Terms of Service - DeSight Events

for the use of the SaaS platform "DeSight Events"

Effective Date: July 1, 2026 Version: 1.0

Preamble

These Terms of Service ("Terms") govern the provision and use of the cloud-based Software-as-a-Service platform DeSight Events (hereinafter "Platform" or "Service").

These Terms are addressed to both entrepreneurs within the meaning of § 14 BGB and consumers within the meaning of § 13 BGB. Where individual provisions apply exclusively to entrepreneurs, this is expressly indicated.

1. Definitions

In these Terms, the following terms have the meanings set forth below:

"Platform" or "Service": The cloud-based SaaS solution for event management, ticketing, participant management, email invitations, WhatsApp communication, analytics, and related functions provided by DeSight Events, including all interfaces, APIs, and documentation.
"Provider": DeSight Store UG (haftungsbeschränkt) or DeSight Studio Inc., depending on the customer's registered office (see Section 2).
"Customer": The natural or legal person who concludes a contract with the Provider for the use of the Platform.
"User": Natural persons authorized by the Customer to access the Platform.
"Contract Term": The period during which the Customer is authorized to use the Platform.
"Trial Period": The free period of 14 days described in Section 5.
"Event": An event created and managed by the Customer via the Platform, including in-person events, online events, and hybrid formats.
"Ticket": A digital participation document issued via the Platform, created, sold, or distributed free of charge.
"Ticket Purchase": The acquisition of a ticket by a participant via the Platform, regardless of whether it is paid or free.
"Registration": The registration of a participant for an Event via the Platform, including RSVP confirmations.
"Participant": A natural person who registers for an Event via the Platform or purchases a ticket.
"Customer Data": All data entered, uploaded, or generated in the Platform by or on behalf of the Customer, including event details, participant data, form data, and configurations.
"Participant Data": Personal data of participants that the Customer enters into the Platform, imports, or collects via registration forms.
"Invitations": Event invitations created by the Customer and sent via the Platform, particularly by email or WhatsApp.
"Transaction Fee": The fee charged by the Provider for paid ticket sales (see Section 6).
"Stripe Connect": Stripe's payment system through which paid ticket sales are processed.

2. Contracting Parties and Scope

2.1 Contracting Party

Depending on the Customer's registered office, the following contracting party applies:

a) Customers with registered office in the EU/EEA (including Germany, Austria, Switzerland): DeSight Store UG (haftungsbeschränkt) Fallstraße 24, 81369 Munich, Germany Munich Local Court, HRB 262442 VAT ID: DE340309881 Managing Director: Dominik Waitzer

b) Customers with registered office outside the EU/EEA: DeSight Studio Inc. 8911 N. Capital of Texas Highway, Suite 4200, Austin, Texas 78759, USA President & Co-CEO: Dominik Waitzer

2.2 These Terms are binding. Conflicting terms of the Customer shall not become part of the contract.

3. Subject Matter and Scope of Services

3.1 The subject matter of the contract is the temporary provision of the use of the Platform as a SaaS service via the Internet.

3.2 Core Functions (as of July 2026):

Event Management: Creation, configuration, and management of events (in-person, online, hybrid) with multilingual support
Ticketing: Creation of free and paid tickets with flexible pricing, quota management, and waitlists
Registration Management: Registration forms with custom fields, RSVP confirmations, waitlist management, and additional guests
Invitation Management: Sending invitations via email and WhatsApp, bulk import, scheduling, and tracking (open and click rates)
Email Communication: Automated confirmation emails, reminders, cancellation confirmations, and waitlist notifications
WhatsApp Business: Message management via WhatsApp Business API (via authorized Business Solution Providers), opt-in management, invitations, reminders, and confirmations
Analytics and Reporting: Dashboard with metrics on registrations, ticket sales, email performance, WhatsApp statistics, and participant behavior
Custom Branding: Customization of colors, fonts, logos, and custom CSS per event and tenant
White-Label: Complete white-label solution for enterprise customers
Open REST API: Programmatic access for integrations and automations
Role and Permission Management: Granular user rights for teams
Stripe Connect Integration: Processing of paid ticket sales via Stripe with automatic transaction fee calculation
Invoice Management: Creation and management of invoices for ticket sales
Calendar Integrations: Integration of external calendar services (e.g., Google Calendar, Microsoft Outlook)
Online Platform Integrations: Connection to Zoom, Microsoft Teams, and custom meeting links
Privacy Compliance: Integrated GDPR tools including consent management, data export, data deletion, and audit logging

3.3 The scope of functions varies depending on the subscribed plan. The current service description can be found on the Provider's product page.

4. Registration and User Account

4.1 Use of the Platform requires registration. The Customer must provide accurate and complete information.

4.2 Registration creates a user account. The Customer is obligated to keep their login credentials confidential and is responsible for all activities under their account.

4.3 The Customer undertakes to immediately report any unauthorized access to their account to the Provider.

4.4 The Provider reserves the right to temporarily block accounts in case of suspected misuse, violation of these Terms, or payment default.

5. Trial Period

5.1 New customers receive a 14-day free trial period with full functionality.

5.2 The trial period ends automatically. No automatic conversion to a paid subscription takes place.

5.3 During the trial period, these Terms apply in full.

5.4 The Provider reserves the right to change the duration and scope of the trial period at any time.

6. Prices, Billing, and Payment

6.1 Subscription Prices

Subscription prices can be found in the current price list on the website. All prices are exclusive of VAT.

6.2 Billing Cycle

Billing occurs monthly or annually in advance. A discount is granted for annual payment.

6.3 Transaction Fees for Ticket Sales

a) For paid ticket sales, the Provider charges a transaction fee on the gross ticket price. The amount of the fee depends on the subscribed plan and is communicated to the Customer before concluding the contract.

b) Transaction fees are automatically deducted from the ticket price; only the net amount is paid out to the Customer.

c) In addition to the Provider's transaction fees, Stripe's regular payment fees apply and are charged separately.

d) For free events and free tickets, no transaction fees are charged.

e) Customers with an active subscription (monthly or annual plan) may benefit from reduced or waived transaction fees, provided this is specified in the respective plan.

6.4 Stripe Connect

a) For processing paid ticket sales, the Platform uses Stripe Connect. The Customer must create a Stripe Connect account and accept Stripe's terms of service.

b) Payout of ticket revenue (minus transaction fees and Stripe fees) occurs in accordance with Stripe's payout cycles.

c) The Provider is not liable for payment disruptions attributable to Stripe.

6.5 Payment Default

In case of payment default, the Provider is entitled, after issuing a reminder and setting a deadline, to temporarily block access to the Platform. The Customer has no right to continued Platform access in this case.

6.6 Discount Codes

The Provider may provide discount codes. These are time-limited, non-transferable, and cannot be combined with other offers unless expressly stated otherwise.

7. Contract Term and Termination

7.1 The contract is concluded for an indefinite period (monthly plan) or for the subscribed term (annual plan).

7.2 The monthly plan can be terminated at any time effective at the end of the month.

7.3 The annual plan is automatically renewed for 12 months each, unless terminated with at least 30 days' notice before expiry.

7.4 The right to extraordinary termination for good cause remains unaffected. Good cause exists particularly in case of:

repeated payment default despite reminder;
substantial violation of these Terms;
unlawful use of the Platform;
insolvency or imminent insolvency of the Customer.

7.5 Upon termination or end of the contract, the Customer's data is deleted after the expiration of a 30-day grace period. The Customer is responsible for timely export of their data.

7.6 The Provider makes available to the Customer, during the grace period, the ability to export data in common formats (CSV, JSON).

8. Customer Obligations

8.1 The Customer undertakes in particular to:

use the Platform exclusively for their own business or personal purposes;
comply with all legal obligations (data protection, competition, commercial law, tax law);
not create or distribute unlawful content;
not send spam via the Platform;
keep login credentials confidential and be responsible for all activities under their account;
not use the Platform for distributing malware, phishing, or other fraudulent purposes.

8.2 The Customer remains solely responsible for:

the lawfulness of the events they organize and their content;
compliance with all laws and regulations applicable to their events (e.g., licensing law, hospitality law, youth protection);
accurate representation of event details, prices, and participation conditions;
processing refunds and reimbursements to participants;
the lawfulness of sending invitations and communications via the Platform.

8.3 The Customer is obligated, when using the Platform — particularly when collecting participant data and sending invitations — to comply with all applicable data protection legislation (see Section 12).

9. Ticket Sales and Payment Processing

9.1 Ticket Types

The Platform supports:

Free tickets: Without transaction fees from the Provider
Paid tickets: With automatic transaction fee calculation and processing via Stripe

9.2 Ticket Quotas

The Customer can set maximum participant numbers and ticket quotas per event. When the maximum is reached, a waitlist function can be activated.

9.3 Conclusion of Contract for Ticket Sales

a) The presentation of events and tickets on the Platform does not constitute a binding offer, but an invitation to make an offer (invitatio ad offerendum).

b) The purchase contract for a ticket is concluded between the Customer (as organizer) and the Participant. The Provider acts exclusively as a technical service provider and is not a party to the ticket purchase.

c) Upon completion of the ticket purchase, the Participant receives a confirmation email and digital tickets (PDF, optionally Apple Wallet Pass).

9.4 Cancellation and Refund

a) Cancellation and refund conditions are set individually by the Customer for each event. The Customer is obligated to present these conditions transparently on the event page.

b) The Provider offers platform functions for managing cancellations and refunds. However, the execution of refunds is the responsibility of the Customer.

9.5 Liability

The Provider is not liable for:

the execution or cancellation of events by the Customer;
the accuracy of event details provided by the Customer;
disputes between Customers and Participants;
refund claims of Participants against the Customer.

10. Email Communication

10.1 The Platform enables sending emails via integrated email service providers (e.g., Resend). The Customer acknowledges that sending occurs via these services and that the respective provider's terms of service apply.

10. The Customer is obligated, when using the email functions, to comply with all applicable laws, particularly:

the Unfair Competition Act (UWG), in particular § 7 (consent requirement for advertising);
the General Data Protection Regulation (GDPR);
the ePrivacy Directive and its national implementation.

10.3 The Customer undertakes to provide, in every email sent via the Platform, a working unsubscribe link. The Platform provides automated functions for this purpose.

10.4 The Provider reserves the right to temporarily block email sending in case of suspected spam, misuse, or violation of these Terms.

11. WhatsApp Business Integration

11.1 The Platform uses the WhatsApp Business API via authorized Business Solution Providers (currently Kapso.ai). The Customer acknowledges that sending occurs via these services.

11.2 The Customer undertakes to comply with WhatsApp Business usage guidelines and WhatsApp's Commerce Policy.

11.3 Opt-in Requirements

a) Sending WhatsApp messages to Participants requires in principle prior express consent (opt-in) of the recipient.

b) The Platform provides functions for managing opt-ins. However, the Customer is solely responsible for the correct documentation and proof of consent.

11.4 The Provider is not liable for restrictions, blocks, or policy changes by Meta/WhatsApp.

11.5 The Platform is subject to daily and monthly message limits that vary by plan.

12. Data Protection and Information Security

12.1 Role of the Provider

The Provider processes personal data in accordance with the privacy policy and the GDPR. With regard to participant data collected, stored, and processed by the Customer, the Customer acts as controller within the meaning of the GDPR. The Provider acts in this respect as processor.

12.2 Customer Obligations Regarding Data Collection

The Customer undertakes, when using the Platform — particularly when collecting participant data via registration forms and sending invitations — to comply with all applicable legal provisions, namely:

the General Data Protection Regulation (GDPR), in particular Art. 6 (lawfulness of processing), Art. 7 (consent), and Art. 13/14 (information obligations);
the Federal Data Protection Act (BDSG);
the Unfair Competition Act (UWG);
the ePrivacy Directive and its national implementation;
all other applicable data protection and competition legislation.

12.3 Consent Records

The Customer undertakes, for each Participant to whom they send communications via the Platform, to have a verifiable consent record, insofar as such consent is required by law. The Provider provides functions in the Platform for managing consent records (consent tracking).

12.4 Data Storage and Security

a) Data is stored on servers in Germany and encrypted during transmission and storage (TLS 1.2+ for transmission, AES-256 for storage).

b) The Provider implements appropriate technical and organizational measures to protect the Customer's data, including:

multi-tenant data isolation;
role-based access control;
regular security assessments;
encryption of sensitive data (API keys, access tokens) with AES-256-GCM.

12.5 Data Processing Agreement

The Provider makes available, upon request, a data processing agreement in accordance with Art. 28 GDPR.

12.6 Sub-processors

The Provider may engage sub-processors. A current list is provided upon request. The Customer is informed of any substantial changes to sub-processors.

12.7 Audit Right

The Customer has the right, after giving at least 14 days' prior notice, to conduct an audit of the technical and organizational measures taken by the Provider, or to have it conducted by an independent auditor (at the Customer's expense, unless material deficiencies are found).

12.8 Data Subject Rights

The Provider provides functions for exercising data subject rights, including:

data export (Art. 20 GDPR) in common formats (CSV, JSON);
data deletion (Art. 17 GDPR);
data rectification (Art. 16 GDPR);
restriction of processing (Art. 18 GDPR).

13. AI-Assisted Functions

13.1 The Platform may offer AI-assisted functions (e.g., text suggestions, data analysis). These serve exclusively as support and do not constitute any guarantee or binding recommendation.

13.2 The Customer is obligated to independently verify AI-generated results. The Provider is not liable for damages resulting from following or not following AI results, except in cases of intent or gross negligence.

13.3 The Customer may not use AI-generated content for unlawful purposes.

14. External Services and Integrations

14.1 Stripe (Payment Processing)

The Platform uses Stripe for payment processing. The Customer acknowledges that payment processing occurs via Stripe and that Stripe's terms of service apply.

14.2 WhatsApp Business API

The Platform uses the WhatsApp Business API via authorized Business Solution Providers. The Customer undertakes to comply with WhatsApp's usage guidelines (see Section 11).

14.3 Email Service Providers

The Platform uses external email service providers for sending emails. The Customer acknowledges that the availability of these services is beyond the Provider's control.

14.4 Calendar Integrations

The Platform may integrate external calendar services (e.g., Google Calendar, Microsoft Outlook). The Customer grants the necessary authorizations at their own responsibility.

14.5 Online Platforms

The Platform may integrate online meeting platforms (Zoom, Microsoft Teams). The Customer is responsible for the setup and configuration of these integrations.

14.6 Availability

The Provider is not liable for the availability or performance of external services.

15. Availability and Service Level

15.1 The Provider guarantees Platform availability of at least 99.5% on an annual average (excluding scheduled maintenance and force majeure).

15.2 Scheduled maintenance is performed, where possible, outside normal business hours and announced in advance.

15.3 The Provider is not liable for outages caused by force majeure, third-party disruptions, or Customer actions.

16. Intellectual Property and License

16.1 All rights to the Platform, the software, and the trademarks belong to the Provider.

16.2 The Customer receives a simple, non-transferable right of use for the duration of the contract and exclusively for their own business or personal purposes.

16.3 The Customer retains all rights to their data.

16.4 The Customer may not:

reverse-engineer, decompile, or disassemble the Platform;
reproduce, modify, or create derivative works;
sublicense or sell to third parties;
use for the development of competing products.

17. Confidentiality

17.1 The parties undertake to treat all confidential information obtained in the course of their collaboration as confidential vis-à-vis third parties and to use it only for the purposes of the contract.

17.2 The confidentiality obligation applies for the duration of the contract and for three years after its termination.

18. Liability

18.1 The Provider is liable without limitation in cases of:

intent or gross negligence;
injury to life, body, or health;
assumption of a guarantee;
liability under the Product Liability Act.

18.2 In cases of slight negligence, the Provider is only liable for breach of material contractual obligations. Liability is limited to the foreseeable damage typically arising from the contract.

18.3 Liability for indirect damages, consequential damages, and lost profits is excluded, to the extent permitted by law.

18.4 The Provider is not liable for:

damages resulting from unlawful use of the Platform by the Customer;
damages resulting from non-compliance with data protection or competition legislation by the Customer;
damages resulting from third-party services (Stripe, WhatsApp, email service providers);
data loss attributable to Customer actions or force majeure;
damages resulting from the cancellation, non-execution, or defective execution of events by the Customer;
disputes between Customers and Participants.

18.5 The Provider's total liability is limited to the amount the Customer has paid to the Provider in the last 12 months.

19. Indemnification

The Customer shall indemnify the Provider against all third-party claims arising from violation of these Terms, infringement of third-party rights, or unlawful use of the Platform by the Customer, insofar as the Customer is responsible therefor. This includes in particular claims due to:

unsolicited advertising emails or WhatsApp messages;
violation of data protection legislation;
violation of competition law;
infringement of third-party personality rights;
claims of Participants in connection with Events;
violations of WhatsApp usage guidelines.

20. Applicable Law and Jurisdiction

20.1 Customers with registered office in the EU/EEA: German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Munich.

20.2 Customers with registered office outside the EU/EEA: The law of the State of Texas, USA, applies. The place of jurisdiction is Austin, Texas. The Provider reserves the right to also bring action at the Customer's registered office.

21. Amendments

21.1 The Provider may amend these Terms with 30 days' notice. If the Customer does not object within 30 days, the amendments are deemed accepted. In case of objection, the Customer has a right to extraordinary termination.

21.2 The Provider will inform the Customer of amendments by email or via a notification in the Platform.

22. Final Provisions

22.1 These Terms constitute the entire agreement between the parties.

22.2 Amendments and additions to these Terms must be made in writing, unless another form is prescribed. This also applies to the waiver of this written form requirement.

22.3 If a provision of these Terms is or becomes invalid, the validity of the remaining provisions is not affected. The parties shall replace the invalid provision with a valid provision that most closely approximates the economic purpose of the invalid provision.

22.4 Force Majeure: Neither party is liable for non-performance of obligations due to force majeure. Force majeure includes in particular natural disasters, pandemics, war, terrorism, government measures, power outages, and third-party failures.

22.5 Export Control: The Customer undertakes to comply with all applicable export control and sanctions legislation.

22.6 Notices: All legally relevant notices must be made in writing or by email to the addresses stated in these Terms.

22.7 The German version of these Terms is authoritative. Translations are provided for information purposes only.

22.8 No commercial confirmation letter within the meaning of § 346 HGB applies.

23. Consumer Rights Information (for consumers only)

23.1 Right of Withdrawal

Consumers have a right of withdrawal of 14 days from the conclusion of the contract. The right of withdrawal expires if the Provider has begun executing the contract after the consumer has expressly consented to the Provider beginning execution before the expiry of the withdrawal period, and the consumer has confirmed their awareness of the loss of their right of withdrawal.

Contact for legal and data protection inquiries: legal@desight.events