Terms of service

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, that the Customer uploads to the platform in order for Attendium to provide the Services.

"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 a User 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.

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. Should the Customer, in Attendium's own reasonable opinion, not adhere to section 6.1, Attendium is entitled to terminate the Customer's right to use Attendium’s ticketing service or to terminate the Agreement in full.

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.

7.4. If a Customer's bandwidth usage is significantly deviated from the normal bandwidth usage (as determined solely by Attendium) of other Attendium Customers, Attendium reserves the right to immediately disable the Attendium Account in question until such Customer can reduce its bandwidth consumption.

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.

10.1. The Customer shall own and be fully responsible for any Customer Content provided to Attendium. The Customer understands and acknowledges that Attendium cannot supervise or screen the input-data that the Customer upload to the Service. The Customer is solely responsible for ensuring that input data uploaded, processed and used in the Service complies with any applicable laws.

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. As stated in section 10.1 above, Attendium cannot supervise or screen the data that the Customer uploads into the Service and it is the responsibility of the Customer to ensure that no such personal data is uploaded to the Service.

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.

13.1. Any notice to be provided by Attendium under this Agreement shall be posted at the Attendium web site (attendium.com) or at the Service itself.

14.1. To the maximum extent permitted by mandatory law, the Customer assumes the entire risk of using the Services.

14.2. Attendium is under no circumstances liable for direct damages, indirect damages, special damages, consequential damages including, but not limited to, loss of profits or loss of data, which may result from the use, or the inability to use, of the Service.

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 shall no longer have any rights to access or use the Services. Further, Attendium will, except as may be required by applicable laws, expunge all personal data processed by Attendium on behalf of the Customer and delete any other Customer Content.

16.2. Should the Customer terminate the Agreement prior the end of the Customer's billing cycle, such termination will come into force immediately and the Customer will not be charged again.

17.1. Attendium reserves the right to, without any prior notice, update or modify the Services and amend or adjust the provisions of this Agreement at its sole discretion. 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. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC").

18.3. The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

18.4. The seat of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English, unless otherwise agreed.

18.5. 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.