General terms and conditions for the use of the services and benefits offered on vystem.io
Isardigital GmbH (hereinafter referred to as "Isardigital") provides an online service ("Vystem platform") via its Internet pages and as a mobile application (event app) in the relevant app stores, with the help of which organisers (hereinafter referred to as "organisers") of congresses, trade fairs and other events (hereinafter referred to collectively as "events") can administer, manage and design the respective event and event participants (hereinafter referred to as "users") can obtain certain information about the event. The following terms and conditions primarily regulate the use of the Event App by the organizer against payment, but also the use free of charge by event participants.
1. scope of application
1.1 Isardigital provides an online platform ("Vystem-Platform") via the usual web browsers or in the App-Stores, which enables organisers to manage, organise and design the content of their event via the Event App and associated tools (lectures, 1to1 talks and more) provided there. The event participants will be able to access the event app, the online registration and the Vystem platform via a link, and to manage their participation and receive information about the event via the event app. The organizer independently and autonomously controls the content of the event app and the Vystem platform via an administration system that can be accessed online (hereinafter "CMS").
1.2 Isardigital does not recognise any general terms and conditions of business or contractual conditions of the organisers which conflict with or deviate from these GTCs, unless their validity is expressly agreed in writing. The general terms and conditions shall also apply if Isardigital carries out the service to the user or organiser without reservation in the knowledge that the user's or organiser's terms and conditions contradict or deviate from these terms and conditions.
2. declaration of consent
2.1 The Organiser agrees to the following general terms and conditions, the general terms and conditions of Vystem, available at http://vystem.io/agb as well as the data protection regulations, available at http://vystem.io/daten protection, when registering and setting up the Vystem account, by confirming the declaration: "I have read the general terms and conditions, the general terms and conditions and the data protection regulations of Isardigital GmbH" by clicking on the button "Yes" during registration.
2.2 By using the Vystem platform and the Event App, the user agrees to the validity of the GTC.
2.3 Isardigital can change or supplement the general terms and conditions at any time within the framework of the legal provisions. In the event of changes to the GTC, the organiser will receive a notice inviting him to agree. In case of an objection, the contractual relationship can be terminated immediately by both parties.
3.1 Prerequisite for the use of the Vystem platform by the organizer is a registration on the platform at http://vystem.io, which is initially free of charge for the organizer. The participant can use the participant-related features of the event app even without a registration, subject to acceptance of the GTC.
3.2 With the acceptance of an offer from Isardigital by the organiser, the contract ("licence agreement") for the use of the Vystem platform is concluded.
3.3 Every registered organizer receives his own Vystem account for an unlimited time. The use of the Event App is subject to the license conditions set out in section 5.
4. contractual obligations
4.1 Upon conclusion of the licence agreement Isardigital undertakes to provide and maintain access to the platform for the duration of the agreement.
4.2 Isardigital also offers the organiser the possibility to upload its own content. This can be data of all kinds, in particular information, texts, brands, trademarks, labels or recordings including third party advertising, which can be placed in the Event App by or for the organiser in connection with the event or which are placed in the course of the event.
4.3 Isardigital expressly does not provide any programming services to the organiser and does not provide the organiser with its own content. The Organiser is solely responsible for the upload, editing and use of the Vystem content and decides alone which content is used to what extent as Vystem content.
4.4 The organizer commits himself to pay the purchase price for the use of the Event-App no later than 30 days after conclusion of the license agreement.
5. restrictions of use
5.1 With the exception of the rights expressly granted here under the terms of the GTC, the organiser is not permitted to use the service without the written consent of Isardigital,
(a) offer for sale, transfer, sublicense, edit and modify the access to the Event App provided by Vystem
(b) use the Event App under or on behalf of a third party,
(c) not to store the data obtained via Vystem for longer than 1 year. At the latest at the end of the event, the data obtained via Vystem must be deleted by the organizer.
5.2 You may not use the Event App and/or Vystem content in connection with any product, service or material that is claimed to be sponsored, endorsed or provided for by or affiliated with :
- for spyware, adware and/or other harmful programs or codes; counterfeit goods; unsolicited bulk e-mail ("spam");
- Acts which aim to mislead search engines to list certain pages higher than they would normally be listed ("web spam");
- for illegal multilevel sales offers, illegal direct sales and/or telephone sales;
- Hate content; insulting, defamatory, abusive or otherwise offensive content;
- Prostitution; stolen products and/or objects used in connection with criminal activities; hacking, surveillance, interception or decoding devices; illegal gambling
5.4 The Event App and/or Vystem content may only be used in such a way that it does not cause damage or disruption to the vystem.io website, the Vystem server or the Vystem data.
6.1 The user is aware that, according to the state of the art, errors in software programs and in the associated documentation cannot be excluded and that it is not possible to develop data processing programs in such a way that they are error-free for all conditions of use and all requirements of the user or to work together with all programs and hardware of third parties without errors.
6.2 During the test phase, the organizer had sufficient opportunities to test the functions of the event app. Irrespective of this, Vystem guarantees a performance period of the event app of 24 hours per day and seven days per week. The software is operational with an availability of 99.9% on an annual average. Excluded from this time are downtimes due to software updates, which are mainly carried out in the evening hours from 6 p.m. to midnight.
6.3 Further excluded from this are those times when the service is unavailable due to technical or other problems beyond Vystem 's reasonable control. This includes, for example, technical faults on end devices, internet coverage or force majeure or the fault of third parties.
6.4 Vystem is supported on the most popular mobile devices You can obtain the exact list of these devices from us at any time. Vystem may, at any time and without notice, discontinue or upgrade support for various devices or operating systems. Existing apps are not affected by this.
6.5 No further assurances of certain properties or of the suitability for use for the application individually planned by the Organiser are given by Vystem .
6.6 Services concerning the subscriber are provided to the subscriber free of charge by Vystem . The warranty for material defects and defects of title with regard to the provision of services free of charge is limited to the case of fraudulent concealment of defects by Vystem .
7.1 Your use of the Event App and the Vystem content is at your own risk. The organizer indemnifies Vystem against all claims by third parties (including legal costs) arising from the use of the event app and the Vystem content, whether based on personal use or on third parties using the password or account with or without the knowledge of the organizer. The exemption applies in particular to losses incurred by Vystem or third parties due to the non-contractual use of the event app, account or password by a third party.
7.2 The user is not allowed to use the account of a third party without his permission. The user agrees to notify Vystem immediately of any unauthorised access to any other account, computer system or network connected to any Vystem server, or any other service obtained by hacking, password mining or any other means.
8.1 Vystem may make any claim against you for damages in relation to your use of the Event App, the Vystem content (collectively, the "Services"), the
The user can only claim compensation for indirect damage, consequential damage or other damage resulting from loss of use, loss of data or loss of profit if the provision of services or information accessible via services has occurred, in particular compensation for indirect damage, consequential damage or other damage resulting from loss of use, loss of data or loss of profit:
(i) gross negligence of Vystem, its legal representatives or vicarious agents;
(ii) the culpable breach of material contractual obligations, insofar as the achievement of the purpose of the contract is thereby jeopardised, with regard to the foreseeable damage typical for the contract, in the amount of damage
(iii) damages resulting from injury to life, body or health, which are based on a negligent breach of duty by Vystem or an intentional or negligent breach of duty by a legal representative or vicarious agent Vystem or
(iv) Liability of Vystem under the Product Liability Act for personal injury or property damage to privately used items.
8.2 The aforementioned limitations of liability and indemnifications also apply to claims against employees, workers, staff, representatives and vicarious agents of Vystem.
9.1 The Promoter or User may terminate its Vystem account at any time by sending a request to this effect to firstname.lastname@example.org. The termination does not release the organizer from his payment obligation.
9.2 The Vystem account of the Promoter may be terminated at any time by Vystem for good cause (including breach of these Terms and Conditions). The participant account can be terminated by Vystem at any time after the event without giving reasons by e-mail with a notice period of 4 weeks.
9.3 The user is expressly advised that upon termination of this agreement all licenses granted by Vystem to you under these Terms will terminate.
9.4 Upon termination, the user is immediately obliged to remove all data obtained in connection with the use of the Event App on all websites, scripts, widgets, applications and other software processed with this data and to delete them.
10. final provisions
10.1 If a provision is or becomes void, the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid provision that is as similar as possible in economic terms.
10.2 Special agreements and collateral agreements must be in writing to be effective. This written form clause may only be deviated from by written agreement. Amendments and supplements to the present terms and conditions shall only be effective if they have been confirmed by us in writing.
10.3 For all legal relationships between Vystem and the user, even if the user is based abroad, German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
10.4 Place of jurisdiction is Munich, Germany, as far as permissible.