This Subscription Agreement (“Agreement”) is entered into between:
(i) Eventival spol. s r. o., with its registered office at Seifertova 1527/16, 130 00 Prague 3, Czech Republic, Company ID No. 28991214, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 158355 (“Eventival”), as the provider of the Service (as defined below); and
(ii) you, whether a corporate entity or an individual, wishing to use the Service under the terms set out below (“Customer”).
For the avoidance of doubt, if an individual enters into this Agreement on behalf of an organization, that organization is the Customer, and Eventival assumes that the individual has the power and authority necessary to bind the organization to this Agreement.
1. SERVICE
The service provided under this Agreement (“Service”) comprises the Customer’s use of certain Eventival software solutions and related support services.
1.1 Eventival Application
1. The Eventival Application (“Application”) is a cloud-based software system that enables the management and archiving of large amounts of diverse data, improves organization, division of labour and team communication, and supports the planning and logistics associated with cultural, social and business events. Such events typically, but not exclusively, require participant registration and access control, the organization of transportation and accommodation, the processing of electronic applications, and the storage, processing and publication of audiovisual and other data.
The Application allows its users to store, view, manage, share, link, publish, archive and otherwise create and make available information, communications, opinions, ideas and recommendations, as well as textual, literary, artistic, musical, graphic or other content, including, but not limited to, photographs and videos (“Content”).
2. The Back Office is the password-protected administrative part of the Application. It contains the databases in which the Content is stored, together with the relevant operational modules. The Back Office is accessible to persons whom the Customer has authorized to access all or some of its parts (“Authorized Users”). Use of the Back Office is subject to compliance with this Agreement and Eventival’s Terms of Service and Privacy Policy.
3. The Visitor Page is a part of the Application that includes:
a. a publicly accessible section containing texts, images, photographs, information and modules with selected Content stored in the Back Office, which is accessible to anyone with internet access; and
b. a password-protected section that may contain additional modules used by the Customer to communicate with selected persons who have a valid Eventival Account (“Visitors”).
Use of the password-protected section of the Visitor Page is subject to compliance with Eventival’s Terms of Service and Privacy Policy and any other conditions established by the Customer.
1.2 Eventival Account
1. The Eventival Account (“Eventival Account”) is a single sign-on system for the Application. It is required for access, authentication and authorization to enter the Application and certain integrated third-party applications created and operated by entities under contract with Eventival.
2. The terms governing use of the Eventival Account are set out in Eventival’s Terms of Service.
1.3 Support Services
1. The support services provided under this Agreement (“Support Services”) are services related to the use of the Application, including, in particular, its maintenance and updates, as well as training and user support for the Customer’s Authorized Users.
2. At the Customer’s request, Eventival may provide additional services, including additional training, modifications to the Application, interventions required as a result of improper use of the Application, data recovery, and further development of the Application. Such services will be provided for a fee agreed individually in writing with the Customer.
2. SCOPE OF THE AGREEMENT
1. Eventival grants the Customer a limited, non-exclusive and non-transferable licence to use the Service for a fee in accordance with Article 5 of this Agreement.
2. The Customer grants Eventival a limited, non-exclusive and non-transferable right to use the Content uploaded to the Application solely in connection with providing the Service, as set out in Eventival’s Terms of Service.
For the avoidance of doubt, the Content will not be distributed to the public outside the Service and will not be used by Eventival for marketing or promotional purposes without the Customer’s prior written approval.
3. This Agreement, together with Eventival’s Terms of Service (“Terms of Service”) and Data Protection and Privacy Policy (“Privacy Policy”), sets out the rights and obligations relating to the Service provided by Eventival. These legal documents apply to everyone using the Service.
By using the Service, the Customer confirms that it has read and fully understood these documents and agrees to comply with them. In the event of a conflict between this Agreement and the Terms of Service and/or Privacy Policy, this Agreement will prevail.
4. This Agreement enters into force and takes effect on the date it is signed by both parties. The Customer has the right to use the Service from that date.
3. SUBSCRIPTION PLAN
1. The subscription plan (“Subscription Plan”) means the scope of the Service to be provided to the Customer.
2. Based on the Customer’s instructions provided in response to the Order Confirmation Request and the corresponding quote (“Quote”), Eventival will create the Application corresponding to the selected Subscription Plan and make it available to the Customer. The Quote will specify the time, financial and other terms relating to use of the Service.
3. Eventival is not responsible for the Customer’s selection of the appropriate Subscription Plan. However, Eventival will make reasonable efforts to explain the differences between the available plans before providing the Quote.
4. The Subscription Plan selected by the Customer and the total subscription fee (“Subscription Fee”) for each calendar year or other agreed twelve-month period will be specified in the Quote.
4. ACTIVATION OF THE SERVICE
1. Upon receipt of the completed Order Confirmation Form (“Order Confirmation Form”) and the agreed Quote, Eventival will make the Service available to the Customer in accordance with the instructions provided in the Order Confirmation Form and to the extent set out in the Quote. The Customer is thereby authorized to use the Service.
2. By submitting the Order Confirmation Form, the Customer agrees to be bound by this Agreement, Eventival’s Terms of Service and Privacy Policy, and agrees to pay the annual Subscription Fee in accordance with the Quote, unless otherwise agreed in writing.
5. FEES AND PAYMENT TERMS
1. The Customer agrees to pay the Subscription Fee on the basis of an invoice issued by Eventival after the conclusion of this Agreement (“Invoice”). Unless otherwise agreed, the Invoice is payable within 30 days.
The Customer is responsible for providing complete and accurate billing information and agrees to pay each Invoice in full by its due date.
2. The Customer is responsible for all applicable taxes and fees, except taxes imposed on Eventival’s net income. Eventival will charge any tax it is required by law to charge.
If fees are paid by credit card or other electronic means, the Customer authorizes Eventival to charge them using the Customer’s selected payment method.
3. If the Customer fails to pay an Invoice by its due date, Eventival is entitled to charge interest on late payment at the rate of 0.1% of the outstanding amount for each day of delay.
In the event of a delay in payment of any part of the applicable fee, Eventival may charge late-payment interest as set out above. Eventival may also, at its sole discretion and without limiting its other rights and remedies, suspend or terminate the Customer’s use of the Service.
4. All payments for the Service and its components are non-refundable, except where otherwise required by law or expressly agreed in writing by the parties.
5. If the Customer continues to use the Service during a subsequent subscription period (“Service Renewal”), Eventival will issue an Invoice for the renewal, on the basis of which the Customer will pay the applicable annual Subscription Fee.
6. Eventival reserves the right to adjust the Subscription Fees from time to time. Eventival will notify the Customer of any fee change by email at least 30 days before the Customer’s Service Renewal date.
6. AUTHORIZED USERS
1. The Customer may designate any number of Authorized Users who may use the Application and upload or delete Content on the Customer’s behalf.
Authorized Users may include the Customer’s employees, agents, consultants, contractors or other personnel, as well as other third parties acting in the Customer’s interest or on its behalf.
Authorized Users may access the Application and may view, use, export and publish Content provided to the Application by any of the Customer’s Authorized Users, subject to the access permissions granted by the Customer.
2. The Application is not authorized for use by persons under the age of 16. The Customer must ensure that it does not grant access to any such person.
3. The Customer is solely responsible for:
a. selecting its Authorized Users;
b. maintaining the confidentiality of the Authorized Users’ passwords and accounts;
c. managing access to the Authorized Users’ accounts; and
d. ensuring that each Authorized User complies with this Agreement, Eventival’s Terms of Service and Privacy Policy.
4. The Customer is also responsible for complying with all applicable information obligations and obtaining any consents necessary:
a. to enable Authorized Users to access, monitor, use and disclose the Content; and
b. for Eventival to provide Authorized Users with such access to the Content.
5. Eventival may require the Customer to suspend or terminate immediately the Application access of any Authorized User who:
a. violates this Agreement, Eventival’s Terms of Service and/or Privacy Policy; or
b. uses the Application in a manner that Eventival reasonably believes may impair the security of the Application or its use by other users, or may result in liability for Eventival.
If the Customer fails to suspend or terminate the Authorized User’s access, Eventival may do so at its sole discretion.
6. Eventival has no liability for the acts or omissions of the Customer’s Authorized Users.
7. COOPERATION
7.1 General Cooperation
The parties undertake to cooperate with each other in order to fulfil the purpose of this Agreement effectively.
7.2 Customer’s Obligations
The Customer must:
a. follow Eventival’s recommendations concerning the use of the Application and designate a person responsible for communication with Eventival (“Eventival Coordinator”), whose name must be provided to Eventival in writing. If the Eventival Coordinator ceases to cooperate with the Customer, the Customer must appoint a new Eventival Coordinator without undue delay;
b. submit support requests and other requests in accordance with the communication rules made available to the Customer in written or electronic form on the date this Agreement is signed;
c. notify Eventival in writing and without undue delay of any defects in the Application or deficiencies in the Support Services of which it becomes aware;
d. before Eventival begins providing requested support, provide Eventival with all information reasonably necessary for that support and ensure appropriate cooperation between the Customer’s employees or collaborators and the person designated by Eventival to provide the support; and
e. allow Eventival to publish the Customer’s name and logo in Eventival’s digital and printed marketing and promotional materials.
7.3 Eventival’s Obligations
Eventival must:
a. record the information provided by the Customer in connection with reported problems and defects and maintain documentation concerning their nature and resolution;
b. in the event of defects in the Application or deficiencies in the Support Services reported electronically, by telephone or in person, use reasonable efforts to address them following the first request, without prejudice to the fact that the Application is provided “as is”, without guarantees regarding its characteristics, as set out in Article 2 of the Terms of Service;
c. ensure that the support requested by the Customer is provided as soon as reasonably possible;
d. notify the Customer by email of planned maintenance of the Application that may affect its use at least 48 hours in advance; and
e. inform the Customer of changes in processes and practices that may affect the operation of the Application.
8. DURATION AND TERMINATION OF THE AGREEMENT
1. This Agreement is concluded for a period of one calendar year, unless otherwise specified in the Quote.
2. The Agreement will renew automatically at the price valid on the last day of the current subscription period, unless otherwise agreed or unless the Agreement is terminated in writing by either the Customer or Eventival before the end of the current subscription period in accordance with this Agreement.
3. This Agreement may be terminated by written agreement between the parties. As of the termination date agreed by the parties, all outstanding obligations must be settled.
4. The Customer may terminate this Agreement at any time by sending written notice to Eventival.
5. Eventival may terminate this Agreement by sending written notice, including by email, to the Customer if:
a. the Customer or any of its Authorized Users violates this Agreement, Eventival’s Terms of Service and/or Privacy Policy, including by failing to pay applicable fees when due;
b. Eventival has reason to believe that the Customer or any of its Authorized Users is committing or participating in unlawful conduct, including an attempt to damage the integrity of the Application; or
c. the Customer or any of its Authorized Users causes damage or harm to the Application or its other users.
Eventival may terminate the Agreement with immediate effect or, at its sole discretion, grant the Customer a period in which to remedy the breach.
6. Eventival may withdraw unilaterally from this Agreement if an event beyond Eventival’s reasonable control prevents it from providing the Service (“force majeure”). In such a case, the Agreement will terminate upon delivery to the Customer of written notice describing the force majeure event.
7. Upon termination of this Agreement:
a. the rights granted to the Customer under this Agreement, except where expressly stated otherwise, will cease immediately; and
b. Eventival will cease providing Support Services to the Customer.
8. The following provisions will survive termination of this Agreement: Intellectual Property Rights, Return of the Customer’s Content, Governing Law and Dispute Resolution.
9. RETURN OF THE CUSTOMER’S CONTENT
1. Upon termination of this Agreement, the Customer has the following options regarding its Content:
a. The Customer may download its Content independently using the tools available in the Application no later than the termination date.
b. No later than 30 days before the termination date, the Customer may request in writing that Eventival download the Content at the Customer’s expense, as described below.
c. No later than 30 days before the termination date, the Customer and Eventival may agree that Eventival will retain the Customer’s Content in the Application for an agreed period and at a mutually agreed price.
2. Eventival will charge the Customer an hourly fee of EUR 180 for downloading the Content. At the Customer’s request, Eventival will provide an estimate of the time required to perform the task.
3. Eventival will deliver the Content to the Customer in Excel spreadsheets within a period agreed in writing between Eventival and the Customer.
Eventival may require payment of all or part of the applicable fee before commencing the work. The Customer must confirm receipt of the returned Content in writing.
4. Unless the Customer has requested the return of the Content in accordance with Section 9.1(b), or unless Eventival and the Customer agree otherwise, Eventival will delete the Customer’s Content 30 days after termination of the Agreement.
10. GOVERNING LAW
This Agreement is governed by the laws of the Czech Republic, excluding its conflict-of-law rules, in particular Act No. 89/2012 Coll., the Civil Code, including Sections 1724 et seq. and 2358 et seq.
11. DISPUTE RESOLUTION
1. All disputes arising in connection with this Agreement with an aggregate value of EUR 10,000 or less will be finally settled by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic, in accordance with its Rules, by one arbitrator appointed by the Chairman of the Arbitration Court.
2. All disputes arising in connection with this Agreement with an aggregate value exceeding EUR 10,000 will be settled by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic, in accordance with its Rules, by three arbitrators.
3. If there is doubt concerning the value of a dispute, the value will be deemed to exceed EUR 10,000.
12. ENTIRE AGREEMENT; SEVERABILITY; WAIVER
1. This Agreement, together with Eventival’s Terms of Service and Privacy Policy, constitutes the entire agreement between the Customer and Eventival concerning the Service and supersedes all prior or contemporaneous agreements or terms concerning use of the Service.
2. If any provision of this Agreement is found by a court or arbitration tribunal to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid provision that reflects as closely as possible the meaning and intent of the original provision.
3. A failure by Eventival or the Customer to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.
13. ASSIGNMENT
1. The Customer may not transfer or assign any rights or obligations under this Agreement to a third party without Eventival’s prior written consent, except for a transfer to a related party or in connection with a merger, acquisition, corporate reorganization, or sale of the Customer’s business or a substantial part of it.
2. In particular, the Customer may not allow a third party to use the Application, whether for a fee or free of charge, or permit a third party to copy the Application or any part of it, without Eventival’s prior written consent.
3. Eventival may transfer its rights and obligations under this Agreement at any time in accordance with applicable law.
14. NOTICES
1. Any notice required under this Agreement to be made in writing may also be sent by email or, where applicable, through an official data box.
2. Notices addressed to Eventival by email must be sent to info@eventival.com. The Customer may also use this address to send questions concerning Eventival, this Agreement, the Terms of Service or the Privacy Policy.
3. Notices to the Customer will be sent to the Customer’s email address provided to Eventival in the Order Confirmation Form.
4. The Customer may contact Eventival at any time at info@eventival.com with questions concerning the Service, this Agreement, Eventival’s Terms of Service or Privacy Policy.
5. Any matters concerning cooperation with Eventival that are not regulated by this Agreement are governed by Eventival’s Terms of Service or Privacy Policy.
Updated: 13 March 2026