Terms & Conditions

These Terms & Conditions ("Terms") apply to the use of the web-based software-as-a-service platform PLANITX (the "Platform") and all related services by business customers (the "Customer"). We only accept conflicting or deviating terms of the Customer if we expressly agree to them in writing.

The contracting party is NeoxEntertainment GmbH, Am Jägerstuhl 10, 37574 Einbeck, Germany (HRB 207220, District Court of Göttingen), represented by its managing director Fabian Grundmann ("we", "PLANITX"). Contact: fabian@neoxentertainment.com.

PLANITX provides the Customer with a venue operating system platform to manage events, staff, shifts, logistics, accreditation, finance and live operations. The functional scope is determined by the respective booking, the modules available on the platform and the configuration shown in the order form or user account.

We provide the service as a technical and organisational service provider within the meaning of Art. 28 GDPR. The Customer is responsible for the concrete content-related use (e.g. the accuracy of entered event, staff and billing data).

A user account is required to use the Platform. The Customer warrants that the data provided during registration is correct and is responsible for keeping access credentials confidential and for all activities carried out under its account. The Customer must prevent unauthorised third parties from using the Platform.

User accounts for the Customer's own staff (e.g. dispatchers, crew members) are created by the Customer or its administrators within the organisation's own environment.

The Customer undertakes to

• use the Platform only within the scope of its contractual authorisation and in compliance with applicable law;
• not infringe the rights of third parties — in particular the personal rights and data protection rights of its staff, applicants and accreditation requesters — and to obtain the necessary consents and permissions;
• verify the accuracy and lawfulness of data before submitting it;
• protect the access credentials provided and report misuse without delay;
• not introduce harmful software and not overload the Platform or impair its function.

Unless otherwise agreed, PLANITX may be provided as part of a pilot project without a minimum term. A pilot serves to evaluate the Platform with the Customer's real data and may be terminated by either party with seven days' notice to the end of a calendar month.

Paid subscriptions depend on the booked plan. Unless otherwise agreed in writing, the prices shown on the Platform or in the offer at the time of booking apply. The price components stated in the offer are decisive; VAT is shown separately.

We strive for high availability of the Platform. Planned maintenance is, where possible, carried out outside peak usage times and announced appropriately. Availability commitments under a service level agreement only apply where expressly agreed in writing.

The processing of personal data is governed by the separate privacy policy. Where PLANITX processes personal data on behalf of the Customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR.

All rights to the Platform, its source code, design and contained content remain with us or the respective rights holders. For the term of this contract, the Customer is granted a simple, non-transferable, territorially unrestricted right to use the Platform for its own purposes.

The parties keep confidential information of the other party confidential. This obligation does not apply to information that was demonstrably already publicly known or becomes known without fault of the receiving party.

NeoxEntertainment GmbH is liable without limitation for damages caused by intent and gross negligence and under the provisions of the German Product Liability Act. In cases of slight negligence, it is only liable for breach of a material contractual obligation and only up to the typical, foreseeable damage.

Liability for loss of data is limited to the typical recovery effort that would have arisen had the Customer performed proper and regular data backups.

Unless otherwise agreed, subscriptions renew for the originally agreed term unless terminated with one month's notice to the end of the term. The right to extraordinary termination for good cause remains unaffected.

Upon termination, PLANITX disables access to the Platform. The Customer may export its data within a reasonable period; afterwards we may delete the data processed for the Customer, unless statutory retention obligations apply.

We reserve the right to amend these Terms, in particular in the event of changes to the legal situation or the services provided. Material changes are communicated to the Customer reasonably in advance. If the Customer does not object within six weeks, the amendment is deemed accepted.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is, where permissible, Einbeck. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.