Terms & Conditions
evenito AG was founded in December 2016. The software itself exists since before the founding date.
This website & its mobile version, the mobile apps “evenito Check-in“ and „evenito Nametag“ (the “Sites”) and the ticketing are owned and operated by eveni.to. “eveni.to” is incorporated in Zurich, Switzerland as a closed joint-stock company under “evenito AG“ with the following company VAT-number: CHE-272.774.030.
By using the website www.evenito.com (the “Site”), you automatically indicate your understanding and acceptance of the following terms and conditions (the “Agreement”):
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, or its content. You agree not to add to, subtract from, or otherwise modify the Site or any content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of any third party.
In order to use any service of eveni.to (the “Services”) you have to open an account (the “Account”). You agree that registration for an Account and therefore the use of the Services are – if not explicitly agreed otherwise – subject to a subscription fee and additional terms and conditions.
eveni.to explicitly agrees not to share any details of your uploaded data (e.g. details of the subscriber, names and contact and other personal information of any guests) (all such data together the “Guest Data”) with any third party except if you subscribe to some additional Feature(s)/Service(s), previously known as add-on Services (e.g Social Media Integration for Guest List) where limited data sharing is necessary in order to provide the additional Services. By using the Services, you agree to import, store, access and otherwise use only data that you have obtained with permission from the holders/owners of such specific data.
You agree that you will not use the Services to send any emails and/or text messages to unsolicited addresses/recipients. This includes any individual who has communicated that your emails and/or other messages are unwanted. You agree that all emails (send to your guests and to any third party) that are used in conjunction with the Services were obtained specifically for the purpose of receiving correspondence from you, and are being used with explicit permission for that purpose. eveni.to is not responsible for the content of emails and other messages sent to guests and to any third party by using the Services. eveni.to offers reasonable effort with respect to the delivery of your emails and text messages when using the Services. However, eveni.to offers no guarantees to the deliverability of your emails and text messages. eveni.to is not responsible for any actions of those who receive emails and/or text messages, issued by using the Services.
This Agreement is effective for an unlimited period unless and until earlier terminated as set forth herein. eveni.to may terminate this Agreement with immediate effect if you fail to comply with any of the terms and conditions described in this Agreement.
The Site and its content including the brand and the Services are protected by the respective copyright laws, and belong to eveni.to.
4. Monitoring, Information Collection and Data Usage
All actions performed while using the Services and the Site are subject to monitoring and recording by evenito. The information collected by said monitoring may be used for any legal purposes defined in this Agreement, including, but not limited to, providing cooperation with law enforcement authorities and for eveni.to’s marketing and sales activities. All user sessions, emails and text messages sent may be recorded and logged with the respective Account information, IP addresses and time/day stamps. eveni.to will not share your data (e.g. Personal Information, log in information etc.) with any third party. However, eveni.to may share information (like names of guests) with third party providers in case required in order for eveni.to to provide any additional Services you have explicitly subscribed to as part of your Services. Any collected data will be used to control the general usage of the Services and to improve the quality of Services (e.g. pricing, features) and for further marketing and sales activities.
5. Uploaded Data and Intellectual Property and Rights
You understand and agree that any content and data, which you upload, store, use, and transmit by using the Services is owned or fully legally licensed to you.
You agree and understand that eveni.to reserves complete title and intellectual property rights in the Services and the Site and in all information, writings, images and other works that you use, see, hear or otherwise experience on the Site and/or when using the Services.
6. Account – Subscription – Payments – Service Access
eveni.to’s services are billed in accordance to the personal agreements between eveni.to’s representatives and the subscriber.
7. Pricing (Service Fee) – Services
7.1. Service Fee
Once you have paid the Service Fee, eveni.to will grant you access to the Services. By paying the Service Fee, eveni.to will grant you access to use the Services as defined in the according accepted offer or in the contract.
Alteration between Service plans is available. Users that wish to switch Service plans can ‘upgrade’ current services and subscribe for a new Service. The above pricing changes are applicable for all eveni.to customers who signed up for a paid service with a new account effective 15 of Mai 2016 and onwards. For all eveni.to customers prior to this date, the change that was communicated supersedes the pricing listed herein, until communicated further.
eveni.to does provide web hosting services. The Site, its database and the Services are managed by eveni.to and hosted at Exoscale SA. in Switzerland. eveni.to shall however not be liable whatsoever for any damages incurred by or in connection with the web host service.
9. Disclaimer of Warranties
EVENI.TO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT. EVENI.TO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE CONTENT, AND ANY PRODUCT OR SERVICES FURNISHED OR TO BE FURNISHED VIA THE SITE. EVENI.TO DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. EVENI.TO DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EVENI.TO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND THE CONTENT ARE ONLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOWEVER EVENI.TO DOES ITS BEST TO GUARANTEE A SMOOTH AND STABLE FUNCTIONALITY OF ALL SERVICES.
10. Limitation of Liability
BECAUSE THE APPLICABLE LAW MIGHT NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH CASE, EVENI.TO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, BUT SHALL, IN NO EVENT, EXCEED CHF 100.00 (ONE HUNDRED SWISS FRANCS) IN TOTAL.
You understand and agree that you are personally responsible for your behaviour on the Site and your use of the Services. You agree to indemnify, defend and hold harmless eveni.to, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third party information providers to the Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site and the Services, or any violation by you of this Agreement.
13. Password Security
If you open an Account and subscribe for the Services that eveni.to provides through the Site, you are responsible for maintaining the confidentiality of your identification (username) and password information, and for restricting access to your computer (including any telephone advices). You agree to accept responsibility for all activities that occur under your identification and password.
14. No Rights or License
You are granted no rights or license to any software by this Agreement. You understand and agree not to, directly, or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, remove any notices, labels or advertisement from the Site and the system. You also agree not to modify, translate, or create derivative works based on any aspect of the Site, the Services and the system. You understand that you have no rights to copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site, the Services and the system or any of its components.
15. Links to Third Party Web Sites / Linking to this Site
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by eveni.to of the third party, the third party web site, or the information contained therein. eveni.to is not responsible for the availability of any such web sites. eveni.to is not responsible or liable for any such web site or the content thereon. If you would like to link to the Site, you must follow the following guidelines: Unless specifically authorized by eveni.to, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site, and you may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
The following statement explains our policy regarding the personal information we collect about users of eveni.to Services. From time to time, you will be asked to submit personal information about yourself in order to receive or use the Services on our Site. By entering your details in the fields requested, you enable eveni.to to provide you with the Services. eveni.to takes your privacy very seriously. eveni.to does not sell or rent your contact information to other people under any circumstances. At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for law enforcement, or other issues of public importance, disclosure is necessary. You can help us by also taking precautions to protect your personal data when you are on the internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.
From time-to-time, eveni.to may also engage third parties to track and analyze usage and volume statistical information from individuals who visit eveni.to’s websites.
eveni.to explicitly agrees not to share any of your uploaded data, names, email addresses and any other personal information, relations between you and this data with any third-party in any kind.
17. Entire Agreement / No Waiver / Assignment
These terms and conditions constitute the entire Agreement of the parties with respect to the use of the Site. However, for the use of the Services, the terms and conditions might be amended. The amended terms and conditions will constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by eveni.to of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. eveni.to is entitled to assign this Agreement (including the Services) to any third party at any time without any prior notification and/or consent.
18. Correction of Errors and Inaccuracies
The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. eveni.to therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without prior notice. eveni.to does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
19. Changes to this Terms and Conditions
eveni.to may change this terms and conditions from time to time. If we change this terms and conditions at some point in the future, eveni.to will post the changes on the Site and/or send this information through eveni.to’s Newsletter and by continuing to use the Site and the Services after eveni.to has posted any changes, you accept and agree to the new terms and conditions, as modified.
Of course, the use of information gathered while the current terms and conditions – especially the current privacy statement – are in effect will always be consistent with the current terms and conditions and the privacy statement, even if we change e.g. the privacy statement later.
20. Enforcement / Governing Law / Place of Jurisdiction
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
Any and all disputes relating to this Agreement, your use of the Site, the Services, or the content are governed by, and will be interpreted in accordance with, the laws of Switzerland.
Venue for any litigation shall be Zurich, Canton Zurich, Switzerland.