Terms of Service

1. Introduction

Welcome to Evenue. These Terms of Service ("Terms") govern your use of our website, platform, and services operated by Evenue GmbH ("we", "our", or "us"). By accessing or using our services, you agree to be bound by these Terms.

2. Acceptance of Terms

By accessing and using our services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

3. Description of Service

Evenue provides a digital guest journey platform that enables hotels to create personalized destination content, improve their digital presence, and convert more direct bookings. Our services include but are not limited to:

• Guest Journey Intelligence platform
• Hotel Intelligence Suite
• Content creation and management tools
• Analytics and reporting features
• Customer support services

4. User Accounts

To access certain features of our service, you may be required to create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and complete information
• Updating your information as necessary

5. Acceptable Use Policy

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Upload malicious code or engage in hacking activities
• Spam, harass, or abuse other users
• Interfere with the proper functioning of our services
• Use our services for any unauthorized commercial purposes

6. Platform Ownership and Content Responsibility

Platform Ownership

Evenue GmbH owns and operates the platform infrastructure, including all subdomains, hosting services, and technical systems. You are granted a license to use our platform during your active subscription period.

Content Ownership and Liability

Your Content, Your Responsibility: You retain ownership of all content you create, upload, or publish through our platform. However, you are solely responsible and liable for:

• The accuracy, legality, and appropriateness of all your content
• Ensuring your content complies with all applicable laws and regulations
• Any claims, damages, or legal issues arising from your content
• Obtaining necessary permissions for any third-party content you use

Subdomain and Hosting Rights

All subdomains provided through our service remain the exclusive property of Evenue GmbH. Upon termination or expiration of your subscription, you immediately lose all rights to use assigned subdomains. We host your content on our infrastructure as a service, but this does not transfer any ownership rights to you.

Evenue's Limited Liability

Evenue GmbH is not responsible or liable for user-generated content. We act as a platform provider and hosting service only. You indemnify us against any claims arising from your content or use of our services.

7. Payment Terms

If you purchase paid services:

• All fees are non-refundable unless otherwise specified
• You authorize us to charge your payment method
• Prices may change with reasonable notice
• Failure to pay may result in service suspension

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of information as outlined in our Privacy Policy.

9. Service Availability

We strive to provide reliable service, but we do not guarantee that our services will be available 100% of the time. We may suspend or discontinue services for maintenance, updates, or other reasons. We are not liable for any downtime or service interruptions.

10. Limitation of Liability

To the maximum extent permitted by law, Evenue GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Evenue GmbH and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of our services or violation of these Terms.

12. Termination and Data Handling

Termination Rights

Either party may terminate this agreement with appropriate notice as specified in your service contract. We may terminate or suspend your account immediately for violations of these Terms or for any conduct harmful to our services or other users.

Effect of Termination

Upon termination or expiration of your subscription:

• Immediate loss of subdomain access: You lose all rights to use any subdomains provided through our service
• Content hosting ends: Your content will no longer be accessible via our platform
• Data export period: You have 30 days to export your content before permanent deletion
• No ownership transfer: Platform infrastructure, subdomains, and hosting services remain exclusively ours

Content Recovery

We provide tools for you to export your content during the termination period. After this period, we are not obligated to retain or provide access to your data. Subdomain transfers or ownership transfers are not available under any circumstances.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Germany.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website. Your continued use of our services after such modifications will constitute acknowledgment and agreement of the modified Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: legal@evenue.ai
Address: Evenue GmbH, Hauptstraße 26, 10827 Berlin, Germany