This Agreement defines the rights and obligations of the user entity—whether an individual, company, or other legal entity (“Customer”)—governing access to and use of the Eventact Event Management Software as a Service (“Service”) and any underlying software (“Software”).

This Agreement is a legally binding contract between Customer and Eventact Ltd. (“Eventact”). By accessing or using the Service, Customer explicitly agrees to all terms set forth herein. If Customer does not agree to these terms, Customer must not access or use the Service.

  1. License and Intellectual Property

    • License Grant: Subject to compliance with this Agreement and timely payment of fees, Eventact grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the applicable subscription term.
    • Reservation of Rights: The Software and Service are licensed, not sold. All rights, title, and interest—including all Intellectual Property Rights—in and to the Software, Service, documentation, modifications, derivative works, and feedback provided by Customer, shall remain exclusively with Eventact and its licensors.
    • Restrictions: Customer shall not, and shall not permit any third party to:
      1. Decompile, disassemble, reverse engineer, or attempt to derive the source code or underlying architecture of the Service, except to the extent permitted by applicable law;
      2. Copy, modify, adapt, or create derivative works based on the Service;
      3. Sublicense, sell, rent, lease, distribute, or commercially exploit the Service;
      4. Circumvent, disable, or interfere with security-related features or usage limits;
      5. Access the Service to build a competitive product or service.
    • High-Risk Use Prohibition: The Service is not fault-tolerant and is not designed or intended for use in hazardous environments or high-risk activities where failure could lead to death, personal injury, or physical or environmental damage.
    • Age Limitation: The Service is strictly intended for enterprise/business use and is not directed to individuals under 18 years of age.

  2. Account Security & Administration

    • Credentials: Customer is responsible for maintaining the confidentiality of all account credentials and passwords, managing permissions for authorized users, and ensuring authorized users comply with this Agreement.
    • Breach Notification: Customer must immediately notify Eventact at support@eventact.com upon becoming aware of any unauthorized account access, credential compromise, or other security breach.
    • Liability for Account Activity: Customer is solely responsible for all activities conducted under its account. Eventact shall not be liable for any loss, damage, or unauthorized alterations resulting from Customer’s failure to safeguard its credentials.

  3. Customer Content & Data Protection

    • Customer Content Ownership & Responsibility: Customer retains ownership of all data, text, media, graphics, or materials uploaded or transmitted via the Service (“Customer Content”). Customer warrants that it owns or has obtained all necessary rights, licenses, and consents to publish, display, and process such content.
    • Prohibited Content: Customer shall not submit, display, or distribute content that:
      1. Violates or infringes upon any intellectual property, privacy, or proprietary rights;
      2. Is defamatory, fraudulent, threatening, harassing, obscene, hateful, or encourages criminal behavior;
      3. Contains computer viruses, worms, malware, or malicious code;
      4. Involves unauthorized bulk messaging, spam, or abusive communications. Eventact reserves the right to suspend accounts exceeding standard industry complaint thresholds immediately.
    • Data Processing & Privacy:
      • To the extent Customer Content includes personal data of third parties (e.g., event attendees), Customer acts as the Data Controller/Business and Eventact acts as the Data Processor/Service Provider. Eventact processes such data strictly in accordance with Eventact’s Data Processing Addendum (DPA) and Privacy Policy.
      • Eventact will not disclose personal data to third parties without Customer’s prior consent, except as required by law, to enforce its legal rights, or as handled by authorized sub-processors performing services on Eventact’s behalf.

  4. Technical Support & SLAs

    • First-Line Support: Customer is responsible for providing direct support to its end users, attendees, and participants at its own expense. Customer shall make reasonable efforts to resolve internal issues before escalating technical support tickets to Eventact.
    • Eventact Support: Eventact will provide commercial-grade technical support via its online Help Center in accordance with Eventact’s standard priority guidelines and any applicable Service Level Agreement (SLA) executed between the parties.
    • Exclusions: Eventact is not responsible for failures, interruptions, or defects arising from Customer’s local IT environment, third-party software/integrations, internet connectivity, or force majeure events.

  5. Confidentiality

    • Definition: “Confidential Information” includes all non-public technical, operational, financial, or business information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”), whether orally or in writing, designated as confidential or reasonably understood to be confidential. The underlying source code of the Software constitutes Eventact’s trade secret.
    • Obligations: The Receiving Party will use the same degree of care it uses to protect its own confidential information (not less than reasonable care), will use the information only to perform its obligations under this Agreement, and will restrict access to employees, contractors, and advisors on a need-to-know basis under equivalent confidentiality terms.
    • Exclusions: Confidential Information does not include information that: (a) becomes publicly known through no breach by the Receiving Party; (b) was already known to the Receiving Party without restriction; (c) is lawfully obtained from a third party without breach; or (d) was independently developed without reference to the Disclosing Party’s information.
    • Compelled Disclosure: The Receiving Party may disclose Confidential Information to comply with a court order or subpoena, provided it provides the Disclosing Party with prompt written notice (where legally permissible) to allow the Disclosing Party to seek a protective order.

  6. Warranty & Limitation of Liability

    • Disclaimer of Warranties: THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVENTACT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVENTACT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY SECURE, OR ERROR-FREE.
    • Exclusion of Consequential Damages: EXCEPT IN CASES OF WILLFUL MISCONDUCT OR FRAUD, NEITHER EVENTACT NOR ITS DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR RELIANCE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR REPUTATIONAL HARM.
    • Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVENTACT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF: (I) THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER TO EVENTACT FOR THE SPECIFIC SERVICE/PROJECT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) FIVE HUNDRED U.S. DOLLARS (US $500).

  7. Indemnification

    Customer agrees to defend, indemnify, and hold harmless Eventact, its officers, employees, and affiliates from and against any third-party claims, liabilities, damages, losses, and reasonable legal expenses arising from or connected to:

    1. Customer Content uploaded, displayed, or processed through the Service;
    2. Customer’s or its end users’ violation of applicable laws (including privacy and anti-spam legislation);
    3. Customer’s breach of the restrictions outlined in Section 1 and Section 3.

  8. Term, Termination & Data Retention

    • Term: This Agreement commences upon Customer’s first access or subscription date and remains effective until terminated by either party.
    • Termination by Eventact: Eventact reserves the right to immediately suspend or terminate access if: (a) Customer materially breaches this Agreement; (b) non-payment persists after formal notice; or (c) continued operation presents a security risk to Eventact or its clients.
    • Project-Based Subscriptions & Data Retention:
      • For per-project subscriptions, platform access remains open for thirty (30) days following the project’s scheduled event completion date, after which access terminates automatically.
      • Eventact does not warrant or guarantee long-term data retention beyond the active subscription window. Customer is exclusively responsible for exporting and backing up all data, attendee lists, and metrics before account or project expiration.

  9. Governing Law and Dispute Resolution

    • 9.1 Governing Law: This Agreement and any dispute or claim arising out of or related to its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
    • 9.2 Informal Resolution First: Before initiating any formal legal proceeding, the parties agree to make a good-faith effort to resolve any dispute through informal discussions. A party seeking dispute resolution must provide written notice detailing the issue to the other party. The parties shall endeavor to resolve the matter within thirty (30) days of receipt of such notice.
    • 9.3 Binding Virtual Arbitration: If a dispute cannot be resolved informally under Section 9.2, it shall be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) (or its international division, the International Center for Dispute Resolution / ICDR) in accordance with its Commercial Arbitration Rules.
    • 9.4 Remote Proceedings & Conduct:
      1. Virtual Hearings: All arbitration hearings, conferences, and proceedings shall be conducted remotely via videoconference or telephone, unless both parties explicitly agree in writing otherwise. Neither party nor their representatives shall be required to travel or appear in person in any jurisdiction.
      2. Document-Only for Modest Claims: For any claim where the total amount in controversy is less than $25,000 USD (exclusive of interest and costs), the arbitration shall be decided solely based on written submissions and documentary evidence, without an oral hearing.
      3. Language & Arbitrator: The proceedings shall be conducted in English before a single independent arbitrator appointed in accordance with the applicable rules.
      4. Legal Seat: The legal seat of arbitration shall be deemed to be Wilmington, Delaware, USA, but all practical sessions and filings shall remain strictly electronic/virtual.
    • 9.5 Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
    • 9.6 Injunctive Relief: Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information pending the appointment of the arbitrator.

  10. General Provisions

    • Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be modified to achieve as nearly as possible the same economic effect, and the validity and enforceability of the remaining provisions shall not be impaired.
    • Authority: Any individual executing or accepting this Agreement on behalf of a company, corporate body, or institution represents and warrants that they hold full legal authority to bind that entity to these terms.
    • Amendments: Eventact reserves the right to make non-material changes to these terms. For material modifications, Eventact will notify registered account administrators at least thirty (30) days before the effective date via email or platform notification. Continued use after the effective date constitutes acceptance.