Terms of Service

These terms govern the use of the Capvera platform and websites (the “Service”) provided by Capvera, Inc. (“Capvera”, “we”, “us”). They apply to the charities and other organisations that use the Service to run their race programmes (“Organisations”), and to the people who sign in on an Organisation’s behalf.

They do not apply to runners. If you are applying to a charity for a race place, you are applying to that charity, not to Capvera, and you are not a party to these terms. How your application is handled is set out in the applicant privacy notice.

An Organisation may also have a written agreement with us, including a data processing agreement. Where that agreement and these terms differ, the agreement wins.

Capvera is software for organisations that hold charity places in races. It provides a hosted application form for each race, a pipeline in which the Organisation’s staff review applications and record their decisions, emails to applicants about their application, a status page for each applicant, and a record of who reviewed what and when.

The Service is in an early beta. It may change, and parts of it may be unavailable from time to time.

You must be at least 18 to hold an account. Staff sign in with a Google or Microsoft account, and an Organisation’s administrators decide who has access. You are responsible for activity under your account, and for telling us promptly at customer_support@capvera.co if you think someone else has used it. If you use the Service for an Organisation, you confirm that you have its authority to do so.

Every decision about an applicant is made by the Organisation, by a person, using their own judgment. Capvera does not select runners, award places, register anyone for a race, or recommend an outcome, and nothing in the Service rejects an application automatically.

The Service is not a background check, an identity check or a consumer report, and Capvera is not a consumer reporting agency. You may not use the Service to make or support a decision about anyone on the basis of a characteristic protected by law.

Race, event, charity and platform names that appear in the Service belong to their owners. Their appearance does not mean any affiliation with or endorsement by them.

If you use the Service for an Organisation, the Organisation agrees that:

• it has the right to collect the information it asks applicants for, and to put into the Service any information it imports or records;
• it gives applicants any notice the law requires, including applicants whose details it imports and who therefore never saw our notice;
• it asks for health or other sensitive information in its own questions only where it has a lawful basis to;
• it keeps the information it enters accurate; and
• it uses applicants’ information only to run its own programme, and not to market to them, sell their details or pass them to another organisation.

You may not:

• use the Service unlawfully, or to harass or harm anyone;
• submit false information or impersonate anyone;
• probe, disrupt or overload the Service, or try to reach any account or data that is not yours;
• scrape the Service, or access it by automated means we have not agreed to; or
• resell the Service, or use it to build a competing product.

The Organisation owns and controls the information it and its applicants put into the Service. We process it on the Organisation’s instructions, to provide and support the Service, and for no other purpose. How we handle it is set out in our privacy policy and in the Organisation’s data processing agreement. An Organisation can export its review log and its applicants’ addresses from the Service at any time, and we provide a full copy of its data on request.

Any fees are set out in the Organisation’s written agreement with us. The Service is always free for runners: nobody pays Capvera to apply or to check an application.

You may stop using the Service at any time. We may suspend or end access if these terms are broken, if the law requires it, or to protect the Service or the people who use it. When an Organisation leaves, we give it a full copy of its data on request first, and we then delete it as its data processing agreement sets out.

The Service is provided “as is” and “as available”. To the extent the law allows, we make no warranties beyond those in an Organisation’s written agreement with us.

To the extent the law allows, Capvera is not liable for indirect or consequential loss, and its total liability arising from the Service is limited to the greater of the fees the Organisation paid us in the twelve months before the claim and one hundred US dollars. Nothing in these terms limits liability that the law does not allow to be limited.

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

We may update these terms. If a change is material, we will update the date above and tell Organisations before it takes effect.

Questions about these terms: customer_support@capvera.co.