Terms of Service

GENERAL
The following are the agreements that apply to the use of the website www.fansafe.at (and all its sub-domains). As you can read below, these are two separate agreements. On the one hand, the agreements apply to the FanSafe Ticket Personalization Platform (hereinafter referred to as “personalization agreement”) and, on the other hand, to the FanSafe Ticketshop solution (hereinafter referred to as “ticketshop agreement”). When using the FanSafe Ticket Personalization Platform, you conclude a direct user agreement with the FanSafe Ticket Personalization Platform. Everything that has to do with your account, your data and the personalization process is set out in this agreement. To use the FanSafe ticketshop solution, you conclude a direct user agreement with FanSafe Ticketshop that is independent of the personalization platform. Austrian law applies exclusively to both agreements. Disputes are brought before the competent court in Vienna.

PERSONALIZATION AGREEMENT
Scope: By using the FanSafe ticket personalization platform, you enter into an agreement (personalization agreement) with FanSafe GmbH (based in Blumauergasse 6/1/12, 1020 Vienna, UID number: ATU76503829) as a “user”. FanSafe GmbH reserves the right to change the personalization agreement. By registering and using the ticket personalization platform, you agree to the personalization agreement in its initial form and any changes. The personalization agreement does not apply to B2B customers (e.g. organizers, ticket providers, etc.). The terms of use for B2B customers are explicitly and individually agreed in writing when the cooperation agreement is concluded.

Ticket personalization service: Via its digital online platform (the “Ticket Personalization App”), FanSafe offers a ticket service for events, such as concerts, festivals, sporting events, cabarets, musicals & shows, parties, congresses, etc. that enables you
1. to personalize and re-personalize tickets
2. manage all your tickets securely at a central location (FanSafe Cloud)
3. buy and sell tickets at fair prices

The ticket personalization service is only valid if tickets from ticket providers cooperating with FanSafe are to be personalized. The information on whether an event will be personalized is provided by the respective ticket provider for each event before the start of ticket sales. The tickets are purchased from the ticket provider. After completing the purchase, all event and ticket information is sent to the FanSafe Cloud. The user thus receives his digital ticket directly into his FanSafe account and can manage it there. FanSafe has no influence on which data is sent by ticket providers to the FanSafe Cloud and is harmless in the event that incorrect or incomplete data is transmitted.

Registration: In order to use the services of the ticket personalization platform, a free user account with an email address and password must be created. Each individual is only allowed to have one registered account. A main account holder can create up to 4 linked accounts (family accounts). The owners of the linked accounts cannot be changed at will. By contacting FanSafe customer service, it is possible to change 1 linked account per calendar year. All personal data must be given truthfully. In order to fully use our services, ID verification using a Stripe Connected Account and selfie photo is mandatory. The identification data transmitted by the user are neither stored nor viewed by FanSafe. They are used only for a one-time account verification. Based on this verification, you may be required to provide Stripe with additional identification documents. These must be original copies of your identification documents that must not be changed (e.g. provided with a watermark). These ID documents will be deleted after Stripe has checked them. By agreeing to the personalization agreement and using the FanSafe personalization app, you agree that the selfie used in the verification process may be saved and used exclusively for admission control and only in your presence. Furthermore, you agree to be bound by the terms of use of the payment service provider Stripe and accept that these may also be changed by Stripe from time to time.

Ticket sales: When selling / buying a ticket via the FanSafe marketplace, a purchase contract is concluded between 2 users. The ticket seller may only offer tickets that are personalized in his name or in the name of the people in his linked accounts. Tickets may only be offered via the FanSafe marketplace at or below the original ticket price. The seller can withdraw his offer for sale or change the price at any time as long as his offer has not been accepted by another user. Once the buyer reserves the ticket for purchase, the seller is obliged to sell the ticket to the buyer. With the purchase, a definitive contract is concluded between the seller and the buyer. Due to the product characteristics, it is not possible to subsequently cancel the purchase. Once the transaction is complete, there is no withdrawal period for buyers or sellers. The seller is entitled to advertise the sale of the ticket outside of the FanSafe platform excluded of this entitlement are following platforms: Viagogo, Stubhub, Ticketpool, Ticketbande). The purchase, but must take place via the FanSafe platform. Otherwise it may happen that the ticket cannot be re-personalized for the buyer and the ticket loses its validity. If this is the case, the ticket seller is obliged to reimburse the buyer for the purchase price. The ticket buyer pays the offer price plus the re-personalization fees. The ticket seller receives the offer price minus withdrawal fees (the conditions of Stripe Connect – Custom apply) that may be incurred by the payment service provider. The VAT on the tickets sold by the seller through the platform must have been paid on the original ticket before the seller offers the ticket for sale. FanSafe collects VAT on the re-personalization fee for the buyer. As soon as possible after the ticket has been sold, Stripe will transfer the agreed sales price minus the above service fees to the seller. Usually, the payout takes between 3-7 working days. FanSafe offers its users a virtual account on which the total amount to be received can be viewed up to the time of payout. FanSafe assumes no responsibility for the payments arriving on time in the bank account and is not involved in its entirety in the payment processing. After notification of an invalid ticket from FanSafe to Stripe or in the event of (suspected) fraud or a canceled event, payment to the seller may be suspended until the situation is more clarified. If FanSafe says there is a need to do so, FanSafe can instruct Stripe to cancel the payment.
FanSafe reserves the right to (permanently) block users from all FanSafe services in the event of abuse of the personalization agreement.

Sold tickets: After a sale has been concluded, the seller is informed of the sale by email and the ticket is automatically assigned to the buyer. The seller is obliged to destroy all duplicates (screenshots, etc.) of the ticket sold. The buyer must check that the ticket has been correctly transferred to his user account.

Ticket validity: To prevent ticket forgery, the imported ticket is delivered without a QR code. This will only be activated a few hours before the start of the event.

Date changes and cancellations: FanSafe is not liable in the event that an event is canceled or changed and is not obliged to reimburse any prices or fees paid. A refund can only be requested from the ticket provider (where the ticket was initially purchased). FanSafe endeavors to inform about changes of dates and cancellations in the personalization app as soon as possible after they become known, but is not obliged to do so. The user is obliged to inform himself about cancellations or date changes. Usually, ticket buyers are informed in good time by the organizer or ticket provider. Tickets offered for canceled events must be removed from the marketplace by the seller immediately. FanSafe is not liable for any damage caused to users (buyers and sellers) as a result of event changes or cancellations.

Initial ticket personalization: After the initial import of a purchased ticket, the ticket is personalized with a one-time ID verification. All tickets that are bought and imported afterwards are automatically personalized without any further action of the user. Exception: tickets for accompanying persons must be assigned accordingly by the buyer. If tickets are purchased from the ticket provider without correct pre-personalization (i.e. without the correct first- and last name of the attendee) and the data is forwarded to FanSafe, the buyer has 24 hours from purchase to correct the first- and last name on his own. After these 24 hours, the “self-correction” is blocked. The user then has another 48 hours to request a change via FanSafe Support. This change will only be made by FanSafe Support by providing first name, last name and the appropriate FanSafe user name (or email). After the 48 hours, the ticket will be blocked and must be picked up on the day of the event at the venue by the buyer and the corresponding attendee(s) all providing a valid identification document. FanSafe informs the buyer several times by email about the 24 hour and 48 hour deadlines. FanSafe reserves the right to charge a small processing fee upon collection.

Ticket re-personalization: FanSafe ticket re-personalization makes it easy for the user to personalize tickets to another person. FanSafe charges the initial ticket owner a re-personalization fee plus VAT for this service. FanSafe reserves the right to change fees, to time limit or even completely suspend ticket re-personalization.

Payment service: The payment processing services for ticket sales concluded via the FanSafe Marketplace are provided by Stripe and are also subject to the agreement “Stripe Connected Account”, which Stripe terms of use contain (collectively referred to as the “Stripe Service”). In order for Stripe to provide an effective payment processing service, you agree to provide FanSafe with accurate and complete information about you. In addition, you authorize FanSafe to share this information and transaction data in connection with your use of the payment processing services with Stripe.

Data protection: FanSafe protects your personal data in accordance with the General Data Protection Regulation (“GDPR”). FanSafe processes the personal data you provide only to enable the use of the personalization service and to communicate with you in this regard. For more information, see the data protection declaration on our website.

Personal use: FanSafe’s ticket personalization service is intended for personal use. Commercial traders or other commercial parties are prevented from improperly using the platform. Scripts, (partially) automated programs or other methods to get priority when purchasing are not permitted and can lead to a (permanent) blocking of the user.

Liability: FanSafe is not liable for any damage caused by using the personalization service or the platform, such as losses that the buyer or seller may incur as a result of changing an event (see also “Date changes and cancellations”). Exception: the damage was caused by intent, gross negligence or willful negligence. Although FanSafe takes as many measures as possible to ensure the safe and correct functioning of the platform, FanSafe cannot guarantee the accuracy of the personalization service or the platform content. In particular, FanSafe is not liable for the event data transmitted by ticket providers and their accuracy. FanSafe holds itself harmless for the consequences of (any) inaccuracies (such as an incorrect event description, start times, etc.) with regard to the personalization service or the platform. FanSafe is entitled to (temporarily) suspend or restrict use without prior notice or to terminate the platform service without giving reasons, without any entitlement to compensation from FanSafe.

Abuse: As a prerequisite for using the personalization service, you undertake not to offer any information, data or content via our platform that violates laws or regulations.

You also agree that you: will

not feign an unlawful relationship with any person or entity;
will not access restricted / protected areas of the platform;
not forward viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertising of any kind and for any purpose;
not check, scan, test the platform or any other related system or network violate the security or authentication*,
nor will any scripts, (partially) automated programs or other methods be used to obtain priority when purchasing.

* If you discover any security gaps, please send us this information via email to datenschutz@fansafe.at.

If FanSafe suspects that you are not complying with the personalization agreement, FanSafe can (permanently) deny you access to the platform and the personalization service with immediate effect. In the event of non-compliance, we reserve the right to keep your (relevant) data and information in our records for future use. This means that by violating the personalization agreement, we have a legitimate reason to store your data, and we do not have to comply with your request to delete all of your data from our systems. This is done to prevent future abuse.

Disclosure of information: FanSafe has the right to disclose information at any time in order to (i) defend itself in court, (ii) execute a court order, (iii) comply with any law, regulation or government request, (iv) national security, defense, public safety / public health, and (v) upholding their rights.

Complaint process: If you have any complaints about the platform or the personalization service, FanSafe would like to be informed. Please send your complaint (as specific and complete as possible) to support@fansafe.at. You can also submit your complaint using our website contact form.

YouTube services: On some of our pages we present video content that is provided by YouTube via the YouTube API Services. By using FanSafe, you therefore agree to the YouTube Terms of Use.

TICKETSHOP AGREEMENT

Scope: By using the FanSafe ticketshop solution, you enter into an agreement (ticketshop agreement) with FanSafe GmbH (based in Blumauergasse 6/1/12, 1020 Vienna, UID number: ATU76503829) as a “contractual partner” (later also called “customer” or “seller”). The contract is only concluded when a contract is signed by both parties and, unless otherwise agreed, is valid for 24 months. With a 3-month notice period, the contract can be terminated in writing (email to support@fansafe.at or letter) after the minimum contract period has expired. FanSafe GmbH reserves the right to change the ticketshop agreement. However, FanSafe will inform you promptly of changes in writing (email). By using the platform, you agree to any changes to the ticketshop agreement.

Ticketshop solution service: The FanSafe ticketshop solution is a platform service in which FanSafe provides its contractual partners with a complete ticketshop platform. FanSafe makes hardware (server infrastructure) and software available to its contractual partners. This service includes the maintenance (software updates) of the rented platform. The service also includes the initial setup of the ticketshop and customer-specific adaptations agreed in the contract. Depending on the package selection (see website) and / or special, contractually stipulated agreements, additional functions are included. Depending on the package selection, the contractual partner either takes care of his ticketshop completely autonomously (with the exception of changes in the server infrastructure or software updates) or he instructs FanSafe to take over the support of the ticketshop in whole or in part. In any case, however, the terms of use of the respective contractual partner apply. He is responsible for his terms of use and his privacy policy. The data protection aspects of this ticket shop agreement are of course excluded. FanSafe is not obliged to provide terms of use for contractual partners.

Data protection: FanSafe protects your (and all personal data stored in the ticket shop) in accordance with the General Data Protection Regulation (“GDPR”). FanSafe processes the personal data you provide only to enable the use of the ticket shops and to communicate with you in this regard. For more information, see the data protection declaration on our website.

Ticketshop content: All data published on the ticket shops of the contractual partners are provided by themselves and are not related to FanSafe. The respective contractual partner is responsible for all content (event data, ticket information, event conditions, articles, etc.). FanSafe is not liable for incorrect information that is made available on the ticket shops. In the event that FanSafe is commissioned with partial or full support of the ticket shop, the contractual partner undertakes to provide all event information and data (e.g. images) truthfully and in good time. Furthermore, the contractual partner is obliged to check all data before going live and to confirm them in writing (e-mail). The contractual partner is obliged to offer all tickets (including free tickets) exclusively with visitor personalization. The contractual partner is obliged to inform his customers about the following points in his terms of use.

Tickets must be personalized for each attendee with at least first name, last name and email address. The buyer must provide the data truthfully.
Tickets may only be resold at or below the original ticket price.
Only the original file of the ticket (original PDF file) may be offered for sale. Scanned e-tickets, photos of e-tickets, or modified files are not allowed.
In the event of a resale, the seller is obliged to re-personalize the ticket at the contractual partner (Re-personalization may be subject to a charge).
Tickets may NOT be offered on StubHub, Viagogo, Ticketpool and Ticketbande.
Users must not simulate an unlawful relationship with any person or entity.
Users are not allowed to access restricted / protected areas of the platform.
Viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertising of any kind and for any purpose may not be forwarded.
Users may not check, scan, test or breach security or authentication * on the platform or any other related system or network, or
use scripts, (partially) automated programs or other methods to gain priority when purchasing.

*If security gaps are discovered by users and reported to the contractual partner, the contractual partner is obliged to forward the information to FanSafe via email to datenschutz@fansafe.at. FanSafe GmbH reserves the right to (permanently) block users from using all FanSafe services if the points mentioned are violated.

Purchase contract: When the purchase is made, a purchase contract is concluded between the ticket shop visitor (buyer) and the respective ticket shop (seller). FanSafe is in no way between buyer and seller in payment matters and does not hold any payments back from the buyer to the contractual partner or acts in no way as a trustee. Payments always go directly to the seller’s account.

Sale of e-tickets and merchandise: The contractual partner is obliged to mark fully paid tickets and goods (eg: merchandise items, etc.) in the system as “paid” and to send the items or to prepare them for collection. Purchased tickets are only sent as e-tickets (PDF) by email and / or are made available as a download in the buyer’s user account. For other goods, such as merchandise, etc., it is the responsibility of the respective contractual partner to either send the goods by post or to offer a personal handover (e.g. pick-up in the stadium). FanSafe has no influence on whether an article is in stock or whether and when a ticket or article is sent and is not liable for any damage caused by non-delivery of a ticket / article, unless the damage was caused by intent or gross negligence or willful negligence.

Prices: Each contractual partner is responsible for the pricing of the tickets, articles and shipping costs on offer. Tickets are taxed at 13% VAT, all other goods are subject to 20% VAT. These tax rates apply to Austria. For other countries, the applicable tax rates apply there.

Costs: The costs for the FanSafe ticket shop solution depend on the choice of package and are individually designed with each contractual partner. For more information, please contact us via email at support@fansafe.at.

Liability: FanSafe is not liable for damages that you suffer as a result of your use of the ticket shop service or the platform, unless the damage was caused by intent, gross negligence or willful negligence. Although FanSafe takes as many measures as possible to ensure the safe and problem-free operation of the ticket shops, this cannot be 100% guaranteed.

Abuse: The contractual partner undertakes not to provide any information, data or content via the ticket shop platform that violates any law or regulation. He also agrees that he

will not feign an improper relationship with any person or entity.
will not access restricted / protected areas of the platform.
will not send any viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertising of any kind and for any purpose,
nor will check, scan or test the Platform or other related systems or network or breach security or authentication.

If FanSafe suspects that the contractual partner is not complying with the ticketshop agreement, FanSafe can block access to the ticketshop with immediate effect and (permanently) refuse service. In the event of non-compliance, we reserve the right to keep your (relevant) data and information in our records for future use. This means that by violating the ticketshop agreement, we have a legitimate reason to store your data, although we do not have to comply with your request to delete all your data from our systems. This is done to prevent future abuse.

Complaint process: If you have any complaints about the platform or the ticketshop solution, FanSafe would like to be informed. Please send your complaint (as specific and complete as possible) to support@fansafe.at. You can also submit your complaint using our website contact form.

YouTube services: On some of our pages or for the purpose to provide training material we present video content via YouTube Services. By using FanSafe, you therefore agree to the YouTube Terms of Use.