Operator terms
Last updated 6 October 2026
Who these terms are for
These terms are between [registered company name] (“Pencilled”, “we”) and the business or person who creates an operator account (“you”). By creating an account at /start you agree to them. The terms customers accept when they book are separate, and are on the booking terms page.
Your account
- Give accurate details when you sign up and keep them up to date.
- Keep your login secure, and only add colleagues who need access. You are responsible for what is done through your account.
- You must be able to enter into a contract for the business you are signing up.
Fees
- There is no set-up fee and no monthly fee. We take a platform fee of 5% of each card payment made through Pencilled, unless we agree a different rate with you in writing.
- The fee is taken automatically from each payment as it is made, so there is nothing to invoice.
- Stripe charges its own processing fees to your Stripe account, in addition to our fee. Those are set by Stripe and not by us.
- Bookings you take at the venue and are paid for in cash, or on your own card reader, do not go through Pencilled’s payment flow and carry no platform fee.
- VAT on the platform fee: [VAT treatment of the platform fee].
- We will tell you before we change the platform fee, and the change will not affect payments already made.
Payments through Stripe
Card payments are made to your own Stripe account, which you connect from the dashboard settings. Connecting creates a Stripe account for your business if you do not have one. Stripe’s own terms apply to it, and Stripe decides whether to approve and keep your account. Stripe pays money out to you. Once your account is connected, Pencilled does not hold the takings from your bookings.
If Stripe restricts or closes your account, or you disconnect Pencilled from it, we cannot take card payments for you until it is connected again.
Refunds, cancellations and chargebacks
- You are responsible for refunding customers when you cancel a session, cannot run it as described, or have agreed a refund. When you cancel a session you must refund what customers paid, to their original payment method, within 14 days.
- Refunding a card payment from the bookings screen returns it to the customer through Stripe, including the platform fee on that payment. If Stripe refuses a refund, the booking stays as it was.
- If a customer disputes a payment with their bank, the dispute is between you and Stripe. Any amount taken back, and any fee Stripe charges for the dispute, is for your account.
- You must state your cancellation and refund policy to customers before they book, and honour it. Write it in your settings: it is shown on your booking page, on the page customers see after booking and in every confirmation email. If you leave it blank, customers are shown the default in the booking terms, which says there is no 14-day cooling-off period for a session on a set date and that they should contact you. Your policy cannot take away rights customers have under the law, including the refund owed when you cancel a session.
Your events
- Make sure listings are accurate: what the event is, where, when, the price and what people need to bring.
- Honour confirmed bookings, or refund them.
- Run your sessions safely, and hold the licences, permissions and risk assessments the activity needs. You are responsible for the safety of your customers.
- Hold public liability insurance that suits your activities, with cover of at least [minimum public liability cover], and keep it in force for as long as you take bookings.
- Do not list events that are unlawful, misleading or unsafe.
Customer data
For your customers’ booking details and questionnaire answers, you are the data controller and Pencilled is your data processor. That means:
- You decide what to collect. Only ask for what you need. Health information is special category data, so you need a lawful basis and a condition for it, and the declaration in Pencilled’s forms is how customers give explicit consent.
- If you connect Mailchimp, we add a customer to your audience only when they tick the box on your booking page asking to hear from you, which counts as that separate agreement, and we keep a record of the wording they agreed to and when. You are responsible for your Mailchimp account and API key, for honouring unsubscribes, for deleting or suppressing anyone who asks you to, and for only sending those customers news and offers about your own business. Mailchimp is operated by Intuit in the United States, and the list is yours to control. Removing or anonymising a booking in Pencilled does not remove the customer from your list, so do that in Mailchimp. Mailchimp’s confirmation email is on by default, because anyone can type another person’s address into a booking and a tick alone does not show the owner of the address agreed. If you turn it off we record that you did, and you are responsible for anyone added without confirming. We keep your API key encrypted and never show it again, and you can disconnect at any time by clearing the audience ID in your settings.
- You tell customers how you use their data, and you are registered with the ICO where the law requires it.
- You delete questionnaire responses when you no longer need them. Each event has a delete all action for this.
- You do not use customer data for marketing unless the customer has agreed to it, and you answer customers’ requests about their data. We will help with the parts that need us.
- You tell us without undue delay if you think customer data has been put at risk.
As your processor, we handle that data only on your instructions, keep it secure, make sure the people who handle it are bound to confidentiality, use other providers only as the privacy policy lists, help you respond to requests and breaches, and at the end of our agreement delete it or return it to you. The full data processing terms are at [data processing agreement]. The privacy policy sets out what we collect and for how long.
Ending this agreement
- You can stop using Pencilled and ask us to close your account at any time.
- We can suspend or close an account that breaches these terms, puts customers or the platform at risk, or breaks the law. Where it is reasonable, we will tell you first.
- Bookings already made still have to be honoured or refunded. On closing, we delete or return your data as the customer data section describes.
Our liability
We provide the platform with reasonable skill and care but cannot promise it will always be available. We are not responsible for your events or your customers’ experience of them. Our total liability to you in connection with the platform is limited to [liability cap]. We are not liable for loss of profit or indirect loss. Nothing here limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence or for fraud.
Changes to these terms
We may update these terms. We will email you about changes that matter, and the date at the top of this page shows when they last changed. If you carry on using Pencilled after a change, you accept it.
General
- If any part of these terms is found to be unenforceable, the rest still applies.
- Nobody other than you and Pencilled has rights under these terms, under the Contracts (Rights of Third Parties) Act 1999.
- These terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction.
Contact
Questions about these terms: hello@pencilled.app.