Terms of Service
Latest version: 07.10.2022
Crescat AS Org. no. 919 076 321 (the “Supplier”) supplies software services related to the planning and execution of events (the “Service”). References to “we” and “us” in the following refer to the Supplier.
The persons using the Service is referred to as “you” or the User.
The following terms apply to your use of and access to the Service (the “Terms of Service”). The User may be held responsible for all activity related to the account of the Service.
The Terms of Service consists of three parts:
- General terms that applies to all Users
- Specific terms for users affiliated with an organization
- Specific terms for individual users, not affiliated with an organization
By accepting the Terms of Service, you undertake to be bound by these terms, use the Service in accordance with the Terms of Service and in a manner that is not to the detriment of the Supplier, the Service or others’ use of it. You accept the Terms of Service by pressing “I accept” when creating a user account.
1 General terms for all Users
1.1 User account and permitted use
You must register a user account to access and use the Service. You are responsible for the security associated with your user account; this includes that you must always keep your login details safe. If you have a reason to believe that your account is being misused by others, you are obliged to inform us.
The User acknowledges and agrees to provide accurate login information and not to create false accounts. By false accounts means login information which is the name of another physical or legal person, or under a false name, or login information that may be confused with another`s name or trademark.
We are not responsibility for content shared through our Services. You are solely responsible for ensuring that any information that you share:
- is not misleading, deceptive or otherwise incorrect;
- does not violate someone else’s privacy or intellectual property rights;
- does not infringe the contractual rights or other rights of any other physical or legal third party;
- does not seem offensive or mortifying;
Content that falls into any of the above categories may be removed from the Service without prior notice.
Redistribution of information retrieved from the Service should not occur without separate permission.
1.2 User licence
All rights to the Services are owned by us. This includes, but is not limited to, concept, design, trademarks, know-how, trade secrets, copyrights, and other intellectual property rights.
By accepting these Terms of Service, you are granted a right to use our Services, limited to those functions made available to you at any time. The right of use does not give the right to modify, reproduce, copy, or imitate the software or other parts of the Service. All attempts to misuse the Service, for instance modifying or changing the Service or attempts to gain unauthorized access to information, is prohibited and will result in your account being temporarily or permanently disabled.
We may make regular updates to the Services. Such updates do not necessarily include all the features that were available in earlier versions of our Services.
1.3 Personal information and User Data
In order for us to provide the Services and register you as a user, we need to register certain personal data about you, such as your first and last name, e-mail address and password. We process personal information in accordance with our privacy policy.
We also use cookies to remember your login details and to keep statistics on how the Service is used.
Through the Service, you will have the opportunity to upload personal information and other content ("User Data").
We maintain a Privacy Statement, and it details how we handle and protect data. We fully incorporate our Privacy Statement into this Terms of Service. Note that we reserve the right to update the Privacy Statement at our discretion, and that any changes made to our Privacy Statement are effective when the updates are live on our App or website
Upon the termination of your user account, we cannot guarantee you will be able to retrieve your User Data. However, we will stop using the User Data, unless we have a legal ground to keep the data.
We use aggregated and anonymized Customer Data to develop and improve our services and products.
1.4 Termination of your user account
You can terminate your user account at any time in your profile page under “edit profile” and then click “delete profile”.
1.5 Changes of terms
We may make changes to these Terms of Service from time to time. If we do this, we will post the changed Terms of Service on this page and will indicate at the top of this page the date the Terms of Service were last revised. You understand and agree that your continued use of any Service after we have made any such changes constitutes your acceptance of the new Terms of Service.
2. Specific terms for Users affiliated with an organization
1.6 Organization User
If you have received an invitation to use the Service in connection with an organization or entity, you are considered an “Organization User”.
Typically, an Organization User has been invited to collaborate on an event, and entails the role of technical staff, promotor, venue, tour manager, security manager etc.
An Organization User may be linked to one or several organizations.
1.7 Responsibility for Organization Users
The organization which invited you is fully responsible for the Service, including handling any claims, questions or other matters towards you.
We assume no responsibility towards the Organization User. Any inquiries received from an Organization User may be forwarded to the organization or entity which gave you the access.
1.8 Termination
We may terminate or suspend your user account if you breach these terms, or we have reasonable grounds to assume such breach will occur. We may also terminate your user account in the event the organization or entity you are associated with (and which we have a separate agreement with) breaches these Terms of Service or an applicable service agreement. In the latter event, please contact the organization or business which gave you access, in case of any questions.
1.9 Continued use
If you chose to continue using the Service following the completion of an event, and we have chosen not to delete your account, you will automatically be considered an Individual User, see section 3 below.
3. Specific terms for individual Users not affiliated with an organization
1.10 Individual Users
If you have created a user account individually, meaning you have not accessed the Service through an organization or as part of a specific event, you are considered an “Individual User”.
As an Individual User, you will have limited access to functionality in the Service.
If you wish access to functionality to create events, book and organize seats, and other types of add ons, you must enter into a separate agreement with us, or receive the access through an organization see section 2 above.
1.11 Consumer law
If you are considered a consumer under EU-law, and an EU/EEA or UK resident, nothing in these Terms of Service will deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement according to the applicable laws where you reside on a regular basis.
1.12 Termination
We may terminate or suspend your user account if you breach these terms, or we have reasonable grounds to assume such breach will occur.
1.13 Indemnification
You agree to indemnify us for any direct loss, that arises as a result of or in connection with your use of the Service or breach of these Terms of Service.
1.14 Limitation of liability
If you have paid us for access to the Service, you can claim compensation for direct losses as a result of a material breach of our obligations under this Terms of Service.
Compensation for indirect losses cannot be claimed. Indirect losses include, but are not limited to, lost profits of any kind, lost savings, loss of data and any claims from third parties with the exception of awarded liability for legal defects. This does not apply to losses caused by the Supplier's acting with gross negligence or intent.
Our total liability during the agreement period shall in any case be limited to the highest of 1) the amount you have paid us for access to the Service or 2) NOK 10.000.
Trial services, beta versions and other no-obligation subscriptions can in no case give rise to direct or indirect liability for the Supplier, including but not limited to, price difference or cost of procuring any substitute goods or services, lost profit, loss of business, loss of anticipated savings or goodwill, or any loss of data, any damage that may result from event cancellations or delays, or failure to fulfil any obligations to third-party providers or contracting entities.
1.15 Online dispute resolution
If you are a consumer and have a complaint regarding these Terms of Services, you may contact us, and we will handle such complaints individually. You may access the European Commission’s online platform for online dispute resolution here: http://ec.europa.eu/consumers/odr/ . Please note we may not be willing to participate in such dispute resolution.
1.16 Legal disputes
These Terms of Service shall be interpreted in accordance with Norwegian law. District Court of Bergen is the legal venue for disputes that cannot be resolved amicably. If you are a consumer, you may be entitled to dispute brought up for the legal venue where you are domiciled.
1.17 Inquiries
Any questions or other inquiries may be directed to:
Crescat AS
Org. No. 919 076 321
Strandgaten 10, 5013 Bergen
support@crescat.no