§ 1 Scope, relationship to other contract texts
(1) These Terms of Use apply between the operator of the platform (Provider: Sebastian Reinhardt, Einlasshelden.de, Peperkamp 2, 25451 Quickborn, Germany; further details in the legal notice of the respective brand, “Einlasshelden” or “GateHeroes”) and the holder of a customer account (Customer) for the customer account and every use of the platform, regardless of whether the Customer purchases services.
(2) The Customer may be a trader (section 14 of the German Civil Code, BGB) or a consumer (section 13 BGB). Which capacity the Customer has depends on the purpose of the use. A consumer can only be a natural person or an association of private individuals without a commercial or professional purpose (for example a private civil-law partnership or an unregistered association); a registered association (eingetragener Verein) and any other legal person is not a consumer. At registration, the Customer states whether it runs the customer account as a business or organisation or as a private individual (account type, Order Terms § 11 para. 2). Provisions that apply only towards traders or only towards customers who are not consumers are marked as such.
(3) The purchase of paid services is additionally governed by the Order Terms. The processing of personal data of guests on behalf of the Customer is additionally governed by the data processing agreement (DPA); these Terms of Use are the main contract within the meaning of the DPA. How the Provider processes data of the Customer and its users is described in the privacy policy.
(4) Legal texts that the Customer provides on the platform for its guests (legal notice, privacy policy, the organiser's terms and conditions, form legal texts) are declarations of the Customer. The Provider is not a party to the contracts between the Customer and its guests.
§ 2 Customer account, conclusion of the contract
(1) The contract for the customer account is concluded when the Customer accepts these Terms of Use at registration and the Provider opens the customer account. If the Provider creates the customer account for the Customer, the contract is concluded when the Customer accepts them at the first sign-in; until then the customer account cannot be used.
(2) A customer account may only be opened by a person who is of legal age or acts on behalf of a business or an organisation; the Customer confirms this when accepting.
(3) The customer account is free of charge. Only services that the Customer purchases under the Order Terms are subject to a charge.
(4) The Customer provides true and complete information at registration and in the master data, states the account type truthfully and keeps the information up to date. The Customer keeps the access data secret and informs the Provider without undue delay if it assumes that an unauthorised person knows them. The customer account is not transferable.
§ 3 Users of the customer account
(1) The Customer may invite further persons to use the customer account in a role assigned by the Customer (users). Users do not become parties to the contract; minors may be users.
(2) The Customer obliges its users to comply with these Terms of Use, in particular with the usage rules (§ 5, § 6). The Customer is responsible for the actions of its users as for its own.
§ 4 Services of the platform, responsibility of the Customer
(1) The Provider makes available to the Customer the functions of the platform with which the Customer sets up events, manages guests, embeds the registration form of an event on its website, publishes landing pages and notices, sends e-mails to guests and controls admission. Which functions are free of charge and which are subject to a charge is shown on the pricing page.
(2) The Customer is the organiser of its events. The Customer alone is responsible for the events, for the content that it or its users place on the platform, and for the legal texts towards its guests. The Provider is not obliged to review the content and does not review it before it is published.
(3) In every paid package and, as long as the landing page of the event is booked or covered by the landing page of its event group, the Customer may embed the registration form of an event, at no extra charge, on a website that it operates or whose operator has consented to the embedding (embedding approval); the Customer alone is responsible for the website and the consent. For the embedding, the domain of the website must be on the Customer's list of permitted embedding domains. The Customer may also release the registration form as a page of its own on the Provider's domain (form page). The approval requires that the Customer has provided a legal notice (Impressum) and a privacy policy; a link to the corresponding pages of the Customer's own website is sufficient. The Customer may embed the registration form of an event group in the same way if every event of the group that has not yet been completed has a paid package or a covered landing page (Order Terms); for this, the domain must be on the group's own list of permitted embedding domains. The landing page, that is, a designed page with building blocks, media and an address of its own, is not part of the embedding approval; it is an additional service subject to a charge (Order Terms), but it carries the embedding approval as long as it is booked or covered.
(4) If an event for which the Customer has set the embedding approval has neither a landing page nor a form page, its address on the platform shows an information page. It states that registration is handled by the organiser. If the Customer has entered the address of a registration page, the information page also shows a link to it, labelled “Registration page, provided by the organiser” (“Anmeldeseite, angegeben vom Veranstalter”); the Provider does not redirect automatically. The Customer may only enter an address that begins with https:// and whose domain is on the Customer's list of permitted embedding domains; when the address is entered, the Provider checks only this form, not whether the page can be reached, and not its content; it reviews reports about the link under § 8. The operator of the linked page alone is responsible for it; the Provider does not adopt its content as its own. If the embedding approval is not set or has ended, or if the event is blocked (§ 9 para. 1 letter b), the address shows neither the information page nor the link. If the embedding approval has ended and the event is not blocked, it shows, instead of the information page, at most the notice that registration has ended. For an event group, this paragraph applies accordingly.
(5) If a report under § 8 para. 1 has been received about the link on the information page, the Provider may remove the link immediately after reviewing the report, even if the Customer has not breached these Terms of Use; no request under § 9 para. 2 is required for this. The event and the registration form remain. If the Provider removes the link, it informs the Customer without undue delay in text form, stating the facts and pointing out the objection and legal remedies; the Customer may object informally, and the Provider reinstates the link if the objection is well founded. If the Customer breaches these Terms of Use with the link, the Provider may in addition remove it individually under § 9.
§ 5 Usage rules, prohibited content
(1) The Customer may use the platform only for organising events and only in accordance with applicable law.
(2) In particular, it is prohibited to publish, store or send via the platform content that a) is unlawful, in particular punishable (for example incitement to hatred, symbols of unconstitutional organisations, glorification of violence, pornography without effective age verification, insult); b) infringes rights of third parties, in particular copyright, trade mark and personality rights; this also applies to images and other content embedded from third-party sites via an address; c) deceives, in particular by impersonating another organiser or another brand, obtaining access data or payment data by deception (phishing), pretending that an event will take place that is not intended to take place, or offering tickets fraudulently; d) contains malware or refers to it; e) contains advertising to recipients who have not consented (§ 6); f) links to unlawful content, including through the address of the website that the Customer enters for the information page (§ 4 para. 4).
(3) It is further prohibited a) to use notices, storage or other functions without any connection to an event of the Customer, in particular as general file storage or a download service; b) to circumvent security measures of the platform, to query the platform automatically to an extent that goes beyond its intended use, or to overload it.
(4) Files that guests upload via an upload field of the Customer (guest files) are deemed content of the Customer in relation to the Provider; paragraphs 2 and 3 apply to them. The Provider may block or remove an individual guest file under § 9 para. 1 letter a and informs the Customer of this under § 9 para. 3. The Provider takes measures under § 9 para. 1 letters b to e because of a guest file only if the Customer itself is in breach, in particular if it recognisably sets up an upload field for unlawful content or does not act after a note from the Provider.
§ 6 E-mails to guests, mailings
(1) The Customer sends e-mails via the platform in its own name. Invitations and other e-mails relating to an event are only permitted to persons who have registered or whom the Customer has invited as guests.
(2) The Customer may send advertising (mailings) only to recipients whose consent has been given. If the Customer imports a list and declares in doing so that the recipients have consented, the Customer warrants that this declaration is correct and that it can prove the consents. In particular, it is prohibited a) to make this declaration untruthfully, b) to send advertising to recipients without consent, c) to import third-party or purchased addresses as guests in order to send them invitations or other e-mails with advertising content.
(3) The Customer indemnifies the Provider against all claims of third parties arising from a culpable breach of paragraph 2, including the reasonable costs of legal defence.
(4) Towards customers who are not consumers the following applies in addition: If the Customer culpably breaches paragraph 2, it pays the Provider a contractual penalty for each breach, the amount of which the Provider determines at its reasonable discretion and which the competent court may review in the event of a dispute; it amounts to no more than 5,000 euros per breach. A breach is each mailing and each import, regardless of the number of recipients. Several breaches that are legally or economically connected and are based on the same decision (e.g. an automated campaign to an impermissibly imported list) are deemed a single course of action. The contractual penalty incurred for such a single course of action is limited to no more than 25,000 euros in total. The contractual penalty is credited against any claim for damages of the Provider for the same breach.
§ 7 Rights to content
(1) The rights to the content that the Customer and its users place remain with the Customer or its rights holders.
(2) The Customer grants the Provider the non-exclusive, non-transferable right to store, reproduce, make publicly available and technically process this content to the extent required for operating the platform and providing the services, including backup copies and the review under § 8 para. 3 by a commissioned service. The right ends with the deletion under § 13.
(3) The Provider names the Customer or shows its content as a reference only with the Customer's separate consent.
§ 8 Reports by third parties, point of contact
(1) Anyone may report to the Provider content that they consider unlawful or in breach of these Terms of Use via the report form linked in the footer of every landing page and every information page (“Report content”), in the footer of the website and in the legal notice. The Provider confirms receipt of the report, informs the reporting person of its decision and points out possible legal remedies. If the Provider becomes aware of information giving rise to a suspicion of a criminal offence that poses a threat to the life or safety of persons, it informs the competent authorities (Article 18 of Regulation (EU) 2022/2065).
(2) The point of contact for customers and authorities (Art. 11, 12 of Regulation (EU) 2022/2065, Digital Services Act) is the e-mail address in the legal notice of the respective brand; it can be reached in German and English.
(3) The Provider regularly reviews published content (landing pages including the Customer's legal texts, notices and their targets) with the help of an automated system (artificial intelligence) as to whether it violates the law or these Terms of Use. The system does not review e-mails and mailings. The system flags suspected cases; a human decides on any measure, and likewise on reports by third parties. By way of exception, the system itself blocks a piece of content (§ 9 para. 1 letter a) if it clearly detects phishing; a human reviews every such block no later than the next working day and lifts it if it is unfounded. The system takes no other measures. Uploaded files, including those uploaded by guests, are checked automatically for their file format and for malware before they are published or made available, and are not published or not made available if something is found.
§ 9 Measures in the event of breaches
(1) If the Customer breaches these Terms of Use, the Provider may take the measure that is suitable for remedying the breach and is the mildest among the suitable ones: a) block or remove a piece of content, even just the link on the information page, b) block an event; its landing page and its notices are then no longer accessible, registrations (including through an embedded form or the form page) and new access codes are no longer possible, c) restrict individual functions, in particular the sending of e-mails, d) provisionally block the customer account, e) terminate the contract for good cause (§ 12 para. 4).
(2) Before taking a measure, the Provider requests the Customer in text form to remedy the breach within 48 hours. The Provider acts without prior request only if a piece of content is obviously unlawful, a third party is threatened with considerable damage, in particular through phishing, malware or mass advertising without consent, or an authority or a court orders it.
(3) The Provider informs the Customer of every measure without undue delay in text form, stating the facts, the reason (the legal provision or provision of these Terms of Use that was breached), the duration and information on objection and legal remedies, and it states whether the breach was detected by automated means and whether the measure was taken by automated means. The Customer may lodge an objection informally by e-mail or in the customer account; a human reviews it and decides without undue delay.
(4) Access codes that have already been issued for a blocked event remain valid at admission, unless the event itself is unlawful.
(5) For the revocation of purchased services towards consumers, § 15 para. 3 of the Order Terms applies in addition.
§ 10 Availability, maintenance, further development
(1) The Provider does not schedule maintenance during a scanning period of admission that the Customer has set for an event. The Provider announces scheduled maintenance at least 48 hours in advance in the customer account. This does not apply to urgent work to avert security risks. The Provider provides an availability of the platform of 99 % as an annual average. This statement constitutes a contractual agreement on quality (Beschaffenheitsvereinbarung), but is expressly not a guarantee in the legal sense. Liability for falling short of the availability is governed by § 11. Excluded from this availability are maintenance work announced at least 48 hours in advance and downtimes based on circumstances for which the Provider is not responsible and which do not lie within the area of responsibility of the persons it uses to perform its obligations (e.g. force majeure, general disruptions of the internet infrastructure outside the data centres of its service providers). The Provider measures availability by its own monitoring service, which runs on a server separate from the platform in a different data centre and checks the reachability of the application every minute; every minute in which the application does not respond properly to this check counts as downtime; minutes in which the monitoring service records no measurement count neither as downtime nor as availability. The Provider makes the measurements of a calendar year available to the Customer on request. If availability in a calendar year falls short of the commitment, the Customer may reduce the remuneration for the services whose service period was still running at the time of the downtimes by the percentage of the shortfall, pro rata for the part of their service period in that calendar year. There is no right to a reduction for services whose service period had already ended before the downtimes or that had already been fully performed (for example the landing page of a completed event). Further statutory rights of the Customer remain unaffected.
(2) Admission control also works without a connection if the device was synchronised with the platform before admission.
(3) The Provider develops the platform further and may change, add or remove functions. The Provider does not materially restrict purchased services during their service period. If the Provider restricts a purchased service, it does so only for a valid reason under paragraph 4 sentence 1, and it informs the Customer why the restriction is not material.
(4) Towards consumers, the Provider changes purchased services during their service period only for a valid reason, in particular to adapt to a new legal situation, to fix security vulnerabilities, because of technical changes in the environment or to develop the platform further, without additional costs for the consumer and after clear and comprehensible information. If the change impairs access or use more than only insignificantly, the consumer may terminate the contract for the affected service free of charge within 30 days of the information; the Provider then refunds the price for the remaining service period in the way § 15 para. 3 of the Order Terms provides for a revocation, with the date of termination by the consumer taking the place of the revocation (section 327r BGB).
§ 11 Liability, cooperation
(1) The Provider is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under a guarantee and under the Product Liability Act.
(2) In the case of slight negligence, the Provider is liable only for the breach of an essential contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely, and only for the damage that was foreseeable and typical for the contract at the time the contract was concluded.
(3) For services free of charge, in particular the customer account and free packages, the Provider is liable, by way of derogation from paragraph 2, only under paragraph 1. A service that the Provider activates as goodwill instead of or as an extension of a purchased service is deemed to be provided for a charge.
(4) The Customer synchronises every device running Gatekeeper that it uses for admission control with the platform no later than the start of the scanning period of admission (synced); Gatekeeper shows the status of the synchronisation. In the event of a malfunction, the Customer uses the manual admission in Gatekeeper. If the Customer fails to do so, its claim is reduced under section 254 BGB.
(5) The Customer indemnifies the Provider against claims of third parties based on a culpable breach of § 5 by the Customer or its users, including the reasonable costs of legal defence.
§ 12 Term, termination
(1) The contract runs for an indefinite period.
(2) The Customer may terminate at any time without notice, including via the “Cancel account” function in the customer account. In doing so, the Customer chooses: a) “At the end of my active services” (default): The contract ends when the last activated service whose service period is still running expires. For a custom domain and a Recap, this is the period for which they are activated (for purchased services, the paid period); for media storage and quotas, this period, at most twelve months from activation; and for services relating to an event (for example guest package, landing page, guest storage), the end of their service period. Until then, the Customer uses what has been activated as before, but cannot purchase anything new or create events. The Customer may switch to letter b at any time. b) “Immediately”: The contract ends upon receipt of the termination. Activated services end with the contract, including those with a fixed term such as a custom domain. A refund is made only to the extent provided for by law, in particular after a withdrawal from the contract, or if the termination is based on good cause for which the Provider is responsible; the Provider then refunds as under paragraph 3 letters a to d. Before the termination, the “Cancel account” function states the consequences of both options and, for letter a, the expected end of the contract. The Provider confirms the termination without undue delay in text form, stating its content, the end of the contract, the services that end with the contract and the period under § 13 para. 1. If the Provider has also terminated under paragraph 3 and its contract ends earlier than under letter a, the earlier end applies; for services that extend beyond the end of the contract, the Provider refunds under paragraph 3.
(3) The Provider may terminate with three months' notice to the end of a month; the contract ends upon expiry of the calendar month in which three months have passed since receipt of the termination. Until then, the Customer may use the platform and its activated services as before and purchase further services; excluded are the purchase and the renewal of a custom domain. During this time, the ordering process states the end of the contract and points out that activated services can only be used until then. For purchased services, the following applies in the event of termination by the Provider: a) for a guest package, a multi-day package, a landing page and guest storage whose event ends only after the end of the contract, the Provider refunds the price; for an event group and a group landing page, the share of the events after the end of the contract; if no event falls within the period of a group landing page, the Provider refunds the part of the price attributable to the time after the end of the contract, pro rata by time, and refunds in full a period that would begin only after the end of the contract; b) for guest capacity and ticket or outreach quotas, the Provider refunds the price of the portion unused at the end of the contract if the paid service period of that purchase (twelve months, Order Terms § 12 para. 2 b) is still running at the end of the contract; thereafter a purchase is used up; c) for a purchased custom domain and a Recap (continuing obligations), the Provider refunds the part of the price attributable to the time after the end of the contract, pro rata by time; a term that would begin only after the end of the contract is refunded in full; d) for media storage, the Provider refunds the part of the price attributable to the time between the end of the contract and the end of the paid service period of that purchase (twelve months, Order Terms § 12 para. 2 f), pro rata by time; after this period a purchase is used up. If, after receipt of the Provider's termination, the Customer itself terminates “Immediately” (paragraph 2 letter b), the contract ends immediately; if the Customer chooses paragraph 2 letter a, the earlier of the two contract ends applies (end of paragraph 2). In both cases, the refund is calculated under letters a to d pro rata by time or quantity up to the time at which the contract then ends. A complete loss of the refund does not occur. Until the end of the contract, the Provider may offer the Customer to continue the contract; if the Customer accepts the offer by the end of the contract, the contract is continued, otherwise it ends as terminated. If the Customer itself has terminated, the Provider makes no such offer.
(4) The right of both parties to terminate for good cause remains unaffected. Good cause for the Provider is in particular a serious breach of § 5 or § 6, or one continued despite a request. Termination for good cause by the Provider is a measure under § 9 para. 1 letter e; § 9 para. 2 and 3 apply to it. For purchased services, only paragraph 3 letter c then applies accordingly, and for a group landing page paragraph 3 letter a. The Provider makes no offer to continue under paragraph 3 after a termination for good cause. If there was no good cause, the termination is ineffective from the outset; if an objection under § 9 para. 3 is justified for this reason, the contract continues unchanged. The Customer then repays what the Provider has already refunded because of this termination (§ 8 para. 8 of the Order Terms); for purchases through Stripe Managed Payments (§ 3 of the Order Terms), the Provider waives repayment. If there was good cause, the Provider may, upon an objection, offer as goodwill to conclude a new contract; the termination remains effective. The new contract continues the previous contract in substance: it applies on the previous terms as if no termination had taken place. It is concluded if the Customer accepts the offer by the expiry of the period under § 13 para. 1. If a new version of these Terms of Use applies by then, the Customer accepts it upon acceptance of the offer. What the Provider has refunded at the end of the contract remains refunded and does not pass into the new contract. All other activated services pass into the new contract.
§ 13 Data after the end of the contract
(1) After the end of the contract, the Customer may read its customer account for 30 days and export its data, in particular the data of its guests and registrations in a common, machine-readable format and its uploaded files. During this time the Customer may also delete the data of its guests itself.
(2) After the 30 days have expired, the Provider deletes the data of the guests, the content, the uploaded files and the e-mails of the customer account. Only data that the Provider must retain or needs as evidence is retained: invoices for the statutory retention period, and evidence of acceptances and consents until the end of the third year after the year in which the contract ended.
§ 14 Changes to these Terms of Use
(1) The Provider announces a new version of these Terms of Use at least 30 days before it takes effect by e-mail and in the customer account, together with a summary of the changes. The Provider may deviate from this period if the change a) is exclusively advantageous to the Customer, b) follows from mandatory law or an enforceable order of an authority or a court and the period cannot be observed for that reason, or c) is required immediately because of unforeseeable security risks. The new version applies to the Customer only once the Customer accepts it.
(2) If the Customer has not accepted by the time it takes effect, the previous version continues to apply to the Customer. The Customer can then not create new events, purchase services, publish landing pages for the first time or send mailings until it accepts. Ongoing events, admission control and purchased services remain unaffected until the end of their service period. The Provider may terminate the contract under § 12 para. 3.
§ 15 Law, place of jurisdiction, language
(1) The law of the Federal Republic of Germany applies. If a consumer has their habitual residence in another state, they additionally retain the protection of the mandatory provisions of the law of that state.
(2) Towards traders the following applies in addition: If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's place of business.
(3) Towards customers who are not consumers, the German version of these Terms of Use is authoritative. Towards consumers, the version in the language in which they accepted applies. The German and the English versions are identical in content.