GENERAL TERMS & CONDITIONS

The website or URL eventpage.ai (including the associated subdomains such as e.g. partypage.ai, weddingpage.ai, corporate.ai and sportpage.ai, hereinafter collectively referred to as “EVENTPAGE.AI“) is operated by eventpage.ai GmbH (hereinafter referred to as “we” or “us“) with the business address Franz-Joseph-Straße 1, 80801 Munich, represented by the two managing directors Lasse Schmitt and Julian Wendorf. The services we offer in direct connection with EVENTPAGE.AI are hereinafter collectively referred to as the “Service“.

These General Terms and Conditions (hereinafter referred to as “GTC“) govern the use of the Service with regard to the customers concerned (hereinafter jointly and individually referred to as “Users“). Users can be consumers within the meaning of § 13 BGB (German Civil Code) who have reached the age of 14 (whereby persons limited in their legal business capacity, in particular persons under 18 years of age, require the consent of their legal representative according to § 107 BGB, unless there is a case of § 110 BGB), as well as entrepreneurs within the meaning of § 14 BGB.

By registering with (see below) and using EVENTPAGE.AI and/or the Service, the User agrees to these Terms and Conditions and accepts them in their current version; however, any deviating terms and conditions of the Users shall not apply under any circumstances.

Scope of Service

As part of the Service, EVENTPAGE.AI offers its Users an online platform for the individual creation, design and management of so-called event websites for the promotion and management of their own events (hereinafter referred to as “Events“). The User can use the Service to invite guests to his (***) planned events, manage the corresponding guest lists and communicate with his guests, among other things.

The Service includes, in particular, the provision of so-called “online tools”, i.e. without prior separate installation, but software applications that can be used directly via an Internet browser, which are based, among other things, on generative artificial intelligence (such as the online tool “ChatGPT” from the software provider OpenAI). These online tools can be used by the User for the individual creation and design of visual content consisting of texts, images, photos, graphics, moving images, etc. (hereinafter referred to as “Eventflyers“), as well as for the guest list management associated with the respective Events, i.e. in particular guest communication and guest invitations (hereinafter referred to as “Eventmanagement“) as well as for the online advertising of the Events (hereinafter referred to as “Eventpromotion“).

The respective individual range of functions of the Service depends on the service package that the User selects or puts together on EVENTPAGE.AI and which can be of a free or fee-based nature, e.g. freemium, Professional V1/V2, etc. (hereinafter referred to as “Eventpackage“).

User-Account & Registration

In order to use the Service, Users must register on EVENTPAGE.AI with a user account (hereinafter referred to as “Account“). For this registration, at least the provision of a valid email address and/or valid mobile phone number, a security password and a username (i.e. real name or fantasy name) as well as – optional – the upload of an individual profile picture are required. Before completing their Account registration, Users have the opportunity to read, print, download or save the GTCs. 

The access to the Service granted to the User by means of the Account is personalized, i.e. intended exclusively for the respective User. It is prohibited to pass on the access data for the Account without our prior express consent. We reserve the right to block or delete the username and/or the Account at any time if the display name and/or the use of the Account expresses offensive, insulting, inflammatory, discriminatory, pornographic, sexist, extremist or similar content or tendencies or if it violates the GTCs, the protection of minors or other legal provisions or official requirements, or if there is reason to believe  that the use of the username and/or Account infringes the rights of third parties or otherwise infringes them in an unlawful manner (e.g. through unauthorized use of brand or company names or copyrighted works, etc.).

In any case, the User is responsible for his or her own internet costs associated with the use of EVENTPAGE.AI and/or the Service, including any costs for a mobile phone provider in the case of mobile use. Furthermore, the User has no claims or demands whatsoever for a permanent, let alone consistently smooth availability of EVENTPAGE.AI and the Service and the Account, in particular under certain circumstances and for reasons not attributable to us, technical malfunctions, loading times, server failures or maintenance work (etc.) may occur to the usual and reasonable extent.

Intellectual Property & user generated content

All content provided and created on EVENTPAGE.AI in the context of the use of the Service by us and third parties associated with us (e.g. our licensors), respectively websites for “stock footage”, or generated by means of the above-mentioned online tools, including but not limited to the Eventflyers and other texts, images, graphics and designs (hereinafter referred to as “Eventpage-Content“) are our intellectual property and/or the intellectual property of our respective licensors or the relevant third parties (in particular on the basis of applicable copyright, trademark, ancillary copyright and personality rights, etc.).

The Eventpage-Content may in general only be used by Users within the framework of the Service and, in particular, only within the framework of the respective Eventpackage for Eventmanagement and Eventpromotion; any further commercial or non-commercial use, in particular the reproduction, publication, making available to the public, editing, translating, storing, archiving, processing, reproduction or distribution (etc.) of the Eventpage-Content, e.g. via other websites or internet platforms, by means of data carriers, databases or other electronic media or storage media and systems (e.g. Internet, web server, etc.) without our prior express consent, is not allowed.

If and to the extent that the contents generated by the user via his Account on EVENTPAGE. AI are not based on Eventpage-Content but represent so-called “user-generated content” (i.e. content that the User has created himself or obtained from third parties and then contributed to the use of the Service via his Account, hereinafter referred to as “Account-Content“), the User acknowledges and accepts that we will further use and commercially exploit the Account-Content within the framework of the Service without any restrictions. In particular, we reserve the right and are entitled without restrictions to access the Account-Content and to offer it and make it available to other Users within the Service as part of free or paid Eventpackages on EVENTPAGE.AI – e.g. in the form of templates for Eventflyers.

It is solely the responsibility of the User to ensure that any rights of the User, other Users and any third parties (e.g. personal rights, copyrights, trademark rights, ancillary copyrights, etc.) embodied in the Account-Content are available for such unrestricted further use and exploitation by us, and by uploading the Account-Content the User transfers to us the freely transferable and unlimited (in time, territory and content) right to use and exploit it as part of the Service on EVENTPAGE.AI, including the (in each case commercial and non-commercial) reproduction, distribution, making available to the public, performance, broadcast, transmission, re-transmission, playback, editing and rearrangement by means of any and all digital and physical media, channels (e.g. social media, stock footage platforms, etc.) and formats (e.g. PDF, JPEG, interactive graphics, visual or audio-visual file formats, NFTs, etc.) including (but not limited to) websites and platforms of all kinds, both for stationary and mobile devices.

Liability

In general, the User is responsible for the lawful use of his access data and his Account (in particular actions and declarations made via the Account). In this respect, the User is legally responsible and liable to us, to other Users and towards third parties for the legality of all Account-Content, respectively its contractual use and distribution via EVENTPAGE.AI by us and other Users, and must ensure that Account-Content in this context does not violate applicable law (in particular the protection of minors and criminal law) or violate our rights or the rights of other Users and third parties (in particular copyright, ancillary copyright, trademark and personal rights).

Upon first request, the User indemnifies us against all claims and claims of third parties (as well as all associated legal fees and/or court costs on an RVG or GKG basis) that arise directly or indirectly from an unlawful and/or non-contractual use of his Account (including the access data and Account-Content). This does not apply – from a civil law point of view – if and to the extent that the User proves that he is not responsible for the unlawful and/or non-contractual use of the Account. Any liability on our part due to unlawful and/or non-contractual use of the Account by the User and/or unauthorized third parties is hereby excluded vis-à-vis the User and the other Users.

We do not assume any liability for the topicality, correctness, completeness or quality of the Eventpage-Content. The use of the Eventpage-Content and the Service is at the User’s own risk, in particular at the user’s own legal liability risk. In the context of the use of the Service, including Eventmanagement and Eventpromotion, the User is obliged to comply with the relevant statutory provisions and other legal frameworks, in particular in the area of data protection and any anti-spam laws as well as the protection of minors and criminal law, copyright law, ancillary copyright law, trademark law and personal rights (etc.). In particular, we assume no liability for Account-Content, the content of guest communication and for the handling of the personal and other data of guests and other Users registered on EVENTPAGE.AI by the respective User.

The User acknowledges and accepts that content shared via his account on EVENTPAGE.AI may be made available to a larger or indefinite group of people. Due to the technical storage and reproduction possibilities of the medium “Internet”, once content has been disseminated, it cannot simply be completely deleted from all sources accessible on the Internet, despite subsequent deletion. The User is aware of this significance and agrees in particular that this may easily lead to the dissemination and/or storage of such shared content by third parties that goes beyond EVENTPAGE.AI and may not be completely reversible. In this respect (i.e. in particular beyond the scope of our privacy policy), we are under no obligation to prevent or reverse such storage.

IMPORTANT NOTE: The User is responsible for his own Event (i.e. the actual event managed and advertised via EVENTPAGE.AI and the Service, for which the Eventflyer in particular is created) in all respects, especially from a legal point of view. Under no circumstances do we assume any liability whatsoever for the eventual occurrence, the smooth process, the feasibility, the success and other actual circumstances relating to the Event, such as event costs, occurrence of damages and possible violations of law (etc.). The foregoing also applies to the participation of Users in the Events of other Users.

Incidentally, we are not liable for damages caused by force majeure, war, terrorist or natural disasters or other events for which we are not responsible (e.g. strikes, lockouts, power outages, traffic disruptions, pandemics, public sector orders, etc.). In addition, we are only liable in the event of a breach of any guarantee or material contractual obligation (the fulfilment of which is necessary for the proper execution of the contract and on the observance of which the User regularly relies or may rely) and within the framework of mandatory statutory regulations (e.g. German Product Liability Act). Furthermore, our liability is limited to intent and gross negligence as well as to damages based on injury to life, body or health. In the event of a breach of essential contractual obligations due to slight negligence on our part, the liability is limited to the amount of the damage foreseeable at the time of conclusion of the contract (i.e. the occurrence of which can typically be expected). Insofar as our liability is excluded or limited, this also applies to our employees, freelancers, representatives, vicarious agents and assistances.

Data Protection

The protection and security of personal data is important to us. The collection, processing and use of Users’ personal data is carried out in accordance with our  privacy policy, which can be accessed here, and the applicable data protection regulations.

In the context of the purchase, respectively the payment of paid Eventpackages, Users and Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland, may also be subject to the latter’s additional terms and conditions and/or privacy policy:

https://stripe.com/de/legal/imprint
https://stripe.com/de/privacy
https://stripe.com/en-de/privacy
https://stripe.com/de/cookie-settings
https://stripe.com/en-de/cookie-settings

We will endeavor to link to these additional terms and conditions and/or privacy policy on EVENTPAGE.AI, however, we assume no liability for their accuracy, completeness, applicability and/or topicality.

Amendments

We reserve the right to change the GTCs at any time (at our sole discretion). If changes are made to the GTCs that could affect the interests of the Users, we will inform the Users by email (and/or SMS if the User has provided a valid mobile phone number) at least two (2) weeks before the relevant GTC changes come into force. If Users do not object to the validity of the new terms and conditions within two (2) weeks of receipt of such information email/SMS, the amended terms and conditions shall be deemed to have been agreed between us and the Users concerned for their further use of EVENTPAGE.AI and the Service (we will point out the aforementioned 2-week period and its meaning and scope to the Users again in the information email/SMS). In the event that Users object to the announced changes within the 2-week period, we reserve the right to delete the accounts in question (but only after the expiry of any ongoing paid event packages purchased in accordance with the previous version of the GTCs). If significant changes are made to the GTCs, we are free to make the further use of EVENTPAGE.AI and the Service by the affected Users dependent on a prior, explicit consent to the new GTCs via opt-in solution.

Paid Service

The presentation of our fee-based Eventpackages does not in itself constitute a legally binding contractual offer within the meaning of §§ 145 et seq. BGB, but is to be understood as a virtual showroom for the Service we offer. Users can add paid Eventpackages to the shopping cart on Eventpage without obligation and further adjust, add to or cancel their purchase at any time before sending the order. Users only place a legally binding order in the sense of a contractual offer for the Eventpackages in the shopping cart at the prices (and, if applicable, fees) specified by us by clicking on the order button. Users will then receive a confirmation of receipt of the order via email. All prices shown on Eventpage include VAT.

You can choose from the following payment methods:

● VISA, Mastercard, Maestro, American Express, Union Pay

● PayPal

● Google Pay

● Apple Pay

● Sofort-Transfer

● eps-Transfer

● Klarna Invoice

● Klarna Instalments

If Users choose to pay by invoice or direct debit (SEPA direct debit), the contract is only concluded as a result of an order placed upon receipt of the purchase/booking confirmation and/or the relevant content or its retrieval option (by email, e.g. download link, participation code, etc.), whereby the earlier event is decisive in any case. If Users choose the payment method “advance payment”, the contract is only concluded as a result of an order placed upon receipt of the advance payment request with the bank details (by email) by the User. If the User chooses the payment method credit card or PayPal, the contract is already concluded with the submission of the order by clicking on the order button.

In the event of a successful conclusion of the contract, Users will receive an invoice by email in the form of a link to a PDF document to the email address they have provided.

Termination of the Service by EVENTPAGE.AI

The use of the Service can be terminated by us at any time by giving notice to the User (by email and/or to the mobile phone number provided by the User, as applicable), whereby the Service will still be provided by us in accordance with the contract with regard to fee-based Eventpackages that may have already been booked by the User. For fee-based Eventpackages that have already been used but have not yet been billed by the time of termination, the User remains obliged to pay the respective fee in the event of such termination.

Withdrawal

If a contract between us and you as a User (hereinafter referred to as “you” or “your”) has been validly concluded through the use of the Service, you generally have the legal right to withdraw from this contract within fourteen (14) days without giving reasons, unless there is a contract within the meaning of Section 312g (2) BGB; in this respect, reference is made in particular to § 312g (2) no. 1 BGB which expressly covers contracts for the delivery of goods (i.e. also digital products) that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The withdrawal period shall be (i) fourteen (14) days from the day on which you or a third party designated by you who is not the carrier took possession of the last goods, or (ii) fourteen (14) days from the date of conclusion of a contract for the purchase of digital content and/or services, or (ii) fourteen (14) days from the date of conclusion of the contract as a result of a contract for the purchase of goods.

Notice: In the case of the purchase of digital products or digital services for a fee, the right of withdrawal expires before the expiry of the withdrawal period, if you have started downloading the digital product or if we have provided our digital service in full, and if you have also expressly agreed that we will enable you to download it before the expiry of the 14-day withdrawal period or that we will perform our digital service before the expiry of the of the 14-day withdrawal period, provided that you have confirmed your knowledge of this premature expiry of your right of withdrawal prior to the conclusion of the transaction (however, the latter condition of confirming your knowledge does not apply in the case of purchase for data instead of money).

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, fax or email). Users can use the following sample withdrawal form for this purpose, but it is not mandatory:

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To: eventpage.ai GmbH, Franz-Joseph-Straße 1, 80801 München, Deutschland

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notified on paper)

Date

(*) Delete as applicable.

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from the contract, we shall refund to you all payments we have received from you without undue delay and at the latest within fourteen (14) days from the day on which we received the notice of your withdrawal. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. From the time of withdrawal, there is no longer any access to the content of the product website or to the download in the case of digital content or the like.

We may withhold refund until we have received the goods back or you have provided us with proof that you have returned the goods, whichever is earlier. You must return or hand over goods to us without undue delay and in any event no later than fourteen (14) days from the day on which you inform us of the withdrawal from the contract. The deadline is met if you send the goods to us before the expiry of the period of fourteen (14) days. The return shipping costs are to be borne by you. You will only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the nature, characteristics and functioning of the goods.

Applicable Law, Online Dispute Resolution

The law of the Federal Republic of Germany shall apply exclusively to the GTCs and any legal relationship between us and the respective Users, to the exclusion of the provisions of private international law (IPR) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, this choice of law applies to consumers only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

Under applicable law, we are also required to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need to go to court. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution Platform can be found here:

http://ec.europa.eu/odr

However, we would like to point out that we are neither obliged nor willing to participate in the dispute resolution procedure within the framework of the European Online Dispute Resolution Platform.

Severability

Should individual provisions of the GTCs be or become invalid or unenforceable, the validity of the GTCs and the legal relationship concerned shall remain unaffected. The invalid or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come as close as possible to the economic objective intended by the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event of a loophole.

Last update: June 2024

IMPRINT

eventpage.ai GmbH

Franz-Joseph-Straße 1

80801 München

Commercial Register: HRB 290615

Registration Court: Amtsgericht München

Tax-ID: 1234567890

Managing directors:

Lasse Schmitt

Julian Wendorf

Contact

Phone: +49 30 53151033

Email: hello@eventpage.ai

Person responsible for editorial according to §5 TMG:

eventpage.ai GmbH

hello@eventpage.ai

Liability for content

The contents of our website have been created with the greatest care and a clear conscience. However, we cannot assume any liability for the correctness, completeness and topicality of the websites and content provided. As a service provider, we are responsible for our own content on these pages in accordance with § 7 (1) TMG in accordance with general laws. However, according to §§ 8 to 10 TMG, we as a provider (i.e. host provider) are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected. However, liability in this regard is only possible from the time of knowledge of a specific infringement. If we become aware of such violations, we will remove the corresponding content and links immediately.

Liability for links

Our website contains, among other things, links to external third-party websites, the content of which we have no influence on. For this reason, we cannot assume any liability for the content of such third-party websites. The respective provider or operator of the website is always responsible for the content of the linked websites. The linked websites were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked websites is not reasonable without concrete indications of a violation of the law. If we become aware of any legal violations, we will remove such links immediately.

Copyright

The content, works and information published on our website are subject to German copyright law. The reproduction, editing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this website has not been created by the operator, the copyrights of third parties are reserved. In particular, third-party content will be marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any legal violations, we will remove such content immediately.

Last update: June 2024