Terms and Conditions

1. Introduction

This page sets out the legal terms and conditions (the "Terms") on which ABH TEAM OÜ, operating under the ArenaSoldOut.com brand ("we", "us"), makes available to you our platform for selling event tickets and associated products and services (the "Service"). The Service includes the Event Center at app.arenasoldout.com, the hosted sales pages and the ticket widget at tickets.arenasoldout.com, the public API, the WordPress plugin, the Telegram bot and the scanner app for the door.

Please read these Terms carefully and make sure that you understand them before applying for an account or putting an event on sale through the Service.

2. Our contract with you

You agree to these Terms and enter into a binding contract with ABH TEAM OÜ when you apply for an account through the form on this website or through the Telegram bot, when our team creates an account for you at your request, or when you or a member of your team first sign in to the Event Center or put an event on sale. If you do not agree to any part of these Terms, do not use or access the Service.

We may amend these Terms from time to time. The current version is always published at ArenaSoldOut.com/legal/terms with the date of the last change. The platform records the version in force when you accepted it and every later version. Continued use of the Service after a change means that you accept the amended Terms.

3. Nature of the service

Our Service gives you an account on our online platform to sell and manage event tickets, seating plans and associated physical or digital products and services. You may hold an account only if you are the event organizer or an authorized ticket seller with the event organizer's express written permission for every event you sell tickets for. If you use the Service on behalf of an entity, you agree to these Terms on behalf of that entity and represent that you have the authority to do so.

We provide the Service to you and have no contractual relationship with your customers ("Ticket Buyers"). When you sell tickets or other products and services to Ticket Buyers through the Service, the contract is between you and the Ticket Buyer. You are responsible for your own terms of sale with your Ticket Buyers, including refunds. We deliver tickets and service e-mails to Ticket Buyers on your behalf, and our help page for ticket buyers directs them to you with every question about your event, your tickets and refunds.

You agree:

• to handle all communication with your Ticket Buyers and not to refer them to us for customer support;
• to respond to any query you receive from Ticket Buyers within 5 days;
• to accept all liability arising from the contractual relationship between you and the Ticket Buyer;
• to notify your Ticket Buyers immediately, and to update your event page, if your event is cancelled, postponed or materially changed from the information given when the event was first put on sale. The Service helps you with this by e-mailing Ticket Buyers when you move or cancel a session.

We reserve the right to suspend or terminate your access to the Service if you fail to meet these requirements towards your Ticket Buyers.

When using the Service, you shall:

• comply with applicable laws and obligations related to your events, products or services, and to the receipt of ticket revenue, fees or donations;
• provide us with the information and material we may reasonably require in order to supply the Service, and ensure that it is accurate in all material respects;
• maintain and promptly update that information and material so that it stays true, accurate and complete;
• cooperate with us in all matters relating to the Service.

Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control. Your access may also be suspended, or your account cancelled, at our discretion, including if we suspect that you are using the Service for fraudulent or criminal purposes, if we are advised to do so by law enforcement agencies, or if you have failed to pay our invoices (see sections 6 and 11; we would typically notify you of the non-payment before suspension or cancellation). We will not be liable for any loss or damage that may arise from misuse of our Service.

4. Your account

Accounts are created by our team after your application, or through the Telegram bot. Once your account exists you can set up your events, seating plans and tickets and, subject to having a payment account with a Payment Provider (section 5), sell tickets for your events. You may also set up the sale of associated physical or digital products. You may add members of your team to your account; you are responsible for their actions in the Service.

You must be 18 to hold an account.

For your convenience, we keep your account open for 120 months after your last sign-in, in case you decide to use our Service again. Before closing your account and deleting Your Content, we will attempt to send warning e-mails to the account e-mail address, so that you have an opportunity to keep the account open or export any data you wish to retain.

You can close your account at any time by writing to hello@arenasoldout.com from the e-mail address of the account owner.

We will not refund any fees already paid for the Service.

Account security

You are responsible for maintaining the confidentiality of your account and are fully responsible for all activity that occurs through access to your account with your credentials. Do not share your sign-in details, API keys, webhook secrets or scanner app access with anyone outside your team. You agree to notify us immediately at hello@arenasoldout.com of any unauthorized use of your account, API keys or apps, or of any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

Transmission of information over the internet is not completely secure. We cannot guarantee the security of data transmitted to our platform, and any transmission is at your own risk. Once we have received your information, we use strict procedures and security features to prevent unauthorized access.

5. Payment Providers

Ticket Buyers pay for your tickets into your own account with a payment provider supported by the Service (a "Payment Provider"). The current providers, countries and currencies are listed on the payments page. We never receive or hold the money paid by Ticket Buyers; it goes from the Ticket Buyer to your Payment Provider and from there to your bank account. Card acquiring is paid by you to your Payment Provider on its own terms, separately from our fees.

Using a Payment Provider requires you to set up an account with it, subject to the Payment Provider's own terms and conditions and privacy policy. You have a direct relationship with the Payment Provider and must read and accept its terms before taking payments from Ticket Buyers through the Service. Refunds and chargebacks are settled between you, your Payment Provider and the Ticket Buyer; the Service lets you issue refunds, and the money is returned from your payment account.

In carrying out certain functions, the Payment Provider acts as a data processor for you and for us; in other respects it acts as a controller under its own privacy policy. By using our Service, you acknowledge and agree that we share personal information and information about transactions made through the Service with your Payment Provider.

If we receive notice from a Payment Provider that your use of our Service is in breach of its terms or of any agreement between you and it, you and us, or you and a Ticket Buyer, or appears fraudulent, in breach of money laundering regulations or part of other harmful activity, we may take action including, but not limited to, the steps necessary to rectify the breach, removing your ability to use the Service, and the suspension or termination of your account. A Payment Provider may refuse its services to anyone, for any reason, at any time.

We have no responsibility for, and hereby disclaim all liability (including, but not limited to, any losses, costs, fees and penalties of whatever nature) arising from, the service provided to you by a Payment Provider, including the acts and omissions of the Payment Provider.

6. Our fees

The fees for using our Service are set out on the pricing page and in the detailed pricing terms, and are charged per ticket sold. A chargeable use is the sale of a paid ticket or of an associated product or service. Free invitations and refunded tickets are not charged. Owners of permanent venues are offered a percentage of the ticket price instead of the per-ticket fee, as described in the detailed pricing terms. We may also offer add-on services, which are charged as specified on our platform or as agreed with you.

We invoice our fee the day after each session for the tickets sold for that session; for events on sale for several months we can invoice monthly instead, by agreement. Payment terms are stated on the invoice.

Fees already invoiced are non-refundable, including when an event is cancelled.

7. Event organizer content and acceptable content standards

As between you and us, you own all rights in, and are responsible for the legality, reliability, integrity, accuracy and quality of, all content you upload to the platform, including text, pictures, posters, seating plans, information about your events and associated products and services, reviews and comments ("Your Content"). By uploading Your Content, you grant us an unconditional, non-exclusive, transferable, royalty-free, worldwide licence to use Your Content in any manner necessary for the provision of the Service.

Where the Service reads information from a poster or another file you send, for example to create an event in the Telegram bot, you confirm every field before it is published and remain responsible for its accuracy.

You must comply with the following acceptable content standards when submitting Your Content to our platform:

• Your Content must be accurate and comply with applicable law in every country from which it is posted.
• You must not use our platform to collect content from Ticket Buyers or event attendees that you do not need: for example card details (collected only by the Payment Provider), government or social security numbers, passwords, or any other excessive or unnecessary personal data, in particular special category data (racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health, sexual life, sexual orientation, biometric or genetic data). This does not prevent you from collecting special category data to the extent necessary for your event, for example to allocate seating for people with disabilities.

Your Content must not:

• be unlawful, harmful, threatening, defamatory, obscene, deceitful, fraudulent, infringing, harassing, morally repugnant, or racially or ethnically offensive;
• facilitate illegal activity;
• depict sexually explicit images;
• promote violence;
• be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right, trade mark or other intellectual property right of any other person;
• conceal identity or be likely to deceive any person.

We may remove Your Content from our platform and Service where, in our sole opinion, it violates these standards. We reserve the right to suspend or terminate your access to the Service if you materially breach them, to seek reimbursement from you for any costs we incur as a result of your breach, and to disclose information to law enforcement authorities as required or as we deem reasonably necessary.

8. Disclaimer

While we endeavour to keep the Service available 24 hours a day, we do not guarantee its availability and shall not be liable if for any reason the Service is unavailable at any time or for any period.

Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.

We do not warrant the accuracy and completeness of the material on the platform. We may change the material on the platform, or the functionality of the Service, at any time without notice. The current capabilities of the Service, with dates, are published on the facts page.

We provide the Service with reasonable care and skill. The Service is provided "as is" and, except for the warranties contained in these Terms, to the maximum extent permitted by law we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions of satisfactory quality and fitness for a particular purpose).

9. Liability

We are not a party to any transaction, other relationship or dispute between you and Ticket Buyers, or between you and event attendees. We do not pre-screen Ticket Buyers and are not responsible for fraudulent transactions by Ticket Buyers. We exclude any and all liability arising out of actions we may take in response to breaches of our acceptable content standards and these Terms. You agree to indemnify us and our officers, directors and partners against any cost, claim or demand, including reasonable legal fees:

• in relation to any dispute with one or more of your Ticket Buyers, or your relationship with Ticket Buyers and event attendees;
• made by any third party due to or arising out of Your Content or your use of the Service. You are solely responsible for your actions when using the Service.

Our total liability to you for all other losses arising under or in connection with the provision of the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to USD 50.00.

Nothing in these Terms seeks to limit or exclude consumers' legal rights.

10. Law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia and applicable European Union law.

Any dispute relating to these Terms is subject to the exclusive jurisdiction of the courts of Estonia.

11. Overdue payments

Access to the platform, its applications and services is contingent upon the absence of overdue payments on issued invoices. If an invoice is overdue, access to the applications and services may be restricted. Access is restored upon payment of all invoices and the absence of any debt.

Penalties for overdue payments are applied as specified in the invoice.

12. Personal data of Ticket Buyers

You are the controller of the personal data of your Ticket Buyers. We process that data on your behalf, as a processor, for the purpose of selling and delivering tickets, admitting Ticket Buyers at the door and notifying them about changes to your sessions, as described in our Privacy Policy, which forms part of these Terms. You are responsible for informing your Ticket Buyers about the processing and for your own terms of sale. You shall not use Ticket Buyer data exported from the Service for purposes unrelated to your events without a lawful basis of your own.

13. Our details

ArenaSoldOut.com is a brand of ABH TEAM OÜ, which owns and operates the platform and this website.

We are registered in the Estonian Commercial Register under registration number 14162982, and our registered office and place of business is at:

Narva mnt 5a, Kesklinna district, Tallinn city, Harju county, 10117 Estonia.

The online version of the register is at https://www.inforegister.ee/

You can contact us:

• by e-mail, at hello@arenasoldout.com;
• in the Telegram chat and the Telegram bot linked on the contact page;
• using the application form on this website;
• by post, to the address given above.