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Welcome to Eventbee. Eventbee provides its software-as-a-service platform, public event registration pages,
and related technical solutions (collectively, the "Service") to you,
subject to the following Terms of Service ("Agreement" or "Terms").
BY REGISTERING FOR, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD,
AND EXPLICITLY AGREE TO BE BOUND BY THIS AGREEMENT. This includes all materials, guidelines,
or policies available on the Eventbee website incorporated by reference herein, including the Eventbee Privacy Statement.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY
TO BIND SUCH ENTITY TO THESE TERMS.
1.1 Mandatory Informal Pre-Dispute Resolution Procedure. You and Eventbee agree that most operational,
technical, or financial disputes can be resolved amicably without litigation or formal arbitration.
Before initiating any formal legal proceeding or arbitration demand against Eventbee, you agree to engage in a mandatory
good-faith negotiation period.
The Pre-Dispute Notice: You must first send a written,
dated notice of your claim (a "Pre-Dispute Notice") to Eventbee via certified mail to our
Registered Agent on file with the Texas Secretary of State. Content of Notice: The Pre-Dispute Notice must explicitly include:
(a) your full legal name, company name, and SaaS account identifier;
(b) a detailed factual description of the nature and basis of the dispute;
and (c) the specific financial or equitable remedy you are seeking. The 60-Day Evaluation Period: Following Eventbee's receipt of the Pre-Dispute Notice,
both parties shall have sixty (60) calendar days to engage in good-faith negotiations to resolve the issue.
You may not initiate any formal arbitration demand or legal filing until this 60-day notice period has completely expired.
Any formal filing initiated before this 60-day period expires shall be deemed a material breach of contract,
subject to immediate dismissal at your sole expense.
1.2 Mandatory Individual Arbitration. If a dispute remains unresolved after the expiration
of the sixty (60) day Pre-Dispute Notice period outlined in Section 1.1, all claims, controversies,
or disputes arising out of or relating to these Terms, the Service, or your use thereof,
shall be settled exclusively by final, binding individual arbitration.
The arbitration shall be conducted in Williamson County, Texas, and administered by JAMS
or the American Arbitration Association (AAA) under their streamlined commercial arbitration rules.
The arbitrator, and not any federal, state, or local court or agency,
shall have exclusive authority to resolve any dispute relating to the interpretation,
applicability, enforceability, or formation of this contract, including any claim that all
or part of these Terms are void or voidable.
1.3 MASS ARBITRATION ADMINISTRATION. If twenty-five (25) or more similar arbitration demands
are asserted against Eventbee by the same or coordinated legal counsel, you agree that the cases shall be administered in
batches of no more than ten (10) cases at a time. The arbitrator shall resolve each batch sequentially.
No filing fees, administrative fees, or arbitrator fees shall be due or payable by Eventbee for a subsequent batch until
the preceding batch has been fully resolved and concluded.
1.4 CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW,
YOU AND EVENTBEE AGREE THAT EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY.
YOU AND EVENTBEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, CONSOLIDATED,
OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate more than one person's or entity's claims,
and may not otherwise preside over any form of a class or representative proceeding unless all parties explicitly agree in writing.
1.5 Strict Forum Selection Clause. To the extent that any dispute, lawsuit,
enforcement of an arbitration award, or legal proceeding is permitted to be filed in a court of law rather
than an arbitration tribunal under these Terms (or if the arbitration provisions in Section 1.2 are found to be legally unenforceable),
both parties agree to submit exclusively to the personal jurisdiction and venue of the state courts located in Williamson County,
Texas, or the United States District Court for the Western District of Texas (Austin Division).
You hereby waive any objection to such venue based on an inconvenient forum (forum non conveniens).
1.6 Governing Law. This Agreement, along with any external or internal dispute resolutions,
shall be governed by, interpreted, and enforced in all respects in accordance with the laws of the State of Delaware,
without regard to its choice of law or conflict of law provisions.
2.1 Description of the Services. Eventbee offers online software-as-a-service (SaaS) tools
enabling event managers and organizers ("Event Managers") to create public event registration pages,
facilitate ticket distribution, connect with attendees, manage event logistics,
enable networking between members to establish business contacts, and utilize value-added tools through its website.
Eventbee acts solely as a technical service provider and platform conduit.
2.2 Membership Eligibility. You must be 18 years of age or older to register as a member of
Eventbee or use the Service. Membership is void where prohibited by law.
You agree to provide Eventbee with complete, current, and accurate contact and registration information.
If the contact information you have provided is false or fraudulent, Eventbee reserves the right to terminate
your access to the Service in addition to pursuing any other available legal remedies.
2.3 Access to Services. You must obtain access to the internet
and pay any service fees associated with such access, providing all equipment necessary to make such a
connection to the internet, including a computer and modem or other network access device.
We do not guarantee continuous, uninterrupted, or secure access to our services,
and operation of the website may be interfered with by numerous factors outside of our control.
3.1 License Grant and Restrictions. Eventbee grants you a personal, non-transferable,
non-exclusive, revocable, and terminable right and license to access and use its Software and Service via a standard web browser.
You explicitly agree that you shall not (and shall not permit any third party to):
Copy, modify, create a derivative work of, reverse engineer, reverse assemble,
disassemble, or decompile the Software or any part thereof.
Attempt to discover any source code, or sell, assign, rent, lease, sublicense,
or commercially exploit the Software.
Modify the Software in any manner or form, or use unauthorized modified versions of the Software.
Build a competing product or service using similar ideas, features, user flows, functions, or graphics.
3.2 Intellectual Property Ownership. Eventbee alone shall own all right, title, and interest,
including all related Intellectual Property Rights, in and to the Eventbee Technology, the Content, the software,
layout designs, and any suggestions, ideas, enhancement requests, feedback, recommendations,
or other information provided by you or any other party relating to the Service.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service,
the Eventbee Technology, or the Intellectual Property Rights owned by Eventbee. The Eventbee name, eventbee.com,
the Eventbee logo, and the product names associated with the Service are trademarks of Eventbee or its partners,
and no right or license is granted to use them.
4.1 Role of Parties & Compliance Warranties. If you use the Service as an Event Manager,
you acknowledge and agree that you act as the sole Data Controller regarding any event attendee data collected through the Service.
Eventbee acts strictly as a Data Processor facilitating data collection on your behalf. You represent, warrant,
and covenant that you shall comply with all applicable domestic and international laws, statutes, ordinances,
and regulations regarding your use of our service, including obtaining and maintaining all necessary rights, licenses,
clear prior explicit consents, and permissions required under applicable privacy laws
(including but not limited to the California Invasion of Privacy Act (CIPA),
California Consumer Privacy Act (CCPA), and Texas Data Privacy and Security Act (TDPSA)) to collect,
track, upload, and process event attendee personal data using the Service.
To the extent that Eventbee processes any personal data of European Union (EU),
European Economic Area (EEA), or United Kingdom (UK) data subjects on behalf of the Event Manager,
the parties agree to be bound by the terms of the Eventbee Data Processing Addendum,
which is hereby incorporated by reference and available at DPA.
4.2 Prohibited Data Types. Event Managers are strictly prohibited from using the Service to request,
collect, or store any sensitive personal data, including but not limited to: social security numbers,
driver's license numbers, passwords, health or medical information (including HIPAA-regulated data),
protected health status, biometric data, or raw payment card data within custom form fields.
All payment data must go exclusively through designated, integrated third-party Payment Gateways.
Eventbee assumes no liability for prohibited data collected by Event Managers.
4.3 Mandatory Event Manager Disclosures. Event Managers must post an active link to their
own legally compliant Privacy Policy and attendee refund/cancellation terms on every public-facing event page
built using the Service.
4.4 Security and Storage of Data. The security of your Data may be maintained through
the use of data encryption, data security protocols, passwords, and other methods which Eventbee may employ.
However, you agree that Eventbee has no responsibility or liability either for the deletion
or failure to store any Data transmitted by you or anyone else to the Services, or the operation, failure,
or weakness of any data encryption or data security protocols. You, not Eventbee,
shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness,
and intellectual property ownership of all Customer Data. Upon termination of your account, your right to access
or use Customer Data immediately ceases, and Eventbee shall have no obligation to maintain or forward any Customer Data.
5.1 General Responsibilities. You are responsible for all activity occurring under
your User accounts and shall abide by all applicable local, state, national, and foreign laws, treaties,
and regulations in connection with your use of the Service, including those related to data privacy, wiretapping,
international communications, and the transmission of technical or personal data.
You shall:
Notify Eventbee immediately of any unauthorized use of any password
or account or any other known or suspected breach of security. Report to Eventbee immediately and use reasonable efforts to stop immediately any copying
or distribution of Content that is known or suspected by you or your Users. Not impersonate another Eventbee user or provide false identity information to gain access to
or use the Service.
5.2 Content Posted on the Site.
You are solely responsible for the content, messages, photos, text,
or profiles (collectively, "Content") that you publish, display, or post on the Service,
or transmit to other users or attendees. You understand and agree that Eventbee may review and delete any Content that,
in the sole judgment of Eventbee, violates this Agreement, or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of others. If you contribute or make available any Content to the Site ("Your Content"),
whether as an Event Manager, buyer, or otherwise, you hereby grant to Eventbee a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use,
reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform,
display, and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed,
for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content.
You represent and warrant that you have all the rights, power, and authority necessary to grant the foregoing license,
and that all Your Content does not infringe, violate, misappropriate, or otherwise conflict with the rights of any third party.
Eventbee reserves the right to remove any of Your Content from the Site at any time for any reason or no reason.
6.1 Third-Party Tracking and Analytics Integrations.
The Service allows Event Managers to integrate their own third-party tracking scripts, tags,
or pixels (including but not limited to Google Analytics, Meta/Facebook Pixels, and TikTok Pixels)
onto public-facing event pages. By deploying any third-party tracking script,
the Event Manager represents and warrants that they have provided legally sufficient notice to,
and obtained all necessary explicit, prior consents from, event attendees as required by applicable laws (such as CIPA).
Eventbee provides automated tools to hold these scripts until attendee consent is given,
but the Event Manager remains fully responsible for compliance.
6.2 Connected Payment Gateways.
The Service allows Event Managers to connect their independent payment processing accounts
(e.g., Stripe, PayPal) ("Payment Gateways") to collect ticket revenues directly from attendees.
Eventbee is not a party to, and has no control over, the financial transactions
or relationship between the Event Manager and the Payment Gateway.
6.3 Exclusive Financial Liability. The Event Manager is the sole merchant of record.
The Event Manager assumes 100% financial and legal liability for all ticket sales, refunds, transaction fees,
processing errors, fraudulent transactions, and bank chargebacks.
Eventbee cannot access the Event Manager’s Payment Gateway to issue refunds, reverse fees,
or arbitrate financial disputes, and shall not be held liable for any processing disruptions or financial losses.
Any terms, conditions, warranties, or representations associated with Event Manager, Partner, Sponsor,
or Advertiser services (collectively, "Third Parties"), is solely between you and the applicable Third Party.
7.1 Ticket Sales and Disputes. All ticket sales, registrations,
and transactions are strictly between the Attendee and the Event Manager.
Any and all disputes, claims, or requests regarding ticket refunds, event cancellations, venue changes,
or event quality must be resolved directly between the Attendee and the Event Manager.
7.2 Total Exclusion of Eventbee. Eventbee is not a party to the event transaction,
does not hold event registration funds, and will not participate, arbitrate,
or involve itself in any dispute resolutions, customer service claims,
or chargeback management between attendees and Event Managers.
Event Managers shall not direct attendees to Eventbee for refund, performance, or cancellation disputes.
8.1 Sign-up Fees. Registering for a basic Eventbee membership account is free.
Eventbee reserves the right to charge for the Eventbee Service or any portion thereof,
modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice.
8.2 Eventbee Service Fees. If you are using the Service as an Event Manager,
by registering for and using the service, you agree to pay Eventbee the then-current service charges set by
Eventbee for use of the service. Payments shall be due and payable upon receipt of the invoice setting forth such charges.
Invoices are sent monthly for service charges incurred in the previous month.
Non-payment of invoices results in account suspension, penalties, or termination as described in the invoice or user portal.
9.1 Termination Without Cause. You may terminate your membership at any time,
for any reason, by ceasing usage and closing your account. You agree that Eventbee may,
with or without cause, immediately terminate your Eventbee membership and access to the
Eventbee service without prior notice. You agree and acknowledge that
Eventbee has no obligation to retain your Data, and may delete such Data,
immediately after termination.
9.2 Termination for Cause. Any breach or unauthorized use of the
Eventbee Technology or Service will be deemed a material breach of this Agreement.
Eventbee, in its sole discretion, may terminate your password, account,
or use of the Service if you breach or otherwise fail to comply with this Agreement.
10.1 GENERAL WARRANTY DISCLAIMER. EVENTBEE AND ITS LICENSORS MAKE NO REPRESENTATION,
WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY,
OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. EVENTBEE AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED,
OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA,
(B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(E) ERRORS OR DEFECTS WILL BE CORRECTED,
OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.
ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS,
ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 INTERNET DELAYS. EVENTBEE SERVICES MAY BE SUBJECT TO LIMITATIONS,
DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
EVENTBEE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
11.1 LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
IN NO EVENT SHALL EVENTBEE'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE
(12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
11.2 EXCLUSION OF DAMAGES. IN NO EVENT SHALL EVENTBEE
AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE,
INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED
FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE
IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS
HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.1 User Indemnification Obligations. You agree to indemnify, defend,
and hold Eventbee, and (as applicable) our parent companies, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees
and statutory damages, made by any third party due to or arising out of:
Your breach of this Agreement or the documents it incorporates by reference. Your violation of any local, state, national, or international privacy or wiretapping laws (including CIPA). Tracking technologies, analytics scripts, or tracking pixels injected into the Service by you. Your violation of the rights of any third party, including attendees or buyers.
13.1 Delivery of Notices. Except as explicitly stated otherwise,
any formal legal notices to Eventbee shall be delivered by certified postal mail
(postage prepaid and return receipt requested) to:
Eventbee, Attn: Legal Department, Leander, Texas, USA
13.2 Notices to Users. Notice to you shall be given to the
email address you provide to Eventbee during the registration process.
Notice shall be deemed given 24 hours after the email is sent,
unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid
and return receipt requested, to the physical address provided to Eventbee during registration.
In such a case, notice shall be deemed given 3 days after the date of mailing.
14.1 Modifications to Agreement. Eventbee reserves the right to modify the terms
and conditions of this Agreement or its policies relating to the Service at any time,
effective upon posting of an updated version of this Agreement on the Service interface.
You are responsible for regularly reviewing this Agreement.
Continued use of the Service after any such changes shall constitute your absolute consent to such updates.
14.2 Severability. If any provision of this Agreement is held by a court
or arbitrator of competent jurisdiction to be invalid or unenforceable,
such provision shall be modified to reflect the parties' original intent,
and the remaining provisions of this Agreement shall remain in full force and effect.
14.3 Assignment. This Agreement and all incorporated agreements
may be automatically assigned by Eventbee in its sole discretion to an affiliate
or in connection with a merger, acquisition, or sale of assets, without your prior written consent.
You may not assign this agreement without Eventbee's explicit written approval.
14.4 No Waiver. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
14.5 Entire Agreement. This Agreement, together with the Eventbee Privacy Statement
and any applicable active Order Form, comprises the entire agreement between you
and Eventbee and supersedes all prior or contemporaneous negotiations, discussions,
or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
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