General terms and conditions

These General Terms and Conditions govern the use of Entrello Marketer, the event-marketing software available at marketer.entrello.app. The software is a product of Entrello Ticket & Service GmbH, Spengergasse 37, 1050 Vienna, Austria, hereinafter "the Provider" or "entrello".

Marketer is provided to event organisers only, hereinafter "the Organizer". People on an Organizer’s audience list are that Organizer’s own contacts; no contractual relationship arises between the Provider and them.

The Provider reserves the right to amend or supplement these Terms with effect for the future and to apply the most current version to a contractual relationship. Where they change during an ongoing subscription, the Organizer is informed in good time and may object in writing within two weeks.

The Organizer registers at marketer.entrello.app. Access credentials must be kept protected from third parties, and the Provider must be notified immediately where unauthorised access is suspected.

The Organizer may invite further members of the company or organisation into its organisation account and grant them access, and must ensure they proceed with the same care. Where the Organizer stays signed in on a device others use, it answers for what is done there insofar as it is responsible for that.

The Provider may temporarily suspend the account or parts of it where there are concrete indications of a breach of these Terms or of applicable law, where there is justified suspicion of one, or where there is another legitimate interest in suspension — a suspected misuse of the sending infrastructure, for instance.

The subscription provides a hosted platform for audience and campaign work, comprising:

• Audience Builder — guided import, tags, notes, contact history, and segments that keep themselves up to date.
• Campaign Manager — email, Facebook and Instagram campaigns, with templates, scheduling and automated reminders.
• Link Board — tracked links and QR codes with self-applying promo codes.
• Wallet & Push — membership cards for Apple and Google Wallet, and push notifications to them.
• Insights — reporting on what the marketing actually returned.
• Quality control, security updates and bug fixes; invoices and billing records.

Marketer runs alongside whatever ticketing the Organizer already uses. It does not sell tickets and takes no part in a ticket purchase. Where the Organizer also uses Entrello Ticketing, that product has terms of its own.

Entrello may change, extend or restrict the content and scope of the contractual services at any time in a manner reasonable for the Organizer, after prior notice — in particular where technical or legal circumstances require it, or where it protects the functioning of the software.

The Organizer must promote performance of the contract through active and appropriate cooperation. In particular it must, within its own business sphere and at its own cost, create the prerequisites and provide the documents and information the Provider needs to render its services properly.

The audience list

The Organizer warrants that it has a lawful basis under the GDPR for every contact it imports into or synchronises with Marketer, that consent, where consent is what the law requires, was validly obtained and can be evidenced, and that the data is accurate and lawfully held. The Organizer is the controller for that data; entrello is the processor.

The Organizer must honour objections and unsubscribes, must not use Marketer to send commercial messages where the law requires a consent it does not hold, and must not import purchased, scraped or otherwise unlawfully obtained lists. Repeated abuse of the sending infrastructure is grounds for suspension.

Content and channels

The Organizer guarantees to the Provider not to upload content whose provision, publication or use violates applicable law or infringes the rights of third parties. The posting of racist, pornographic, inhumane, insulting and morally offensive content is expressly prohibited.

When using the social-media integration, the Organizer is solely responsible for all content published to its own channels through Marketer. It must hold properly set-up accounts of its own and grant the required access rights. Entrello is not liable for blocks, restrictions or other measures taken by Meta or another platform operator.

When using promo codes and discount campaigns, the Organizer bears the full economic risk, is responsible for protecting against misuse, and must take appropriate measures — usage limits and time limits, for instance.

Marketer begins with a 30-day trial with every feature unlocked. Nothing is charged during the trial and no payment card is needed to start it. The subscription begins when the trial ends and the Organizer chooses a plan.

The price is set by two figures: how many contacts the Organizer keeps, and how many emails it sends in a month. The entry plan is €79 per month for 1,000 contacts and 5,000 emails; above that, the two figures are agreed with the Organizer. Every plan carries every feature, and unsubscribed contacts stop counting.

Subscriptions are billed monthly or annually in advance and renew automatically for the respective term, annual billing at a discount to the monthly rate. Unless expressly designated as gross, all prices are in euro and exclusive of the statutory VAT applicable at the time.

The Organizer may move up or down a plan at any time, prorated over the current period, and may cancel with one month’s notice — from the account settings or by email to support@entrello.app.

The Provider may adjust subscription prices with 30 days’ notice. Where a price rises, the Organizer has a special right of termination effective from the date the new price would apply.

How entrello handles personal data is set out in the Privacy Policy, which forms part of these Terms.

For the audience data the Organizer brings to Marketer, the Organizer is the controller and entrello the processor. A data-processing agreement under Art. 28 GDPR governs that relationship and is provided on request. Data is stored on servers within the EU.

The Organizer’s audience data remains the Organizer’s. It can be exported in full, in a standard format, at any time — whether or not the subscription continues.

The software is provided as-is, according to the current state of technology and as available. Use of the software is at the Organizer’s own risk and expense. Entrello does not warrant that the software can be used for the purposes the Organizer intends, or for the achievement of any particular success. There is no warranty obligation for services entrello provides free of charge, the trial included.

The liability of entrello and of its bodies, employees, contractors and other vicarious agents is limited to intent and gross negligence; liability for slight negligence is excluded to the extent the law permits. This exclusion does not apply to personal injury.

Entrello assumes no liability for indirect damage, lost profit, consequential damage or comparable damage, nor for intangible damage of any kind whatsoever.

The Provider renders all contractual services in accordance with existing technical, economic, operational and organisational possibilities. Entrello therefore does not warrant against interruptions, disruptions, delays, deletions, transmission errors or storage failures. Availability depends in part on third-party network operators, and the Provider assumes no obligation to keep the services available without interruption and online at all times.

Force majeure, strikes, lockouts and official orders, as well as technical changes to the Provider’s systems and maintenance work, may lead to short-term restrictions on the contractual services.

Whether an email arrives and how far a social-media post travels are decided by receiving mail servers, spam filters and platform operators. Entrello is not liable for messages a third party filters, delays, throttles or rejects, nor for reach a platform declines to give.

Insofar as the Provider enables access to third-party online services through links, it is not responsible for the content found there and does not adopt it as its own. Links pointing at unlawful content can be reported to support@entrello.app.

Under the respective contract the Organizer receives from entrello the paid, non-exclusive, non-transferable and non-sublicensable right to use the software, limited in substance and in time. It is clarified that the source code of the software is not the subject of that right.

All copyright and all intellectual property in the software and the contractually agreed services rest, now and in future, exclusively with entrello or its licensors. All specifications, further developments and adaptations of the software, or of programs based on it, that arise from the contractual relationship with the Organizer become the intellectual property of entrello or its licensors upon their creation.

The contract for account use runs for an indefinite period. Unless a separate contract provides otherwise, the Organizer may terminate with one month’s notice, by deleting the account or by email to support@entrello.app.

Entrello may terminate with a notice period of four weeks, in particular where the account has not been used for more than a year. The right to terminate without notice for good cause, or on a violation of applicable law or of these Terms, remains unaffected.

The Organizer should export its audience data before the account closes; on request we will keep the export available for a reasonable period afterwards. Records we are required by law to retain are kept for as long as that requirement lasts, and for no other purpose.

Amendments and supplements to these Terms must be in writing. This also applies to any departure from the written-form requirement. Sending by email satisfies written form, as does clicking a corresponding button. Where the Terms change during an ongoing contractual relationship, the Organizer is informed in good time and has a right of objection within two weeks.

For all disputes arising in connection with this contract, including its pre-contractual and post-contractual effects, the exclusive jurisdiction of the court having subject-matter jurisdiction for Vienna is agreed. The place of performance is 1050 Vienna, Austria.

Austrian substantive law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of international private law.

Should individual provisions of this contract be or become wholly or partly invalid, or should a gap be found in it, the validity, effectiveness and enforceability of the remaining provisions is unaffected.