These Terms of Services shall apply when Attendium provides Services to Customers.
1.1. Definitions shall have the defined meaning as set out below in this section 1.1 when used with a capital initial letter.
"Attendium" means Attendium AB Reg. No. 556864-9999.
"Agreement" means these Terms of Services, as may be amended from time to time by Attendium.
"Attendium Account" means the individual account each Customer must create in order to use the Services.
"Customer" means any natural person or a legal entity making use of the Services in accordance with this Agreement.
"Customer Content" means any information, including registration information and personal data, submitted to or collected through the Services by or on behalf of the Customer.
"Events" means any physical and virtual events including, but not limited to, concerts, clubs, festivals and other gatherings organized by any Organizers.
"Intellectual Property Rights" means all present and future rights, title and interest whatsoever (whether legal or beneficial and whether registered or unregistered), in the copyright and in any design rights, trademarks, logos, patents, rights or protections or similar to copyright (including all moral rights), topography rights, software programs, applications, database rights, know-how, trade names, trade secrets, inventions and other intangible proprietary information.
"Services" means the provision of any services by Attendium via its website and app currently, and as may be adjusted from time to time by Attendium, guest list management, online invitations, event check-in, ticketing and related products and services.
"Organizers" means any organizers of any Events, being solely responsible for the organization and execution of such Events.
2.1. Attendium is an independent web-platform enabling the Customer to use the Services, including creating an Attendium Account, in accordance with the Agreement and applicable laws.
2.2. Natural individuals who are consumers, as defined under applicable laws, may have additional rights going further than what is stated in this Agreement. Attendium will always recognize consumer protection legislation. Please note that the Agreement is in this regard primarily structured and aimed towards legal individuals.
3.1. In order for the Customer to use the Services, the Customer must create an Attendium Account. By creating an Attendium Account the Customer agrees to, and undertakes to follow, any provisions in the Agreement, including Attendium's Privacy Policy and applicable laws.
3.2. Any Customer being a natural person confirms, by creating an Attendium Account, that the individual being registered is at least eighteen (18) years old or, if required by applicable laws, that the creation has been subject to the prior approval by such Customer's parent or legal guardian.
3.3. The Customer confirms that any registration information submitted to Attendium is true, accurate and complete and undertakes to update any such registration information in order to keep it current. In regard to registration information the following details and terms applies:
i. The registration process must be conducted by a natural person, regardless if the Customer is a legal entity. Thus, any registration processes conducted by automatized methods such as the use of "bots", are not permitted and will not be accepted by Attendium.
ii. All registration information requested must be submitted including, but not limited to full name and a valid email address, invoice details, and as applicable company registration number.
3.4. The Customer is fully responsible for maintaining the security of its Attendium Account, including ensuring that any username or passwords are subject to appropriate confidentiality measures. The Customer is fully responsible for any actions, including any purchases being made using its Attendium Account.
4.1. The price for the Services is stated on Attendium's website. The price is accepted by the Customer when registering for an Attendium Account.
4.2. The Service is billed in advance on a monthly (30 days) or yearly (365 days) basis. Unless stated otherwise, all fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Customer shall be responsible for payment of all such taxes, levies, or duties.
4.3. Any failure by the Customer to execute due and timely payments for the Services entitles Attendium to late payment interest according to applicable laws, to limit the access to the Services for such Customer until full payment has been made and, as set out in section 15.2, terminate the Agreement in full.
4.4. Attendium Accounts with subscription plans set to auto-renew, will automatically charge the price of the selected subscription plan at the beginning of the next billing cycle unless auto-renewal is disabled before that.
4.5. Should the Customer choose to downgrade its subscription plan level, such Customer will automatically be charged the new rate on its next billing cycle. The Customer is aware that any downgrade of its subscription plan may cause loss of Customer Content, features or capacity of the Attendium Account in question. Attendium waives any liability for such losses.
4.6. Attendium shall always, subject to thirty (30) days' notice as set out in section 13, be entitled to adjust the prices for the Services.
4.7. The Customer shall under no circumstances have a right to withhold payment unless such a right follows from applicable mandatory law.
5.1. Except as expressly specified herein, the Services and any additional products and services are provided "as is" and "as available" without warranty of any kind, whether express or implied. Attendium does not warrant that the Service will be compatible with any Customer application or environment or otherwise meet the Customer's requirements, or that operation will be uninterrupted or error-free.
5.2. Attendium may use third parties for hosting services, or other services or products in order to provide the Services. Attendium takes no responsibility for any actions of such third parties. Where such services are included or provided along with the Services, any applicable separate terms or license agreement for such third party services shall apply towards the Customer without being modified by the Agreement. This section 5.2 does not limit Attendium's responsibility for sub-processors under the data processing agreement.
6.1. In case the Customer will make use of Attendium's ticketing service and sell tickets to Events, and thereby act as an Organizer, the Customer undertakes to act in accordance with applicable laws, including any consumer protection legislation, and follow good market practice in the ticketing industry.
6.2. Service Fee. Attendium charges a service fee on each ticket transaction processed through the ticketing service (the "Service Fee"). The applicable Service Fee is stated on Attendium's website or as otherwise agreed in writing between Attendium and the Customer. Attendium reserves the right to adjust the Service Fee at any time, subject to thirty (30) days' notice in accordance with section 13.
6.3. Non-Refundable Service Fee. The Service Fee is non-refundable. In the event of a ticket refund, whether initiated by the Organizer, requested by a ticket buyer, or required by applicable law, the Service Fee shall not be refunded to the Organizer or the ticket buyer, unless otherwise required by applicable mandatory law.
6.4. Organizer's Refund Responsibility. The Organizer is solely responsible for establishing and communicating its own refund and cancellation policy to ticket buyers. The Organizer shall handle and bear the cost of any ticket refunds owed to ticket buyers, including in cases of event cancellation, postponement or material change to an Event.
6.5. Attendium as Intermediary. Attendium acts solely as an intermediary platform facilitating the sale of tickets on behalf of the Organizer. Attendium is not the seller of tickets, is not a party to the transaction between the Organizer and the ticket buyer, and assumes no responsibility for the organization, execution, cancellation or postponement of any Event.
6.6. Chargebacks. To the extent applicable under the payment processing arrangement in place, the Organizer shall be liable for any chargebacks, payment disputes or payment reversals initiated by ticket buyers in relation to tickets sold through the ticketing service, including any fees or penalties imposed by payment processors in connection therewith. Attendium is entitled to deduct any such amounts from pending or future payouts to the Organizer, or to invoice the Organizer separately.
6.7. Indemnification. The Organizer shall indemnify and hold Attendium harmless from any claims, losses, damages or expenses (including reasonable legal fees) arising from or related to the Organizer's Events, including claims made by ticket buyers.
6.8. Should the Customer, in Attendium's own reasonable opinion, not adhere to this section 6, Attendium is entitled to suspend or terminate the Customer's right to use Attendium's ticketing service, withhold pending payouts, or terminate the Agreement in full.
6.9. Ticket Purchase Terms. Purchases of tickets by ticket buyers are additionally subject to the Ticket purchase terms published at attendium.com/ticket-purchase-terms.
7.1. The Customer may only use the Services in accordance with the Agreement and applicable laws.
7.2. The Customer shall not, except if and to the limited extent expressly permitted under this Agreement, attempt or knowingly allow or enable anyone to sell, rent, lease, license, distribute, publish or publicly display, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, disassemble, reverse engineer all or any portion of the Services (including any source code, algorithm or any underlying ideas).
7.3. The Customer may not (i) upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages or (ii) transmit any worms or viruses or any code of a destructive nature.
Attendium shall, without assuming any liability, be entitled to suspend the Services temporarily or permanently, (or any part thereof) with or without notice. Should a permanent suspension mean that a Customer will be unable to use the Services for a time period already paid for, the Customer shall receive a refund proportional to such time period.
9.1. The title to and ownership of, and all Intellectual Property Rights, including but not limited to copyright, and all other rights to, the Service (or the copy of the Service or the medium on which the Service has been delivered) shall remain with Attendium, (or its third party licensors, as applicable). Thus, this Agreement does not imply that any other rights are granted to the Customer other than the right to use the Service as set out in this Agreement.
9.2. Nothing in this Agreement shall, unless being subject to Attendium's prior written approval, imply a right for the Customer to use any of Attendiums's trade names, trademarks, service marks, logos, domain names, or other Intellectual Property Rights. Further, and to avoid any misunderstandings, this Agreement shall in no way mean that any title to and ownership of any Intellectual Property Rights held by Attendium or any Customer is transferred between the parties.
9.3. Notwithstanding the afore said, the Customer understands and accepts that by approving to share any Customer Content publicly, such Customer Content may be viewed and shared by others.
9.4. Customer grants Attendium a limited, revocable, non-exclusive, non-transferable, royalty-free license to use Customer's name and logo to identify Customer as a customer of Attendium on websites and in presentations and marketing materials, without implying endorsement. Customer may revoke this permission at any time by notice to Attendium, after which Attendium will cease new uses within 10 business days and use commercially reasonable efforts to remove existing references in the ordinary course. Attendium will follow Customer's brand guidelines provided in writing.
10.1. The Customer retains its rights in Customer Content and may use, export and disclose it for lawful purposes. The Customer is responsible for its Customer Content, compliance with applicable law and obtaining all required rights, permissions and consents. Attendium has no general obligation to monitor Customer Content, except as required by applicable law.
10.2. The Customer shall indemnify and hold Attendium harmless for any loss or damage incurred by Attendium as a result of any Customer Content uploaded to the Service by the Customer.
10.3. Attendium has a right, but is not obliged, to refuse or remove any Customer Content which Attendium, in its sole discretion, considers violate the Agreement, applicable laws or otherwise is deemed inappropriate.
11.1. Each party shall process personal data in accordance with from time to time applicable laws and regulations on processing of personal data, including but not limited to, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, or "GDPR") and any amendments, replacements or renewals thereof as well as any binding national laws implementing the GDPR and other binding data protection or data security directives, laws, regulations and rulings as applicable from time to time.
11.2. Attendium will act as the Customer's data processor in relation to any processing of personal data carried out by Attendium on behalf of the Customer in relation to the Customer's use of the Service. Such processing shall be governed by a data processing agreement entered between Attendium and the Customer.
11.3. The Customer undertakes to refrain from uploading any data that includes personal data that fall within the scope of the special categories of personal data (i.e. sensitive personal data, for instance a person's ethnic origin, political opinions, religious beliefs, data concerning health or sexual orientation) and data related to criminal convictions and offences, as set out in Article 9 and 10 of the GDPR, to the Service. Notwithstanding the foregoing, the Customer may upload special categories of personal data where this is necessary for the Customer's event management purposes and the Customer has a valid legal basis for the processing, as further set out in the data processing agreement.
12.1. If the Customer is a consumer, as defined under applicable law, the Customer has a right to rescind from the Agreement within fourteen (14) days' from registering for the Service and through the registration entering into the Agreement with Attendium. The Customer shall in such case notify Attendium of its decision to rescind from the Agreement using the prescribed contact route detailed on Attendium's website.
12.2. By registering for the Service, the Customer expressly requests that the provision of the Services begins immediately, before the expiry of the withdrawal period. If the Customer rescinds from the Agreement after having started to use the Services, the Customer shall pay a proportional amount for the Services provided up until the notification of the rescission.
13.1. Any notice to be provided by Attendium under this Agreement shall be posted at the Attendium web site (attendium.com), presented in the Service, or sent by email to the email address registered with the Customer's Attendium Account.
14.1 Cap. To the extent permitted by mandatory law, each party's aggregate liability arising out of or related to the Agreement shall not exceed the fees paid or payable by Customer for the Services giving rise to the claim during the twelve (12) months preceding the event giving rise to liability. This cap does not limit the Customer's payment obligations under the Agreement.
14.2 Excluded Damages. Neither party will be liable for any indirect, special or consequential damages, including loss of profits, goodwill, or business interruption.
14.3 Mandatory Law. The above limitations do not apply to the extent limitations are not permitted under mandatory law, including liability for intent or gross negligence.
15.1. This Agreement enters into force upon the Customer's registration of the Attendium Account and shall continue to be in force until the Attendium Account is terminated by the Customer, or as set out below.
15.2. Attendium shall always be entitled to terminate the Agreement if the Customer is in material breach of the Agreement where, for avoidance of doubt, failure to execute due and timely payments for the Services shall constitute such breach.
16.1. Upon termination of this Agreement, the Customer's rights to access and use the Services end, subject to any switching, data-return or retrieval rights required by applicable law. Attendium shall return or delete personal data in accordance with the data processing agreement and delete other Customer Content after any applicable retrieval period, unless retention is required by law.
16.2. Except for switching under section 16.4, should the Customer terminate the Agreement before the end of the Customer's billing cycle, termination takes effect immediately and the Customer will not be charged again.
16.3. The Customer may export Customer Content through the API at any time while it has access, without advance notice. The API documentation and schema describe available interfaces, data structures and formats. Contact support@attendium.com for assistance or exportable data unavailable through those interfaces. An express deletion request instructs erasure, subject to applicable law and the data processing agreement; deleted data is no longer available for export. A switching request alone does not authorize early deletion.
16.4. Where Chapter VI of Regulation (EU) 2023/2854 (the Data Act) applies:
(a) The Customer may request switching to another provider or its own infrastructure, or erasure upon termination, at support@attendium.com, identifying the affected Services and, when relevant, the destination provider. No advance notice period applies. Switching starts upon request and proceeds without undue delay, within 30 calendar days. The Customer may extend the transition once for a period it considers appropriate. If that deadline is technically unfeasible, Attendium shall explain why within 14 working days of the request and specify an alternative transition of no more than seven months.
(b) During the transition, this Agreement remains applicable. Attendium shall provide reasonable assistance to the Customer and its authorized third parties, relevant exit information and known continuity risks, exercise due care to maintain business continuity and continue the contracted Services. Attendium shall maintain a high level of security throughout switching and retrieval. This does not require developing new technologies or services, disclosing protected intellectual property or trade secrets, or compromising security.
(c) The Agreement for the affected Services ends on successful switching, or upon an erasure-only termination request, and Attendium shall notify the Customer. Exportable data and digital assets remain available for retrieval for at least 30 calendar days after the transition ends. Following successful switching, Attendium shall fully erase them after that period or a later agreed date, unless retention is required by law. Personal data and backups remain subject to the data processing agreement and applicable law.
(d) Required switching interfaces are free. Any other switching charges must be disclosed before contracting, shall not exceed directly incurred costs, and shall not apply from 12 January 2027. Ordinary service fees remain payable until termination. Optional work outside Attendium's switching obligations requires agreement on scope and fees.
16.5. Exportable data and digital assets comprise the Customer's account and user records and settings; venues, events, templates and forms; guests, invitations, tickets, passes and attendance; messages and delivery records; transaction and billing records; uploaded files; and related inputs, outputs and metadata, including identifiers, permissions, timestamps, usage and configuration. Exclusions are Attendium's or third parties' software, models and internal infrastructure, security and diagnostic records, only insofar as protected by intellectual property rights or trade secrets. Exclusions shall not impede or delay lawful switching. The export guide describes export methods, formats, limitations and the data register. Infrastructure jurisdictions and safeguards against conflicting international governmental access are described on the security page and sub-processor list.
17.1. Attendium reserves the right to update or modify the Services at its sole discretion. Attendium may amend the provisions of this Agreement subject to notice in accordance with section 13. Material changes take effect no earlier than thirty (30) days after such notice, unless the change is required by applicable law or relates to a new feature or service, in which case it may take effect when the notice is given. The Service may require the Customer to accept the updated Agreement in order to continue using the Services; continued use of the Services after a change has taken effect constitutes acceptance of the updated Agreement. The most current version of the Agreement can be found here.
17.2. This Agreement supersedes all prior agreements and understandings (whether written or oral) between the parties with respect to the subject matter hereof.
17.3. Any questions regarding the Agreement shall be sent to support@attendium.com.
18.1. This Agreement shall be governed by the substantive law of Sweden, without regard to its principles and rules on conflict of laws.
18.2. Disputes arising out of or in connection with this Agreement shall be resolved by the Swedish courts, with the Stockholm District Court as court of first instance.
18.3. Notwithstanding the above in this section 18, Customers that are consumers always have a right to direct a claim and initiate proceedings relating to the Agreement in accordance with mandatory applicable law.