EN

TERMS

Terms of Service

Last updated: 15 May, 2018    

These Terms of Service ("Terms", "Terms of Service") govern your use of the services, software and websites (the "Service") created, provided and operated by Eventival s. r. o., with its registered office at Praha 3 - Žižkov, Seifertova 1527/16, Post Code 13000, Company ID 28991214 ("Eventival", "us", "we", or "our"), unless expressly agreed otherwise in a written agreement made between you and Eventival. 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all customers of Eventival (accessing the Service through “Back Office”), all end users and visitors (accessing the Service through “Visitor Page”), and others who access or use the Service in any other manner (including through any mobile phone application). 

By accessing or using the Service you agree to be bound by these Terms. If you are using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.

Please make sure you read these Terms and our Data Protection and Privacy Policy prior to using the Service and in case of any queries please contact us at info@eventival.com.

1.    Service

The Service is a cloud based software solution created for the purpose of data management and event logistics, which allows its users to view, post, publish, link, store, share, manage and otherwise create and make available various data, ideas, opinions, recommendations, as well as textual, literary, artistic, musical, graphic or other content, including but not limited to photos and videos ("Content").

2. “AS IS” Nature of the Service

The Service is provided on an "AS IS" and "AS AVAILABLE" basis 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. 

While we are striving to continuously improve the Service, Eventival does 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.

3.    Content

You are responsible for the Content that you upload to the Service, including its legality, correctness, reliability, and appropriateness.  You agree that you will not use the Service to process any sensitive personal data (within the meaning of the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC [“General Data Protection Regulation”]). For more details please refer to our Data Protection and Privacy Policy which is an integral part of these Terms.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You are obliged to ensure that: (i) you are the legal owner of the Content or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Eventival may not review your Content and is not responsible for it in any manner. In the event that Eventival would be found liable in any manner in connection with your Content, you agree to fully indemnify Eventival for any damage and costs it may incur, as set out in these Terms.

Eventival is not responsible for any third party content that you download or otherwise obtain through the use of the Service or for any damage or loss, including loss of data that may result.

4.    License

By uploading your Content onto the Service, you are granting us the right and license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content on and through the Service for the purpose of (i) providing the Service and associated support; and (ii) analyzing and improving the operation of the Service.

For the avoidance of any doubt based on this license Eventival has the right to store data in a “master database” containing the data uploaded by all the users of the Service for the purpose of further improving the Service and its security. Eventival may also create and share aggregate, anonymized data about the use of its Service by its customers.

5.    Accounts

When you create an account with us to access the Service, 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. 

6.    Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions that occur under your password. You agree not to disclose your password to any third party and understand that you should regularly change the password.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or if you have a reasonably founded suspicion of such breach. Such notification shall be made by e-mail and sent to the following e-mail address: info@eventival.com.

7.    Security

Eventival uses industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content, however Eventival may not guarantee that even such rigorous security measures may not be breached by illegal actions of a third party.

Eventival will use reasonable efforts, consistent with standard industry practices, to ensure that the Service and its software do not contain any viruses, backdoors, Trojans, or other computer code that is designed to disrupt, disable or harm the operation of the Service or its software.

In the event that you become aware of any security breach or have a reasonably founded suspicion of such breach, you shall notify us. Such notification shall be made by e-mail and sent to the following e-mail address: info@eventival.com.

8.    Intellectual Property of Eventival

The Service and its original content (excluding Content provided by users) including without limitation all know-how, concepts, logic, structure, components, layout, design, source codes, specifications, instructions, features, functionality and other intellectual property rights (registered and unregistered) are and will remain the exclusive property of Eventival and are protected throughout the world by copyright, trademark and other intellectual property rights. Our trademarks, logos or name may not be used in connection with any product or service without the prior written consent of Eventival. 

Your feedback regarding the Service is welcome. However any feedback, comments, or suggestions you may provide are entirely voluntary and we are free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

9.    Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Eventival. Eventival has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Eventival shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

We do not assume responsibility for any third party application or service that provides access to our Service (e.g. any third party application developed using Eventival's API).

10.    Modifications to the Service / Terms

Given the nature of the Service, you acknowledge that it and/or these Terms may be modified by Eventival from time to time. Such modifications will be notified through our website www.eventival.com.

If a modification 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. 

Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service or these Terms, you may terminate your use of the Service, however you will not have any other rights against Eventival in connection with such modification.

11.    Indemnification

You agree to defend, indemnify and hold harmless Eventival (including its employees, contractors, agents, officers and directors) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or in connection with your use of and access to the Service, or from or in connection with any Content uploaded to the Service through your account, including any such use of the Service by a third party using your account with or without your knowledge or consent.

12.    Termination

You are free to stop using our Service at any time. If you wish to terminate your account, you are required to notify us of the date from which you no longer wish to use the Service. Such notification shall be made by e-mail and sent to the following e-mail address: info@eventival.com.

We reserve the right to suspend or terminate your account after a written warning notice (including an e-mail notice) if (i) you breach any of these Terms or our Data Protection and Privacy Policy, (ii) we have a reasonable suspicion that you are engaging in malicious behaviour such as attempting to hack our Service, (iii) you are causing harm to the Service or its other users, or (iv) for any other reason outside our control which means that we cannot provide you with the Service (force majeure). Upon termination, your right to use the Service will immediately cease.

13. Deletion at End of Subscription Term

Upon termination of your use of the Service, Eventival will delete your Content, unless you deliver us a written request for returning your Content no later than within 30 days from the date of termination. We will return the Content to the extent possible in the format of Excel spreadsheet(s), subject to your payment for the time spent by Eventival on performing the work necessary to return the data of a fee in the amount of EUR 80 per one hour of work required. We may require that this fee or its part is paid in advance. The return of your Content shall be confirmed by you in writing.

14. Limitation Of Liability

To the maximum extent permitted by law, in no event shall Eventival, its directors, employees, contractors, partners, agents, suppliers or affiliates be liable for any damage, including without limitation damages for loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or Content, regardless of the legal title of such potential liability and whether or not Eventival has been informed of the possibility of such damage.

In any event, Eventival's aggregate liability for any and all claims related to the Service shall not exceed the greater of (i) 100 EUR or (ii) the total amount paid by you to Eventival in connection with your use of the Service during the twelve (12) month period prior to the claim giving rise to such liability.

15. Location of Service

The Service is controlled, operated and hosted from within the Czech Republic. Eventival makes no representation or warranty that the Service is appropriate or available for use in every country or jurisdiction, in particular outside the EU. If you access or use the Service from other jurisdictions you do so at your own risk and are solely responsible for compliance with all applicable Czech and local laws and regulations, including but not limited to data protection and privacy laws and export and import regulations.

Eventival may transfer, store and process your Content in any other EU country. By using the Service you consent to this transfer, processing and storage of your Content.

16. Data Protection and Privacy

Eventival complies with all the applicable legal regulations regarding Data Protection and Privacy, in particular with the General Data Protection Regulation and it has appointed a data protection manager, who may be contacted at data@eventival.com.

Eventival has a detailed Data Protection and Privacy Policy applicable to all personal data processing by Eventival, which is an integral part of these Terms. Please refer to this Data Protection and Privacy Policy available at www.eventival.com for further details.

In summary, to the extent that you are the controller of any personal data which may be part of your Content, you are responsible for complying with all the applicable legal regulations regarding Data Protection and Privacy, in particular with the General Data Protection Regulation, and you represent and warrant to Eventival that you do so, in particular that you comply with all the obligations laid down by the General Data Protection Regulation, including, where applicable, ensuring informed consents of the data subjects as may be required and in the event that you process any personal data regarding children that you meet all the specific requirements regarding the protection of children.

When you upload personal data to the Service or otherwise provide your personal data to Eventival, you acknowledge and agree that Eventival will process such data in order to provide and improve the Service. Eventival does not collect data from public sources, it only processes personal data uploaded to the Service by its customers accessing the Service through “Back Office”, end users accessing the Service through “Visitor Page” or otherwise provided to Eventival directly by the data subjects interested in making contact with other users of the Service or in maintaining a relationship with Eventival.

Such personal data may include a person’s: (i) name, (ii) email address, (iii) phone number, (iv) postal address, (v) gender, (vi) date of birth, (vii) nationality, (viii) citizenship, (ix) photos, (x) education, (xi) other contact details, (xi) information regarding his/her profession and professional activities.

Eventival will not disclose the personal data to any other recipients (except to its third party providers in accordance with clause 12 of the Data Protection and Privacy Policy who are bound by confidentiality duty) and it will not transfer the data outside the EU. The personal data will be retained by Eventival only as long as required to provide you with the Service. Eventival may use the personal data to carry out profiling based on certain criteria which may further enable it to improve the Service and connect its customers with an appropriate group of end users, including the sending of commercial notices for this purpose.

Eventival may use the personal data to carry out profiling based on certain criteria which may further enable it to improve the Service and connect its customers with an appropriate group of end users, including the sending of commercial notices for this purpose.

Eventival also may store data in a master database containing the data uploaded by all the users of the Service for the purpose of further improving the Service and its security. Eventival may also create and share aggregate, anonymized data about the use of its Service.

Any individual has the right to have personal data concerning him or her rectified and a “right to be forgotten” where the retention of such data infringes the General Data Protection Regulation or the applicable Member State law. If you have given a consent with the processing of your personal data through the Service and you no longer agree with that, you have the right to withdraw your consent at any time. Regarding any such request, please notify us at the following e-mail address: data@eventival.com.

You have the right to lodge a complaint regarding the personal data processing with the supervisory authority, being the Czech Data Protection Office at www.uoou.cz.

17. Entire Agreement; Severability; Waiver

These Terms together with the Data Protection and Privacy Policy and the Subscriber Agreement constitute the entire agreement between you and Eventival concerning our Service, and supersede and replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service, except where a specific written agreement is concluded between you and Eventival regarding the Service in which case these Terms shall apply to the extent the individual agreement does not deviate from them.

If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrators, the remaining provisions of these Terms will remain in full force and effect and an unenforceable term will be substituted reflecting as closely as possible the original meaning and intent of the substituted provision.

Eventival's failure to enforce any right or provision of these Terms shall not be deemed a waiver of its right to do so later.

18. Assignment

These Terms and any rights and obligations hereunder may not be transferred or assigned by you to any third party without our prior written consent.

Eventival may assign or transfer its rights and obligations as permitted by law, unless expressly excluded by a specific written agreement with you.

19. Notices

Any notices which shall be made in writing may be made also by e-mail. If such notice is addressed to Eventival it shall be sent to info@eventival.com.

We may provide you with legal notices and notices related to your account, including information about Service updates or changes, via e-mail using the e-mail address associated with your account.

We may provide you with other marketing or business-related information in accordance with our Data Protection and Privacy Policy. You may opt-out of receiving Marketing Messages at any time by following the instructions provided in the Marketing Message or by simply e-mailing us at data@eventival.com.

20. Governing Law

These Terms and your contractual relationship with Eventival shall be governed and construed in accordance with the laws of Czech Republic, without regard to its conflict of law provisions, in particular by the Act no. 89/2012 Coll, the Civil Code and its Sections 1751 et seq.

21. Dispute resolution

All disputes the aggregate value of which is below or equal to EUR 5.000 arising in connection with the Service shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic by one arbitrator appointed by the President of the Arbitration Court.

All disputes the aggregate value of which is above EUR 5.000 arising in connection with the Service shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court.

In the event of doubt the value of the dispute is deemed to be above EUR 5.000.

22. Contact Us

If you have any questions about Eventival and/or these Terms, please email us at info@eventival.com.