Terms and conditions

1. Scope and provider

(1) TickySmart is a service of CaterSmart GmbH, Hauptstraße 41, 95482 Gefrees, Germany, registered with the Local Court of Bayreuth under HRB 8756 (“we”). Further details are in the legal notice.

(2) These general terms and conditions (terms) apply to the user agreement for TickySmart between us and the organizer for whom a workspace is created (“customer” or “you”). They cover all services we offer under the TickySmart name: dashboard, ticket shop, widget, scan app, TickySmart app, public API, webhooks, the connection of AI assistants and all add-ons.

(3) Specific terms that we show you before you sign up for them also apply to individual services, for example the flat rate contract. Data protection is governed by the data processing agreement (section 20). Where the provisions contradict each other, the specific terms and the data processing agreement take precedence over these terms.

(4) Your own terms and conditions do not apply, even if we do not expressly object to them or provide our services in knowledge of them. This only changes if we expressly agree to them in text form.

2. Who TickySmart is for

(1) TickySmart is meant for organizers who do not act as consumers within the meaning of section 13 of the German Civil Code (BGB): companies, freelancers and small businesses, clubs and associations, foundations and other organizations as well as public institutions. By creating a workspace, you confirm that you use TickySmart for these purposes.

(2) You must be of legal age to create an account. Anyone creating a workspace for a company, club or other organization confirms that they are authorized to represent it. The customer is then that organization.

(3) We may refuse a registration without giving reasons.

3. Definitions

• Account: your personal access to TickySmart with email address and password.
• Workspace: an organizer’s area with events, shop, team, settings and billing. One account can belong to several workspaces. Each workspace has its own user agreement.
• Buyers: people who buy tickets, gift vouchers or extras in your shop, join a waitlist or whom you add as guests.
• Ticket: any admission right that TickySmart issues, paid or free, including for guests.
• TickySmart fee: our charge for ticket sales, depending on the billing model in credits, as pay as you go or as a flat rate.
• Credits: prepaid balance for the TickySmart fee. One credit covers the fee for one ticket.
• Price list: the current prices and conditions of the billing models. It is on the pricing page and in the dashboard under Finance & credits.

4. Conclusion of the contract, account and team

(1) The presentation of TickySmart on our website is not a binding offer. The user agreement is concluded when you create a workspace after registering and confirming your email address. You order paid services separately in the dashboard, for example when you buy credits, choose pay as you go or sign up for the flat rate. The contract for these is concluded with your order.

(2) Your details must be true and complete. In particular, keep your company name, address, billing address, VAT ID and the legal information for your shop up to date.

(3) Keep passwords, API keys and the access of your entry devices secret. We recommend two-factor authentication. If you suspect unauthorized access, change your password immediately, revoke the affected keys and device access and let us know. If a phone or tablet with the TickySmart app is lost, sign it out in your team right away.

(4) You can invite people to your team and give them roles and permissions. Whatever your team, your API keys, your entry devices and the AI assistants you connect do in your workspace counts as your own action. You make sure that everyone you give access to complies with these terms.

(5) We automatically delete accounts whose email address has not been confirmed 30 days after registration.

5. Services of TickySmart

(1) TickySmart is software you use to sell tickets for your events online yourself, manage your buyers and handle admission. We provide it as software as a service over the internet. You use it in the browser, in the TickySmart app or via the public API. The scope is described on the website, in the help center and in the dashboard in their current version.

(2) For the term of the contract, you receive the simple, non-transferable right to use TickySmart for your events. You do not receive the source code.

(3) We continuously develop TickySmart. Features may change in the process, as long as the essential services remain and the change is reasonable for you. If we want to discontinue a feature that you evidently use, we announce this at least six weeks in advance. This does not apply if legal or security reasons or the discontinuation of a service by a third party require faster action.

(4) We may change, limit or discontinue free add-ons at any time, such as the starting credits, moving from other ticketing platforms, importing your website or creating an event from a poster, as well as features marked as preview or test.

(5) Our services do not include third-party services that you connect to TickySmart or that your buyers use, such as payment providers, Apple Wallet and Google Wallet, app stores, AI assistants, tracking services and internet access. The terms of the respective store also apply to the TickySmart app from the App Store or Google Play.

(6) The TickySmart app for iPhone and Android is included in every billing model at no extra charge. The app downloads small updates itself. If a version is no longer secure or no longer works with TickySmart, you can use the app again only after an update.

6. Availability, maintenance and support

(1) We run TickySmart on servers in data centers in Germany, monitor them around the clock and make reasonable efforts to keep TickySmart available at all times. We only owe a specific availability percentage if we agree on it separately.

(2) Disruptions of the internet, disruptions at payment providers and other third-party services and force majeure are outside our control.

(3) Where possible, we announce maintenance that interrupts sales in advance and schedule it for quiet sales periods. We apply urgent security updates immediately.

(4) The scan app and the TickySmart app check tickets even without an internet connection. Still, prepare for admission: charge your devices, open them once with a connection before doors open so they have the current ticket list, and keep a plan B for emergencies, such as an exported list of orders.

(5) You get help in the help center and by email to support@tickysmart.io. Workspaces with a paid service (purchased credits, pay as you go or flat rate) can also chat with our team in the dashboard. Fixed response times only apply if we agree on them separately.

7. Your ticket sales

(1) Contracts for tickets, gift vouchers and extras are concluded exclusively between you and your buyers. We are neither the organizer nor the seller and do not become a contracting party of your buyers. We provide the technology you use to sell.

(2) You are responsible for your events and your sales, in particular for:

• running, rescheduling and cancelling the event and refunds to your buyers,
• prices, booking fees, quotas, ticket conditions and cancellation and resale rules,
• the correct tax rates and paying your taxes,
• permits, protection of minors, house rules, safety and the permitted number of guests at the venue,
• fees to collecting societies such as GEMA,
• invoices to your buyers.

(3) Before your first sale, you add your legal information in the dashboard: legal notice, your terms of sale, your privacy policy and, where required, information on the right of withdrawal. You make sure that this information is complete and correct for all countries you sell to. Notes and suggestions from TickySmart, for example on the right of withdrawal or tax rates, make setup easier but are no substitute for legal advice.

(4) With the “Invoices” add-on, TickySmart issues invoices to your business customers in your name. You are the issuer of the invoices. You check that details, tax rates and invoice numbers are correct.

(5) We send emails to your buyers, such as confirmations, tickets and reminders, in your name. You only use email marketing, tracking services and partner links as permitted by law, in particular with the required consent.

8. Payments from buyers

(1) Your buyers pay you directly: through your own account with a payment provider such as Stripe, Mollie or PayPal or by bank transfer to your bank account. We do not accept, hold or pay out any money from your buyers.

(2) You conclude a separate contract with the payment provider for your account. Its terms and fees apply solely between you and the provider. Reviews, account restrictions, payouts, refunds and chargebacks are handled between the provider and you. We have no influence on them.

(3) Payment processing services through Stripe are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (https://stripe.com/legal/connect-account). By connecting a Stripe account through TickySmart, you agree to be bound by these terms as amended by Stripe from time to time. You agree to provide us with accurate and complete information about you and your business and authorize us to share it and transaction information related to your payments with Stripe.

(4) Refunds are processed through the payment provider of the respective order. For bank transfers, you pay the money back yourself. If a buyer reverses a payment through a chargeback, TickySmart automatically blocks the affected tickets.

(5) The booking fee you charge your buyers belongs to you. Payment provider fees are not included in the TickySmart fee; the provider charges them to you directly.

9. Your content

(1) You are responsible for all content that you or your team add to TickySmart: texts, images, logos, videos, line-ups, photos of artists, sponsor logos and seating plans. You confirm that you hold the necessary rights and that the content does not infringe any third-party rights. This also applies to content you import with the help of TickySmart, for example when moving from another platform, from your website, from a poster or via the artist info.

(2) For the term of the contract, you grant us the simple, free, worldwide right to store your content, adapt it technically (for example image sizes and file formats), translate it at your request, reproduce it and make it publicly available as far as necessary for TickySmart. This includes your shop and widget, emails, PDF and wallet tickets, calendar entries, preview images for social networks and, as long as “Show event publicly” is switched on for an event, overviews and search features of TickySmart.

(3) Your content and data remain yours. You can change, export or delete them at any time.

10. What is not allowed

You may not use TickySmart to

• sell tickets for events that are not meant to take place, that you do not organize or for which you do not have the organizer’s permission,
• spread illegal content, in particular content that incites hatred or violence, degrades people, is extremist or harmful to minors or infringes third-party rights,
• deceive buyers about the prices, services, artists, venue or time of an event,
• send spam, phishing or malware or launder money,
• circumvent security measures, access data of other workspaces, query or load TickySmart automatically beyond the intended limits or reverse engineer the software, unless the law expressly permits it,
• offer TickySmart to third parties as software under your own name without our consent.

11. Notices, review and restrictions

(1) Our single point of contact for authorities, the EU Commission and users under the Digital Services Act is support@tickysmart.io. You can reach us there in German and English.

(2) Anyone who finds illegal content on TickySmart can report it to us at this address. The notice should include the address of the page, an explanation, the name and email address of the person reporting it and a statement that the information is correct to the best of their knowledge. We confirm receipt, review the notice promptly, carefully and objectively and inform the person of the outcome.

(3) We do not generally monitor content. We review it in response to notices, information from authorities or concrete indications, for example of fraud. Decisions on measures are made by a human.

(4) If content or your use violates the law or these terms, depending on the severity we may hide content, take an event offline, pause sales, block access or terminate the contract. We choose the mildest effective measure and take into account your legitimate interests and those of your buyers, such as tickets already sold. Where circumstances allow, we give you an opportunity to comment or remedy the violation beforehand.

(5) We explain every measure to you by email: what we did, why and on what basis, and how you can challenge it. You can object by email to support@tickysmart.io. We will then review the case again. You remain free to go to court.

12. TickySmart fee

(1) Creating an account and a workspace, setting up events and designing your shop is free. The TickySmart fee applies to every ticket that TickySmart issues. This also includes free tickets and guests, unless the price list exempts them. Gift vouchers and extras without a ticket incur no fee. Each invoice to business customers that you issue with the “Invoices” add-on costs as many credits as the price list states.

(2) In the dashboard, you choose one of three billing models: credits (section 13), pay as you go (section 14) or flat rate (section 15). The prices in the price list at the time of purchase or billing apply, unless we agree otherwise.

(3) All prices are net prices plus VAT where applicable. Whether and how much VAT applies depends on your place of business and your VAT ID. For businesses in other EU countries, the tax liability may pass to you (reverse charge).

(4) If you cancel a date or an event, you get the fee back for the tickets you refund to your buyers: as credits or, with pay as you go, as an offset, once the refund is complete. The same applies to tickets resold through TickySmart. For individual cancellations, the fee is only returned if the price list provides for it. If buyers keep their tickets, if you do not refund or if a buyer gets their money back through a chargeback, the fee remains.

13. Credits

(1) You buy credits in advance in the dashboard. The price per credit depends on the quantity of the individual purchase and the price list at the time of purchase. The minimum quantity is in the price list. Credits become active once payment has been received.

(2) Credits do not expire as long as your workspace exists. They are not paid out or refunded in money and cannot be transferred to other workspaces. If you delete your workspace, unused credits lapse. If the contract ends because we terminate it with notice or discontinue TickySmart, we refund purchased and unused credits at their purchase price.

(3) New workspaces receive free starting credits according to the price list. Free credits have no cash value. If someone creates workspaces only to receive starting credits several times, we may cancel them.

(4) Credits are used in the order in which they became active. If the free credits are not enough for an order, sales of tickets that require credits pause until you buy more. This does not apply if you have switched on automatic top-up or “Keep selling with pay as you go”. We warn you by email before your credits run out. Keep an eye on your credits: a stop due to missing credits is not a defect of TickySmart.

(5) With automatic top-up, we buy the quantity you selected at the then current price using your saved payment method as soon as your free credits fall below the threshold you selected. You can switch it off at any time.

(6) If the payment for a credit purchase is reversed or disputed through a chargeback, the credits from that purchase become invalid. Credits already used are booked as a negative balance and offset against the next purchase.

14. Pay as you go

(1) With pay as you go, you pay the price per ticket from the price list for each ticket afterwards. Existing credits are used first.

(2) A saved payment method and your business address are required. If payments fail repeatedly or there are indications of misuse, we may end pay as you go for your workspace. You then pay with credits.

(3) We bill on the first of each month for the previous month. If your outstanding fees reach the amount stated for this in the price list earlier, we also issue an interim invoice.

(4) You can switch between credits and pay as you go at any time. Outstanding fees go on the next invoice. If you delete your workspace, we bill outstanding fees immediately with a final invoice.

15. Flat rate

(1) With the flat rate, you pay a fixed monthly price instead of a fee per ticket. Invoices to business customers are included. Payment provider fees and separately priced services are not included.

(2) You sign up for the flat rate in the dashboard. Beforehand, you see the price, minimum term and contract terms; afterwards, you receive the contract as a PDF by email. The contract terms of the flat rate supplement these terms.

(3) The monthly price is collected in advance each month using your saved payment method. We do not change it during the minimum term.

(4) You can cancel the flat rate in the dashboard at any time. It ends at the earliest when the minimum term expires and after that at the end of the current billing month. The billing model you choose when cancelling then applies. Your credits remain untouched during the flat rate and stay valid afterwards.

(5) The flat rate applies to the workspace for which it was concluded.

16. Invoices and payment

(1) We issue invoices electronically and send them by email. You can also find them in the dashboard. Billing is handled by our payment service provider Stripe. You manage your payment method, billing address and VAT ID in the dashboard.

(2) Invoices are due immediately and are collected using your saved payment method. Without a saved payment method, you pay for credits directly when you buy them.

(3) If a payment fails, for example because it is declined, a direct debit is returned or a chargeback is initiated, we let you know. If the invoice is still unpaid after a period of at least seven days, we may pause ticket sales in your workspace until it is paid. Tickets already sold remain valid and admission keeps working.

(4) You bear the costs of a returned direct debit or an unjustified chargeback to the extent you are responsible for it. Otherwise, the statutory rules on late payment apply.

(5) You may only set off claims that are undisputed or have been finally established by a court. You only have a right of retention arising from the same contractual relationship.

17. Price changes

(1) We may change the price list with effect for the future. For credit purchases, new prices apply from the date they take effect. Credits already purchased remain valid, and one credit continues to cover the fee for one ticket.

(2) If we increase the price for pay as you go or the monthly price of a flat rate after the end of the minimum term, we notify you by email at least six weeks in advance. Until the change takes effect, you can switch to another model or cancel the flat rate as of that date. We point this out in the notification.

18. AI features and AI assistants

(1) TickySmart includes features using artificial intelligence, for example writing and translating texts, reviewing events, looking up artist info, importing events from posters, websites or other ticketing platforms and the chat assistant in the dashboard. The dashboard shows which features are free and which require a paid service. Reasonable monthly and daily limits apply. The dashboard lets you know when you are approaching a limit.

(2) AI results are generated automatically and may be wrong, incomplete or unsuitable. Check them before you publish or use them, especially prices, dates, venues, taxes, legal texts and information about people. Whatever you adopt is your content within the meaning of section 9.

(3) For AI features, we transmit the necessary input, such as texts, files or website content, to AI providers working on our behalf. We do not use your content to train AI models and only use AI providers on terms that exclude training with your data. Do not enter health data or other particularly sensitive data into AI features.

(4) If you import events from other platforms or content from websites, you confirm that they are your own events and content or that you are entitled to import them.

(5) You connect AI assistants from other providers, such as Claude or ChatGPT, at your own responsibility. Their provider’s terms apply to them. A connected assistant works with the permissions you grant it and receives data from your workspace for this purpose. Whatever it does there counts as your own action. You can disconnect at any time.

19. Public API, custom domains and sender addresses

(1) You can connect TickySmart to your own software via the public API and webhooks. Follow the limits and rules in the API documentation. We announce changes that break existing integrations in good time, unless security requires immediate action.

(2) Only add custom domains and sender addresses if you own the domain or are allowed to use it. You maintain the DNS records yourself. If they are missing or no longer correct, we show your shop at the TickySmart address and send emails from TickySmart.

(3) We remove sender addresses that are never confirmed and sender addresses of workspaces that have not been used for six months, and let you know by email.

20. Data protection and data processing

(1) We process data about your account, your team and your billing as controller. How we do this is described in our privacy policy.

(2) We process data of your buyers, guests and waitlists on your behalf. You are the controller within the meaning of the GDPR. Our data processing agreement (DPA) applies to this. It is concluded when a workspace is created and forms part of the user agreement. The technical and organizational measures are set out in the TOMs, the service providers we use in the list of subprocessors.

(3) As controller, you inform your buyers about the processing in your privacy policy and obtain consent where required, for example for tracking and email marketing.

(4) If a buyer adds their ticket to Apple Wallet or Google Wallet, we transmit the ticket data to the respective provider at their request.

21. Confidentiality

Both parties treat confidential information of the other party that they learn under the contract as confidential and use it only for this contract, also after it ends. This does not apply to information that is publicly known, that a party already lawfully knew beforehand or that it must disclose by law or by order of an authority or court.

22. Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects and to the extent we have given a guarantee.

(2) In cases of slight negligence, we are only liable if we breach an essential contractual obligation. These are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely. Our liability is then limited to the damage that was foreseeable and typical for the contract when it was concluded.

(3) For free services, such as starting credits or free AI features, we are only liable under paragraph 1.

(4) Strict liability for defects that already existed when the contract was concluded (section 536a (1) BGB) is excluded.

(5) These rules also apply to the personal liability of our employees, representatives and vicarious agents.

(6) Except in the cases of paragraph 1, claims against us become time-barred one year after the statutory limitation period begins.

23. Indemnification

If third parties assert claims against us because of your content, your events, your ticket sales or a violation of these terms or the law, you indemnify us against them, including the reasonable costs of legal defense. This does not apply to the extent you are not responsible for the violation. We inform you of such claims without delay and coordinate the defense with you.

24. Term, termination and deletion

(1) The user agreement runs for an indefinite period. The flat rate is also subject to its minimum term (section 15).

(2) You can end the user agreement at any time by deleting your workspace in the dashboard. This is possible as soon as there are no more valid tickets for upcoming dates, no ongoing refunds, no unpaid invoices, no negative credit balance and no running flat rate. This keeps your buyers’ tickets valid until the event. If you terminate in another way, the contract ends once these points have been settled.

(3) We can terminate the user agreement with three months’ notice to the end of a month, and a running flat rate at the earliest at the end of its minimum term. We then refund purchased and unused credits under section 13.

(4) The right of both parties to terminate without notice for good cause remains unaffected. Good cause exists for us in particular if you seriously violate section 10, or repeatedly despite a warning, provide false information about your identity, defraud buyers or are more than 30 days in arrears with a payment due despite a reminder.

(5) Terminations outside the dashboard must be made in text form. An email is sufficient.

(6) After a deletion request, you have 24 hours to withdraw it. During this time, the workspace is locked. After that, we delete the workspace with all its data, including that of your buyers. The data disappears from our backups after 30 days at the latest. Unused credits lapse. We keep our invoices to you for as long as the law requires.

(7) Before deleting, export whatever you need to keep or want to retain, for example orders, invoices to business customers and monthly reports. After deletion, we cannot restore anything.

(8) You can delete your personal account at any time once you are no longer an owner of any workspace.

25. Partner program

(1) Every workspace can recommend TickySmart with a personal link. If someone registers via your link and creates a workspace, you receive a commission on the TickySmart fees that this workspace actually pays: used purchased credits at their purchase price and paid invoices for pay as you go and flat rate. The commission rate is stated on the partner program page and in the dashboard.

(2) No commission is paid for free credits, credit notes and refunded or reversed amounts, for workspaces that you own yourself or that are affiliated with you, and for workspaces that are referred by the people you referred.

(3) A commission is released once the underlying payment is eight weeks old. If a payment is later refunded or reversed, your commission is reduced accordingly. We offset amounts already paid out against future commissions.

(4) Commissions are settled monthly. You request a payout in the dashboard once the minimum amount has been reached, together with a proper invoice addressed to us. Commissions are net amounts. If you owe VAT, show it on your invoice and we pay it in addition. We transfer the money to your bank account.

(5) Advertise truthfully, without misleading anyone and in compliance with the law, in particular without sending marketing emails without consent. You may not give the impression of acting on behalf of TickySmart and may not run paid search ads on the TickySmart name. In the event of violations, the commission for the affected referrals lapses and we may exclude you from the partner program.

(6) You act as an independent business, not as a commercial agent and not on our behalf. You are responsible for your own taxes.

(7) We may change the commission rate and the terms of the partner program with effect for the future or end the program. We announce this by email at least four weeks in advance. Commissions credited to you up to that point remain.

26. References

We may name you and show your logo as a reference, for example on our website, unless you object. An email to support@tickysmart.io is sufficient.

27. Changes to these terms

(1) We may change these terms with effect for the future if there is a valid reason, such as new features, changes in legislation or case law or changed terms of service providers, and the balance between our services and your payments does not shift to your disadvantage as a result. Prices only change under section 17.

(2) We notify you of changes by email at least six weeks before they take effect. If you do not object in text form before they take effect, the changes are deemed accepted. We specifically point this out in the notification. If you object, the previous terms continue to apply. Either party may then terminate the contract as of the date the change takes effect.

28. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, or if you have no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from this contract is our registered office. We may also sue you at your registered office.

(3) We may transfer this contract with all rights and obligations to a company affiliated with us or to a company that continues TickySmart. We will inform you in advance. You may then terminate the contract as of the date of the transfer.

(4) The contract language is German. Translations of these terms are for information only; the German version is authoritative.

(5) Declarations relating to this contract may be made in text form; an email is sufficient.

(6) If any provision of these terms is invalid, the remaining provisions remain valid.