Terms of Service | Attendu

Terms of Service

Effective Date: 4/1/2024

 

Please read these Terms of Service together with our Privacy Policy located at https://www.attendu.com/en/privacy-policy/ carefully before using our website and services. 

 

Basic Provisions

These Terms of Service govern the relations between the contracting parties.

 

Attendu provides a web application for online guest list management during event organization (“Application”) Users can send invitations, issue tickets, create registration pages, and perform check-ins at event sites. The Application is hosted on the domain www.attendu.com.

 

By using the Application at www.attendu.com or subdomains of that URL, any associated mobile applications, and/or related services (collectively, “Service”) provided by Attendu, Inc., a Delaware corporation (“Attendu”) you agree to be bound by these Terms of Service (“Terms”) in full and without modification, unless these Terms are explicitly excluded by a separate agreement.  The Terms are a legally binding contract between you (“you” or “User”) and Attendu regarding your use of the Service and, if you have entered into a separate agreement with Attendu, these Terms form an integral part of any agreement on provision of the Services entered into between Attendu and you (“Agreement”). Attendu and you are further referred to individually as the “Party” and jointly as the “Parties”.

 

Attendu may revise or replace the Terms at any time. Upon any revision, existing users will be notified via the Services platform. Each time you access or use the Service, you agree to be bound by the most recent version of the Terms. If you do not agree to be bound by these Terms as subsequently amended, you may not access or use the Service, and these Terms are considered to be unilaterally terminated by the User.

1. Legal relationship between you and Attendu

    1. When using Attendu’s Services  you agree to comply with these Terms. 
    2. The Services are accessed through Attendu’s proprietary software application(s) (referred to as the “Software” below) and hosted on Attendu’s servers (which may be in a cloud solution provided by third parties).
    3. Specific or additional terms may apply to certain Services or if agreed in writing between the Parties (the “Additional Terms”). Unless explicitly stated otherwise in the Agreement or the Additional Terms, the Additional Terms do not exclude any provision of the Agreement or these Terms and apply simultaneously and in addition to the Agreement and these Terms.
    4. Your Agreement with Attendu or the Additional Terms explicitly includes the subscription rates and payment terms applicable to the Services (the “Payment Terms”) or a reference to the Payment Terms which is available at www.attendu.com/en/pricing/ or through the Services. By using the Services, you agree that the Payment Terms may be amended, replaced or supplemented in accordance with the fourth paragraph of the Preamble of these Terms. 
    5. By using the Services, you agree to the Privacy and Data usage policy (available at https://www.attendu.com/en/privacy-policy/ in relation to your use of the Services. 

 

2. Payment for the Services provided by Attendu

    1. You agree to pay for the use of the Services the prices stated in the Payment Terms (“Price”).
    2. You may pay the Price for the Services either by payment or credit card, or alternatively, Attendu may agree on other methods of payment of the Price upon your request (such as invoicing). If you subscribe to the Service, you agree that you will be charged periodically by Attendu based on the Payment Terms. In addition, you fully acknowledge and agree that the Price and the Payment Terms may change if you upgrade or change your subscription plan within the Service. Attendu will always inform you about the price modification prior to making the upgrade or changing your subscription. You hereby authorize us, through the relevant third party payment processor (to the extent applicable), to charge your payment or credit card.
    3. Attendu is not responsible for the payment processing provided by any third party. The Price is considered as paid upon crediting the amount corresponding to the Price to the bank account of Attendu.
    4. Each Party will be responsible for payment of any taxes applicable to such Party in connection with the Services in any jurisdiction.
    5. No refunds or credits will be provided by Attendu under any circumstance.

 

3. Provision of Services

    1. Attendu may have or establish subsidiaries and affiliated legal entities, including its operator, Attendu s.r.o., a Czech limited liability company (“Operator”), in any country (“Affiliates”).  You agree that the Affiliates may provide the Services to you on behalf of Attendu provided that Attendu remains ultimately responsible for the provision of Services. You agree to pay the Price to Attendu or its Affiliate designated by Attendu.
    2. You fully acknowledge and agree that the form and nature of the Services which Attendu provides may change without prior notice to you.
    3. You acknowledge and agree that Attendu may modify the Services, or permanently or temporarily stop providing the Services (or any part of the Services) to you or to users generally, at Attendu’s sole discretion, without prior notice to you or any liability on the part of Attendu.
    4. The Services provided by Attendu may evolve over time. These changes may happen without a prior announcement. This flexibility is essential for continuous improvement of the Services. Attendu therefore reserves the right to modify or adjust the Services. Attendu may suspend or discontinue certain parts of the Services, either temporarily or permanently. These decisions, made at Attendu’s discretion, will be carried out with the aim of enhancing our service offerings.
    5. You understand and agree that if Attendu disables access to your account for any statutory or other legitimate reason, you may be prevented from accessing the Services, your account details or any data or other content which is contained in your account. 

 

4. Your use of the Services

    1. You must be at least sixteen (16) years of age to use the Service. By agreeing to the Terms, you represent and warrant to Attendu that: (i) you are at least 16 years of age, (ii) you have not previously been suspended or removed from the Service, (iii) your registration and your use of the Service are in compliance with any laws and regulations applicable to you, and (iv) if you act for any other person or entity in relation to the Services, you have the authority to bind such person or entity in relation to using these Services and acceptance of these Terms.
    2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software on the basis of which the Service are rendered or any part thereof.
    3. You may not (and you may not permit anyone else to) utilize the Services to:
      • Impersonate any person or entity.
      • Stalk, harass, defame, abuse, threaten or otherwise violate the legal rights of others.
      • Include information that is false, misleading, defamatory, discriminatory or if disposal of such information is illegal or against good morals.
      • Engage in any activity that may be considered illegal, unlawful or injurious.
    4. When opted-in, you will receive text messages (SMS/MMS) from Attendu  to your telephone number. These kinds of messages may include account notifications.
      • Message frequency will vary depending on the use case.
      • You can cancel the messaging service at any time. Just text “STOP” to the telephone number. We will send you an SMS message to confirm that you have been unsubscribed successfully. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
      • If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at support@attendu.com.
      • Carriers are not liable for delayed or undelivered messages.
      • Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.
      • If you have any questions regarding privacy, please read our privacy policy.
    5. In order to access certain Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Attendu will always be accurate, correct and up to date. You will update such information as required.
    6. You agree to use the Services only for purposes that are permitted by (1) the Terms; (2) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (3) any other applicable rules (such as Google, Facebook and Twitter rules).
    7. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Attendu, unless you have been specifically allowed to do so in a separate agreement with Attendu.
    8. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    9. You agree that you are solely responsible for (and that Attendu has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Attendu may suffer) of any such breach.
    10. You agree that Attendu may immediately discontinue or terminate the Services without refund and claim damages if any of your statement stated in this clause 4 is untrue or misleading or if you breach any of your obligations stated in this clause 4 or under 6 6(e) or (f) below.

 

5. Your passwords and account security

    1. If you register for the Services, you may be required to create a username and password. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services in accordance with current best practices. You are liable for any damage and you agree to bear all costs incurred to any person as a result of a crack of your password for reasons other than on the side of Attendu.
    2. You agree that you will be solely responsible for all activities that occur under your account.
    3. If you become aware of any unauthorized use of your password or of your account, you agree to notify Attendu immediately using contact details presented on www.attendu.com. In such a case, Attendu will reset your password and provide you with a new one. If deemed appropriate, Attendu will block your account.

 

6. Content in the Services

    1. As used in these Terms, “Content” means any material or information (including text, images, audio material, video material and audio-visual material) which you made available through your use of the Services.
    2. Attendu reserves the right to edit or remove any Content created as a result of using Services, or stored on Attendu’s servers.
    3. Content presented to you as part of the Services, including advertisements in the Services and sponsored Content within the Services (if any), may be protected by intellectual property rights owned by the sponsors or advertisers who provide such Content to Attendu (or by other persons or companies on their behalf), and that the Content may include sensitive personal data. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content (either in whole or in part), unless you have been specifically told that you may do so by Attendu or by the owners of that Content, in a separate agreement.
    4. You agree that you are solely responsible for (and that Attendu has no responsibility to you or to any third party for) any content that you create (“User Content”), transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Attendu or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Attendu harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Attendu as a result of or in connection with your breach of any third party’s intellectual property or similar rights or if the User Content breaches the requirements under 6(f) below.
    5. You represent and warrant that you own, or have the right to distribute, the User Content.
    6. You represent and warrant that the Content provided by you in the Services as the User Content is not illegal, false, misleading, defamatory or discriminatory in any jurisdiction. You hereby agree that Attendu may and you hereby irrevocably authorize Attendu to block, delete or change any User Content in the sole discretion of Attendu. You agree to report any Content, including the User Content which is in your best opinion illegal, false, misleading, defamatory or discriminatory to Attendu without undue delay.

 

7. Proprietary rights

    1. You acknowledge and agree that Attendu is a trademark and that Attendu owns all legal rights, title and interest in and to the Services, including any intellectual property rights which exist in the Services, including trademark, service mark, copyright, and patent rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
    2. Unless you have agreed otherwise in writing with Attendu, nothing in the Terms gives you a right to use any of Attendu’s trade names, trademarks, service marks, logos, domain names and any other distinctive brand features.
    3. Unless you have been expressly authorized to do so in writing by Attendu, you agree that in connection with the Services, you will not use any trade mark, service mark, trade name, logo of any third party company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

 

8. License from Attendu

    1. Attendu gives you a worldwide, royalty-free, non-assignable and non-exclusive right and license limited solely to access and use the Services on a subscription basis, for the term and in the scope designated by the Terms. This license is not transferable and is granted solely for the purpose of enabling you to use and enjoy the benefit of the Services as provided by Attendu, in the manner permitted by the Terms.
    2. Your license from Attendu will terminate immediately, and without further action, upon any termination of your relationship as described in Section 10.

 

9. Copyright Infringement

    1. Attendu takes copyright infringement seriously and always acts in accordance with all applicable legal regulations.

 

10. Ending your relationship with Attendu

    1. If you subscribe to using the Services continuously on a monthly or yearly prepaid basis online, as described in the Payment Terms:
      • You may stop using the Services and terminate your legal Agreement with Attendu at any time using the user interface for the Services.
      • Attendu may at any time, by sending a notice, terminate its Agreement with you embodied in the Terms if (1) you have breached any provision of the Terms (or have threatened to breach the Terms), (2) Attendu is required to do so by law, (3) the partner with whom Attendu offered the Services to you or whom Attendu uses or whose cooperation Attendu needs in order to offer the Services to you, has terminated its relationship with Attendu or stop to offer the Services to you, (4) Attendu decided to no longer providing the Services to users in the country in which you reside or from which you use the Services or (5) the provision of the Services to you by Attendu is, in Attendu’s opinion, no longer commercially viable, or (6) without giving reasons or for any reason stated explicitly in these Terms. You do not have the right to claim back the already paid Price on the “pay as you go” basis for the term in which the Agreement between you and Attendu is terminated or discontinued.
    2. Your Agreement with Attendu embodied in the Terms shall automatically renew for another term corresponding to your original (preceding) subscription term, unless you or Attendu provide notice to the other of your or our intent to terminate the Agreement before the end of the then current term. You will be notified of the upcoming renewal and may notify Attendu of your intention not to renew by unsubscribing from the automatic renewal within the user interface for the Services.
    3. If you are using Attendu on the basis of a separate agreement with Attendu, you may terminate your agreement with Attendu and these Terms with a one month notice period for any reason or without giving reasons, unless the separate agreement states otherwise. You acknowledge that the prepaid Price has been calculated on the assumption of your use of the Services for the entire prepaid period of the use of the Services and for this reason, in the case of termination of the legal agreement between you and Attendu or discontinuance of the Services, you do not have the right to claim back the already paid Price for the term of Services in which you terminated your Agreement with Attendu.

 

11. NO WARRANTIES

    1. THE CONTENT AND ALL SERVICES ASSOCIATED WITH ATTENDU ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ATTENDU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH ITS SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
    2. ATTENDU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIRD-PARTY SERVICE PROVIDERS THAT ATTENDU MAY USE IN THE OPERATION, PROCESSING AND ADMINISTRATION OF THE SERVICES.
    3. ATTENDU DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. ATTENDU MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM ATTENDU’S SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. ATTENDU DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION OR OFFERS PROVIDED ON OR THROUGH ITS SERVICES.
    4. ATTENDU DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. ATTENDU DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. ATTENDU DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
    5. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
    6. ATTENDU MAKES NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY JURISDICTIONS. WHEN YOU ACCESS OR USE OUR SERVICES FROM A JURISDICTION, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
    7. ATTENDU DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED TO YOU BY ANY THIRD PARTY IN RELATION TO THE USE OF THE SERVICES PROVIDED BY ATTENDU.

 

12. LIMITATION OF LIABILITY

    1. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR APPLICABLE LAWS, ATTENDU AND ITS SUPPLIERS (INCLUDING ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR YOUR USE OF THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND AATTENDU’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO ATTENDU FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT ATTENDU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. YOUR RIGHT TO CLAIM DAMAGES AGAINST ATTENDU ON ANY GROUND EXPIRE WITHIN 6 MONTHS THE ACT THAT GAVE RISE TO THE LIABILITY
    3. ATTENDU IS NOT LIABLE FOR ANY DAMAGE CAUSED BY USER MAKING A WRONG DECISION BASED ON THE DATA PROCESSED THROUGH THE SERVICES.

 

13. Indemnification

    1. You agree to indemnify, defend, and hold harmless Attendu from and against any and all claims, expenses, losses, or liabilities arising from, or related to, your breach of these Terms or your use of the Services.

 

14. Other content

    1. The Services may include hyperlinks to other web sites or content or resources. Attendu has no control over any websites or resources which are provided by companies or persons other than Attendu.
    2. You acknowledge and agree that Attendu is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    3. You acknowledge and agree that Attendu is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources. In addition, you acknowledge and agree that Attendu is not liable for any damage which may be incurred by you as a result of any reliance you may have placed on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.

 

15. Closing provisions

    1. Attendu’s principal place of business is located at 838 Walker Road Suite 21-2 Dover, DE 19904, USA.
    2. The Terms, together with any Additional Terms, constitute the whole legal agreement between you and Attendu and govern your use of the Services (excluding any services which Attendu may provide to you under a separate written agreement), and completely replace any prior agreements between you and Attendu in relation to the Services.
    3. You agree that Attendu may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services website.
    4. The parties agree that if one of them does not exercise or enforce any legal right or remedy which is contained in the Terms (or which such party has the benefit of under any applicable law), this will not be taken to be a formal waiver of such party’s rights and that those rights or remedies will still be available to it.
    5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    6. The Terms, and your relationship with Attendu under the Terms, shall be governed by the laws of the State of Delaware and the United States. Any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts located in the State of Delaware.