General Terms and Conditions (GTC)

§ 1 Scope and Provider

These General Terms and Conditions (hereinafter "GTC") govern the use of the FireVue platform (hereinafter "Platform"), operated by:

The services offered by FireVue are directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law (hereinafter "Customer"). Contracts with consumers within the meaning of § 13 BGB are excluded.

Deviating terms and conditions of the Customer shall not be recognized unless FireVue has expressly agreed to their applicability in writing.

§ 2 Subject Matter and Scope of Services

FireVue provides the Customer with a software-based solution (SaaS) for event management. This includes features for creating event websites, registration forms, and questionnaires.

The Platform is hosted as a cloud solution. The Customer is granted a non-exclusive, non-transferable right to access the software via the internet for the duration of the contract.

FireVue continuously develops the Platform. There is no entitlement to the retention of specific features, provided the contractual purpose is not jeopardized.

§ 3 Registration and Contract Formation

Use of the Platform requires the creation of an account. The Customer is obligated to provide truthful and complete information during registration.

The contract is formed upon completion of the registration process and confirmation by FireVue, or upon booking a paid subscription.

§ 4 Special Obligations of the Customer (Forms & Content)

The Customer is solely responsible for all content created on the Platform, in particular the design of registration forms and questionnaires.

Lawfulness of Data Collection

The Customer warrants that any data collected from event participants complies with applicable law (in particular the GDPR and the TTDSG). The Customer shall ensure that they have the necessary legal basis for the collection (e.g., consent).

The Customer is prohibited from using the Platform for unlawful purposes or publishing content that violates public decency, copyright, or personal rights.

§ 5 Intellectual Property and License

All intellectual property rights to the Platform, including its software, design, trademarks, and documentation, remain exclusively with FireVue.

The Customer is granted a limited, non-exclusive, non-transferable, revocable right to use the Platform in accordance with these GTC for the duration of the contract.

The Customer shall not: (a) copy, modify, or create derivative works of the Platform; (b) reverse engineer, decompile, or disassemble the software; (c) sublicense, sell, or otherwise make the Platform available to third parties beyond the intended use; (d) remove or alter any proprietary notices or labels.

§ 6 Payment Terms and Stripe

Remuneration for the use of the Platform is based on the selected plan. All prices are stated exclusive of the applicable statutory value-added tax.

Billing is processed via the payment service provider Stripe.

Stripe Connect (Participant Payments)

If the Customer accepts payments from event participants via the Platform (Stripe Connect Standard), a direct contract is formed between the participant and the Customer. FireVue is neither the seller nor the intermediary of such services. The Customer bears sole responsibility for tax handling, refunds, and support towards the participants.

§ 7 Availability and Maintenance

FireVue aims for a software availability of 99% on an annual average.

Excluded from the guaranteed availability are: (a) times during which servers are unreachable due to technical issues beyond FireVue’s sphere of control (force majeure, fault of third parties such as Vercel, Supabase, or Cloudflare); (b) scheduled maintenance windows, of which the Customer will be notified at least 48 hours in advance where reasonably possible; (c) circumstances caused by the Customer’s own systems or internet connection.

§ 8 Liability and Indemnification

FireVue is liable without limitation in cases of intent or gross negligence, as well as for injury to life, body, or health.

In cases of slight negligence, FireVue is liable only for the breach of a material contractual obligation (cardinal obligation). In such cases, liability is limited to the foreseeable, contract-typical damage, up to a maximum of the total fees paid by the Customer in the 12 months preceding the damaging event.

Indemnification

The Customer shall indemnify and hold FireVue harmless from all third-party claims (in particular from event participants or supervisory authorities) arising from unlawful use of the Platform by the Customer or from impermissible data collection. This includes the costs of reasonable legal defense.

§ 8 Data Protection and Processing Agreement

The parties shall comply with the provisions of the GDPR.

Insofar as FireVue processes personal data on behalf of the Customer, the Data Processing Agreement available at firevue.app/dpa shall be deemed agreed and forms an integral part of this contract.

§ 10 Term and Termination

The contract term is determined by the selected subscription (monthly or annual).

Monthly subscriptions may be terminated with effect to the end of the current billing period. Annual subscriptions may be terminated with a notice period of 30 days before the end of the current contract year; otherwise, they renew automatically for another year.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Customer violates the usage terms set out in Section 4.

Upon termination, the Customer’s access to the Platform will be deactivated. The Customer may request an export of their data in a common, machine-readable format within 30 days after the effective date of termination.

§ 11 Amendments to these GTC

FireVue reserves the right to amend these GTC with effect for the future. The Customer will be notified of changes at least 30 days before they take effect via email or notification within the Platform.

If the Customer does not object to the amended terms within 30 days of receipt of the notification, the amended GTC shall be deemed accepted. FireVue will specifically draw the Customer’s attention to this consequence in the notification.

§ 12 Set-Off and Retention Rights

The Customer may only set off against claims by FireVue with counterclaims that are undisputed or have been finally adjudicated. The Customer may only exercise a right of retention insofar as the counterclaim arises from the same contractual relationship.

§ 13 Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from this contract shall be Hamburg, provided the Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law.

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision in a legally permissible manner.