General terms and conditions for event organizers

Stand: January 19, 2021

1. Preamble

doo GmbH, Hultschiner Straße 8, 81677 Munich, Germany (hereinafter "doo") provides a platform for event management. These General Terms and Conditions for Organizers (hereinafter “GTC for Organisers”) apply to the use of the platform by an organizer and the provision of supplementary services. An individual agreement between the parties may take precedence over these GTC. The GTC for participants apply to the use of the platform by participants for booking events.

2. Use of the Platform

doo provides the organizer with the platform for use via the Internet as SaaS (Software as a Service). doo grants the organizer the worldwide, non-exclusive, non-transferrable, non-sublicensable right to use the platform as intended for the term of the contract. The organizer may only use the platform within the framework of the contractual provisions. The platform will not be transferred to the organizer. The organizer does not receive any rights to the source code of the software. The organizer may only use the platform for his own purposes for the management of his own events, unless otherwise agreed. Not included is the use of the platform for third parties, for example as a service provider or any other transfer or mediation of use to third parties. With the express consent of doo, the platform can be used by the organizer for a third party (e.g. for affiliated companies). The organizer is entitled to have the platform used by its own employees or by a third party commissioned (e.g. an agency). If used by a third party, this third party is obliged to comply with the provisions of this contract. Unless otherwise agreed or required by mandatory law or applicable open source software terms of use, the organizer is not entitled to change, reverse engineer, decompile the platform, disassemble or otherwise attempt to decipher any object or source code of the Platform. Reproduction that goes beyond what is necessary for use is not permitted. doo is entitled, but not obliged, to continuously develop the platform and will only make the platform available to the organizer in the current version. This only applies if the change is reasonable for the organizer. The right to use the platform also extends to fixes, patches, developments and updates. The right to use such updates granted to the organizer does not include any right to use new/additional products and functionalities that are made available as a separate product/module.doo provides the platform and detailed documentation of the platform in electronic form in German and English . The platform is optimized for use on the current versions (still supported by the manufacturers) of the common web browsers Edge/Internet Explorer, Safari, Chrome and Firefox. The platform may contain open source software components. The use of these components is exclusively subject to the corresponding terms of use of the open source software components, which are transmitted and/or referenced as part of the open source software components. No provision of this contract affects the rights or obligations of the organizer from the corresponding terms of use of the open source software components. In the event of contradictions or conflicting provisions of the license terms of the open source software and the provisions of this contract, the license terms of the open source software take precedence. The organizer is obliged to keep his password secret. doo will not pass on the password to third parties and will never ask the organizer for his password. In the event of misuse or suspected misuse of the customer account, the organizer is obliged to inform doo immediately. The organizer also assures that the information provided during registration is truthful, current and complete, that this information is permanently complete and up-to-date, that it can always be reached under the contact details provided for both doo and participants and that inquiries are answered immediately, usually within one working day , reacted.

3. Availability, Support

doo guarantees an availability of the platform of 99% on an annual average. Excluded from this are times when the server cannot be reached due to other technical problems that are beyond doo's sphere of influence (in particular force majeure, fault of third parties). Also excluded are previously announced maintenance work and maintenance work (e.g. software updates) outside of the support hours (Monday to Friday, taking into account the public holidays at doo's headquarters, between 9:00 a.m. and 6:00 p.m.). be reported by the organizer immediately after becoming known. doo will endeavor to ensure a response time of four hours (during support hours) for the start of troubleshooting for reports of system availability disruptions that lead to a total failure of the platform and that are received within the support hours. In the case of minor errors that do not lead to a total breakdown of the platform and occur during ongoing operation, doo will endeavor to react no later than one working day after receipt of the error message. In the case of fault reports that are received outside of support hours, the fault clearance begins on the following working day. Delays in fault clearance for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side or late reporting of the fault) are not counted towards the fault clearance time.

4. Events

doo itself is not the organizer of the events offered. These are always offered and carried out by the organizer. The contract concluded via the platform for participation in an event is concluded exclusively between the organizer and the participant in the event or the purchaser of the tickets for the event (hereinafter referred to as “participant”). It must always be obvious to the participant with which organizer he is entering into a contract. The organizer must therefore always state his exact name (full company name including legal form and summonable address) and provide the participant with contact details with which the participant can contact the organizer directly as part of his offer of tickets for his events. The organizer is obliged to answer inquiries from participants immediately. All information provided by the organizer about the event must be correct and not misleading. The organizer is responsible for the offer of the respective event and in particular for ensuring that the content made available by him on the website on which the event is offered on the platform violates neither legal regulations nor the rights of third parties. In particular, the organizer is obliged (i) not to offer any events and/or to make any content available, transmit, save, link or otherwise refer to content that is pornographic or violates youth protection laws, is implicitly or explicitly sexual is lewd, glorifies violence, violates personal rights, is threatening, abusive, harassing, slanderous, fraudulent, vulgar, obscene, hateful, left-wing or right-wing extremist in nature or that encourages or encourages violations of laws, (ii) not to offer events and/or content to make available, transmit, save, link or otherwise refer to content that infringes the rights of third parties, in particular personal rights, trademark rights, trademark rights and copyrights, patents, design and utility models and trade secrets, and ( iii) no harmful prog ram (such as B. viruses), to transmit, to save, to link or to refer to harmful programs in any other way. The platform may only be used to advertise your own events and to offer tickets for your own events. The advertising and/or resale of tickets for third-party events and the implementation of other activities, such as the advertising of other goods or services, the organization of sales promotion measures for other goods and services and the implementation of sweepstakes, etc., are prohibited. It is incumbent the responsibility of the organizer to inform the participants about the changes/cancellation as well as the process of any reverse transactions in the event of changes to the offer at an event (e.g. change of location or event period) or cancellation of an event. Furthermore, the organizer is obliged to update the offer immediately.

5. Booking conditions, information requirements and data protection information for participants

As part of the offer of the event, the terms and conditions for participants of doo are displayed in their current version. When creating an event, the organizer has the option of storing or linking his own booking conditions/terms and conditions for participants in addition or as a supplement. These are then displayed to the participant when the tickets are offered. The organizer can, for example, regulate details on cancellation and refunds etc. in their own booking conditions for participants. The organizer is obliged to check whether the terms and conditions for participants of doo are suitable and sufficient for the respective event or whether he would like to supplement them with his own booking conditions. In the event of contradictions between the general terms and conditions for doo participants and the organiser's own booking terms and conditions, these general terms and conditions for doo participants take precedence. If the organizer uses his own booking conditions instead of doo's terms and conditions for participants, he must ensure that the regulations governing the relationship between the participant and doo are essentially unchanged. The organizer is responsible for fulfilling all legal information obligations, including instructions on the right of withdrawal. In particular, the organizer is also responsible for providing an imprint and data protection information that satisfies the legal requirements in accordance with Art activate or deactivate the booking portal, where participants can access the data for their booking via a link, at their own discretion. The organizer is responsible for assessing whether the booking portal guarantees a level of protection appropriate to the risk in view of the respective event, the participant data requested during registration and retrievable in the booking portal. The organizer is obliged to inform the participants about the processing of their personal data by the organizer as the person responsible for booking and participation in the event. The organizer is responsible for fulfilling the legal information obligations with regard to the personal data of the participants collected on behalf of the organizer. The organizer must provide the participants with all the information required to fulfill the information obligations and/or obtain the necessary consent. As part of the event offer, doo's data protection information is displayed. The data protection information from doo contains, among other things, exemplary information on the processing and protection of the data of the participants by the organizer when booking and participating in an event. The organizer is obliged to check whether the data protection information from doo is suitable and sufficient for the respective event or whether he would like to supplement or replace it with his own data protection information. The data protection information from doo represents a non-binding wording proposal with regard to the exemplary information on the processing and protection of the data of the participants by the organizer when booking and participating in an event, are not to be understood as legal advice in individual cases and are not intended to replace legal advice in individual cases. doo cannot guarantee that the data protection information in this regard is always comprehensively suitable for every event and for every application of the platform and assumes no liability for legal conformity.

6. Paid Events, Processing of Payments

The organizer can offer free and chargeable events. The organizer defines the ticket price when creating an event. The organizer has the possibility to define different ticket categories with different ticket prices. doo creates the invoices to the participants for the organizer. Unless otherwise expressly agreed in writing, these are made available to the participants electronically. doo shows the sales tax to be paid by the organizer when invoicing the participant of an event, provided that the organizer is subject to sales tax. Corresponding information must be provided by the organizer when creating the event. The organizer is responsible for the correctness of this information. In the case of paid events, the participant can choose between various payment options offered as part of the booking. The participant's payments to the organizer are processed by the organizer itself or by a licensed payment service provider on the basis of a separate payment service contract brokered by doo. doo is not involved in the payment processing and is not itself a party to the payment service contract. The organizer agrees to the transfer of the data required for payment processing (name, account number, payment information) to the payment service provider. Unless otherwise expressly agreed, doo does not accept any reverse processing of ticket prices paid by participants. This applies in particular to the cancellation of an event or changes to the event location, time or content by the organizer, even if the organizer is not responsible for the reasons for this. This also applies to any type of revocation, withdrawal or change of orders by the participant. The refund of paid ticket prices is the responsibility of the organizer. In the event of a successful reclaim of the ticket price by a participant via the respective payment service provider at doo, the organizer will bear the costs (fees of the respective payment service provider and/or administrative effort at doo) and doo will invoice these costs Send payment reminders to participants who have not paid. Details are regulated in the documentation in the help center of the platform. In addition, there are no further measures or automatic processes, in particular doo does not offer any dunning or debt collection. Enforcing unpaid ticket prices is the responsibility of the organizer.

7. Fees and Billing

The service fees charged by doo for the use of the platform and other services are specified in the offer or order. If no fees have been specified, for example with a test account, the organizer will be charged 4.9% of the ticket price ( plus VAT) will be charged as a service fee. In this case, invoicing takes place retrospectively every calendar month. doo provides the organizer with the invoices for the service fees in electronic form by e-mail to the e-mail address stored in the account as a contact. Invoices are payable within 14 days of the invoice date without discount or to pay other deductions. Unless otherwise agreed, the indication of a purchase order number on the invoice is not a prerequisite for the payment obligation. In the event of a delay in payment, interest on arrears will be charged at the statutory rate. In the event of default, doo is entitled to block the organizer's access to the platform and to deactivate current event offers, provided that no payment has been made after the expiry of a period of one calendar week after the due date set for the organizer. doo will notify the organizer of the forthcoming blocking in advance, setting a further deadline of one calendar week. In this case, the organizer remains obliged to continue to pay ongoing service fees plus any default interest. The prices quoted do not include sales tax or other taxes. If necessary, the organizer will be billed for these separately. If the organizer has to pay a proportionate or percentage service fee to doo for paid events, the organizer instructs the payment service provider to collect the total price of the booking from the participant and the ticket price paid by the participants for to keep the organizer in trust. The organizer also instructs the payment service provider to pay the fees paid by the participants to the organizer less the service fee to be paid to doo and to pay the service fee to doo. These instructions to the payment service provider are issued via the platform. Pro rata or percentage service fees for tickets sold via the platform also apply if a booking is reversed, provided that doo is not responsible for the reasons for this.

8. E-Mail-Policy

The platform can be used for the purpose of advertising events to send emails. doo attaches great importance to legally compliant e-mail marketing. The e-mail policy regulates the legally compliant use of the functionality provided by doo for e-mail communication. The e-mail policy is expressly included as part of the contract.

9. Privacy

doo is aware that a particularly sensitive handling of personal data that users transmit to doo is extremely important to the organizer. doo of course observes all relevant legal data protection regulations. If the organizer creates an account for using the platform, doo collects and processes the personal data provided during registration as the person responsible. doo collects and processes this data in order to enable the organizer to use the platform. Details on data collection and processing can be found in the data protection information. The data of the participants in an event who register for an event via the doo event management platform or whose data is processed in another form using the platform which were collected "onsite" at an event), and the data of the addressees of marketing campaigns, for example the list of addressees of e-mail marketing campaigns that an organizer sends via the doo event management platform, and others Data that an organizer stores for processing in the doo event management platform is processed by doo as a processor on behalf and on the instructions of the organizer. This order processing is regulated in our order processing agreement. The order processing agreement is part of the contract between the organizer and doo and is expressly included in the contract by the parties.

10. Confidentiality

Each of the parties undertakes to keep all information received within the framework of the contractual cooperation that (a) is marked as "confidential" or "secret" or with an equivalent note or is verbally designated as confidential; (b) is to be considered confidential because of its content; or (c) derived from Confidential Information that has been provided; to be used exclusively for the purposes of contractual cooperation, to be treated confidentially and to be protected from unauthorized third parties. This confidentiality obligation is to be imposed on all persons who are entrusted with the implementation of this contract. Excluded from the confidentiality obligation is information that (a) is publicly accessible or subsequently became publicly accessible or was already known to the other party when the contract was concluded; (b) was independently and independently developed by the other party; (c) was disclosed to the other party by a third party who is not subject to a confidentiality obligation, or (d) must be disclosed due to legal provisions or official or court orders (in this case the affected party must be informed immediately).

11. Limitation of Liability, Indemnification

doo is liable for simple negligence, both for its own behavior and for behavior attributed to it, only if essential contractual obligations (cardinal obligations) are violated. In this case, liability is limited to the contractually typical and foreseeable damage. Significant contractual obligations are those obligations whose breach jeopardizes the achievement of the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on whose observance the organizer regularly relies doo is only liable in the event of intent and gross negligence. Guarantees of quality or durability are not applicable unless otherwise stated in the respective guarantee agreement. If the organizer violates his obligation to properly back up data, doo is liable within the framework of the above provisions The liability limitations of this Section 11 also apply to claims against executives, employees, other vicarious agents or subcontractors of doo.The organizer releases doo from all claims, including claims for damages, which other users or other third parties assert against doo due to an infringement of their rights by the content posted by the organizer on the doo websites. The organizer also exempts doo from all claims, including claims for damages, which other users or other third parties assert against doo due to the infringement of their rights through the use of the services of the doo websites by the organizer. The organizer assumes all reasonable costs incurred due to an infringement of third-party rights, including reasonable costs incurred for legal defense. All further rights and claims for damages by doo remain unaffected. The above obligations of the organizer do not apply if the organizer is not responsible for the infringement in question of this claim or cause of action must be asserted. Otherwise they are statute-barred.

12. Duration and termination of the contract, blocking of the account

The term of the contract for the use of the platform is specified in the respective offer or order. The right to extraordinary termination if there is an important reason remains unaffected. Unless a fixed term has been agreed, either party can terminate the contract for the use of the platform at any time without giving reasons. Claims for service fees that have already arisen at the time of termination remain unaffected by termination. In the event of violations of these terms and conditions and other contractual obligations or if there is a reasonable suspicion in this regard, doo can temporarily block the account of an organizer and/or certain offers of events. The block will be lifted when the violation has been remedied or when the suspicion has been dispelled.

13. Final Provisions

doo has the right to change these terms and conditions for organizers at any time or to add regulations for the use of any newly introduced additional services or functions of the platform. The organizer will be informed of the changes and additions to the GTC for organizers by e-mail to the e-mail address stored in the account as a contact at least four weeks before the planned entry into force. The organizer's consent to the change of the GTC for organizers is deemed to have been granted if the organizer does not notify the change in text form (e.g. letter, fax, e-mail) within a period of two weeks, starting on the day following the announcement of the change. contradicts. doo will point out the possibility of objection, the deadline for the objection, the text form requirement and the meaning or the consequences of not objecting in the announcement of the change. doo is entitled to name the organizer as a reference, if this is the case Mention has not expressly objected in writing. This authorization refers to marketing documents, doo's website and other online and offline publications and also includes the use of the logo, brands and company name of the organizer. The contract and its changes must be in writing. There are no side agreements. Unless otherwise agreed, the organizer can send all declarations to doo by e-mail or by letter. doo can send declarations to the organizer by e-mail to the e-mail address that the organizer has given as the current e-mail address in his organizer profile. E-mail address and other organizer data can be updated at any time in the organizer's doo account. Should individual provisions of these General Terms and Conditions for organizers be or become invalid, this will not affect the validity of the remaining provisions. The contracting parties undertake to replace an ineffective provision with an effective provision that comes as close as possible to the economically intended sense and purpose of the ineffective provision in terms of its content. The same applies to gaps in the contract. The place of performance is doo's registered office. The place of jurisdiction is doo's registered office to the extent permitted by law. German law applies, excluding international private law and the UN Sales Convention.