answered as set out in Schedule E5.
C7. Return and deletion
On termination the Client may request an export under clause 13. Eveneer deletes Visitor Data, Customer Data and Content Personal Data in line with clause 11.1, clause 13.7 or clause 5.7, whichever applies. Customer Data includes the Client’s invoices and payment records, and Schedule E1 applies to keeping copies of them. Eveneer may retain data where the law requires it, and will keep it protected for as long as it does.
C8. Where personal data is processed, and cross-border transfers
Eveneer is a United States company. The Locally 360 Platform’s application servers and database are hosted in the United States. Sites are served through Cloudflare’s global network, and Inquiries are stored on it. That network has no fixed region and may store and process personal data, including Inquiries, at its locations worldwide. Eveneer does not promise that personal data stays in the United States. The published list in C4 shows where each hosting sub-processor holds personal data.
Eveneer’s own personnel administer the Service remotely and access personal data from outside the United States. At the date of this version they do so from Bangladesh. The published list names each country from which Eveneer personnel access personal data. That access is by Eveneer itself, under role-based access controls, over encrypted connections and under the measures in C3. Eveneer personnel open personal data only where a task requires it, and do not copy it to their own devices.
Personal data that Eveneer personnel access from Bangladesh is, while it is handled there, subject to the law of Bangladesh, which includes a Personal Data Protection Act, 2026. If a Bangladeshi authority requires Eveneer to supply the Client’s personal data, Eveneer will tell the Client, unless the law forbids it.
The Service is offered to businesses in the United States for their customers in the United States. The Client must tell Eveneer before it uses a Site or the Business Tools to offer goods or services to people in the European Economic Area, the United Kingdom or Switzerland, or to monitor their behaviour.
In this Schedule, GDPR means Regulation (EU) 2016/679 and UK GDPR means the United Kingdom General Data Protection Regulation. The rest of this section applies only where the GDPR or the UK GDPR applies to the Client’s processing of personal data under this Agreement, and only to that personal data.
(a) If Eveneer is at the time listed as an active participant in the EU-US Data Privacy Framework and its listing covers the personal data, the Client’s transfer to Eveneer is made on that basis, and for UK personal data on the basis of the UK Extension to it where Eveneer’s listing includes that Extension.
(b) Otherwise, the standard contractual clauses in the Annex to Commission Implementing Decision (EU) 2021/914, Module Two (controller to processor), are incorporated into this Agreement and apply between the Client as data exporter and Eveneer as data importer. For those clauses: Clause 7 does not apply; in Clause 9, Option 2 applies and the notice period is the one in C4; the optional wording in Clause 11 does not apply; in Clause 17, Option 1 applies and the governing law is the law of Ireland; in Clause 18(b) the courts are the courts of Ireland; Annex I is completed by the parties’ details in this Agreement, C1 and this section; Annex II is C3; and Annex III is the published list in C4.
(c) For personal data subject to the UK GDPR, the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses issued by the UK Information Commissioner (template Addendum B.1.0) is also incorporated. Its tables are completed by the information in paragraph (b). For its Table 4, either party may end the Addendum when the approved Addendum changes.
(d) If the European Commission adopts standard contractual clauses for importers whose processing is itself subject to the GDPR, Eveneer may replace paragraph (b) with those clauses by notice under clause 17.
(e) Eveneer will give the Client the information it reasonably needs to assess the transfer, including about access from the countries named in the published list.
If the clauses incorporated by this section conflict with any other term of this Agreement, those clauses prevail.
C9. Information, assessment and audit
On reasonable request, Eveneer will make available to the Client all information in Eveneer’s possession that is necessary to show that Eveneer meets this Schedule, and will answer reasonable written questions about its processing.
Eveneer will allow, and cooperate with, a reasonable assessment or audit of its policies and its technical and organisational measures by the Client or by an independent assessor the Client appoints. The assessor must be bound by a duty of confidence and must not be a competitor of Eveneer. An assessment may be made once in any 12 months, on 30 days’ written notice. That limit does not apply where a personal data breach has occurred, where a regulator requires the assessment, or where there is evidence that Eveneer has not met this Schedule.
An assessment is carried out remotely, by written questions, review of documents and of evidence of configuration, and video call. Eveneer operates no data centre or office in which personal data is held. Personal data is held on the infrastructure of the hosting sub-processors named in C4, and Eveneer will pass on their audit reports where their terms allow.
Instead of an assessment by the Client, Eveneer may arrange for a qualified and independent assessor to assess its policies and its technical and organisational measures against an appropriate and accepted control standard or framework, and will give the Client the assessor’s report on request.
Where the GDPR or the UK GDPR applies to the personal data, and the Client or a supervisory authority reasonably requires an inspection that cannot be carried out remotely, Eveneer will permit it at the place where the processing concerned is carried out, at a time agreed in advance.
Each party bears its own costs of an assessment. Eveneer may charge its reasonable costs for a second or later assessment in any 12 months that is not required because of a breach by Eveneer.
C10. Order of precedence
If this Schedule conflicts with the Core Terms on the processing of personal data, this Schedule overrides clause 15 to the extent of the conflict.
SCHEDULE D. SUPPORT TERMS
D1. Channel
Email to support@locally360.app. No telephone, chat or in-person support.
D2. Response
Eveneer will respond within three Business Days of receiving a request. Requests received outside Business Days are treated as received on the next Business Day.
A response means a substantive reply from a person. It is not a commitment to solve the issue, and Eveneer gives no resolution time.
D3. What support covers
- Faults in the Locally 360 Platform or in a supported Theme.
- Questions about how to use the editor, the media library, the business profile and publishing.
- Account access, billing questions and subscription changes.
- Configuring the cookie consent banner and adding an analytics identifier, by explaining how, not by doing it.
- Data export requests under clause 13.
D4. What support excludes
- Content edits, copywriting, image work and site changes made for the Client. These are not included in the Service and may be offered separately, under separate terms.
- Design, layout or theme customisation work.
- Search engine optimisation strategy, keyword work and marketing advice.
- Faults in a retired Theme, see clause 5.6.
- Domain registration, DNS configuration and anything at the Client’s registrar, see clause 6. This includes the Client’s Cloudflare account and Cloudflare’s billing, including for domains registered or transferred in through Connect Cloudflare. Faults in the Locally 360 Platform’s side of Connect Cloudflare are covered under D3.1.
- Problems caused by an Agency or another person the Client granted access to, see clause 16.2.
- Restoring content. Eveneer holds no backups, see clause 3.3(a).
- Third party products the Client connects to its Site.
D5. Abuse
Eveneer may refuse to continue a support exchange, and may suspend or terminate under clause 12.3(e), where a person abuses, threatens or harasses Eveneer staff.
SCHEDULE E. BUSINESS TOOLS
This Schedule describes the Business Tools. They are part of the Service for every Site and are included in the Subscription Fee. The Client may use any of them, or none.
Every Business Tool works without Stripe Connect. A Client that does not set up Stripe Connect, or that Stripe does not accept, can still send invoices and mark them paid by hand, take booking requests, send work to its crews, and give its Customers the Customer Portal.
E1. The Client’s own business
The Client is the issuer of every invoice it sends through the Business Tools, and the seller of whatever it invoices for. The Client is responsible for the content of its invoices, including prices, invoice numbers, due dates and tax, and for its dealings with its Customers and Crew Members.
Eveneer is not a party to any contract between the Client and a Customer or a Crew Member, and is not the Client’s agent in any dealing with them. Eveneer does not collect, hold or pay any money for the Client.
The Business Tools never add interest, a late fee, a penalty or any other charge based on how long an invoice is unpaid. An invoice unpaid after its due date is shown as overdue, and nothing else happens to it.
The Business Tools are not a record-keeping system for tax or accounting purposes. The Client must keep its own copies of any invoice, payment or booking record its law requires it to keep, for as long as that law requires. Those records are deleted with the rest of the Site’s data under clauses 11.1 and 13.7. An export under clause 13 contains a copy of them, and the Client must request it within the time clause 13.1 allows.
E2. Invoicing
The Client can create invoices, send them to Customers by email, and repeat a sent invoice on a weekly, monthly, quarterly or yearly schedule. A repeat creates a draft for the Client to check, number and send. Eveneer never sends a repeat invoice by itself.
Each sent invoice has its own web page, reached through a link that cannot be guessed. That page is the invoice. A PDF copy can be downloaded from it.
The Client sets its own tax rates. A tax rate can be added or archived but never edited, so an invoice keeps the rate it was written with. Eveneer does not decide whether tax applies to anything the Client sells, which rate applies or how it is reported, and does not collect or pay tax for the Client.
An invoice is either paid or unpaid. The Business Tools do not record part payment. The Client may mark an invoice paid by hand, and an invoice paid by card is marked paid when Stripe confirms the payment. The Client may cancel a sent invoice, and its page then stops taking payment.
E3. Card payments through Stripe Connect
The Client may let Customers pay its invoices by card through Stripe Connect, a service provided by Stripe. To do so the Client opens its own Stripe account through Stripe’s onboarding pages and accepts Stripe’s terms, including the Stripe Connected Account Agreement, directly with Stripe. The Client starts onboarding from the Locally 360 Platform. To start it, Eveneer passes the business name and contact details from the Site’s business profile to Stripe. Stripe decides whether to accept the Client and what information it needs. The Stripe Services Agreement and the Stripe Connected Account Agreement are agreements between the Client and Stripe. They are not part of this Agreement, and Eveneer is not a party to them.
Instead of opening a new Stripe account, the Client may link a Stripe account it already has, by signing in to Stripe from the Locally 360 Platform and approving the link. Linking gives Eveneer access, through Stripe’s API, to the whole of that Stripe account and not only to the payments made through the Business Tools. Eveneer uses that access only to take payment of the Client’s invoices, to read whether the account can take card payments, and to confirm those payments. Stripe also sends Eveneer a notice when a card payment is taken on that account through the Client’s other tools, and when the account’s status changes. Eveneer reads a payment notice only far enough to see that it is not for an invoice sent through the Business Tools, and then discards it without storing it. Eveneer does not read, copy, keep or use any other data in the Client’s Stripe account, and does not keep the access credential Stripe issues when the account is linked. The Client may end the link at any time from its Stripe Dashboard, and its invoices then carry no payment button until card payments are set up again. Where Stripe will not link an account, the Client may open a new one instead.
Every card payment is made directly into the Client’s own Stripe account, and the Client is the merchant for it. Eveneer never receives, holds or transfers the money. Card details are entered on pages Stripe hosts and never reach Eveneer.
Eveneer is not a bank, a money transmitter, a payment processor or a payment facilitator, and provides no payment service. Stripe provides the payment service to the Client under the Client’s own agreement with Stripe. The Client authorises Eveneer to do the following on the Client’s Stripe account through Stripe Connect, and to share with Stripe the information needed to do it and the data about the Client and its account that Stripe needs to provide its services: to pass the business name, website address, email address and telephone number from the Site’s business profile to Stripe when the Client starts onboarding; to create, for an invoice the Client has sent, the page hosted by Stripe on which the Customer pays it, passing the invoice number, amount and currency and the Customer’s email address; to read whether the account can take card payments and what Stripe still requires of the Client; and to receive Stripe’s confirmation that an invoice has been paid. Eveneer does not issue refunds, hold or move money, change payout details or change any setting on the Client’s Stripe account.
Card payments go to the Client’s own Stripe account, at the standard card rate of 2.9% + 30 cents per payment.
Refunds, disputes, chargebacks, reversals, payouts and any negative balance on the Client’s Stripe account are between the Client and Stripe, and the Client handles them in its own Stripe Dashboard. Eveneer is not responsible for them and does not support the Client’s Stripe account. Eveneer does not control Stripe and is not liable for Stripe’s service, decisions or fees. If Stripe holds Eveneer liable for any amount arising from the Client’s Stripe account or the payments made into it, including a negative balance, a dispute, a refund or a fine, the Client must repay Eveneer that amount on demand, except to the extent Eveneer’s breach of this Agreement caused it.
Until Stripe enables card payments on the Client’s Stripe account, the Client’s invoices carry no payment button, and the Client records payment by marking an invoice paid by hand.
Clauses 10.3, 10.8 and 10.9 concern the Client’s payments to Eveneer. They do not apply to a payment a Customer makes to the Client.
E4. Booking requests and crews
A Site can carry a booking form. A Visitor uses it to state the service they want, a preferred date or time window, their contact details and address, and a message. The form shows no availability. A booking request is a request, not a booking. Eveneer notifies the Client of each one by email. A submission with no name, or with neither an email address nor a telephone number, is kept as an Inquiry instead.
Nothing is booked until the Client confirms the request in the Locally 360 Platform. The Client may decline any request. When the Client confirms, Eveneer emails the Customer, where they gave an email address, a confirmation with a link to cancel. The link expires one week after the preferred date. A cancellation shows on the booking in the Locally 360 Platform. When the Customer cancels, Eveneer also notifies the Client by email. When the Client cancels a booking it has confirmed, Eveneer emails the Customer, where they gave an email address, that the booking is cancelled.
The Client may set up crews and add Crew Members to them, with a name and, optionally, an email address and telephone number. A Crew Member has no login to the Locally 360 Platform. When the Client dispatches a booking to a crew, Eveneer emails the job details, including the Customer’s name, telephone number and service address, to each Crew Member of that crew who has an email address. If the Client or the Customer then cancels the booking, Eveneer emails those Crew Members that the job is cancelled. The Client must have the right to give Eveneer each Crew Member’s details, and is responsible for the work its crews do.
Eveneer does not schedule, route or supervise work, and does not connect to any calendar.
E5. Customer Portal
Every Site’s Customers can use the Customer Portal. When the Client sends an invoice to, or receives a booking request from, a person with an email address, Eveneer creates or links that person’s Customer Portal account under clause 15.10. The Customer signs in with a link Eveneer emails to them. The Customer Portal has no passwords.
In the Customer Portal a Customer sees, together, the invoices and bookings that every business using the Locally 360 Platform has sent them. Eveneer never shows the Client, or any other business, which other businesses a Customer deals with, or the Customer’s invoices or bookings with them.
When a Customer asks Eveneer to delete their Customer Portal account, Eveneer deletes the account data it controls under clause 15.10 and forwards the request to every business that invoiced or booked them, including the Client. Eveneer does not delete the Client’s Customer Data because of that request. The Client must answer the request in the Locally 360 Platform within 21 days of the day Eveneer forwards it, or within any shorter period the Client’s law sets, recording whether it deleted the Customer’s data or kept it and, if it kept it, why. Eveneer passes the Client’s answer to the Customer in the Client’s own words. If the Client has not answered within that period, Eveneer may tell the Customer so, and does not pass on an answer the Client gives later. Answering the request under the Client’s own law remains the Client’s responsibility, and Eveneer’s forwarding of it is the assistance described in Schedule C6.
E6. Emails sent on the Client’s behalf
The Business Tools email Customers and Crew Members on the Client’s behalf: invoices, booking confirmations and cancellations, and job details and job cancellations for crews. These emails are sent from an Eveneer email address and show the Client’s business name as the sender’s name. The Client must have the right to contact each person the Business Tools email for it. The Business Tools send no marketing and no text messages.
Emails about a Customer Portal account, such as sign-in links and notices about the account, are sent by Eveneer in its own name.
The first invoice email and the first booking confirmation email a Customer receives through the Business Tools carry a short notice from Eveneer, in Eveneer’s own name, that a Customer Portal account has been created for them, with a link to the Customer Portal privacy notice and to the page where they can close the account.
Eveneer does not guarantee that any email is delivered. A sent invoice stays valid if its email does not arrive, and the Client can share its link directly.
End of Agreement.
This Agreement is accepted electronically. It carries no signature block, see clause 2.4.