01About these terms
These terms govern use of the SponsorshipBrain website and platform (the "Service"), provided by SumLou Limited, a company registered in England and Wales with company number 16964433, whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ ("SumLou", "we", "us").
They apply to the organisation that subscribes to the Service (the "Client") and to everyone the Client invites to use it. The Service is for business use only, and nothing in these terms is intended for consumers.
If the Client has signed an order form or platform agreement with us, that document takes priority over these terms where they differ.
02The Service
SponsorshipBrain helps organisations in sport find sponsors, create media kits and proposals, sign contracts, deliver sponsored content with player approval, report results, and invoice and split payments. Features may change as the product develops; we will not remove a core feature the Client relies on without reasonable notice.
The Client can run the Service under its own brand. External pages may carry a small "Powered by SponsorshipBrain" line.
03Accounts and security
- The Client is responsible for its users' accounts, for choosing their roles, and for removing access when someone leaves.
- Owners and administrators must use two-factor sign-in. Users must keep sign-in links and codes private and tell us at once about any suspected unauthorised access.
- We may suspend an account to protect the Service, other clients or third parties, and will explain why where we lawfully can.
04The Client's responsibilities
The Client must:
- have the right to represent the players it adds, and their agreement to the use of their name, image and social accounts;
- have rights to any photos, logos and content it uploads;
- make sure its sponsorship outreach complies with UK law, including the Privacy and Electronic Communications Regulations and UK GDPR, and only use sending domains it owns or is authorised to use;
- make sure sponsored content is clearly labelled as advertising, in line with the CAP Code and platform rules (the Service adds an "Ad" label to every sponsored caption);
- comply with the terms of Instagram, Facebook, X, TikTok, WhatsApp and any other connected service;
- review every AI-drafted text before it is used, and check all figures and contract terms before sending them to anyone.
05Acceptable use
No one may use the Service to send spam or unlawful messages, impersonate anyone, post content without the player's approval, scrape or misuse third-party platforms, upload malicious code, attempt to break its security or test it without our written permission, or resell it without our agreement.
06Players and sponsors
Players and sponsor contacts use the Service at the Client's invitation, free of charge. Their agreements are with the Client, not with SumLou. A player can disconnect any social account at any time, and the Service will not publish any sponsored post that the player has not approved.
07Third-party services
The Service connects to services we do not control, including social platforms, messaging, payment, e-signature and data providers. Their availability, rules and prices can change. We are not responsible for their outages, decisions or changes, though we will work to keep integrations running and tell the Client about changes that affect it.
08Fees and payment
- Fees are set out in the Client's platform agreement and usually include a one-off set-up fee, a monthly platform fee and a share of sponsorship revenue generated through the Service.
- The revenue share is calculated from payments recorded in the Service's ledger. The Client must not route deals arranged through the Service around it to avoid the revenue share.
- Fees exclude VAT, which is added at the applicable rate. Invoices are payable within 30 days unless the agreement says otherwise.
- We may charge statutory interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the Service if an invoice is more than 30 days overdue after we have given written notice.
- Third-party usage costs (for example X post charges or WhatsApp message fees) are passed through at cost unless the agreement includes them.
09Intellectual property
We own the Service, its software, design and documentation. The Client receives a non-exclusive, non-transferable right to use it during the subscription. The Client owns its data and content and gives us permission to host and process them only to provide the Service. Suggestions for improvements may be used freely by us.
10Data protection
For personal data the Client manages through the Service, the Client is controller and SumLou is processor. Our data processing agreement forms part of these terms and covers our obligations under Article 28 UK GDPR, including sub-processors, security, assistance with requests, breach notification and deletion. Our privacy policy explains how we handle our own data.
11Confidentiality
Each party will keep the other's confidential information private and use it only for the purposes of these terms, during the contract and for five years after it ends. This does not apply to information that is public, already known, independently developed or that must be disclosed by law.
12Availability and support
We aim to keep the Service available at all times apart from planned maintenance, which we schedule outside UK business hours where possible. Support is by email at [email protected] during UK business hours. Any specific service levels are set out in the platform agreement.
13Warranties and liability
- We will provide the Service with reasonable skill and care. Otherwise the Service is provided as is, and we do not guarantee any level of sponsorship income, audience figures, or that third-party platforms will accept or keep any content.
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
- Neither party is liable for loss of profit, revenue, goodwill or data, or for indirect or consequential loss.
- Each party's total liability in any 12-month period is limited to the fees paid or payable by the Client in that period.
- The Client will indemnify us against claims arising from content it uploads, outreach it sends, or its breach of section 4 or 5.
14Term and termination
- The subscription runs for the term in the platform agreement, then continues month to month until either party gives 30 days' written notice.
- Either party may end it immediately if the other materially breaches these terms and does not fix the breach within 30 days of notice, or becomes insolvent.
- When it ends, access stops, publishing access to players' accounts is revoked, and we return or delete the Client's data within 90 days as instructed, apart from records we must keep by law. Fees for the period before termination, including revenue share on payments already received, remain payable.
15General
- We may update these terms and will give clients at least 30 days' notice of material changes.
- Neither party is liable for delays caused by events outside its reasonable control.
- Neither party may transfer these terms without the other's consent, except that we may transfer them to a buyer of our business.
- These terms, the platform agreement and the data processing agreement are the whole agreement between the parties. No one else has rights under them.
- These terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction.
Contact: [email protected]