Terms and conditions

Terms and Conditions

  • This Terms and Conditions Agreement (or “Terms of use” or “Usage policy agreement”) for software services (“Agreement”) is made between “EventApper” (“EventApper”) and the user of services (“Client”). From hereon, terms like “We”, “Us”, “Our” or “EventApper” and the like would refer to EventApper. On the other hand, terms like “You”, “Your”, “Client” and the like would indicate event organisers looking to use EventApper to build mobile event apps. 

    Your use of EventApper’s products, software, services and web sites (referred to collectively as the “Services” in this document is subject to the terms of a legal agreement between you and EventApper. This document explains how the agreement is made up, and sets out some of the terms of that agreement. 

    By accessing and using this service, you accept and agree to be bound by the terms and provision of this Agreement. In addition, when using these particular Services, you shall be subject to any posted guidelines or rules applicable to such Services. Any participation in this Service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.   

    Unless otherwise agreed in writing with EventApper, your agreement with EventApper will always include, at a minimum, the terms and conditions set out in this document. 

    EventApper software is meant for building full-featured apps for business conferences, company gatherings, tech events, startup events, travel events, ceremonies, big weddings and similar B2B events. 

    All text content, colours, designs and other visual elements used on our website are the property of EventApper. Any attempt towards unauthorised reproduction, reselling, manipulation, representation or misuse will be treated as a violation of intellectual property rights, and will be punishable in a court of law. 

    1. Governing Law

    1.1. This Agreement is exclusively governed by the Dutch law. 

    1.2. The applicability of the Vienna Sales Convention is expressly excluded. 

    1.3. EventApper is based in the Netherlands and registered with the Chamber of Commerce in The Hague. 

    1.4. All disputes related to or arising from offers from EventApper, or Agreements concluded with it, will be submitted to the competent court in The Hague. 

    1. Entire Agreement

    2.1. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order, local law of the Customer or document provided by the Customer, the terms of this Agreement shall control. If any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact. 

    1. Accepting the Terms

    In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. 

    You can accept the Terms by: 
    (A) clicking to accept or agree to the Terms, where this option is made available to you by EventApper in the user interface for any Service; or 
    (B) by actually using the Services. In this case, you understand and agree that EventApper will treat your use of the Services as acceptance of the Terms from that point onwards. 

    1. Indemnification

    4.1. Client agrees to defend, indemnify, and hold EventApper and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (I) your content; (II) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms) (III) your or end users’ misuse of the Services; (IV) any refunds owed or claimed to be owed to Registrants; (V) your failure to pay or withhold any taxes or other fees required by applicable law; (VI) your violation of any third-party right, including without limitation any Intellectual Property Rights, privacy rights, or a Non-EventApper Service; or (VII) your gross negligence and/or wilful misconduct. 

    1. Unlawful Use

    5.1. Client agrees not to use the Services for any unlawful or abusive purpose or in any way that interferes with EventApper. Client will comply with all laws while using the Services and will not transmit any actions that would violate any local law or international law. Resale of the Services is prohibited except by authorized Dealers. By using the Services, Client agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the Services. 

    1. Unauthorized Usage

    6.1. Client may not program or alter any of the Services other than the normal programmable parameters of the portal. If the Services used fraudulently, Client must notify EventApper immediately and provide EventApper with such information and documentation as EventApper may request. 

    1. Restrictions on using services

    7.1. You may not use our Services: to transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene; in a way that could cause damage or adversely affect Registrants, reputation, network, property or Services; to communicate any unsolicited message; to infringe on the copyright of another, or upload or transmit any virus, worm, or malicious code; or in any way prohibited by the terms of our Services, the Agreement or our Policies. 

    7.2.Client will not use the product to commit criminal offenses or wrongful acts or to damage others or third parties and the Client indemnifies EventApper in this respect. 

    7.3. In the event of abuse, EventApper reserves the right to block the portal and the associated event at any time. 

    1. Exclusion of warranties

    8.1. Nothing in these terms, including sections 8 and 9, shall exclude or limit EventApper’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law and will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage. 

    8.2. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.” 

    8.3. In particular, EventApper, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure or free from error, (c )any information obtained by you as a result of your use of the services will be accurate or reliable, and (d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected. 

    8.4. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. 

    8.5. No advice or information, whether oral or written, obtained by you from EventApper or through or from the services shall create any warranty not expressly stated in the terms. 

    8.6. EventApper further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. 

    1. Limitation of liability

    9.1. Subject to overall provision in paragraph 8.1 above, you expressly understand and agree that EventApper, its subsidiaries and affiliates, and its licensors shall not be liable to you for: (a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, loss of profits, service outages, cost of procurement of substitute goods or services, or other intangible loss; (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services; (ii) any changes which EventApper may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; (iv) your failure to provide EventApper with accurate account information; (v) your failure to keep your password or account details secure and confidential; 

    9.2. In all cases, the period within which EventApper can be held liable for compensation for established damage is limited to 3 months, counting from the moment the damage has been established. 

    9.3. EventApper is never liable for damage resulting from any defect, including so-called Bugs in the software used by EventApper. The question whether there is a defect or bug is solely at the discretion of EventApper. 

    9.4. EventApper is also not liable for any damage caused by temporary or non-availability of the ordering option, inaccessibility or removal of (data) from the website due to maintenance or otherwise. 

    9.5 This site and its components, links or articles are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.   

    9.6 The limitations on EventApper’s liability to you in paragraph 14.1 above shall apply whether or not Eventapper has been advised of or should have been aware of the possibility of any such losses arising. 

    1. Our right to change material Agreement

    10.1 We may change any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of service.  

    You understand and agree that if you use the Services after the date on which the Terms have changed, EventApper will treat your use as acceptance of the updated Terms and Conditions agreement or Additional Terms. 

    Except as provided below, if a change we make to the Agreement is material and has a material adverse effect on you, you can stop using services provided without incurring any costs. If any rate changes will be made, it will be published on the site. 

    1. Assignment

    11.1. EventApper may assign all or part of the rights or duties of EventApper under this Agreement without such assignment being considered a change to the Agreement and may provide notice to Client. As a result of any such assignment, Eventapper shall be released from all liability with respect to such rights or duties, or portions thereof. Client may not assign this Agreement without prior written consent of EventApper, which shall not be reasonably withheld. 

    11.2. EventApper may change, suspend or withdraw (parts of) the services at any time if this is necessary for the maintenance or protection of the services, this only at the discretion of EventApper. This also includes a temporary interruption of the services for carrying out maintenance, whereby this is made known in advance, unless it concerns such short or limited interruptions that a prior announcement thereof cannot reasonably be made. 

    1. Other services

    12.1. Services provided by EventApper can be disturbed by external factors over which EventApper has no influence. Partly because of this, EventApper cannot guarantee the quality or the use of the services. EventApper is dependent on third parties (Other Parties) in the provision of its services, such as hosting providers. EventApper is never liable for defects in the products and services of these third parties. 

    Other Services may include hyperlinks to other web sites or content or resources. EventApper may have no control over any web sites or resources which are provided by companies or persons other than EventApper. 

    You acknowledge and agree that EventApper is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. 

    You acknowledge and agree that EventApper is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 

    12.2. Personal data is processed by EventApper as it is described in our Privacy Policy. EventApper concludes data processing agreements with all these parties in which the third party guarantees the privacy of the data. The Other Party bears the risk with regard to damage or loss of data or information or inaccuracies in the reports or data stored by Eventapper or third parties EventApper can be not liable how other party fulfils its obligation, unless the damage or loss is due to gross negligence, gross negligence and / or intent of EventApper. 

    1. Advertisements

    13.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. 

    The manner, mode and extent of advertising by EventApper on the Services are subject to change without specific notice to you. 

    In consideration for EventApper granting you access to and use of the Services, you agree that EventApper may place such advertising on the Services. 

    1. Intellectual Property

    14.1. The website,portal, app and its original content, features, and functionality are owned by Eventapper and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Intellectual property rights are understood to mean patent, copyright, brand, drawing and design rights and / or other (intellectual property) rights, including technical and / or commercial know-how, methods and concepts that can be patented or not. 

    14.2. The Client explicitly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or the internet site are held by EventApper, its suppliers or other entitled parties. 

    14.3. The Client is prohibited from making use of and / or making changes to the intellectual property rights as described in this article, such as multiplication without the express prior written consent of EventApper, its suppliers or other entitled parties, unless it is purely a matter of private use of the product itself. 

    It is EventApper’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. 

    1. Force Majeure

    15.1. EventApper shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is: 

    • beyond the reasonable control of a party, 
    • materially affects the performance of any of its obligations under this agreement, and 
    • could not reasonably have been foreseen or provided against, but 
    • will not be excused for failure or delay resulting from only general economic conditions or other general market effects. 

    15.2. A typical list of force majeure events might include war, riots, fire, flood, hurricane, pandemic, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract. 

    1. Language of the Terms

    16.1. Where EventApper has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with EventApper. 

    If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.