EVENTNOOK PTE. LTD. TERMS OF SERVICE AND MASTER SERVICE AGREEMENT

Last Updated: 6-Sep-2024

Welcome to EventNook! These Terms of Service ("Terms") are a legal agreement between you (“Client,” “Organizer,” or “you”) and EVENTNOOK PTE. LTD. (“EventNook,” “we,” “our,” or “us”) governing your access to and use of our cloud-based event registration management platform and associated services. By subscribing to or purchasing our services, you agree to these Terms.

Company Information:

• Company Name: EVENTNOOK PTE. LTD.
• Website: www.eventnook.com
• Contact Email: hello@eventnook.com
• Contact Address: 36 Armenian Street #05-12, Singapore 179934

1. Definitions

• 1.1 Client/Organizer: Refers to the individual or entity that purchases or subscribes to EventNook’s services.
• 1.2 Attendee: Any individual or participant registered by the Organizer for an event using EventNook’s platform.
• 1.3 Service: The services provided by EventNook, which include the EventNook Registration Management Platform, Event Registration Websites, Contact Management, and the following mobile apps:
• EventNook Kiosk Check-in App
• EventNook Exhibitor Scan
• EventNook Session

2. Acceptance of Terms

By accessing or using EventNook’s platform, you agree to comply with and be bound by these Terms and any other applicable agreements, policies, or guidelines referenced herein. EventNook reserves the right to amend or modify these Terms at any time, and such changes will be effective upon posting on our website. Continued use of the Service after such modifications constitutes acceptance of the amended Terms.

3. Services Provided

• 3.1 EventNook Software Solutions: EventNook provides cloud-based event registration software, mobile applications, and website solutions to manage the registration, check-in, attendee tracking, and engagement for events. Our services include but are not limited to:
• Event registration websites for online registration.
• Mobile apps for onsite event check-in, session tracking, and exhibitor engagement.
• 3.2 Subscription Plans: Services are offered under different subscription models. The subscription grants the Client access to EventNook’s platform for a set period, renewable according to the plan selected.
• 3.3 Support Services: EventNook provides standard customer support as part of the service. Enhanced or premium support services may be available based on the subscription plan.

4. License, Subscription Right, and Ownership

• 4.1 License and Subscription: Subject to compliance with this agreement, we grant you a non-exclusive, non-transferable, and revocable license and subscription right to access and use our platform and SaaS Solutions solely for your internal business purposes during the agreed-upon term. This license and subscription right do not include physical product deliveries, and no transfer of ownership of our platform or its underlying technology occurs through this agreement. Our platform, including its intellectual property rights, remains the sole and exclusive property of EventNook and its licensors.
• 4.2 Usage Restrictions: In connection with the products and services provided by EventNook Pte. Ltd., Customer agrees to the following restrictions:
  • Refraining from any form of commercial exploitation, including licensing, selling, or transferring the Products or Services to third parties;
  • Abstaining from copying, modifying, or creating derivative works based on the Products or Services;
  • Not mirroring or framing the Products or Services on other servers or devices;
  • Utilizing the Products or Services only for internal purposes and not for benchmarking, competitive use, or application service provider purposes;
  • Not attempting to reverse engineer or discover source code;
  • Preserving copyright and proprietary rights notices;
  • Refraining from using the Products or Services for unlawful or malicious purposes;
  • Not engaging in activities that may disrupt the Products or Services' security or operation;
  • Not attempting unauthorized access or penetration testing;
  • Complying with all applicable laws and regulations;
  • Prohibiting access to competitors; and
  • Not assisting others in violating these restrictions.

5. Subscription, Fees, and Payment

• 5.1 Subscription Terms: EventNook provides its services on a subscription basis, with the subscription period and fees determined by the plan selected by the Organizer at the time of registration. The subscription automatically renews unless terminated by either party per Section 12 of these Terms.
• 5.2 Fees: All fees for the Services are due as specified in the order form or subscription plan. Payment obligations are non-cancellable, and fees paid are non-refundable unless expressly stated otherwise in this Agreement.
• 5.3 Late Payment: Late payments may result in suspension or termination of access to the Services. EventNook may charge interest on overdue payments at the rate of 2% per month or the maximum rate permitted by law, whichever is lower.
• 5.4 Taxes: All fees are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying such taxes.

6. Your Content

• 6.1 Ownership of Your Content: You retain all rights, title, and interest in the content you create or upload to the EventNook platform ("Your Content"). This includes but is not limited to designs, images, animations, videos, audio files, logos, code, text, and other materials. You represent that you have all necessary rights and permissions to use, upload, and distribute Your Content.
• 6.2 License to EventNook: By uploading Your Content to our platform, you grant EventNook a worldwide, non-exclusive, royalty-free, and revocable license to store, reproduce, distribute, and display Your Content solely for the purposes of providing our services to you.
• 6.3 Right to Manage Your Content: As the Account Owner or Organizer, you have the right to manage Your Content, including the removal and deletion of any or all of Your Content from the EventNook platform.
• 6.4 Prohibited Content: You are prohibited from uploading any content that:
  • Infringes any third-party intellectual property rights;
  • Violates privacy or publicity rights;
  • Is unlawful, defamatory, or otherwise inappropriate;
  • Encourages criminal conduct; or
  • Contains malware or harmful code.
• 6.5 Disclosure of Your Content: EventNook reserves the right to access, view, and disclose Your Content when required by law, court order, or governmental request, or when such action is necessary to:
  • Comply with legal obligations or regulatory inquiries;
  • Enforce the terms of this Agreement;
  • Detect and prevent fraud, security, or technical issues;
  • Respond to user support requests; or
  • Protect the rights, property, or safety of EventNook, its users, or the public.

7. EventNook Content

• 7.1 Ownership of EventNook Content: The content provided by EventNook, including but not limited to software, documentation, designs, trademarks, service marks, logos, images, text, and other materials (collectively, "EventNook Content"), is the sole property of EventNook Pte. Ltd. and its licensors. EventNook Content is protected by copyright, trademark, and other intellectual property laws.
• 7.2 License to Use EventNook Content: You are granted a limited, non-exclusive, non-transferable license to access and use EventNook Content solely in connection with your use of the Services. This license is revocable at any time. You may not use EventNook Content for any unauthorized commercial purposes, such as resale or redistribution.
• 7.3 Prohibited Use of EventNook Content: You may not:
  • Modify or create derivative works based on EventNook Content;
  • Reverse engineer or attempt to extract the source code of any EventNook software;
  • Use EventNook Content in a manner that infringes any third-party intellectual property rights.

8. Payments and Responsibilities for Event Registration Fees

8.1 Third-Party Payment Processors:

When you, as the Organizer, set up paid events using EventNook, you may choose to collect payments directly using third-party payment processors such as Stripe, PayPal, or any other payment provider, including cryptocurrency platforms. EventNook does not provide payment processing services, and all payments made by Registrants are handled by the selected third-party provider.

8.2 Organizer Responsibilities:

As the Organizer, you are fully responsible for handling all aspects of ticket sales and payments, including:

• Providing the service associated with the ticket purchase.
• Managing cancellations, refunds, or exchanges directly with the Registrants.
• Communicating your refund, cancellation, and event-related policies clearly to Registrants.

EventNook is not responsible for processing refunds or cancellations, and all disputes regarding these matters must be resolved between you and the Registrant.

8.3 Refund Policy:

You must ensure that your refund policy complies with the terms of the payment processor you have chosen. It is your responsibility to issue refunds in accordance with your stated policy and the policies of the payment processor.

8.4 Taxes:

It is your responsibility to determine and collect any taxes applicable to the sale of event tickets or services, including but not limited to sales tax, VAT, or other local taxes. You are also responsible for remitting the appropriate taxes to the relevant authorities. EventNook does not collect or remit taxes on your behalf.

9. Privacy

By using the EventNook platform, you acknowledge and agree to the terms of our Privacy Policies. For detailed information on how we handle personal data, please refer to the following links:

• General Privacy Policy
• Privacy for Attendees
• Privacy for Organizers

10. Confidentiality

• 10.1 Confidential Information: "Confidential Information" refers to all information disclosed by one party ("Discloser") to the other party ("Recipient"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, the terms and conditions of this Agreement, pricing, business and marketing plans, technology, product information, business processes, and any internal information relating to EventNook’s operations. However, Confidential Information does not include information that:
  • (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser;
  • (ii) was known to the Recipient prior to its disclosure by the Discloser;
  • (iii) is received by the Recipient from a third party without breach of any obligation owed to the Discloser or any other party; or
  • (iv) is independently developed by the Recipient without reliance on the Discloser’s Confidential Information.
• 10.2 Protection of Confidential Information: The Recipient agrees to protect the confidentiality of the Discloser’s Confidential Information with at least the same degree of care that it uses to protect its own confidential information, but no less than a reasonable standard of care. The Recipient shall not use any Confidential Information for any purpose outside the scope of this Agreement and will limit access to those employees and contractors who need access to perform the obligations under this Agreement, ensuring they are bound by confidentiality terms as protective as those outlined here.
• 10.3 Disclosure Required by Law: The Recipient may disclose Confidential Information if required to do so by law, provided the Recipient gives the Discloser prior written notice (if legally permissible) of such disclosure and cooperates with the Discloser in any efforts to limit the scope of disclosure.
• 10.4 Survival of Confidentiality Obligations: The Recipient’s obligations regarding the Discloser’s Confidential Information shall continue through the Term of this Agreement and for five (5) years after its termination, except for trade secrets, which shall remain confidential for as long as they meet the definition of trade secrets.

11. Limited Warranty and Disclaimers

• 11.1 Limited Warranty: EventNook warrants that it will use reasonable efforts to provide the Services in a manner consistent with industry standards. However, EventNook does not guarantee that the Services will be uninterrupted, error-free, or secure. EventNook will make reasonable efforts to correct any issues that are identified.
• 11.2 No Other Warranties: To the maximum extent permitted by law, the Services are provided "as is" and "as available," without any representations, warranties, or conditions of any kind, whether express, implied, or statutory. EventNook specifically disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement.
• 11.3 Exclusions: EventNook is not responsible for any damages or losses caused by:
  • Your failure to follow proper instructions or documentation;
  • Issues with third-party products or services integrated with the platform;
  • Downtime or interruptions due to external factors such as network outages, cyberattacks, or force majeure events.
• 11.4 Third-Party Services: EventNook does not provide warranties or support for third-party services or products integrated with the platform, and the responsibility for such services lies with the respective third-party provider.

12. Limitation of Liability

• 12.1 Exclusion of Certain Damages: To the fullest extent permitted by law, EventNook shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, or data, arising out of or related to your use of the platform.
• 12.2 Limitation of Liability: EventNook’s total liability under these Terms shall not exceed the total fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim.

13. Force Majeure

EventNook shall not be held liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, wars, cyberattacks, strikes, government restrictions, or failures of telecommunications or internet service providers. In the event of a Force Majeure, EventNook will make reasonable efforts to resume performance as soon as possible.

14. Copyright Policy

14.1 Copyright Infringement:

EventNook respects the intellectual property rights of others and expects users of our platform to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify us by providing the following information in writing:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the platform;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• Your electronic or physical signature.

14.2 Counter-Notice:

If you believe that your content was removed or disabled in response to a false or mistaken report of copyright infringement, you may file a counter-notification with us that includes:

• Identification of the material that has been removed or to which access has been disabled;
• A statement under penalty of perjury that you have a good-faith belief that the removal or disablement of the material was a result of mistake or misidentification;
• Your name, address, telephone number, and email address;
• A statement that you consent to the jurisdiction of the courts in your location, and that you will accept service of process from the person who provided the original notification or an agent of such person; and
• Your physical or electronic signature.

14.3 Repeat Infringers:

EventNook reserves the right to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.

14.4 Designated Copyright Agent:

You may send your notice of claims of copyright infringement to EventNook at hello@eventnook.com or the following address:

EVENTNOOK PTE. LTD.
36 Armenian Street #05-12
Singapore 179934

15. Term and Termination

15.1 Term:

These Terms are effective upon your subscription to EventNook’s services and continue until terminated by either party.

15.2 Termination by Organizer:

The Organizer may terminate the subscription by providing written notice to EventNook. Termination will be effective at the end of the current subscription period.

15.3 Termination by EventNook:

EventNook reserves the right to terminate or suspend access to the Services if the Client violates these Terms or fails to pay subscription fees.

15.4 Effect of Termination:

Upon termination, the Client’s access to the Services will be revoked, and EventNook will delete or return the Client’s data upon request, subject to applicable data retention requirements.

16. Miscellaneous

16.1 Governing Law:

These Terms are governed by the laws of Singapore, without regard to its conflict of law principles.

16.2 Dispute Resolution:

Any disputes arising from these Terms shall be resolved through arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (SIAC).

16.3 Entire Agreement:

These Terms, together with any associated order forms and agreements, constitute the entire agreement between you and EventNook and supersede any prior agreements or understandings.

16.4 Amendments:

EventNook reserves the right to modify these Terms at any time. You will be notified of any significant changes via email or announcement on the platform.

17. Severability and Waiver

17.1 Severability:

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

17.2 Waiver:

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such terms or any other term, and EventNook’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

If you have any questions or concerns about these Terms, please contact us at hello@eventnook.com.