Terms of Service

§ 1 Scope and Contracting Parties

(1) Operator

Johannes Nothstein
Bahnhofplatz 2
4133 Pratteln
Switzerland
[email protected]

(2) Scope of Application

These Terms of Service apply to all contracts between the operator and users of the platform, in particular for:

• Registration and use of a user account
• Posting events, parties and venues
• Use of search and discovery functions
• Claiming venue ownership rights (Venue Claims)

(3) User Groups

• Guests: Non-registered visitors with read access
• Users: Registered users with profile and favorites functionality
• Organizers: Registered users authorized to create events, parties and venues
• Administrators: Platform operators with administrative rights

(4) No Intermediary Role

The platform is not a ticket provider and not an intermediary between organizers and event visitors. Contracts for attending events or purchasing tickets are concluded exclusively between the respective organizer and the visitor – the platform is not involved.

§ 2 Registration and User Account

Use of certain functions (especially creating events) requires registration. Truthful information must be provided during registration.

Before first use of the account, the provided email address must be verified.

The user is responsible for keeping their access data confidential and is liable for all activities that occur through their account.

The user account is personal and non-transferable.

Minimum Age: Registration and use of the platform is reserved for persons aged 16 and over. By registering, you confirm that you are at least 16 years old.

§ 3 User Obligations

(1) General Obligations

• Use the platform only for lawful purposes
• Not to make false or misleading statements
• Not to infringe the rights of third parties
• Not to overload or technically manipulate the platform

(2) Special Obligations for Organizers

• Only post events that they organize themselves or are authorized to promote
• Keep the posted information (date, location, price, availability) up to date
• Only upload images, texts and other content for which they have the necessary rights
• Have obtained the necessary consent for images showing identifiable persons
• Post events in the appropriate categories
• Be responsible for the accuracy and functionality of links to external ticket providers

§ 4 Prohibited Content

Absolutely prohibited is content that:

• Violates applicable law (especially criminal, competition and youth protection law)
• Constitutes racism, discrimination or hate speech
• Glorifies violence or incites criminal acts
• Spreads extremist content of any kind
• Displays pornographic or sexually explicit content
• Violates personal rights of third parties (defamation, slander)
• Infringes copyrights, trademarks or other intellectual property rights
• Contains misleading or fraudulent information

§ 5 Granting of Usage Rights

The organizer declares and guarantees that they are the owner of all necessary rights to the uploaded content (images, texts, logos, etc.) or have the necessary usage and exploitation rights.

By uploading content, the organizer grants the platform:

• Spatially unlimited
• Temporally limited (for the duration of publication plus an archiving period of maximum 12 months)
• Non-exclusive
• Free of charge
• Transferable (to technical service providers for contract fulfillment)

§ 6 Indemnification and Organizer Liability

The organizer indemnifies the platform and its operator against all third-party claims arising from content posted by the organizer. This includes claims for copyright infringement, trademark infringement, personal rights violations, false or misleading statements, and violations of competition law. The indemnification also includes reimbursement of reasonable legal defense costs.

§ 7 Platform Liability

The platform is not liable for the accuracy, completeness, timeliness or legality of user-posted content. Responsibility lies exclusively with the respective organizer.

The platform assumes no liability for the execution or cancellation of events, the quality of events, damages in connection with attending events, or the accuracy of information about prices, times or locations.

The platform is only liable for intent and gross negligence. In case of slight negligence, the platform is only liable for breach of essential contractual obligations (cardinal obligations). Liability is limited to foreseeable, contract-typical damages.

Note: The above liability limitations do not apply to personal injury (Art. 100 para. 2 OR).

§ 8 Moderation and Content Monitoring

The platform is not obligated to proactively monitor user-posted content for possible legal violations. Case-by-case review occurs upon specific indication.

The platform is entitled to remove or not publish content without giving reasons, especially if a violation of these Terms or applicable law exists or is suspected.

§ 9 Subscriptions and Paid Services

(1) Exclusively for Businesses

Pro and Premium subscriptions are offered exclusively to businesses within the meaning of § 14 BGB (Germany) or to persons acting in the exercise of their professional or commercial activity. By placing an order, the user confirms acting in this capacity. Use by consumers is excluded; a right of withdrawal under § 312g BGB therefore does not exist.

(2) Subscription Plans

The Platform offers the following usage tiers:

• Free: free basic use without time limit
• Pro: paid subscription with extended functionality
• Premium: paid subscription with full functionality

(3) Payment Processing

Payment processing is handled exclusively by the certified payment provider Stripe. We do not store complete payment data (credit card numbers, bank details). The Stripe terms of service apply additionally to all payments (stripe.com/legal).

(4) Billing Period and Renewal

Subscriptions are billed monthly or annually and renew automatically for the chosen period unless cancelled in time.

(5) Subscription Cancellation

The subscription can be cancelled at any time effective at the end of the current billing period. Cancellation can be made via the user account (Account Settings → Subscription) or by email. After cancellation, the paid functionality remains available until the end of the billing period.

(6) Refunds

Payments already made are generally non-refundable. Exceptions apply to technical errors attributable to the Platform, as well as mandatory statutory rights of return (in particular the right of withdrawal in distance contracts under Swiss CO/CCA or EU consumer law).

(7) Price Changes

Price changes for existing subscriptions will be communicated by email at least 30 days in advance. If the user does not agree to a price increase, the subscription may be cancelled before the change takes effect.

(8) Stripe Connect (Ticket Sales for Organizers)

Organizers who wish to sell tickets via the Platform are onboarded as connected accounts via Stripe Connect. Identity and bank data are submitted directly to Stripe and processed there in accordance with statutory KYC (Know Your Customer) requirements. The Platform is not a contracting party to the ticket purchase agreement between the organizer and the buyer.

(9) Tickets – Leisure Exception

Contracts between organizers and event attendees concerning the purchase of tickets for leisure events with a specific date (concerts, parties, festivals, etc.) are not subject to the 14-day right of withdrawal for consumers (§ 312g para. 2 no. 9 BGB). The Platform is not party to these contracts; responsibility lies exclusively with the respective organizer.

§ 10 Contract Duration and Termination

The usage contract is concluded for an indefinite period.

Both parties may terminate the contract at any time without giving reasons. Termination by the user is done by deleting the user account or by email.

The platform may terminate the usage relationship for good cause with immediate effect, especially in case of serious or repeated violations of these Terms, reasonable suspicion of unlawful use, or provision of false data during registration.

§ 11 Communications and Push Notifications

(1) Transactional Emails

As part of the usage contract, you will receive essential emails (e.g. verification, security notifications, invoices). These cannot be unsubscribed from as long as your account is active.

(2) Browser Push Notifications

Push notifications are activated exclusively after your explicit consent in the browser (opt-in). You can deactivate them at any time via your browser settings or account settings (opt-out). Upon deactivation, the stored push endpoint is deleted.

(3) Marketing Communications

Marketing communications (e.g. newsletters, event recommendations) are only sent if you have explicitly activated them. You can unsubscribe at any time via the unsubscribe link in the respective email or in your account settings.

§ 12 Data Protection

The collection, processing and use of personal data is governed by the separate Privacy Policy

§ 13 Cookies

The platform uses cookies:

• Necessary Cookies: Required for platform functionality (e.g., session cookies for login). These are set without consent.
• Analytics Cookies: To improve the Platform (Google Tag Manager / Google Analytics). These are only set with explicit consent.

For non-necessary cookies (especially analytics cookies), we obtain your prior, explicit consent via a cookie banner. You can revoke your consent at any time with effect for the future.

§ 14 Changes to Terms

The platform is entitled to change these Terms with effect for the future.

Changes will be communicated to registered users by email or by a notice on the platform.

The changed Terms come into effect 30 days after receipt of notification. If the user continues to use the platform after the changed Terms come into effect, this is deemed acceptance of the new Terms.

§ 15 Final Provisions

Applicable Law: Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules.

Jurisdiction: For disputes arising from or in connection with these Terms, Pratteln (Switzerland) is the exclusive place of jurisdiction. Mandatory statutory jurisdiction provisions remain reserved, especially the consumer's domicile pursuant to Art. 32 CPC.

Severability Clause: Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

Language: These Terms are written in German. In case of translations, the German version prevails.

§ 16 Dispute Resolution

(1) Online Dispute Resolution (EU)

The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr. Consumers residing in the EU may use this platform for the out-of-court resolution of disputes. Our email address for such requests can be found in the legal notice.

(2) Consumer Arbitration (Germany)

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board pursuant to § 36 VSBG.