Terms of Service


These Terms were last updated on 17 September 2024


  1. WELCOME


    1.1. We are Lobaso Limited ("we", "us" or "our"), a company registered in England and Wales that provides the Disciple platform, websites (at https://www.disciplemedia.com/ and https://www.disciple.community/), web applications, mobile applications, and related services (together, the "Services").


    1.2. These Terms of Service, together with the Community Rules (https://www.disciple.community/community-rules) (together, the “Terms") are a legal agreement between us and you (“you” or “your”) and apply to your use of the Services. Disciple is a service aimed at professional parties and as such, you are not considered as a consumer.  


    1.3. For information on how we process your personal data, please see our privacy policy (https://www.disciple.community/privacy-policy/).


    1.4. You must review these Terms before you use the Services. By ticking the box next to these Terms when prompted, you agree to these Terms. Please do not use the Services if you do not agree to these Terms.


  2. CHANGES


    2.1. We may occasionally make changes and improvements to the Services (like new features, compatibility improvements, and security upgrades) and these Terms, but we'll notify you of any significant changes in advance either by email or via a prominent notice in the Services. You can choose to stop using the Services at any time.


    2.2. Depending on the improvements, you may not be able to use the Services until you have accessed or downloaded the latest version of the Services and reviewed and accepted any new terms of use.


  3. WHAT IS DISCIPLE AND HOW DOES IT WORK?


    3.1. Through the Services, we provide you with products, applications, content, tools and features ("Disciple Materials") which allow you to design, build and manage your digital community platform (“Community”) on Web, iOS and Android. 


    3.2. You may also upload and post content via the Services (including to Communities) such as your name, biographic or business details, pictures, videos, reviews and comments ("Content").


    3.3. Each Community has its own set of terms and conditions ("Community Terms"). Should you join another user's Community, you must read and comply with the Community Terms that apply to that Community.


    3.4. We do not create or manage Communities, but provide you with the products, applications, tools and features to create them.


    3.5. We may include third party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute these components (“Open Source Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms will prevent or restrict you from obtaining these Open Source Components under the applicable third party licences or to limit your use of these Open Source Components under those licences.


  4. USING THE SERVICES


    4.1. Disciple empowers brands and creators to build independent communities of true value. We built the Services with the core value of passion in mind - passion for your community, your members’ wellbeing, your mutual personal interests, creativity and differences. We encourage you to use the Services by ensuring you're keeping it honest, what you contribute is quality, it is without bullying and harassment nor threats of violence.


    4.2. We may remove Content that doesn't comply with these Terms or our Community Rules. We may suspend or terminate your access to the Services if you don't comply with these Terms or our Community Rules.


  5. YOUR RESPONSIBILITIES


    5.1. In return for us providing the Services to you, you must comply with our Community Rules (https://www.disciple.community/community-rules) when using the Services (including any Community).


    5.2. Your Community and the people using it ("End Users") are your responsibility. You must ensure your Community and End Users comply with any laws or regulations that may apply. We are not responsible for your Community or End Users and we won’t provide you with any legal advice.


    5.3. Your Community is required to have Community Terms in place, and you must ensure that your End Users comply with our Community Rules. 


    5.4. We reserve the right to audit and monitor your Community, any account and all content at any time for compliance with these Terms, Community Terms, Community Guidelines and Community Rules, with or without notice. For the avoidance of doubt, this includes running various screening algorithms to detect potential breaches, such as (but not limited to) hate speech, pornographic content, toxic language and intellectual property infringement. You acknowledge and agree that we have the right to alter, edit or remove any content in whole or in part. 


    5.5. We may need to make reasonable changes to your Community Terms (for example, to comply with law or to fix a problem that is, in our reasonable opinion, seriously affecting the Services). You must implement these changes as soon as possible.


    5.6. You are responsible for ensuring that you comply with all laws that apply to your use of the Services, including laws and regulations relating to data privacy such as the General Data Protection Regulation (2016/679) (“GDPR”), Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("Privacy Law").


    5.7. You are responsible for the mobile or data roaming charges you incur when using the Services.


  6. PAID SERVICES, FEES, AND FREE SERVICES


    6.1. Some Disciple Materials are only accessible to paying users of the Services ("Paid Services"). The full details of our Paid Services and the fees payable ("Fees") are available on our website (https://www.disciple.community/pricing/). You must pay the Fees to access the Paid Services.


    6.2. Most of our Paid Services are available as subscriptions. Your subscription will automatically renew and we will automatically collect the Fees payable for your subscription at the start of each subscription period. If you have an annual subscription (meaning your subscription period is 12 months or longer), we will try to provide you with at least 30 days’ notice before your subscription renews. You may cancel your subscription or close your Account by following the process at section 16 below.


    6.3. Depending on the type of subscription you purchase, your Community may be subject to certain limitations and caps, such as total number of End Users that may access your Community, storage quotas or similar. You may pay additional Fees to increase these limitations and caps ("Bundles"). If your Community exceeds the limitations or caps applicable to your subscription, we will automatically charge the applicable Fees detailed on our pricing page (https://www.disciple.community/pricing/) for the cheapest available Bundle.


    6.4. Your access to the Paid Services will continue for as long as you pay the Fees or until our agreement with you is terminated.


    6.5. We may change the Fees, but these changes won't take effect during your current subscription period and we will let you know of any changes 30 days in advance (either via email or via a prominent notice in the Services) so that you have the chance to cancel your subscription if you do not wish to pay the new Fees. New Fees will not apply retroactively.


    6.6. New features and Disciple Materials will not automatically be included in existing subscriptions.


    6.7. We may occasionally offer time-limited access to certain Disciple Materials ("Trial Period"). Trial Periods may be subject to limitations such as reduced features, functionality, caps on the number of End Users that may access your Community, storage quotas, or similar restrictions. At the end of the Trial Period, you must upgrade to Paid Services to continue using the Services. If you choose not to upgrade, we may delete any data you submitted or provided during the Trial Period (except where the law requires us to keep it). If you create a Community during your Trial Period and want to continue managing your Community via the Services after the Trial Period ends, you must upgrade to the Paid Services and pay the applicable Fees.


    6.8. If your payment is declined or we receive a chargeback or other rejection, we may: (i) try to collect the Fees at a later time; (ii) suspend your Account until the Fees are paid. You may not be able to access the Paid Services until you pay any outstanding Fees.


  7. MONETISATION


    7.1. You may monetise your Community using the functionality offered via the Services, such as offering your End Users subscriptions that provide access to exclusive content or parts of your Community ("Monetisation"). Monetisation functionality is provided by our payment partner which is currently Stripe, Inc. ("Stripe"). We do not provide payment services, but may provide you with the Disciple Materials necessary to integrate Stripe's payment services into your Community. 


    7.2. To enable Monetisation, you must connect your Stripe account to your Disciple Account. If you don't have a Stripe account, you must set one up. When setting up your Stripe account, you must review and accept any Stripe terms and policies that apply. If you don't agree with the Stripe terms and policies that apply to you, you must not enable Monetisation. If you are unable to set up a Stripe account (for example, because you do not meet Stripe's eligibility criteria), you can't enable Monetisation. 


    7.3. If you enable Monetisation, we may charge a transaction fee that will be deducted from generated revenues. The fees that would apply to your subscription can be found on our pricing page (https://www.disciple.community/pricing/). Transaction Fees are additional to any fees charged by the payment processor.


    7.4.You are responsible for checking for and paying any taxes that may apply in relation to your Monetisation of your Community.


    7.5. We may suspend Monetisation of your Community if you don't comply with these Terms or our Community Rules.  


  8. COPYRIGHT AND INTELLECTUAL PROPERTY


    8.1. Intellectual property is the legal phrase used to describe what you create (for example, an original photograph or an original brand would be intellectual property). Copyright, trade marks, designs, and patents are all examples of intellectual property. In these Terms, "intellectual property rights" means all intellectual property rights of any kind which exist now or will exist in the future anywhere in the world, including: (i) copyrights; (ii) trade marks, corporate names, logos, designs, internet domain names; (iii) all rights relating to the protection of computer software (in both source code and object code form); (iv) all rights relating to the protection of business and trade secrets, know-how and confidential information; and (v) all rights to obtain renewals, or other extensions of legal protection in relation to these rights.


    8.2. A licence is a legal phrase that means a permission to do something that would otherwise not be legal or allowed. An assignment is a legal transfer from one person or organisation to another.


    8.3. Except for the User Rights you grant us in section 10.1 below, you (or any other person that has given you permission to upload your Content) own and will keep all intellectual property rights in your Content. 


    8.4. Except for the Disciple Licence we grant you in section 9.1 below, we (or the Disciple Partners) own and will keep all intellectual property rights in the Services, the Disciple Materials, and in each Community (except for the Content).


    8.5. Except for the Disciple Licence we grant you at section 9.1 below and the User Rights you grant us at section 10.1, no intellectual property rights are transferred or licensed in these Terms.


    8.6. As far as permitted by law, you give up and agree not to use against us any moral rights, rights of privacy, publicity, or similar rights under other laws in connection with your Content and any feedback or suggestions you send us, and you understand that we can use your Content, feedback, and suggestions to provide and improve the Services (for example, serving your Content to your End Users via your Community) without referring to you as the author and that we can adapt and amend your Content, feedback, and suggestions as necessary to provide and improve the Services (for example, resizing your images to ensure they fit in your Community).


    8.7. Anyone who owns or controls copyright may submit a take-down request to us in relation to content or materials they suspect infringes their copyright. As long as these take-down requests contain certain information, intellectual property law requires us to act quickly to disable access to the content that the take-down request identifies as infringing.


  9. RIGHTS WE GRANT TO YOU


    9.1. In return for you complying with these Terms and your payment of any Fees payable in relation to your use of the Services, we grant you a limited, non-exclusive, non-transferable licence to access the Services (including other users' Communities) and to use the Services and Disciple Materials to create, manage, and monetise your Community ("Disciple Licence").


    9.2. The Services and Disciple Materials are licensed (not sold) to you, meaning that we (or the Disciple Partners) continue to own all copies of the Services and Disciple Materials when running or installed on your device. The Disciple Licence stays in effect for as long as we provide the Services and you continue to pay any Fees that may apply.


    9.3. You may use the Disciple logo and brand to promote your Disciple Community. We may withdraw this permission at any time. You may only use the Disciple logo and brand for other purposes with our written permission.


  10. RIGHTS YOU GRANT TO US


    10.1. In return for us providing the Services, when you upload or post Content via the Services (including to a Community) you grant:


    10.1.1. to us, non-exclusive, royalty-free rights to access and process your Content solely for the following internal purposes:

    1. Providing and maintaining the Services;

    2. Conducting content reviews to ensure compliance with our Community Rules and applicable laws;

    3. Performing data analysis to improve and optimise our Services;

    4. Generating anonymised insights to enhance our product offerings.


    These rights are limited to internal use only. We will not publish, distribute, or commercially exploit your Content without your explicit prior consent. These rights persist only for as long as necessary to fulfil these purposes and terminate upon the deletion of your Content from our Services.


    10.1.2. to us, non-exclusive, royalty-free rights to: 

    1. Use your name, username, image, and likeness solely to identify you as the provider of your Content within the Services; 

    2. Analyse anonymized, aggregated data from your Community to operate and improve the Services, provide insights about your Community's performance, and offer general guidance on successful engagement strategies across Communities.


    We will not use your personal information for promotional purposes outside the Services without your explicit consent. We will not re-identify or disaggregate anonymized data. These rights persist only while you use our Services and terminate upon deletion of your account.


    10.1.3. to us, non-exclusive, royalty-free rights to use your Community name and public-facing app store details strictly for the purposes of operating the Services. We will seek your explicit consent before using these for any promotional activities outside of necessary app store listings.


    10.1.4. to End Users, non-exclusive rights to access, view, and share your Content via the Services, as permitted by the settings and features you choose for your Community.


    The rights granted in sections 10.1.1 - 10.1.4 above are together the "User Rights".


    10.2. In return for us providing the Free Services, when you upload or post Content using the Free Services you grant to us a non-exclusive, royalty-free, worldwide licence for as long as you use the Free Services to use your Community for the purposes of advertising and promoting the Services to your End Users (for example, via marketing banners within your Community).


    10.3. If you think we could improve the Services, please let us know via the feedback tool provided via the Services. If you provide any suggestions or feedback, you understand and agree that we can use your suggestions and feedback without paying or compensating you.


  1. YOUR ACCOUNT


    11.1. You must create an account (“Account”) to use the Services and set up a Community.


    11.2. You must be at least 18 (or the legal age of majority in the country where you are resident, if older) to create an Account and use the Services.


    11.3. Your Account is your responsibility. Please make sure you create a strong password, never share it with anyone, and keep your account details secure. If you think your Account has been compromised in any way, you must let us know as soon as possible by sending an email to: help@disciplemedia.com


    11.4. You must not sell or rent your Account, buy an Account from another user, or use someone else's details or identity to create an Account. If we reasonably believe you are not the rightful Account holder or Community owner (for example, if you have maliciously or fraudulently created a Community to impersonate another person or brand), we may transfer ownership of your Account or Community to the rightful owner.


    11.5. If we delete or suspend your Account because you did not comply with our Community Rules (https://www.disciple.community/community-rules), you must not create another Account without our permission.


  2. YOUR LEGAL RESPONSIBILITY


    12.2. You confirm that:


    1. you have the right to agree to these Terms and to comply with all of your obligations in these Terms;

    2. you will hold us harmless against any claims from your end-users

    3. if you are agreeing to these Terms on behalf of a company or organisation, you have the legal right to act on their behalf and enter into binding agreements on their behalf;

    4. you own or have the right to use the Content you upload;

    5. nothing you upload will interfere with the rights of anyone else; 

    6. you have obtained all necessary permissions or releases from anyone appearing in your Content;

    7. your Content doesn't and won't break any law or regulation that applies to you or your Content;

    8. you and your Content do and will comply with our Community Rules;

    9. you will not introduce any virus, worm, Trojan horse, adware, spyware or any other form of malicious content, code or software to the Services, Disciple Materials or any Community; and 

    10. the details you used when setting up your account are correct and you will update those details if they change.


    12.2. We may remove your Content or, where appropriate, suspend or stop your access to the Services if we reasonably believe that any of the confirmations you provide above aren't true.


  3. OUR LEGAL RESPONSIBILITY


    13.1. We confirm that we will provide the Services to you:


    1. in accordance with applicable laws;

    2. in a timely and professional manner; and

    3. using the reasonable skill and care of a competent service provider.


    13.2. We disclaim any warranty or representation that the Services will: (a) be uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components (but we will make commercially reasonable efforts to ensure that the Services do not contain any viruses or other harmful components).


    13.3. To the maximum extent permissible by law, we are not responsible for:


    1. losses, damage, costs or expenses not caused by our breach of these Terms;

    2. the actions or inactions of other users;

    3. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage (for example, loss of profits);

    4. any harm, loss or damage suffered by you or anyone else if the Services are interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, failure of or delays in third party communications networks, acts of terrorism, or power failure).


    13.4. We are also not responsible for any loss of profits, business, contracts, revenue, goodwill or reputation, or any loss or corruption of data, any inability to use the Disciple Services, any consequential, incidental, punitive or special loss or damage whatsoever, whether or not such loss or damage arises directly or indirectly and regardless of the form of action, whether in contract or tort including negligence or any other legal theory, and even if either party was aware of the possibility of such loss or damage;


    13.5. We do not review Content to check for accuracy or copyright infringement. Because we have no control over Content, you understand and agree that we are not responsible for any Content that appears on the Services (including on any Community), including its accuracy or availability.


    13.6. You understand and accept that your access to the Services depends on connectivity over communications networks and facilities that we don't control and that you may experience limitations, delays and other problems when using the Services because of your use of these networks and facilities. We are not responsible for any problems caused by your use of these networks and facilities.


    13.7. We can't promise that any of the Content uploaded or posted to a Community by other users will be owned or controlled by those users or that this Content will not infringe the rights of others. We can't promise that your use of the Services will be uninterrupted or error free, or that the information you get from the Services (including any Community) will be accurate, complete, current, or reliable. As long as we provide the Services with reasonable care and skill, we are not responsible for any loss or damage that you may experience as a result of any interruption or delay to your access to the Services.


  4. LIMITATION OF OUR RESPONSIBILITY


    14.1. Nothing in these Terms denies or limits responsibility for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other loss or damage which cannot be denied or limited under applicable law.


    14.2. You understand that we continually work to develop and improve the Services and may release features that are still in the ‘beta’, testing, or evaluation stage. Access to the Services is made available on an ‘as is’ basis and we are not responsible for the unavailability of the Services or any fault, defect or error;


    14.3. Our total liability in respect of any breaches or losses arising out of or in connection with these Terms is limited to the sum of all Fees paid by you in the preceding twelve (12) month period;


    14.4. We are not responsible for any infringement of intellectual property arising from your breach of these Terms or your use of the Services in conjunction with any applications, content or services provided by you or any third party; and


    14.5. We are not responsible for any disclosure, modification or deletion of Content, End User Personal Data, data or information, or for any corresponding losses or damages you may suffer, as a result of access by a third party service or a third party services provider to your Content, End User Personal Data, or your data.


  5. FINANCIAL COMPENSATION


    15.1. You must compensate us, keep us fully and effectively compensated, and hold us harmless, in relation to all liabilities, costs, expenses, damages and losses (including any professional or legal costs and expenses) suffered or incurred by us arising out of or in connection with any claims, actions, or proceedings, relating to your breach of these Terms or the Community Rules.


  6. CANCELLATION AND TERMINATION


    16.1. You may cancel your access to the Paid Services and close your Account at any time via the Services or by contacting us at help@disciplemedia.com. Your access to the Paid Services will continue until 23:59 on the final day of your subscription period. You must cancel your access to the Paid Services at least 30 days before the next renewal date to avoid automatic renewal.


    16.2. You may terminate these Terms or delete your Account at any time via the Services or by contacting us at help@disciplemedia.com.


    16.3. We may cancel, suspend, restrict, or disable your use of or access to parts or all of the Services:

    1. if you fail to comply with the Community Rules;

    2. if you fail to pay any applicable Fees payable; or

    3. if you materially breach any of these Terms.


    16.4. Unless they are terminated by you or us, these Terms apply for as long as we provide the Services to you.


    16.5. On cancellation of your subscription, deletion of your Account, or termination of these Terms:

    1. you must stop using the Services and delete and uninstall all copies of the Disciple Materials from your device(s);

    2. after a short grace period, we may delete any data you submitted or provided via the Services, except where the law says we must keep it.


  7. THIRD PARTY SERVICES AND PARTNERS


    17.1. Through the Services we may provide you with access to services, technology, content, and materials developed or operated by our partners ("Disciple Partners"). Through separate agreements with the Disciple Partners, we obtain the rights to use these services, technologies, content, and materials in connection with the Services.


    17.2. You may ask us to integrate a third party service or product ("Third Party Service") into your Community. We may charge additional Fees for this integration. If we integrate a Third Party Service into your Community, you give us permission to provide the Third Party Service provider access to your Content, data and information.


    17.3. Any use of the Third Party Service is at your own risk and may be subject to the Third Party Service provider's terms and conditions and privacy policy which you must (and must ensure that your End Users) understand and comply with.


    17.4. As we have no control over Third Party Services integrated at your request, we are not responsible to you, your End Users or any third party in relation to those Third Party Services. The integration or enabling of those Third Party Services within your Community or the availability of Third Party Services via the Services does not mean that we endorse, authorise or approve, those Third Party Services. You should seek professional advice before using or relying on any Third Party Service.


  8. SERVICE LEVELS, SUPPORT AND DOWNTIME


    18.1. We will provide the Services with reasonable care and skill and in a timely and professional manner. We always try to ensure that the Services work with the latest version of iOS and Android (though we may need some time to ensure the Services run smoothly after a new version of iOS or Android is released).


    18.2. We try to ensure the Services are available a minimum of 99.95% of the year, 24 hours a day, 7 days a week.


    18.3. We automatically monitor the Services for failures, faults, bugs, errors, malfunctions, viruses or Trojans, unauthorised systems access, functionality or process degradation ("Technical Incidents"). When we become aware of a Technical Incident, we will try to fix it as soon as reasonably possible.


    18.4. You may submit support requests by email to help@disciplemedia.com. We will respond to these support requests within six hours during 09:00 – 18:00 GMT. Outside these hours, we will respond within six hours from 09:00 GMT on the next operational day. We try to resolve support requests within three working days. Our response time may be slightly quicker or slower, depending on complexity.


    18.5. We may need to urgently suspend, restrict access to, or discontinue part or all of the Services during a malicious attack, emergency maintenance, or other serious problem (“Emergency Events”). Emergency Events may happen at any time, but we will try to notify you in advance wherever possible.


  9. PRIVACY


    19.1. You acknowledge that you are a data controller and we are a processor of your End Users' personal data ("End User Personal Data"). This section 19.1 is a data processing agreement. We will:

    1. only process End User Personal Data if necessary to provide the Services;

    2. process End User Personal Data only in line with your instructions and not for any other purpose, unless required by Privacy Law (in which case Disciple will inform Customer prior to such processing). Our processing of personal data is detailed below;

    Data subjects: 

    Employees, contractors and temporary workers of Customer;

    End Users:

    Categories of personal data:

    Basic personal information (name, address etc.)

    Contact information (email, phone number etc.)

    Location data (IP address)

    Photos 

    Device identification (IMEI-number, SIM card number, MAC address)

    Internet activity (browsing history, search history);

    App activity (page visits, use of services)

    Commercial Information (history of purchases, special offers, subscription information, payment history);

    Financial and insurance information (insurance number, bank account name and number, credit card name and number, invoice number, income, type of assurance, payment behaviour, creditworthiness);

    Authentication data (username, password or PIN code);


    1. immediately notify you if, in our opinion, your instructions to process End User Personal Data violate Privacy Law. However, we will not actively monitor your instructions for violations of Privacy Law;

    2. ensure that our employees, agents and sub processors permitted to process End User Personal Data keep it confidential;

    3. implement appropriate technical and organisational measures to safeguard End User Personal Data which meet the requirements of the GDPR (Article 32). You confirm that you have reviewed these measures that you are responsible for ensuring that they provide an appropriate level of protection for the risks to the End User Personal Data that will be processed (we may improve these measures from time to time);

    4. only appoint a third party subprocessor to process End User Personal Data if we: (i) enter into a written contract with the subprocessor on terms substantially similar to those in this section 19.1; (ii) inform you of the addition or replacement of any subprocessor by updating our List of Subprocessors (https://www.disciplemedia.com/processors-list/); and (iii) remain fully responsible for the performance of the subprocessor’s obligations where the subprocessor does not perform its data protection obligations;

    5. taking into account the nature of the processing, provide you with reasonable assistance by appropriate technical and organisational measures in responding to a request from a data subject to exercise the data subject’s right of access, right to rectification, restriction of processing, erasure, data portability, object to the processing or his or her rights and not to be subject to automated individual decision making. If permitted by law, you will be responsible for our costs in providing this assistance;

    6. notify you without undue delay after becoming aware of a personal data breach (as defined under the Privacy Law) and provide you with reasonable assistance in connection with your notification and communication obligations under the GDPR, taking into account the nature of the End User Personal Data processing and the information available to you. We will discuss responsibility for the cost of this assistance with you in a fair way. If permitted by law, you will be responsible for our costs of providing this assistance. You are responsible for any notification and communication obligations under the GDPR;

    7. provide you with reasonable assistance in connection with your GDPR obligations to carry out a data protection impact assessment (and, where required by Privacy Law, consulting with the relevant supervisory authority). We will discuss responsibility for the cost of this assistance with you in a fair way. If permitted by law, you will be responsible for our costs of providing this assistance; and

    8. provide you with all information necessary to show compliance with the obligations in this section 19 and allow for and contribute to audits or inspections by you or your appointed auditor with reasonable advance notice and during normal business hours. The auditor’s report must be provided to us if we ask for it. 


19.2. You confirm that you will:comply with (and make sure that anyone representing you, including any employees, complies with) all Privacy Law;

  1. display and maintain Community Terms on your Community which explain the basis on which you collect, process, and permit third party service providers (such as us and third party payment providers) to collect and process, personal data;

  2. comply with your obligations under your Community Terms at all times; and

  3. let your End Users know (within your Community Terms) that Disciple provides the Services.


19.3. We are not responsible for any claim from a data subject resulting directly from your instructions. You will compensate us for all claims (including from a competent data protection authority), damages, costs, expenses (including reasonable legal fees), and liabilities arising from or relating to any breach by you of this section 19.


  1. COMPLAINTS, DISAGREEMENTS, AND CLAIMS 


    20.1. You can complain or submit your opinion about the Services by contacting us at help@disciplemedia.com.


    20.2. The laws of England and Wales will apply to any disagreement or claim regarding these Terms and the courts in London, England will be the only courts allowed to resolve the disagreement or claim. If the courts in the country where you are resident will not apply the laws of England and Wales, then the laws that apply where you are resident will apply to these Terms and the courts in the country where you are resident will resolve the disagreement or claim.


  2. OTHER IMPORTANT LEGAL TERMS


    21.1. We can transfer or sub-license our rights and obligations under these Terms to any company, organisation, or person. You may not transfer or sub-license your rights or obligations under these Terms to any company, organisation, or person without our permission. We may transfer these Terms in relation to any re-organisation, sale, merger, or acquisition.


    21.2. If you fail to comply with these Terms and we take no action against you, or if we delay in doing so, that does not mean that we have given up our rights against you and (as long as we do so within the time periods stated in the law) we may still enforce our rights and remedies against you in relation to that failure to comply.


    21.3. We have agreed to these Terms as independent contractors only and nothing in these Terms creates a partnership, joint venture, contract of employment, or agency of any kind between us and you or any third party. Neither you nor we can make any commitments or agreements on the other's behalf.


    21.4. If any provision or part-provision of these Terms is or become invalid, illegal or unenforceable, it will be considered deleted from these Terms.


    21.5. These Terms and any rules or policies they refer to contain the entire agreement between us and you relating to your use of the Services and apply instead of any previous agreements, arrangements, undertakings or proposals between us and you relating to the use of the Services.


    21.6. No person other than you or us (including any employee, officer, agent, representative or subcontractor of you or us) has the right (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of these Terms without the written consent of both you and us.


  3. CONTACT AND COMPANY INFORMATION


    22.1. If you have any questions or comments about these Terms, please contact us at: help@disciplemedia.com. If we have to contact you, we will send an email to the address you provide to us when you create your account.

    22.2. Lobaso Limited is a company registered in England and Wales (company number 11650127) with registered offices at Office One, 1 Coldbath Square, Farringdon, London, EC1R 5HL.

Terms of Service


These Terms were last updated on 17 September 2024


  1. WELCOME


    1.1. We are Lobaso Limited ("we", "us" or "our"), a company registered in England and Wales that provides the Disciple platform, websites (at https://www.disciplemedia.com/ and https://www.disciple.community/), web applications, mobile applications, and related services (together, the "Services").


    1.2. These Terms of Service, together with the Community Rules (https://www.disciple.community/community-rules) (together, the “Terms") are a legal agreement between us and you (“you” or “your”) and apply to your use of the Services. Disciple is a service aimed at professional parties and as such, you are not considered as a consumer.  


    1.3. For information on how we process your personal data, please see our privacy policy (https://www.disciple.community/privacy-policy/).


    1.4. You must review these Terms before you use the Services. By ticking the box next to these Terms when prompted, you agree to these Terms. Please do not use the Services if you do not agree to these Terms.


  2. CHANGES


    2.1. We may occasionally make changes and improvements to the Services (like new features, compatibility improvements, and security upgrades) and these Terms, but we'll notify you of any significant changes in advance either by email or via a prominent notice in the Services. You can choose to stop using the Services at any time.


    2.2. Depending on the improvements, you may not be able to use the Services until you have accessed or downloaded the latest version of the Services and reviewed and accepted any new terms of use.


  3. WHAT IS DISCIPLE AND HOW DOES IT WORK?


    3.1. Through the Services, we provide you with products, applications, content, tools and features ("Disciple Materials") which allow you to design, build and manage your digital community platform (“Community”) on Web, iOS and Android. 


    3.2. You may also upload and post content via the Services (including to Communities) such as your name, biographic or business details, pictures, videos, reviews and comments ("Content").


    3.3. Each Community has its own set of terms and conditions ("Community Terms"). Should you join another user's Community, you must read and comply with the Community Terms that apply to that Community.


    3.4. We do not create or manage Communities, but provide you with the products, applications, tools and features to create them.


    3.5. We may include third party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute these components (“Open Source Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms will prevent or restrict you from obtaining these Open Source Components under the applicable third party licences or to limit your use of these Open Source Components under those licences.


  4. USING THE SERVICES


    4.1. Disciple empowers brands and creators to build independent communities of true value. We built the Services with the core value of passion in mind - passion for your community, your members’ wellbeing, your mutual personal interests, creativity and differences. We encourage you to use the Services by ensuring you're keeping it honest, what you contribute is quality, it is without bullying and harassment nor threats of violence.


    4.2. We may remove Content that doesn't comply with these Terms or our Community Rules. We may suspend or terminate your access to the Services if you don't comply with these Terms or our Community Rules.


  5. YOUR RESPONSIBILITIES


    5.1. In return for us providing the Services to you, you must comply with our Community Rules (https://www.disciple.community/community-rules) when using the Services (including any Community).


    5.2. Your Community and the people using it ("End Users") are your responsibility. You must ensure your Community and End Users comply with any laws or regulations that may apply. We are not responsible for your Community or End Users and we won’t provide you with any legal advice.


    5.3. Your Community is required to have Community Terms in place, and you must ensure that your End Users comply with our Community Rules. 


    5.4. We reserve the right to audit and monitor your Community, any account and all content at any time for compliance with these Terms, Community Terms, Community Guidelines and Community Rules, with or without notice. For the avoidance of doubt, this includes running various screening algorithms to detect potential breaches, such as (but not limited to) hate speech, pornographic content, toxic language and intellectual property infringement. You acknowledge and agree that we have the right to alter, edit or remove any content in whole or in part. 


    5.5. We may need to make reasonable changes to your Community Terms (for example, to comply with law or to fix a problem that is, in our reasonable opinion, seriously affecting the Services). You must implement these changes as soon as possible.


    5.6. You are responsible for ensuring that you comply with all laws that apply to your use of the Services, including laws and regulations relating to data privacy such as the General Data Protection Regulation (2016/679) (“GDPR”), Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("Privacy Law").


    5.7. You are responsible for the mobile or data roaming charges you incur when using the Services.


  6. PAID SERVICES, FEES, AND FREE SERVICES


    6.1. Some Disciple Materials are only accessible to paying users of the Services ("Paid Services"). The full details of our Paid Services and the fees payable ("Fees") are available on our website (https://www.disciple.community/pricing/). You must pay the Fees to access the Paid Services.


    6.2. Most of our Paid Services are available as subscriptions. Your subscription will automatically renew and we will automatically collect the Fees payable for your subscription at the start of each subscription period. If you have an annual subscription (meaning your subscription period is 12 months or longer), we will try to provide you with at least 30 days’ notice before your subscription renews. You may cancel your subscription or close your Account by following the process at section 16 below.


    6.3. Depending on the type of subscription you purchase, your Community may be subject to certain limitations and caps, such as total number of End Users that may access your Community, storage quotas or similar. You may pay additional Fees to increase these limitations and caps ("Bundles"). If your Community exceeds the limitations or caps applicable to your subscription, we will automatically charge the applicable Fees detailed on our pricing page (https://www.disciple.community/pricing/) for the cheapest available Bundle.


    6.4. Your access to the Paid Services will continue for as long as you pay the Fees or until our agreement with you is terminated.


    6.5. We may change the Fees, but these changes won't take effect during your current subscription period and we will let you know of any changes 30 days in advance (either via email or via a prominent notice in the Services) so that you have the chance to cancel your subscription if you do not wish to pay the new Fees. New Fees will not apply retroactively.


    6.6. New features and Disciple Materials will not automatically be included in existing subscriptions.


    6.7. We may occasionally offer time-limited access to certain Disciple Materials ("Trial Period"). Trial Periods may be subject to limitations such as reduced features, functionality, caps on the number of End Users that may access your Community, storage quotas, or similar restrictions. At the end of the Trial Period, you must upgrade to Paid Services to continue using the Services. If you choose not to upgrade, we may delete any data you submitted or provided during the Trial Period (except where the law requires us to keep it). If you create a Community during your Trial Period and want to continue managing your Community via the Services after the Trial Period ends, you must upgrade to the Paid Services and pay the applicable Fees.


    6.8. If your payment is declined or we receive a chargeback or other rejection, we may: (i) try to collect the Fees at a later time; (ii) suspend your Account until the Fees are paid. You may not be able to access the Paid Services until you pay any outstanding Fees.


  7. MONETISATION


    7.1. You may monetise your Community using the functionality offered via the Services, such as offering your End Users subscriptions that provide access to exclusive content or parts of your Community ("Monetisation"). Monetisation functionality is provided by our payment partner which is currently Stripe, Inc. ("Stripe"). We do not provide payment services, but may provide you with the Disciple Materials necessary to integrate Stripe's payment services into your Community. 


    7.2. To enable Monetisation, you must connect your Stripe account to your Disciple Account. If you don't have a Stripe account, you must set one up. When setting up your Stripe account, you must review and accept any Stripe terms and policies that apply. If you don't agree with the Stripe terms and policies that apply to you, you must not enable Monetisation. If you are unable to set up a Stripe account (for example, because you do not meet Stripe's eligibility criteria), you can't enable Monetisation. 


    7.3. If you enable Monetisation, we may charge a transaction fee that will be deducted from generated revenues. The fees that would apply to your subscription can be found on our pricing page (https://www.disciple.community/pricing/). Transaction Fees are additional to any fees charged by the payment processor.


    7.4.You are responsible for checking for and paying any taxes that may apply in relation to your Monetisation of your Community.


    7.5. We may suspend Monetisation of your Community if you don't comply with these Terms or our Community Rules.  


  8. COPYRIGHT AND INTELLECTUAL PROPERTY


    8.1. Intellectual property is the legal phrase used to describe what you create (for example, an original photograph or an original brand would be intellectual property). Copyright, trade marks, designs, and patents are all examples of intellectual property. In these Terms, "intellectual property rights" means all intellectual property rights of any kind which exist now or will exist in the future anywhere in the world, including: (i) copyrights; (ii) trade marks, corporate names, logos, designs, internet domain names; (iii) all rights relating to the protection of computer software (in both source code and object code form); (iv) all rights relating to the protection of business and trade secrets, know-how and confidential information; and (v) all rights to obtain renewals, or other extensions of legal protection in relation to these rights.


    8.2. A licence is a legal phrase that means a permission to do something that would otherwise not be legal or allowed. An assignment is a legal transfer from one person or organisation to another.


    8.3. Except for the User Rights you grant us in section 10.1 below, you (or any other person that has given you permission to upload your Content) own and will keep all intellectual property rights in your Content. 


    8.4. Except for the Disciple Licence we grant you in section 9.1 below, we (or the Disciple Partners) own and will keep all intellectual property rights in the Services, the Disciple Materials, and in each Community (except for the Content).


    8.5. Except for the Disciple Licence we grant you at section 9.1 below and the User Rights you grant us at section 10.1, no intellectual property rights are transferred or licensed in these Terms.


    8.6. As far as permitted by law, you give up and agree not to use against us any moral rights, rights of privacy, publicity, or similar rights under other laws in connection with your Content and any feedback or suggestions you send us, and you understand that we can use your Content, feedback, and suggestions to provide and improve the Services (for example, serving your Content to your End Users via your Community) without referring to you as the author and that we can adapt and amend your Content, feedback, and suggestions as necessary to provide and improve the Services (for example, resizing your images to ensure they fit in your Community).


    8.7. Anyone who owns or controls copyright may submit a take-down request to us in relation to content or materials they suspect infringes their copyright. As long as these take-down requests contain certain information, intellectual property law requires us to act quickly to disable access to the content that the take-down request identifies as infringing.


  9. RIGHTS WE GRANT TO YOU


    9.1. In return for you complying with these Terms and your payment of any Fees payable in relation to your use of the Services, we grant you a limited, non-exclusive, non-transferable licence to access the Services (including other users' Communities) and to use the Services and Disciple Materials to create, manage, and monetise your Community ("Disciple Licence").


    9.2. The Services and Disciple Materials are licensed (not sold) to you, meaning that we (or the Disciple Partners) continue to own all copies of the Services and Disciple Materials when running or installed on your device. The Disciple Licence stays in effect for as long as we provide the Services and you continue to pay any Fees that may apply.


    9.3. You may use the Disciple logo and brand to promote your Disciple Community. We may withdraw this permission at any time. You may only use the Disciple logo and brand for other purposes with our written permission.


  10. RIGHTS YOU GRANT TO US


    10.1. In return for us providing the Services, when you upload or post Content via the Services (including to a Community) you grant:


    10.1.1. to us, non-exclusive, royalty-free rights to access and process your Content solely for the following internal purposes:

    1. Providing and maintaining the Services;

    2. Conducting content reviews to ensure compliance with our Community Rules and applicable laws;

    3. Performing data analysis to improve and optimise our Services;

    4. Generating anonymised insights to enhance our product offerings.


    These rights are limited to internal use only. We will not publish, distribute, or commercially exploit your Content without your explicit prior consent. These rights persist only for as long as necessary to fulfil these purposes and terminate upon the deletion of your Content from our Services.


    10.1.2. to us, non-exclusive, royalty-free rights to: 

    1. Use your name, username, image, and likeness solely to identify you as the provider of your Content within the Services; 

    2. Analyse anonymized, aggregated data from your Community to operate and improve the Services, provide insights about your Community's performance, and offer general guidance on successful engagement strategies across Communities.


    We will not use your personal information for promotional purposes outside the Services without your explicit consent. We will not re-identify or disaggregate anonymized data. These rights persist only while you use our Services and terminate upon deletion of your account.


    10.1.3. to us, non-exclusive, royalty-free rights to use your Community name and public-facing app store details strictly for the purposes of operating the Services. We will seek your explicit consent before using these for any promotional activities outside of necessary app store listings.


    10.1.4. to End Users, non-exclusive rights to access, view, and share your Content via the Services, as permitted by the settings and features you choose for your Community.


    The rights granted in sections 10.1.1 - 10.1.4 above are together the "User Rights".


    10.2. In return for us providing the Free Services, when you upload or post Content using the Free Services you grant to us a non-exclusive, royalty-free, worldwide licence for as long as you use the Free Services to use your Community for the purposes of advertising and promoting the Services to your End Users (for example, via marketing banners within your Community).


    10.3. If you think we could improve the Services, please let us know via the feedback tool provided via the Services. If you provide any suggestions or feedback, you understand and agree that we can use your suggestions and feedback without paying or compensating you.


  1. YOUR ACCOUNT


    11.1. You must create an account (“Account”) to use the Services and set up a Community.


    11.2. You must be at least 18 (or the legal age of majority in the country where you are resident, if older) to create an Account and use the Services.


    11.3. Your Account is your responsibility. Please make sure you create a strong password, never share it with anyone, and keep your account details secure. If you think your Account has been compromised in any way, you must let us know as soon as possible by sending an email to: help@disciplemedia.com


    11.4. You must not sell or rent your Account, buy an Account from another user, or use someone else's details or identity to create an Account. If we reasonably believe you are not the rightful Account holder or Community owner (for example, if you have maliciously or fraudulently created a Community to impersonate another person or brand), we may transfer ownership of your Account or Community to the rightful owner.


    11.5. If we delete or suspend your Account because you did not comply with our Community Rules (https://www.disciple.community/community-rules), you must not create another Account without our permission.


  2. YOUR LEGAL RESPONSIBILITY


    12.2. You confirm that:


    1. you have the right to agree to these Terms and to comply with all of your obligations in these Terms;

    2. you will hold us harmless against any claims from your end-users

    3. if you are agreeing to these Terms on behalf of a company or organisation, you have the legal right to act on their behalf and enter into binding agreements on their behalf;

    4. you own or have the right to use the Content you upload;

    5. nothing you upload will interfere with the rights of anyone else; 

    6. you have obtained all necessary permissions or releases from anyone appearing in your Content;

    7. your Content doesn't and won't break any law or regulation that applies to you or your Content;

    8. you and your Content do and will comply with our Community Rules;

    9. you will not introduce any virus, worm, Trojan horse, adware, spyware or any other form of malicious content, code or software to the Services, Disciple Materials or any Community; and 

    10. the details you used when setting up your account are correct and you will update those details if they change.


    12.2. We may remove your Content or, where appropriate, suspend or stop your access to the Services if we reasonably believe that any of the confirmations you provide above aren't true.


  3. OUR LEGAL RESPONSIBILITY


    13.1. We confirm that we will provide the Services to you:


    1. in accordance with applicable laws;

    2. in a timely and professional manner; and

    3. using the reasonable skill and care of a competent service provider.


    13.2. We disclaim any warranty or representation that the Services will: (a) be uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components (but we will make commercially reasonable efforts to ensure that the Services do not contain any viruses or other harmful components).


    13.3. To the maximum extent permissible by law, we are not responsible for:


    1. losses, damage, costs or expenses not caused by our breach of these Terms;

    2. the actions or inactions of other users;

    3. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage (for example, loss of profits);

    4. any harm, loss or damage suffered by you or anyone else if the Services are interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, failure of or delays in third party communications networks, acts of terrorism, or power failure).


    13.4. We are also not responsible for any loss of profits, business, contracts, revenue, goodwill or reputation, or any loss or corruption of data, any inability to use the Disciple Services, any consequential, incidental, punitive or special loss or damage whatsoever, whether or not such loss or damage arises directly or indirectly and regardless of the form of action, whether in contract or tort including negligence or any other legal theory, and even if either party was aware of the possibility of such loss or damage;


    13.5. We do not review Content to check for accuracy or copyright infringement. Because we have no control over Content, you understand and agree that we are not responsible for any Content that appears on the Services (including on any Community), including its accuracy or availability.


    13.6. You understand and accept that your access to the Services depends on connectivity over communications networks and facilities that we don't control and that you may experience limitations, delays and other problems when using the Services because of your use of these networks and facilities. We are not responsible for any problems caused by your use of these networks and facilities.


    13.7. We can't promise that any of the Content uploaded or posted to a Community by other users will be owned or controlled by those users or that this Content will not infringe the rights of others. We can't promise that your use of the Services will be uninterrupted or error free, or that the information you get from the Services (including any Community) will be accurate, complete, current, or reliable. As long as we provide the Services with reasonable care and skill, we are not responsible for any loss or damage that you may experience as a result of any interruption or delay to your access to the Services.


  4. LIMITATION OF OUR RESPONSIBILITY


    14.1. Nothing in these Terms denies or limits responsibility for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other loss or damage which cannot be denied or limited under applicable law.


    14.2. You understand that we continually work to develop and improve the Services and may release features that are still in the ‘beta’, testing, or evaluation stage. Access to the Services is made available on an ‘as is’ basis and we are not responsible for the unavailability of the Services or any fault, defect or error;


    14.3. Our total liability in respect of any breaches or losses arising out of or in connection with these Terms is limited to the sum of all Fees paid by you in the preceding twelve (12) month period;


    14.4. We are not responsible for any infringement of intellectual property arising from your breach of these Terms or your use of the Services in conjunction with any applications, content or services provided by you or any third party; and


    14.5. We are not responsible for any disclosure, modification or deletion of Content, End User Personal Data, data or information, or for any corresponding losses or damages you may suffer, as a result of access by a third party service or a third party services provider to your Content, End User Personal Data, or your data.


  5. FINANCIAL COMPENSATION


    15.1. You must compensate us, keep us fully and effectively compensated, and hold us harmless, in relation to all liabilities, costs, expenses, damages and losses (including any professional or legal costs and expenses) suffered or incurred by us arising out of or in connection with any claims, actions, or proceedings, relating to your breach of these Terms or the Community Rules.


  6. CANCELLATION AND TERMINATION


    16.1. You may cancel your access to the Paid Services and close your Account at any time via the Services or by contacting us at help@disciplemedia.com. Your access to the Paid Services will continue until 23:59 on the final day of your subscription period. You must cancel your access to the Paid Services at least 30 days before the next renewal date to avoid automatic renewal.


    16.2. You may terminate these Terms or delete your Account at any time via the Services or by contacting us at help@disciplemedia.com.


    16.3. We may cancel, suspend, restrict, or disable your use of or access to parts or all of the Services:

    1. if you fail to comply with the Community Rules;

    2. if you fail to pay any applicable Fees payable; or

    3. if you materially breach any of these Terms.


    16.4. Unless they are terminated by you or us, these Terms apply for as long as we provide the Services to you.


    16.5. On cancellation of your subscription, deletion of your Account, or termination of these Terms:

    1. you must stop using the Services and delete and uninstall all copies of the Disciple Materials from your device(s);

    2. after a short grace period, we may delete any data you submitted or provided via the Services, except where the law says we must keep it.


  7. THIRD PARTY SERVICES AND PARTNERS


    17.1. Through the Services we may provide you with access to services, technology, content, and materials developed or operated by our partners ("Disciple Partners"). Through separate agreements with the Disciple Partners, we obtain the rights to use these services, technologies, content, and materials in connection with the Services.


    17.2. You may ask us to integrate a third party service or product ("Third Party Service") into your Community. We may charge additional Fees for this integration. If we integrate a Third Party Service into your Community, you give us permission to provide the Third Party Service provider access to your Content, data and information.


    17.3. Any use of the Third Party Service is at your own risk and may be subject to the Third Party Service provider's terms and conditions and privacy policy which you must (and must ensure that your End Users) understand and comply with.


    17.4. As we have no control over Third Party Services integrated at your request, we are not responsible to you, your End Users or any third party in relation to those Third Party Services. The integration or enabling of those Third Party Services within your Community or the availability of Third Party Services via the Services does not mean that we endorse, authorise or approve, those Third Party Services. You should seek professional advice before using or relying on any Third Party Service.


  8. SERVICE LEVELS, SUPPORT AND DOWNTIME


    18.1. We will provide the Services with reasonable care and skill and in a timely and professional manner. We always try to ensure that the Services work with the latest version of iOS and Android (though we may need some time to ensure the Services run smoothly after a new version of iOS or Android is released).


    18.2. We try to ensure the Services are available a minimum of 99.95% of the year, 24 hours a day, 7 days a week.


    18.3. We automatically monitor the Services for failures, faults, bugs, errors, malfunctions, viruses or Trojans, unauthorised systems access, functionality or process degradation ("Technical Incidents"). When we become aware of a Technical Incident, we will try to fix it as soon as reasonably possible.


    18.4. You may submit support requests by email to help@disciplemedia.com. We will respond to these support requests within six hours during 09:00 – 18:00 GMT. Outside these hours, we will respond within six hours from 09:00 GMT on the next operational day. We try to resolve support requests within three working days. Our response time may be slightly quicker or slower, depending on complexity.


    18.5. We may need to urgently suspend, restrict access to, or discontinue part or all of the Services during a malicious attack, emergency maintenance, or other serious problem (“Emergency Events”). Emergency Events may happen at any time, but we will try to notify you in advance wherever possible.


  9. PRIVACY


    19.1. You acknowledge that you are a data controller and we are a processor of your End Users' personal data ("End User Personal Data"). This section 19.1 is a data processing agreement. We will:

    1. only process End User Personal Data if necessary to provide the Services;

    2. process End User Personal Data only in line with your instructions and not for any other purpose, unless required by Privacy Law (in which case Disciple will inform Customer prior to such processing). Our processing of personal data is detailed below;

    Data subjects: 

    Employees, contractors and temporary workers of Customer;

    End Users:

    Categories of personal data:

    Basic personal information (name, address etc.)

    Contact information (email, phone number etc.)

    Location data (IP address)

    Photos 

    Device identification (IMEI-number, SIM card number, MAC address)

    Internet activity (browsing history, search history);

    App activity (page visits, use of services)

    Commercial Information (history of purchases, special offers, subscription information, payment history);

    Financial and insurance information (insurance number, bank account name and number, credit card name and number, invoice number, income, type of assurance, payment behaviour, creditworthiness);

    Authentication data (username, password or PIN code);


    1. immediately notify you if, in our opinion, your instructions to process End User Personal Data violate Privacy Law. However, we will not actively monitor your instructions for violations of Privacy Law;

    2. ensure that our employees, agents and sub processors permitted to process End User Personal Data keep it confidential;

    3. implement appropriate technical and organisational measures to safeguard End User Personal Data which meet the requirements of the GDPR (Article 32). You confirm that you have reviewed these measures that you are responsible for ensuring that they provide an appropriate level of protection for the risks to the End User Personal Data that will be processed (we may improve these measures from time to time);

    4. only appoint a third party subprocessor to process End User Personal Data if we: (i) enter into a written contract with the subprocessor on terms substantially similar to those in this section 19.1; (ii) inform you of the addition or replacement of any subprocessor by updating our List of Subprocessors (https://www.disciplemedia.com/processors-list/); and (iii) remain fully responsible for the performance of the subprocessor’s obligations where the subprocessor does not perform its data protection obligations;

    5. taking into account the nature of the processing, provide you with reasonable assistance by appropriate technical and organisational measures in responding to a request from a data subject to exercise the data subject’s right of access, right to rectification, restriction of processing, erasure, data portability, object to the processing or his or her rights and not to be subject to automated individual decision making. If permitted by law, you will be responsible for our costs in providing this assistance;

    6. notify you without undue delay after becoming aware of a personal data breach (as defined under the Privacy Law) and provide you with reasonable assistance in connection with your notification and communication obligations under the GDPR, taking into account the nature of the End User Personal Data processing and the information available to you. We will discuss responsibility for the cost of this assistance with you in a fair way. If permitted by law, you will be responsible for our costs of providing this assistance. You are responsible for any notification and communication obligations under the GDPR;

    7. provide you with reasonable assistance in connection with your GDPR obligations to carry out a data protection impact assessment (and, where required by Privacy Law, consulting with the relevant supervisory authority). We will discuss responsibility for the cost of this assistance with you in a fair way. If permitted by law, you will be responsible for our costs of providing this assistance; and

    8. provide you with all information necessary to show compliance with the obligations in this section 19 and allow for and contribute to audits or inspections by you or your appointed auditor with reasonable advance notice and during normal business hours. The auditor’s report must be provided to us if we ask for it. 


19.2. You confirm that you will:comply with (and make sure that anyone representing you, including any employees, complies with) all Privacy Law;

  1. display and maintain Community Terms on your Community which explain the basis on which you collect, process, and permit third party service providers (such as us and third party payment providers) to collect and process, personal data;

  2. comply with your obligations under your Community Terms at all times; and

  3. let your End Users know (within your Community Terms) that Disciple provides the Services.


19.3. We are not responsible for any claim from a data subject resulting directly from your instructions. You will compensate us for all claims (including from a competent data protection authority), damages, costs, expenses (including reasonable legal fees), and liabilities arising from or relating to any breach by you of this section 19.


  1. COMPLAINTS, DISAGREEMENTS, AND CLAIMS 


    20.1. You can complain or submit your opinion about the Services by contacting us at help@disciplemedia.com.


    20.2. The laws of England and Wales will apply to any disagreement or claim regarding these Terms and the courts in London, England will be the only courts allowed to resolve the disagreement or claim. If the courts in the country where you are resident will not apply the laws of England and Wales, then the laws that apply where you are resident will apply to these Terms and the courts in the country where you are resident will resolve the disagreement or claim.


  2. OTHER IMPORTANT LEGAL TERMS


    21.1. We can transfer or sub-license our rights and obligations under these Terms to any company, organisation, or person. You may not transfer or sub-license your rights or obligations under these Terms to any company, organisation, or person without our permission. We may transfer these Terms in relation to any re-organisation, sale, merger, or acquisition.


    21.2. If you fail to comply with these Terms and we take no action against you, or if we delay in doing so, that does not mean that we have given up our rights against you and (as long as we do so within the time periods stated in the law) we may still enforce our rights and remedies against you in relation to that failure to comply.


    21.3. We have agreed to these Terms as independent contractors only and nothing in these Terms creates a partnership, joint venture, contract of employment, or agency of any kind between us and you or any third party. Neither you nor we can make any commitments or agreements on the other's behalf.


    21.4. If any provision or part-provision of these Terms is or become invalid, illegal or unenforceable, it will be considered deleted from these Terms.


    21.5. These Terms and any rules or policies they refer to contain the entire agreement between us and you relating to your use of the Services and apply instead of any previous agreements, arrangements, undertakings or proposals between us and you relating to the use of the Services.


    21.6. No person other than you or us (including any employee, officer, agent, representative or subcontractor of you or us) has the right (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of these Terms without the written consent of both you and us.


  3. CONTACT AND COMPANY INFORMATION


    22.1. If you have any questions or comments about these Terms, please contact us at: help@disciplemedia.com. If we have to contact you, we will send an email to the address you provide to us when you create your account.

    22.2. Lobaso Limited is a company registered in England and Wales (company number 11650127) with registered offices at Office One, 1 Coldbath Square, Farringdon, London, EC1R 5HL.

Terms of Service


These Terms were last updated on 17 September 2024


  1. WELCOME


    1.1. We are Lobaso Limited ("we", "us" or "our"), a company registered in England and Wales that provides the Disciple platform, websites (at https://www.disciplemedia.com/ and https://www.disciple.community/), web applications, mobile applications, and related services (together, the "Services").


    1.2. These Terms of Service, together with the Community Rules (https://www.disciple.community/community-rules) (together, the “Terms") are a legal agreement between us and you (“you” or “your”) and apply to your use of the Services. Disciple is a service aimed at professional parties and as such, you are not considered as a consumer.  


    1.3. For information on how we process your personal data, please see our privacy policy (https://www.disciple.community/privacy-policy/).


    1.4. You must review these Terms before you use the Services. By ticking the box next to these Terms when prompted, you agree to these Terms. Please do not use the Services if you do not agree to these Terms.


  2. CHANGES


    2.1. We may occasionally make changes and improvements to the Services (like new features, compatibility improvements, and security upgrades) and these Terms, but we'll notify you of any significant changes in advance either by email or via a prominent notice in the Services. You can choose to stop using the Services at any time.


    2.2. Depending on the improvements, you may not be able to use the Services until you have accessed or downloaded the latest version of the Services and reviewed and accepted any new terms of use.


  3. WHAT IS DISCIPLE AND HOW DOES IT WORK?


    3.1. Through the Services, we provide you with products, applications, content, tools and features ("Disciple Materials") which allow you to design, build and manage your digital community platform (“Community”) on Web, iOS and Android. 


    3.2. You may also upload and post content via the Services (including to Communities) such as your name, biographic or business details, pictures, videos, reviews and comments ("Content").


    3.3. Each Community has its own set of terms and conditions ("Community Terms"). Should you join another user's Community, you must read and comply with the Community Terms that apply to that Community.


    3.4. We do not create or manage Communities, but provide you with the products, applications, tools and features to create them.


    3.5. We may include third party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute these components (“Open Source Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms will prevent or restrict you from obtaining these Open Source Components under the applicable third party licences or to limit your use of these Open Source Components under those licences.


  4. USING THE SERVICES


    4.1. Disciple empowers brands and creators to build independent communities of true value. We built the Services with the core value of passion in mind - passion for your community, your members’ wellbeing, your mutual personal interests, creativity and differences. We encourage you to use the Services by ensuring you're keeping it honest, what you contribute is quality, it is without bullying and harassment nor threats of violence.


    4.2. We may remove Content that doesn't comply with these Terms or our Community Rules. We may suspend or terminate your access to the Services if you don't comply with these Terms or our Community Rules.


  5. YOUR RESPONSIBILITIES


    5.1. In return for us providing the Services to you, you must comply with our Community Rules (https://www.disciple.community/community-rules) when using the Services (including any Community).


    5.2. Your Community and the people using it ("End Users") are your responsibility. You must ensure your Community and End Users comply with any laws or regulations that may apply. We are not responsible for your Community or End Users and we won’t provide you with any legal advice.


    5.3. Your Community is required to have Community Terms in place, and you must ensure that your End Users comply with our Community Rules. 


    5.4. We reserve the right to audit and monitor your Community, any account and all content at any time for compliance with these Terms, Community Terms, Community Guidelines and Community Rules, with or without notice. For the avoidance of doubt, this includes running various screening algorithms to detect potential breaches, such as (but not limited to) hate speech, pornographic content, toxic language and intellectual property infringement. You acknowledge and agree that we have the right to alter, edit or remove any content in whole or in part. 


    5.5. We may need to make reasonable changes to your Community Terms (for example, to comply with law or to fix a problem that is, in our reasonable opinion, seriously affecting the Services). You must implement these changes as soon as possible.


    5.6. You are responsible for ensuring that you comply with all laws that apply to your use of the Services, including laws and regulations relating to data privacy such as the General Data Protection Regulation (2016/679) (“GDPR”), Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("Privacy Law").


    5.7. You are responsible for the mobile or data roaming charges you incur when using the Services.


  6. PAID SERVICES, FEES, AND FREE SERVICES


    6.1. Some Disciple Materials are only accessible to paying users of the Services ("Paid Services"). The full details of our Paid Services and the fees payable ("Fees") are available on our website (https://www.disciple.community/pricing/). You must pay the Fees to access the Paid Services.


    6.2. Most of our Paid Services are available as subscriptions. Your subscription will automatically renew and we will automatically collect the Fees payable for your subscription at the start of each subscription period. If you have an annual subscription (meaning your subscription period is 12 months or longer), we will try to provide you with at least 30 days’ notice before your subscription renews. You may cancel your subscription or close your Account by following the process at section 16 below.


    6.3. Depending on the type of subscription you purchase, your Community may be subject to certain limitations and caps, such as total number of End Users that may access your Community, storage quotas or similar. You may pay additional Fees to increase these limitations and caps ("Bundles"). If your Community exceeds the limitations or caps applicable to your subscription, we will automatically charge the applicable Fees detailed on our pricing page (https://www.disciple.community/pricing/) for the cheapest available Bundle.


    6.4. Your access to the Paid Services will continue for as long as you pay the Fees or until our agreement with you is terminated.


    6.5. We may change the Fees, but these changes won't take effect during your current subscription period and we will let you know of any changes 30 days in advance (either via email or via a prominent notice in the Services) so that you have the chance to cancel your subscription if you do not wish to pay the new Fees. New Fees will not apply retroactively.


    6.6. New features and Disciple Materials will not automatically be included in existing subscriptions.


    6.7. We may occasionally offer time-limited access to certain Disciple Materials ("Trial Period"). Trial Periods may be subject to limitations such as reduced features, functionality, caps on the number of End Users that may access your Community, storage quotas, or similar restrictions. At the end of the Trial Period, you must upgrade to Paid Services to continue using the Services. If you choose not to upgrade, we may delete any data you submitted or provided during the Trial Period (except where the law requires us to keep it). If you create a Community during your Trial Period and want to continue managing your Community via the Services after the Trial Period ends, you must upgrade to the Paid Services and pay the applicable Fees.


    6.8. If your payment is declined or we receive a chargeback or other rejection, we may: (i) try to collect the Fees at a later time; (ii) suspend your Account until the Fees are paid. You may not be able to access the Paid Services until you pay any outstanding Fees.


  7. MONETISATION


    7.1. You may monetise your Community using the functionality offered via the Services, such as offering your End Users subscriptions that provide access to exclusive content or parts of your Community ("Monetisation"). Monetisation functionality is provided by our payment partner which is currently Stripe, Inc. ("Stripe"). We do not provide payment services, but may provide you with the Disciple Materials necessary to integrate Stripe's payment services into your Community. 


    7.2. To enable Monetisation, you must connect your Stripe account to your Disciple Account. If you don't have a Stripe account, you must set one up. When setting up your Stripe account, you must review and accept any Stripe terms and policies that apply. If you don't agree with the Stripe terms and policies that apply to you, you must not enable Monetisation. If you are unable to set up a Stripe account (for example, because you do not meet Stripe's eligibility criteria), you can't enable Monetisation. 


    7.3. If you enable Monetisation, we may charge a transaction fee that will be deducted from generated revenues. The fees that would apply to your subscription can be found on our pricing page (https://www.disciple.community/pricing/). Transaction Fees are additional to any fees charged by the payment processor.


    7.4.You are responsible for checking for and paying any taxes that may apply in relation to your Monetisation of your Community.


    7.5. We may suspend Monetisation of your Community if you don't comply with these Terms or our Community Rules.  


  8. COPYRIGHT AND INTELLECTUAL PROPERTY


    8.1. Intellectual property is the legal phrase used to describe what you create (for example, an original photograph or an original brand would be intellectual property). Copyright, trade marks, designs, and patents are all examples of intellectual property. In these Terms, "intellectual property rights" means all intellectual property rights of any kind which exist now or will exist in the future anywhere in the world, including: (i) copyrights; (ii) trade marks, corporate names, logos, designs, internet domain names; (iii) all rights relating to the protection of computer software (in both source code and object code form); (iv) all rights relating to the protection of business and trade secrets, know-how and confidential information; and (v) all rights to obtain renewals, or other extensions of legal protection in relation to these rights.


    8.2. A licence is a legal phrase that means a permission to do something that would otherwise not be legal or allowed. An assignment is a legal transfer from one person or organisation to another.


    8.3. Except for the User Rights you grant us in section 10.1 below, you (or any other person that has given you permission to upload your Content) own and will keep all intellectual property rights in your Content. 


    8.4. Except for the Disciple Licence we grant you in section 9.1 below, we (or the Disciple Partners) own and will keep all intellectual property rights in the Services, the Disciple Materials, and in each Community (except for the Content).


    8.5. Except for the Disciple Licence we grant you at section 9.1 below and the User Rights you grant us at section 10.1, no intellectual property rights are transferred or licensed in these Terms.


    8.6. As far as permitted by law, you give up and agree not to use against us any moral rights, rights of privacy, publicity, or similar rights under other laws in connection with your Content and any feedback or suggestions you send us, and you understand that we can use your Content, feedback, and suggestions to provide and improve the Services (for example, serving your Content to your End Users via your Community) without referring to you as the author and that we can adapt and amend your Content, feedback, and suggestions as necessary to provide and improve the Services (for example, resizing your images to ensure they fit in your Community).


    8.7. Anyone who owns or controls copyright may submit a take-down request to us in relation to content or materials they suspect infringes their copyright. As long as these take-down requests contain certain information, intellectual property law requires us to act quickly to disable access to the content that the take-down request identifies as infringing.


  9. RIGHTS WE GRANT TO YOU


    9.1. In return for you complying with these Terms and your payment of any Fees payable in relation to your use of the Services, we grant you a limited, non-exclusive, non-transferable licence to access the Services (including other users' Communities) and to use the Services and Disciple Materials to create, manage, and monetise your Community ("Disciple Licence").


    9.2. The Services and Disciple Materials are licensed (not sold) to you, meaning that we (or the Disciple Partners) continue to own all copies of the Services and Disciple Materials when running or installed on your device. The Disciple Licence stays in effect for as long as we provide the Services and you continue to pay any Fees that may apply.


    9.3. You may use the Disciple logo and brand to promote your Disciple Community. We may withdraw this permission at any time. You may only use the Disciple logo and brand for other purposes with our written permission.


  10. RIGHTS YOU GRANT TO US


    10.1. In return for us providing the Services, when you upload or post Content via the Services (including to a Community) you grant:


    10.1.1. to us, non-exclusive, royalty-free rights to access and process your Content solely for the following internal purposes:

    1. Providing and maintaining the Services;

    2. Conducting content reviews to ensure compliance with our Community Rules and applicable laws;

    3. Performing data analysis to improve and optimise our Services;

    4. Generating anonymised insights to enhance our product offerings.


    These rights are limited to internal use only. We will not publish, distribute, or commercially exploit your Content without your explicit prior consent. These rights persist only for as long as necessary to fulfil these purposes and terminate upon the deletion of your Content from our Services.


    10.1.2. to us, non-exclusive, royalty-free rights to: 

    1. Use your name, username, image, and likeness solely to identify you as the provider of your Content within the Services; 

    2. Analyse anonymized, aggregated data from your Community to operate and improve the Services, provide insights about your Community's performance, and offer general guidance on successful engagement strategies across Communities.


    We will not use your personal information for promotional purposes outside the Services without your explicit consent. We will not re-identify or disaggregate anonymized data. These rights persist only while you use our Services and terminate upon deletion of your account.


    10.1.3. to us, non-exclusive, royalty-free rights to use your Community name and public-facing app store details strictly for the purposes of operating the Services. We will seek your explicit consent before using these for any promotional activities outside of necessary app store listings.


    10.1.4. to End Users, non-exclusive rights to access, view, and share your Content via the Services, as permitted by the settings and features you choose for your Community.


    The rights granted in sections 10.1.1 - 10.1.4 above are together the "User Rights".


    10.2. In return for us providing the Free Services, when you upload or post Content using the Free Services you grant to us a non-exclusive, royalty-free, worldwide licence for as long as you use the Free Services to use your Community for the purposes of advertising and promoting the Services to your End Users (for example, via marketing banners within your Community).


    10.3. If you think we could improve the Services, please let us know via the feedback tool provided via the Services. If you provide any suggestions or feedback, you understand and agree that we can use your suggestions and feedback without paying or compensating you.


  1. YOUR ACCOUNT


    11.1. You must create an account (“Account”) to use the Services and set up a Community.


    11.2. You must be at least 18 (or the legal age of majority in the country where you are resident, if older) to create an Account and use the Services.


    11.3. Your Account is your responsibility. Please make sure you create a strong password, never share it with anyone, and keep your account details secure. If you think your Account has been compromised in any way, you must let us know as soon as possible by sending an email to: help@disciplemedia.com


    11.4. You must not sell or rent your Account, buy an Account from another user, or use someone else's details or identity to create an Account. If we reasonably believe you are not the rightful Account holder or Community owner (for example, if you have maliciously or fraudulently created a Community to impersonate another person or brand), we may transfer ownership of your Account or Community to the rightful owner.


    11.5. If we delete or suspend your Account because you did not comply with our Community Rules (https://www.disciple.community/community-rules), you must not create another Account without our permission.


  2. YOUR LEGAL RESPONSIBILITY


    12.2. You confirm that:


    1. you have the right to agree to these Terms and to comply with all of your obligations in these Terms;

    2. you will hold us harmless against any claims from your end-users

    3. if you are agreeing to these Terms on behalf of a company or organisation, you have the legal right to act on their behalf and enter into binding agreements on their behalf;

    4. you own or have the right to use the Content you upload;

    5. nothing you upload will interfere with the rights of anyone else; 

    6. you have obtained all necessary permissions or releases from anyone appearing in your Content;

    7. your Content doesn't and won't break any law or regulation that applies to you or your Content;

    8. you and your Content do and will comply with our Community Rules;

    9. you will not introduce any virus, worm, Trojan horse, adware, spyware or any other form of malicious content, code or software to the Services, Disciple Materials or any Community; and 

    10. the details you used when setting up your account are correct and you will update those details if they change.


    12.2. We may remove your Content or, where appropriate, suspend or stop your access to the Services if we reasonably believe that any of the confirmations you provide above aren't true.


  3. OUR LEGAL RESPONSIBILITY


    13.1. We confirm that we will provide the Services to you:


    1. in accordance with applicable laws;

    2. in a timely and professional manner; and

    3. using the reasonable skill and care of a competent service provider.


    13.2. We disclaim any warranty or representation that the Services will: (a) be uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components (but we will make commercially reasonable efforts to ensure that the Services do not contain any viruses or other harmful components).


    13.3. To the maximum extent permissible by law, we are not responsible for:


    1. losses, damage, costs or expenses not caused by our breach of these Terms;

    2. the actions or inactions of other users;

    3. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage (for example, loss of profits);

    4. any harm, loss or damage suffered by you or anyone else if the Services are interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, failure of or delays in third party communications networks, acts of terrorism, or power failure).


    13.4. We are also not responsible for any loss of profits, business, contracts, revenue, goodwill or reputation, or any loss or corruption of data, any inability to use the Disciple Services, any consequential, incidental, punitive or special loss or damage whatsoever, whether or not such loss or damage arises directly or indirectly and regardless of the form of action, whether in contract or tort including negligence or any other legal theory, and even if either party was aware of the possibility of such loss or damage;


    13.5. We do not review Content to check for accuracy or copyright infringement. Because we have no control over Content, you understand and agree that we are not responsible for any Content that appears on the Services (including on any Community), including its accuracy or availability.


    13.6. You understand and accept that your access to the Services depends on connectivity over communications networks and facilities that we don't control and that you may experience limitations, delays and other problems when using the Services because of your use of these networks and facilities. We are not responsible for any problems caused by your use of these networks and facilities.


    13.7. We can't promise that any of the Content uploaded or posted to a Community by other users will be owned or controlled by those users or that this Content will not infringe the rights of others. We can't promise that your use of the Services will be uninterrupted or error free, or that the information you get from the Services (including any Community) will be accurate, complete, current, or reliable. As long as we provide the Services with reasonable care and skill, we are not responsible for any loss or damage that you may experience as a result of any interruption or delay to your access to the Services.


  4. LIMITATION OF OUR RESPONSIBILITY


    14.1. Nothing in these Terms denies or limits responsibility for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other loss or damage which cannot be denied or limited under applicable law.


    14.2. You understand that we continually work to develop and improve the Services and may release features that are still in the ‘beta’, testing, or evaluation stage. Access to the Services is made available on an ‘as is’ basis and we are not responsible for the unavailability of the Services or any fault, defect or error;


    14.3. Our total liability in respect of any breaches or losses arising out of or in connection with these Terms is limited to the sum of all Fees paid by you in the preceding twelve (12) month period;


    14.4. We are not responsible for any infringement of intellectual property arising from your breach of these Terms or your use of the Services in conjunction with any applications, content or services provided by you or any third party; and


    14.5. We are not responsible for any disclosure, modification or deletion of Content, End User Personal Data, data or information, or for any corresponding losses or damages you may suffer, as a result of access by a third party service or a third party services provider to your Content, End User Personal Data, or your data.


  5. FINANCIAL COMPENSATION


    15.1. You must compensate us, keep us fully and effectively compensated, and hold us harmless, in relation to all liabilities, costs, expenses, damages and losses (including any professional or legal costs and expenses) suffered or incurred by us arising out of or in connection with any claims, actions, or proceedings, relating to your breach of these Terms or the Community Rules.


  6. CANCELLATION AND TERMINATION


    16.1. You may cancel your access to the Paid Services and close your Account at any time via the Services or by contacting us at help@disciplemedia.com. Your access to the Paid Services will continue until 23:59 on the final day of your subscription period. You must cancel your access to the Paid Services at least 30 days before the next renewal date to avoid automatic renewal.


    16.2. You may terminate these Terms or delete your Account at any time via the Services or by contacting us at help@disciplemedia.com.


    16.3. We may cancel, suspend, restrict, or disable your use of or access to parts or all of the Services:

    1. if you fail to comply with the Community Rules;

    2. if you fail to pay any applicable Fees payable; or

    3. if you materially breach any of these Terms.


    16.4. Unless they are terminated by you or us, these Terms apply for as long as we provide the Services to you.


    16.5. On cancellation of your subscription, deletion of your Account, or termination of these Terms:

    1. you must stop using the Services and delete and uninstall all copies of the Disciple Materials from your device(s);

    2. after a short grace period, we may delete any data you submitted or provided via the Services, except where the law says we must keep it.


  7. THIRD PARTY SERVICES AND PARTNERS


    17.1. Through the Services we may provide you with access to services, technology, content, and materials developed or operated by our partners ("Disciple Partners"). Through separate agreements with the Disciple Partners, we obtain the rights to use these services, technologies, content, and materials in connection with the Services.


    17.2. You may ask us to integrate a third party service or product ("Third Party Service") into your Community. We may charge additional Fees for this integration. If we integrate a Third Party Service into your Community, you give us permission to provide the Third Party Service provider access to your Content, data and information.


    17.3. Any use of the Third Party Service is at your own risk and may be subject to the Third Party Service provider's terms and conditions and privacy policy which you must (and must ensure that your End Users) understand and comply with.


    17.4. As we have no control over Third Party Services integrated at your request, we are not responsible to you, your End Users or any third party in relation to those Third Party Services. The integration or enabling of those Third Party Services within your Community or the availability of Third Party Services via the Services does not mean that we endorse, authorise or approve, those Third Party Services. You should seek professional advice before using or relying on any Third Party Service.


  8. SERVICE LEVELS, SUPPORT AND DOWNTIME


    18.1. We will provide the Services with reasonable care and skill and in a timely and professional manner. We always try to ensure that the Services work with the latest version of iOS and Android (though we may need some time to ensure the Services run smoothly after a new version of iOS or Android is released).


    18.2. We try to ensure the Services are available a minimum of 99.95% of the year, 24 hours a day, 7 days a week.


    18.3. We automatically monitor the Services for failures, faults, bugs, errors, malfunctions, viruses or Trojans, unauthorised systems access, functionality or process degradation ("Technical Incidents"). When we become aware of a Technical Incident, we will try to fix it as soon as reasonably possible.


    18.4. You may submit support requests by email to help@disciplemedia.com. We will respond to these support requests within six hours during 09:00 – 18:00 GMT. Outside these hours, we will respond within six hours from 09:00 GMT on the next operational day. We try to resolve support requests within three working days. Our response time may be slightly quicker or slower, depending on complexity.


    18.5. We may need to urgently suspend, restrict access to, or discontinue part or all of the Services during a malicious attack, emergency maintenance, or other serious problem (“Emergency Events”). Emergency Events may happen at any time, but we will try to notify you in advance wherever possible.


  9. PRIVACY


    19.1. You acknowledge that you are a data controller and we are a processor of your End Users' personal data ("End User Personal Data"). This section 19.1 is a data processing agreement. We will:

    1. only process End User Personal Data if necessary to provide the Services;

    2. process End User Personal Data only in line with your instructions and not for any other purpose, unless required by Privacy Law (in which case Disciple will inform Customer prior to such processing). Our processing of personal data is detailed below;

    Data subjects: 

    Employees, contractors and temporary workers of Customer;

    End Users:

    Categories of personal data:

    Basic personal information (name, address etc.)

    Contact information (email, phone number etc.)

    Location data (IP address)

    Photos 

    Device identification (IMEI-number, SIM card number, MAC address)

    Internet activity (browsing history, search history);

    App activity (page visits, use of services)

    Commercial Information (history of purchases, special offers, subscription information, payment history);

    Financial and insurance information (insurance number, bank account name and number, credit card name and number, invoice number, income, type of assurance, payment behaviour, creditworthiness);

    Authentication data (username, password or PIN code);


    1. immediately notify you if, in our opinion, your instructions to process End User Personal Data violate Privacy Law. However, we will not actively monitor your instructions for violations of Privacy Law;

    2. ensure that our employees, agents and sub processors permitted to process End User Personal Data keep it confidential;

    3. implement appropriate technical and organisational measures to safeguard End User Personal Data which meet the requirements of the GDPR (Article 32). You confirm that you have reviewed these measures that you are responsible for ensuring that they provide an appropriate level of protection for the risks to the End User Personal Data that will be processed (we may improve these measures from time to time);

    4. only appoint a third party subprocessor to process End User Personal Data if we: (i) enter into a written contract with the subprocessor on terms substantially similar to those in this section 19.1; (ii) inform you of the addition or replacement of any subprocessor by updating our List of Subprocessors (https://www.disciplemedia.com/processors-list/); and (iii) remain fully responsible for the performance of the subprocessor’s obligations where the subprocessor does not perform its data protection obligations;

    5. taking into account the nature of the processing, provide you with reasonable assistance by appropriate technical and organisational measures in responding to a request from a data subject to exercise the data subject’s right of access, right to rectification, restriction of processing, erasure, data portability, object to the processing or his or her rights and not to be subject to automated individual decision making. If permitted by law, you will be responsible for our costs in providing this assistance;

    6. notify you without undue delay after becoming aware of a personal data breach (as defined under the Privacy Law) and provide you with reasonable assistance in connection with your notification and communication obligations under the GDPR, taking into account the nature of the End User Personal Data processing and the information available to you. We will discuss responsibility for the cost of this assistance with you in a fair way. If permitted by law, you will be responsible for our costs of providing this assistance. You are responsible for any notification and communication obligations under the GDPR;

    7. provide you with reasonable assistance in connection with your GDPR obligations to carry out a data protection impact assessment (and, where required by Privacy Law, consulting with the relevant supervisory authority). We will discuss responsibility for the cost of this assistance with you in a fair way. If permitted by law, you will be responsible for our costs of providing this assistance; and

    8. provide you with all information necessary to show compliance with the obligations in this section 19 and allow for and contribute to audits or inspections by you or your appointed auditor with reasonable advance notice and during normal business hours. The auditor’s report must be provided to us if we ask for it. 


19.2. You confirm that you will:comply with (and make sure that anyone representing you, including any employees, complies with) all Privacy Law;

  1. display and maintain Community Terms on your Community which explain the basis on which you collect, process, and permit third party service providers (such as us and third party payment providers) to collect and process, personal data;

  2. comply with your obligations under your Community Terms at all times; and

  3. let your End Users know (within your Community Terms) that Disciple provides the Services.


19.3. We are not responsible for any claim from a data subject resulting directly from your instructions. You will compensate us for all claims (including from a competent data protection authority), damages, costs, expenses (including reasonable legal fees), and liabilities arising from or relating to any breach by you of this section 19.


  1. COMPLAINTS, DISAGREEMENTS, AND CLAIMS 


    20.1. You can complain or submit your opinion about the Services by contacting us at help@disciplemedia.com.


    20.2. The laws of England and Wales will apply to any disagreement or claim regarding these Terms and the courts in London, England will be the only courts allowed to resolve the disagreement or claim. If the courts in the country where you are resident will not apply the laws of England and Wales, then the laws that apply where you are resident will apply to these Terms and the courts in the country where you are resident will resolve the disagreement or claim.


  2. OTHER IMPORTANT LEGAL TERMS


    21.1. We can transfer or sub-license our rights and obligations under these Terms to any company, organisation, or person. You may not transfer or sub-license your rights or obligations under these Terms to any company, organisation, or person without our permission. We may transfer these Terms in relation to any re-organisation, sale, merger, or acquisition.


    21.2. If you fail to comply with these Terms and we take no action against you, or if we delay in doing so, that does not mean that we have given up our rights against you and (as long as we do so within the time periods stated in the law) we may still enforce our rights and remedies against you in relation to that failure to comply.


    21.3. We have agreed to these Terms as independent contractors only and nothing in these Terms creates a partnership, joint venture, contract of employment, or agency of any kind between us and you or any third party. Neither you nor we can make any commitments or agreements on the other's behalf.


    21.4. If any provision or part-provision of these Terms is or become invalid, illegal or unenforceable, it will be considered deleted from these Terms.


    21.5. These Terms and any rules or policies they refer to contain the entire agreement between us and you relating to your use of the Services and apply instead of any previous agreements, arrangements, undertakings or proposals between us and you relating to the use of the Services.


    21.6. No person other than you or us (including any employee, officer, agent, representative or subcontractor of you or us) has the right (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of these Terms without the written consent of both you and us.


  3. CONTACT AND COMPANY INFORMATION


    22.1. If you have any questions or comments about these Terms, please contact us at: help@disciplemedia.com. If we have to contact you, we will send an email to the address you provide to us when you create your account.

    22.2. Lobaso Limited is a company registered in England and Wales (company number 11650127) with registered offices at Office One, 1 Coldbath Square, Farringdon, London, EC1R 5HL.

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