Terms of Service

1. Acceptance of Terms

By accessing or using PassXS (the "Service"), operated by APOLLOBASE GmbH ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms apply to all users, including guests, registered users, and venue operators accessing the Service through any channel (website, mobile app, or API).

2. Account Registration

• You register using your mobile phone number and authenticate via a one-time password (OTP) sent by SMS.
• You must provide accurate and current information.
• You are responsible for all activity under your account.
• You must be at least 16 years old to create an account. Some venue-related features (e.g., nightclub entry) may require you to be 18 or older, as determined by the venue.
• We reserve the right to suspend or terminate accounts that violate these Terms.

3. Ticket Purchases

• Binding purchase: Once a ticket purchase is confirmed and payment is processed, the transaction is binding.
• Non-refundable: Tickets are generally non-refundable unless the event is cancelled by the organizer. In the case of a cancellation, you will receive a full refund to the original payment method within 14 days.
• Event changes: If an event is rescheduled, your ticket remains valid for the new date. If the new date does not work for you, you may request a refund within 7 days of the schedule-change notification.
• Transferability: Tickets are non-transferable unless the event organizer explicitly enables ticket transfers through the Service.
• Payment processing: Payments are processed securely via Stripe. We do not store your full payment card details.

4. Table Reservations

• Reservation confirmation: Table reservations are subject to availability and venue approval. A reservation is only confirmed once you receive a confirmation notification through the Service.
• Cancellation policy: Free cancellation is available up to 24 hours before the reservation time. Cancellations within 24 hours may be subject to a cancellation fee as determined by the venue.
• No-shows: Failure to arrive within 30 minutes of the reserved time may result in automatic cancellation and potential penalties set by the venue.
• Minimum spend: Some venues require a minimum spend for table reservations. This will be clearly displayed before you confirm the reservation.

5. Loyalty Program

Venues may offer loyalty stamp cards through the Service. Stamps are earned based on criteria set by each venue. Rewards are non-transferable between venues and have no cash value. Venues reserve the right to modify or discontinue their loyalty programs at any time.

6. User Content

• Your content: You retain ownership of any content you upload (photos, reviews, ratings). By posting content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and promote that content within the Service.
• Content standards: Content must not be illegal, defamatory, harassing, sexually explicit, or infringe third-party rights. We reserve the right to remove content that violates these standards.
• Venue rights: Venues may moderate user content (e.g., photos on social walls) associated with their venue.

7. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose.
• Impersonate another person or entity.
• Attempt to gain unauthorized access to the Service or other accounts.
• Scrape, crawl, or use automated means to access the Service without our prior written consent.
• Interfere with or disrupt the Service or its infrastructure.
• Use the Service to distribute spam, malware, or unsolicited messages.
• Create multiple accounts for fraudulent purposes (e.g., abusing loyalty programs).
• Resell tickets purchased through the Service at a markup ("scalping") unless explicitly permitted.

8. Intellectual Property

The Service, including its design, logos, text, graphics, and software, is the property of APOLLOBASE GmbH and is protected by copyright and trademark law. You may not copy, modify, or distribute any part of the Service without our prior written consent.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure. We are not responsible for the actions, content, or policies of venues or event organizers listed on the Service.

10. Limitation of Liability

To the maximum extent permitted by law, APOLLOBASE GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability for any claim arising from the Service is limited to the amount you paid to us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded or limited under applicable law.

11. Indemnification

You agree to indemnify and hold harmless APOLLOBASE GmbH, its officers, directors, and employees from any claims, damages, or expenses arising from your violation of these Terms or misuse of the Service.

12. Termination

You may delete your account at any time through the Service or by contacting us. We may suspend or terminate your access if you violate these Terms. Upon termination, your right to use the Service ceases immediately, and we may delete your data in accordance with our Privacy Policy.

13. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Stuttgart, Germany, to the extent permitted by law.

If you are a consumer within the EU, you may also bring proceedings in the courts of your country of residence. Mandatory consumer-protection provisions of your country of residence remain unaffected.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via the Service at least 30 days before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms of Service, contact us at:

APOLLOBASE GmbH
Musterstraße 1, 70173 Stuttgart, Germany
E-Mail: bu@apollobase.com