Effective date: June 19, 2020


These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the Venzi app (the "Service") operated by VenziApp LLC s.r.o. ("us", "we", "our" or "Venzi"). Terms and Conditions tell you the information about us and the legal terms and conditions on which we make Venzi, an online ticket-selling software solution available to you. Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You agree to these Terms and you enter into a binding contract with us when you sign up for an Venzi account by clicking "Sign Up" or similar buttons on our app. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then please do not use or access the Service. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms: (a) located on particular pages at the website; or (b) notified to you, from time to time. We may amend these Terms from time to time. You should check the app or website occasionally to review the then current Terms, as they are binding to you.


Use of the Service

You may use the Service to sell tickets online only if you are the event organiser for all the events you are selling tickets for. Access to the Service may be suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Your access to the Service may also be suspended, or your account may be cancelled at any point, at our discretion, including (but not limited to) if we suspect that you are using the Service for fraudulent or criminal purposes or if we are advised to by law enforcement agencies.


Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy on our app or website, as it includes some important terms which apply to you.

Tickets Buyers And Event Attendees

We have no direct relationship with ticket buyers and event attendees. When our customers sell tickets to event attendees through the Service, the contractual relationship is between them. Our customers are responsible for providing their own terms of sale to their customers and accordingly, we will direct any ticket buyers/event attendees who have queries regarding the events to our customers. The customer agrees not to refer the ticket buyers/event attendees to us for support. Every customer shall hold us harmless, and indemnify us, against all claims, costs and damages (both actual and consequential) arising out of, or in any way, connected with any dispute(s) with one or more of your customers; and/or your relationship with your customers.

Ticket Buyers And Event Attendees' Personal Information Use

We comply with the General Data Protection Regulation ((EU) 2016/679) (the "GDPR")). For any personal information of ticket buyers and event attendees that we handle as part of the Service ("Customer Data"), we and our customers ("event organizers") both agree that our customers are the "data controller" and we are the "data processor" in relation to that data. Our customers hereby agree that (a) they will comply with Data Protections Law in relation to their handling of Customer Data, including informing the ticket buyers and event attendees or how their Customer Data will be handled by you as event organizer and by us; (b) they have sole responsibility for establishing and maintaining the lawful basis of the processing of Customer Data under these Terms, including where applicable the obtaining of all necessary consents from the ticket buyers and event attendees; and (c) where they export the Customer Data during the use of the Service (for example exporting a list as a spreadsheet or synchronizing third-party account), they are responsible for ensuring that the use of that Customer Data is compliant with data protection laws and the terms in place between them and the ticket buyers and event attendees. We hereby agree to (a) process the Customer Data only in accordance with lawful instructions reasonably given by our customers to us, or as otherwise required by law. They hereby instruct us to use the Customer Data to perform the Service and as otherwise described in these Terms. Such instructions are their complete and final instructions to us for the use of Customer Data; (b) not reflect instructions from our customers that infringe data protection legislation (provided always that you acknowledge that you remain solely responsible for obtaining independent legal advice regarding the legality of your instructions and that a failure or delay by us to identify that an instruction infringes legislation shall not cause us to be in breach of our terms nor relieve you from your liability under this these terms); (c) ensure appropriate technical and organizational measures to protect Customer Data which equal to measures as set out in the Privacy Policy and, where applicable, assist our customers to comply with their security obligations and inform in case any Customer Data is lost or destroyed or becomes damaged, corrupted, or unusable or is otherwise subject to unauthorized or unlawful processing, including unauthorized or unlawful access or disclosure; (d) on termination of the Service, we will return, or destroy (at your direction), Customer Data in our possession or control unless applicable laws require the continued storage of such Customer Data. The deletion may take us up to 30 business days. We may work with sub-processors to process Customer Data in connection with the provision of the Service, who will have equivalent obligations to which we are subject to. We will not be liable for any claim brought by a ticket buyer or event attendee arising from any action or omission by us, to the extent that such action or omission resulted from your instructions. In providing the Service, we may transfer personal information (including Customer Data) to third party service providers, which may store and process this personal information on servers located outside of the EEA (including for data back-up purposes). If we transfer Customer Data outside of the EEA in this way, we will take the appropriate steps to ensure that the Customer Data continues to be protected (typically through the third party agreeing to comply with European Commission approved contractual obligations in their standard terms).


Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Venzi and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Venzi.


Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.


Limitation Of Liability

IN NO EVENT WILL WE OR OUR EVENT ORGANIZERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.


Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Venzi, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We do not warrant the accuracy and completeness of the material on the website. We may make changes to the material on the website, or to the functionality of the Service, at any time without notice. The material on the website may be out of date, and we make no commitment to update such material.


Governing Law

These Terms shall be governed and construed in accordance with the laws of The United States of America, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


Contact Us

If you have any questions, please contact us by email at support@venzi.app.