Terms of Service

1. Scope and provider

These Terms of Service (“Terms”) apply to all contracts for the use of the Artist4Friends platform (“Platform”) between

and you as a user with an account (“you” or “artist”).

By registering, you accept these Terms in the version valid at that time. Your own deviating terms only become part of the contract if we expressly agree to them in text form.

These Terms apply to consumers (Section 13 German Civil Code, BGB) and businesses (Section 14 BGB). Where a provision applies to only one of these groups, this is stated expressly.

2. What Artist4Friends provides Draft – legal review pending

Artist4Friends is an online platform you use in your web browser to manage the Friendslists for your events. On all plans you can in particular:

• create, edit and duplicate events
• use a public event page where guests sign up
• give out spots first come, first served or by prize draw (Section 7)
• have guest emails sent (spot secured, draw link, draw result, Friendslist pass)
• have the guest list sent automatically to the organizer, who confirms it with one click
• create a story image and save a story photo per event
• show an optional newsletter opt-in in the form

2.1 Further development

We keep developing the Platform. We may change or add features as long as the core of the agreed services is kept and the change is reasonable for you.

3. Plans Draft – legal review pending

There are three plans: Free, Basic and Premium. Each plan includes all features of the cheaper ones. All prices include statutory VAT.

Included in all plans: prize draw, story image and optional newsletter opt-in.

3.1 How events are counted

The allowance is based on the calendar month in which the event takes place (event date, German time). All events of that month in your account count; deleted events don’t.

3.2 Applicable version

The prices and features shown on the pricing page or in the order process when you order apply.

There is no entitlement to free use. We may adjust the scope of Free for the future and will let you know by email in good time.

4. Conclusion of contract and account

The presentation of the Platform is not yet a binding offer. By submitting the registration, you make us an offer to conclude a usage contract.

The contract is concluded when you confirm your email address via the link and we activate your account.

You conclude a subscription (Basic or Premium) in the Platform’s order process. The subscription contract is concluded when the payment is completed. We don’t store the contract text separately; these Terms are available here at any time.

Only persons with full legal capacity and businesses may register. Minors may not register. As a rule, one account per person or business is allowed.

5. Your obligations

You agree to

• provide true and complete details when registering and in your billing profile, and keep them up to date,
• keep your login details secret,
• tell us right away if someone misuses or could misuse your account,
• not transfer your account to others or let others use it.

In particular, you may not

• use the Platform for illegal purposes or post illegal, offensive, discriminatory, violence-glorifying or pornographic content,
• infringe the rights of others, especially copyright, trademark, name and personality rights (e.g. in photos),
• attack, overload or manipulate the Platform or circumvent security mechanisms,
• run automated queries, scraping or mass sign-ups without our permission,
• use event pages to collect data for anything other than the Friendslist of the advertised event,
• send spam or unsolicited advertising via the Platform or using data from the Platform.

If you violate these Terms, we may – after a warning, or without one in serious cases – remove content, temporarily suspend your account or terminate the contract for cause. Further claims remain reserved.

6. Guest data and data processing Draft – legal review pending

6.1 Your responsibility

You are the controller within the meaning of Art. 4(7) GDPR for your guests’ data. You make sure you collect and use it lawfully. In particular, you

• inform your guests transparently about the processing,
• use the data only for the respective event,
• use only data of guests who consented via the Platform and have not withdrawn their consent for advertising and newsletters,
• have newsletter contacts confirmed via double opt-in in your newsletter tool before sending the first newsletter,
• keep records of consent (e.g. from the export) and apply unsubscribes in your own systems right away,
• treat exported data confidentially and don’t pass it on to third parties,
• check yourself whether “Entry only with newsletter sign-up” is permissible for your campaign, and then don’t advertise the campaign as “free”,
• don’t include advertising in your own texts for guest emails,
• fulfill your guests’ rights (e.g. access, erasure).

6.2 Processing on your behalf

We process guest data as a processor under Art. 28 GDPR – only to provide our services and only on your instructions, which result from your use of the features. In addition:

• Subject matter and duration: hosting and processing guest data for the duration of the usage contract.
• Nature and purpose:
  • storing, showing and deleting sign-ups
  • sending guest emails and the Friendslist pass
  • running prize draws
  • storing and evidencing newsletter consent
  • sending the guest list (names only) to the organizer you specify
  • providing exports to you
• Types of data:
  • name, email address, phone number (optional), sign-up language
  • status on the list and in the draw, timestamps
  • newsletter consent (wording, time, whether entry depended on it)
  • organizer’s email address
• Data subjects: guests of your events and the organizers you specify.
• Confidentiality: anyone allowed to process data at our company is bound to confidentiality.
• Security: we take technical and organizational measures under Art. 32 GDPR (see Privacy Policy).
• Sub-processors: we use the service providers named in the Privacy Policy (hosting, email delivery). We inform you of planned changes; you may object for good cause.
• Support and deletion: we help you with your guests’ requests and delete guest data after the contract ends or according to the periods in the Privacy Policy.
• Data breaches: we inform you without undue delay of personal data breaches and help you with notification and communication (Art. 33, 34 GDPR).
• Evidence and audits: we provide the information needed to demonstrate our Art. 28 GDPR obligations and allow audits by arrangement.

7. Prize draw Draft – legal review pending

• Taking part in a prize draw costs guests nothing – no purchase, no fee.
• Guests get into the draw by clicking the link in their email. The link works until the draw.
• At the time of the draw, the system picks the winners at random. Neither you nor we choose them.
• Winners are on the guest list that goes to the organizer. Everyone who took part gets their result by email.

The artist who sets up the prize draw is responsible for it. Artist4Friends only provides the technology. You set the reward and conditions and comply with the applicable rules.

If “Entry only with newsletter sign-up” is switched on, Section 6.1 also applies to the prize draw.

8. Prices and payment

8.1 Prices

Current prices for Basic and Premium (monthly or yearly) are shown in Section 3, on the pricing page and in the order process. All prices include statutory VAT.

8.2 Payment processing

Payments are handled by Stripe (Stripe Payments Europe, Ltd., Ireland); Stripe’s terms also apply.

Payment is due when the contract is concluded and at the start of each billing period. We collect it via the payment method you provided.

8.3 Late payment

If a payment fails, we’ll let you know and try again. If you still don’t pay after a reminder, we may suspend your plan’s features until payment is received and terminate the contract under the statutory rules.

8.4 Price changes

Price changes for an ongoing subscription only take effect with your consent. We announce them at least six weeks in advance in text form.

If you don’t agree, the subscription ends at the end of the current billing period, or we may terminate it at that time.

9. Term, cancellation and plan changes Draft – legal review pending

9.1 Free

Free use runs indefinitely. Either side can end it at any time without notice. You can delete your account at any time under “Account” or by email.

9.2 Subscription (Basic or Premium)

• Monthly: term of one month; renews for one month at a time unless you cancel before.
• Yearly: term of one year; renews for one year at a time unless you cancel before.

You can cancel at any time, effective at the end of the current billing period:

• in the subscription settings of the Platform,
• via the button “Cancel contracts here”, available without logging in,
• by email to hey@artist4friends.com.

After canceling, your plan stays active until the end of the paid period. We don’t refund amounts already paid pro rata unless mandatory law requires it.

9.3 Plan changes

• An upgrade takes effect immediately; we charge the price difference pro rata for the current period.
• A downgrade, a switch to Free or from yearly to monthly billing takes effect at the end of the paid period. There is no pro-rata refund.
• Switching from yearly to monthly always takes effect at the end of the paid period – even if you choose a higher plan at the same time.

9.4 What applies after a downgrade

Afterwards, the limits and features of the new plan apply. Your events and data are kept; you can create new events within the new limit.

Features of higher plans (e.g. CSV export, “Entry only with newsletter sign-up”, bio, logo, colors and your own text in guest emails) are paused. Your settings are kept and work again right after an upgrade.

Grandfathering for Advanced mode: events already published in Advanced mode stay active unchanged until the event ends. You can only change these settings with Premium.

Newsletter consents your guests have already given remain valid.

9.5 Termination for cause

The right of both sides to terminate for good cause remains unaffected.

9.6 Data after the contract ends

If you delete your account, we also delete your events and guest data unless statutory retention duties apply. Please back up any data you need (e.g. via export) first.

10. Free time: gifts and promo codes Draft – legal review pending

You can get free months via a promo code or as a gift from us. During the free time you use the respective plan at no cost.

• Without an ongoing subscription: the free time ends automatically and switches to Free. There is no automatic renewal, and no payment details are needed.
• With an ongoing subscription: your next payment moves back by the free months. After that, your subscription continues as usual.
• Promo codes: free months from a promo code apply to your first subscription. They aren’t applied to a later subscription.

Free time only applies to the plan it was granted for. If you switch to a higher plan, it ends immediately and the new plan is charged from then on.

There is no entitlement to free months, and they can’t be paid out.

11. Right of withdrawal for consumers

As a consumer (Section 13 BGB) you have a statutory right of withdrawal when concluding a subscription, as set out below.

For a contract for services, the right of withdrawal expires early if we have fully performed the service and only started after you gave your express consent.

You must also have confirmed that you know you lose your right of withdrawal once we have fully performed the contract.

12. Rights to your content Draft – legal review pending

If you upload content (e.g. event images, story photo, texts, bio, logo, colors), you grant us a simple, geographically unlimited right for the duration of the contract to

• store and technically process it (e.g. resize it),
• make it publicly available within the features (e.g. on the event page),
• use it in guest emails.

We don’t make your story photo public; only you can see it. You grant us no further rights.

You warrant that you hold the necessary rights to your content, especially logos and photos (trademark, copyright and personality rights).

You indemnify us against third-party claims based on a culpable breach of this warranty, including reasonable costs of legal defense.

13. Reporting content

You can report illegal content on the Platform by email to hey@artist4friends.com (single point of contact under Art. 11, 12 DSA; languages: German, English).

We review reports promptly and may remove content or suspend accounts. Those affected receive a statement of reasons.

14. Availability and maintenance

We aim for high availability but don’t owe uninterrupted access.

Excluded are times of scheduled maintenance (announced where possible and in quiet hours), force majeure or other causes we are not responsible for.

15. Liability

We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act and within the scope of any guarantee given.

For slightly negligent breaches of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Essential obligations are those that make the contract possible and on which you may regularly rely.

Otherwise, liability for slight negligence is excluded.

We back up data regularly but don’t guarantee full recoverability in every case. Depending on your plan, you can get your guest data via CSV export (Basic) or on request by email.

You are responsible for content you post (e.g. event texts, images). We don’t adopt it as our own.

16. Changes to these Terms

We may change these Terms for the future if the law, case law, technology or the Platform change and the change doesn’t unreasonably disadvantage you. Essential service obligations are not restricted.

Changes to main services or prices only take effect with your express consent.

We’ll notify you of other changes at least six weeks in advance in text form (e.g. by email). If you don’t object within six weeks, they are deemed accepted.

The notification will point out this consequence, your right to object and your right to cancel. If you object, either side may terminate as of the date the change takes effect.

17. Dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board within the meaning of the German VSBG.

18. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it doesn’t deprive you of the protection of mandatory law of your country of residence.

If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is our registered office.

If individual provisions are invalid, the remaining provisions remain valid.

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