Terms of Service of AirLST GmbH (Convenience Translation Only)

1.1

These Terms of Service (“Terms”) apply to all services provided by AirLST GmbH, Seitzstraße 23, 80538 Munich, Germany (“AirLST”), to business customers as defined by Section 14 German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers (Section 13 BGB) are not concluded.

1.2

Even where consumers book tickets or services through the platform, no contractual relationship arises between AirLST and the consumer. The contractual relationship exists solely between the consumer and the respective organiser.

1.3

These Terms govern AirLST’s services relating to (i) the cloud-based event and attendee management software (“Platform”), including all web-based attendee views and functions (event landing pages, attendee portals, PWA-based Event App) and the native AirLST Check-in App (iOS/Android), (ii) payment processing via integrated Payment Service Providers (“PSPs”), and (iii) related Professional Services (onboarding, support, consulting, custom development, on-site services).

1.4

Customer terms that deviate from or supplement these Terms shall not apply unless expressly agreed in writing.

2.1

Offers by AirLST are non-binding unless explicitly stated otherwise. A contract is formed upon written order confirmation, electronic acceptance, or activation of the customer account.

2.2

Individual agreements take precedence over these Terms.

2.3

Unless written form is expressly required, communications may be made in text form (e.g. e-mail).

3.1

AirLST provides the Platform as Software-as-a-Service (SaaS). No software is transferred to the Customer.

3.2

AirLST may further develop and update the Platform, including fixes and enhancements, provided this is reasonable. Optional modules may require separate agreements and fees.

3.3

The Customer is responsible for maintaining compatible hardware, internet access, current browsers and adequate security (anti-virus, firewalls). AirLST may discontinue support for outdated browser versions for security or technical reasons.

3.4

Open-source components may be included; their licences take precedence.

3.5

AirLST may provide optional trial access at its discretion. Trial access may be limited, suspended or revoked at any time and is provided without any guarantee of availability, support or functionality.

4.1

AirLST grants the Customer a non-exclusive, non-transferable, non-sublicensable right to use the Platform for the term of the contract.

4.2

Access by employees and authorised service providers (e.g. agencies) is permitted. Any further transfer or use on behalf of third parties requires prior written consent.

4.3

Reverse engineering, decompiling, modification, removal of copyright notices or excessive duplication is prohibited.

4.4

The Customer manages user accounts, keeps credentials confidential, and notifies AirLST immediately of suspected misuse.

5.1

AirLST targets a monthly availability of 98% (24/7), excluding force majeure, external incidents, planned maintenance (typically outside 09:00–20:00 CET) and emergency maintenance.

5.2

Support hours: Monday–Friday, 09:00–18:00 CET (excluding Bavarian public holidays). Critical outages are addressed within 4 hours during support hours; other incidents on the next business day.

5.3

The Customer must report incidents without delay. Customer-caused delays may extend resolution times.

6.1

AirLST is not the organiser. All event and ticket contracts are between the Organiser and the attendee. Organisers must ensure accurate event data, pricing, cancellation policies and contact information.

6.2

Organisers must clearly identify themselves to attendees, including legal name, address and contact details.

6.3

Illegal, harmful or reputation-damaging content is prohibited.

6.4

The Platform may only be used for the Organiser’s own events. Promotion or resale of third-party tickets and unrelated commercial activities are not permitted.

6.5

The Organiser is responsible for all mandatory legal information for attendees (imprint, privacy notice, withdrawal information where applicable under B2C law).

6.6

Organisers must notify attendees promptly of event changes or cancellations.

6.7

AirLST provides functionality for Organisers to include their own attendee terms and privacy information. These are shown during checkout alongside the AirLST Participant Terms. AirLST Participant Terms govern the attendee’s use of the platform and payment infrastructure. Organiser terms govern the event contract between Organiser and attendee.

7.1

Scope is defined in the applicable order.

7.2

AirLST provides either services or deliverables depending on the agreement.

7.3

Changes require written approval specifying scope, effort, timeline and pricing.

7.4

Travel expenses and per diem allowances are invoiced according to the applicable price list.

8.1

The Platform may be used for event communication and marketing, subject to compliance with DSGVO/GDPR, ePrivacy and anti-spam laws.

8.2

The AirLST Email Policy forms part of the contract.

8.3

The Customer is responsible for lawful email usage and maintaining valid consent.  

8.4

AirLST does not pre-approve content. The Customer indemnifies AirLST for violations related to unlawful email communication.

9.1

AirLST processes Customer data as a controller where necessary (account management, billing).

9.2

AirLST processes attendee data solely as a processor under Art. 28 GDPR.

9.3

The Data Processing Agreement (DPA) is incorporated automatically without separate signature.

9.4

AirLST applies appropriate technical and organisational measures.

9.5

After termination, AirLST deletes Customer data following statutory retention periods.

9.6

AirLST may engage subprocessors in line with the DPA.

10.1

All prices are exclusive of VAT.

10.2

Fees follow the applicable AirLST price list or quotation.

10.3

Invoices are sent electronically and due within 14 days.

10.4

AirLST may adjust pricing annually based on the Consumer Price Index.

10.5

Offsetting is permitted only with undisputed or legally established claims.

10.6

In case of late payment, AirLST may charge statutory interest and suspend account access after prior notice.

10.7

Professional Services are invoiced separately.

10.8

For project-based work, 50% is due upon order and 50% upon delivery, unless otherwise agreed.

11.1

Fees for paid events and payment processing follow the AirLST price list.

11.2

PSPs transfer the Platform Fee directly to AirLST. Any invoice from AirLST is for documentation only.

11.3

The Organiser instructs the PSP to (i) collect attendee payments, (ii) transfer net proceeds to the Organiser, (iii) remit Platform Fees to AirLST.

11.4

PSP-related costs (chargebacks, disputes, failed payments) are borne by the Organiser.

11.5

AirLST may suspend accounts in accordance with Section 10.6.

12.1

Organisers set their own ticket prices and categories.

12.2

The Organiser is solely responsible for issuing invoices to attendees and fulfilling all tax obligations (including VAT, OSS/IOSS/Reverse Charge). Where available, AirLST may provide automated invoicing features, generating invoices in the name and on behalf of the Organiser. AirLST does not assume tax liability or advisory responsibilities.

12.3

AirLST is not a payment service provider under the German Payment Services Supervision Act (ZAG). Payment processing is performed exclusively by authorised PSPs.

12.4

Refunds and cancellations are the sole responsibility of the Organiser. AirLST may provide optional technical tools but does not process refunds. Platform Fees remain payable even in case of refunds. Chargeback-related administrative time may incur a fee according to the price list.

12.5

AirLST does not provide dunning or debt collection services.

13.1

ll cancellation and refund terms toward attendees are determined solely by the Organiser.

13.2

Attendees must be informed promptly of changes or cancellations.

14.1

Training is provided without any guarantee of learning outcomes.

14.2

Support packages are defined in the applicable SLA.

15.1

All rights to the Platform remain with AirLST.

15.2

Custom work products (templates, customisations, code snippets) grant the Customer a non-transferable right to use them after full payment.

15.3

Open-source licences remain unaffected.

16.1

The Customer indemnifies AirLST against claims arising from unlawful or infringing content provided by the Customer.

17.1

AirLST is liable without limitation for intent, gross negligence and injury to life, body or health.

17.2

For simple negligence, liability is limited to essential contractual obligations and foreseeable damages.

17.3

Data loss liability is limited to restoration costs assuming adequate backups.

17.4

No warranty for availability beyond Section 5, integration with third-party systems, or outcomes related to PSPs.

17.5

Professional Services follow applicable service or contract-for-work rules.

18.1

AirLST may name the Customer as a reference user unless the Customer objects for good cause.

18.2

AirLST protects the legitimate interests of the customer. The customer may object in writing to future use for good cause (effective ex nunc).

19.1

Unless agreed otherwise: (a) Annual subscriptions run for 12 months. (b) Monthly subscriptions run for one month.

19.2

Annual subscriptions renew automatically for 12 months unless terminated with 60 days’ notice. Monthly subscriptions renew monthly unless terminated with 30 days’ notice.

19.3

Indefinite contracts may be terminated with 60 days’ notice to month-end.

19.4

AirLST may suspend or terminate the account in case of material breaches.

19.5

Fees already incurred remain payable.

20.1

AirLST may amend these Terms with four weeks’ notice. If the Customer does not object within 14 days, the changes are deemed accepted.

20.2

20.3

21.1

Both parties must keep confidential information secret.

21.2

22.1

Assignment requires consent unless otherwise allowed by law.

22.2

AirLST may use subcontractors.

22.3

Compliance with sanctions and anti-corruption rules is mandatory.

23.1

German law applies. Venue is Munich, to the extent permitted. If a clause is invalid, the remainder remains in effect.

23.2

23.3

23.1

The following documents form an integral part of these Terms of Service. This English version is provided for convenience only. In case of discrepancies, the German version shall prevail. Anlage 1:
E-Mail-Policy AirLST (Pflichten zu Opt-In/Opt-Out, Absender, Inhalt, Verteiler, Versandlimits, Sperrlisten, Nachweise)

• Appendix 1 – AirLST Email Policy (requirements regarding opt-in/opt-out, sender information, content restrictions, distribution list quality, sending limits, suppression lists, documentation)
• Appendix 2 – Data Processing Agreement (Art. 28 GDPR) (automatically incorporated into the contract)