Airfinity Terms of Service
This Airfinity Event Organiser Agreement (this “Agreement”) describes the terms and conditions on which Airfinity makes its Organiser Platform available to you.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SOFTWARE OR SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. YOU ARE AN ORGANISER OF EVENTS AND WILL BE REFERRED TO AS “ORGANISER”, “YOU” OR “YOUR”. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, OR YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, THE TERMS “ORGANISER’, “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY.
THIS AGREEMENT IS BETWEEN YOU AND AIRFINITY LIMITED, A COMPANY REGISTERED IN ENGLAND WITH REGISTERED NUMBER 09502389 AND REGISTERED OFFICE AT QUEST HOUSE, SUITE 2 GROUND FLOOR, 125-135 STAINES RD HOUNSLOW TW3 3JB UNITED KINGDOM (‘AIRFINITY”, “WE”, “OUR” AND “US”).
Capitalized terms are defined in Section 16.
The Platform currently requires you to have an Eventbrite account in order to use the Services. If you do not have one and still wish to use the Services, please contact us at [email protected]. In order to access the Airfinity service you must register for an account on the Website and connect your Eventbrite account. Once your Eventbrite account has been authenticated, you will be asked to authorise the Airfinity Platform to access your Eventbrite account and we will connect Your Content to the Airfinity Platform.
You are responsible for keeping your login and password confidential. You hereby take responsibility for all actions taken, and instructions provided to Airfinity, under your account, your Eventbrite account, your Events, by you or any third parties, whether or not authorised. You will notify Airfinity immediately of any unauthorised or non-compliant use of your account and will cooperate with us in stopping it.
Subject to the terms and conditions of this Agreement, Airfinity grants to you a limited, royalty-free, non-exclusive, non-transferable, revocable license to use the software and services provided by the Platform during the term of this Agreement (the “Licence”). We hereby reserve all rights not expressly granted herein. Any use of the Platform other than as specifically authorised by us, without our prior written permission, is strictly prohibited and will automatically terminate this license. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark and other intellectual property laws.
4. Data and Results.
The Platform gathers data from Eventbrite and other ticketing, registration and social media platforms on your organisation, your events (“Event Data”) and attendees of those events (“Attendee Data”). The Platform uses each piece of data on you as an Organiser, the Event Data and Attendee Data (together, “Your Content”) both to understand your attendees and as a data point in determining what type of people attend your Events and help you to sell sponsorship to relevant third parties (“Sponsors”) for your future Events.
As part of the Services, the Platform enriches Your Content using data provided by third party providers, using publicly available sources of information, and provides you with insights into that data (“Airfinity Content”) which you can view on your Airfinity Organiser account page.
We may offer integration with other ticketing, registration and social media accounts, platforms and systems in the future in order to provide richer Airfinity Content and if these are relevant to you, you will be prompted to select whether or not you wish to connect your Airfinity account with these services.
We will structure and process the data you provide to enable potential Sponsors to query the data in anonymised format and find events such as yours that they may wish to sponsor.
Airfinity will never sell your Personal Data or any Personal Data of your Attendees. We will contact potential Sponsors and give them the ability to search Airfinity Content for event organisers like yourself using the some of the following criteria:
● Public data about organisers (e.g. location, subject category, event format, event date)
● Attendee Data of events hosted by organisers including job titles, seniority, company, industry, but not personal data of individual attendees.
● Airfinity proprietary categories (e.g. Women in Tech, Fintech, Edtech)
Your Contact details will not be shared with Sponsors without your permission, but Sponsors may contact you through the Platform’s messaging facility to enquire about sponsorship of your future Events.
Airfinity grants you perpetual rights to use, copy, and distribute the Insights as long as you:
a. Credit Us. Conspicuously include: “Source: Airfinity. www.airfinity.com”; and
b. Present the Airfinity Content exactly as we provided It.
You will not otherwise copy (except to make one backup copy), distribute, sell, rent, lease, sublicense or otherwise transfer or make available the Insights or any portion thereof.
6. Consumer Privacy.
You agree to comply with all applicable laws (including, where applicable, EU Directive 95/46/EC and Directive 2002/58/EC as amended), regulations, industry self-regulation, and third-party rights in connection with the Services and our use of anonymous app usage information (including unique user IDs) for audience measurement. You agree not to (i) use the Services to track or collect personally identifiable information of Attendees (or Personal data), or (ii) provide to Airfinity any personally identifiable information (or Personal Data) of app users.
You agree to provide notice to all Attendees, on your Eventbrite event page, or in another prominent location, that your registration process permits data collection for audience measurement and interest-based advertising and sponsorship.
Airfinity recommends that you include the following statement before Attendees confirm their attendance at your Event and provide Attendees with the opportunity to opt out:
“We use a third party provider, Airfinity, to collect information about attendees to help us measure the attendance at our events so we can better understand our audience. Airfinity also uses some of that data to connect us with event sponsors. If you would like to opt out of such data collection, please contact us at [email protected]. Airfinity will never share your personal data, meaning any information which can be used to identify you, with any third party for marketing purposes unless we or they obtain your express consent.”
Should any Attendees contact you, wishing to opt out of data collection, please contact us at [email protected] and we will delete their record from our database.
7. Airfinity Rights.
All right, title, and interest, including intellectual property rights, in and to the Website, the Software, the Service, and the Airfinity Content are and will remain the exclusive property of Airfinity. Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or use same. Following the suspension or termination of your Airfinity account, we will continue to respect this Agreement’s limits on our use of the Your Content. Airfinity reserves the right to terminate the License at any time.
You will not remove any copyright or other proprietary or product identification notices from the Software or its output. You will not cause or permit modification or the reverse engineering or reverse compilation of the Software, or any other attempt to derive source code from the Software.
8. Your Content.
Your Content, whether provided by manual input, file upload or through the Airfinity API connection with other third party ticketing providers such as Eventbrite, shall remain your exclusive property. You grant us a perpetual, non-exclusive, unlimited, worldwide, royalty-free licence to use Your Content to aggregate, match and associate with other data that we have gathered from other sources for the benefit of the community. We will never provide any personal identifying information (such as names and email addresses) from Your Content to the matched data. We will never share contact details of any individual with any other organiser on the Platform. Information that does not identify individuals (such as company name and job title) will be matched and aggregated with other data held on the platform for the benefit of the Airfinity community.
You may submit descriptions, postings, and recommendations through the features available on the Platform. You will not submit any such content that is or that you reasonably should know to be false or misleading, defamatory, or obscene, or that invades another person’s privacy, infringes the intellectual property rights of another, or violates any applicable laws or regulations.
Whilst we will use our reasonable endeavors to secure your data and Your Content, we shall not be liable to you for any loss or corruption of data and you should ensure that you maintain suitable back-ups of such data.
Airfinity agrees to defend, indemnify, and hold you harmless from any judgments, damages, loss, liability, or costs (including reasonable attorneys’ fees) resulting from a third-party claim that the Software or the Services infringe any U.S. or U.K. intellectual property or privacy rights, provided that you (i) promptly inform and furnish Airfinity with a copy of each related communication and action, (ii) allow Airfinity to assume full control of the defense and settlement, and (iii) assist and cooperate with Airfinity, at Airfinity’s expense. Airfinity will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Services or the Software, from your breach of this Agreement, or from a breach by other third parties such as Eventbrite and Twitter. If the Services or Software become, or, in Airfinity’s opinion are likely to become, the subject of a third-party claim against you, Airfinity may, at its option and expense, procure rights for you to continue using the Services or the Software, replace or modify the same so that it performs substantially similar functions but does not infringe, or terminate this Agreement. The foregoing states the sole and exclusive liability of Airfinity and your sole remedy with respect to third party claims of any kind.
10. Warranty Disclaimer.
THE SERVICE, SOFTWARE, AIRFINITY CONTENT AND RELATED INFORMATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRFINITY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. AIRFINITY MAKES NO WARRANTY THAT THE SERVICE, SOFTWARE, THE WEBSITE, OR THE AIRFINITY CONTENT WILL (1) MEET YOUR REQUIREMENTS, (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. AIRFINITY IS UNDER NO OBLIGATION TO RETAIN YOUR CONTENT, ANY INSIGHTS OR AIRFINITY CONTENT OR TO KEEP THE SITE UP AND RUNNING FOR ANY PERIOD OF TIME. AIRFINITY MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE SOFTWARE, THE AIRFINITY SITE, OR THE AIRFINITY CONTENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED A BASIS FOR ENABLING AIRFINITY TO OFFER THE SERVICE AND THE SOFTWARE TO YOU. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
11. Limitation on Liability.
In no event will Airfinity be liable to you or any third party for any consequential loss, exemplary damage, incidental loss , special damage or loss, lost profit, loss or deletion of data or insights, or punitive damages arising from your use of the service or the software, even if Airfinity has been advised of the possibility of such damages. Except with regard to liability stemming from death or personal injury resulting from Airfinity’s negligence, or Airfinity’s fraud, notwithstanding anything to the contrary contained herein, Airfinity’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to GBP £100 (one hundred pounds sterling).
12. Suspension and Termination
Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Service and the Software. You may terminate your Airfinity account and this Agreement at any time by emailing [email protected] with your complete account information and explicit request to terminate. Airfinity may terminate or suspend your access to the Service or terminate this Agreement at any time, for any reason or no reason and without any liability to you. Upon termination, all licenses and other rights granted to you under this Agreement will immediately cease. We will not be liable to you or any third party for termination of this Agreement (whether by us or by you) or any termination or suspension of your use of the Service and Software. Upon any termination or suspension, information in connection with your account may no longer be accessed by you. Notwithstanding the above, Sections 7 through 15 will survive termination.
13. Modification of the Service and of the Terms.
We reserve the right, in our sole discretion, to modify or discontinue the Airfinity Site, the Software, and / or the Service without notice. We may also modify this Agreement from time to time. If the modified Agreement is not acceptable to you, you may terminate your account within 30 days by following the procedure described in Section 11. Use of the Website, or use of the Service, after 30 days, will constitute your acceptance thereof.
This Agreement constitutes the entire Agreement between the parties with respect to the Service and Software and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral between Airfinity and you with respect thereto. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then you and Airfinity agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. You and Airfinity agree that there are no third party beneficiaries of any promises, obligations or representations made by Airfinity. Either Party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture between you and Airfinity. This Agreement will be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
All notices or other communications to Airfinity from you will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Airfinity to you for these purposes:
Suite 2 Ground Floor,
125-135 Staines Rd
Hounslow TW3 3JB
Attn: Legal Counsel
Email: [email protected]
The data collected from Your Content that is enriched and processed by the Platform, and displayed on the Website
Airfinity’s terms and conditions applicable to Organisers
An individual who attends an event organised by an Organiser
Data, including Personal Data, of an Attendee
A conference, meeting, reception, talk or other event organised by an Organiser
Information on an event, such as data, location, topic and industry
a ticketing platform operated by Eventbrite, Inc,
The licence to use the Software and Services provided by the Platform, as granted in section 3 of the Agreement.
You, the organiser of events, and user of the Services
Any information capable of identifying a living individual
Airfinity’s web-based platform application
Airfinity’s Organiser platform, the Software and associated services
The software, codes and algorithms used in the Platform and to produce the Airfinity Content.
Third party firms or companies who provide financial or other support to organisers for events
a social media platform operated by Twitter, Inc.
Airfinity’s website at www.airfinity.com
Event Data, Attendee Data, information on your Sponsors and any other data on an event and organisation organising such event.