Organizer Terms
Last updated on December 20, 2022
Welcome to use PINE – a professional event organizing app (the "Application") that is accessible via www.pine.events and its subdomains, through which event organizers (the "Organizer") may arrange professional events (the "Event" or "Events") for others who use the Application to participate in the Events (the "Attendees") and businesses (the “Companies”).
PINE allows Organizers to create and customize Events and provides various services (the "Services") that can be listed in a purchase order form (the "Purchase Order"). This is intended to enable Attendees and Companies to share content and connect with each other before, during, and after Events.
The Application and the Services are provided by PINE Events, Inc. (reg. No. 7046468), registered at 160 Greentree DR STE 101, Dover, Kent, Delaware, 19904, USA (which may be referred to as "PINE", “Company”, "we", "us”, or "our").
PINE can be contacted at support@pine.events. This email address can be used by Organizers to get in touch with PINE and receive assistance with any questions or issues related to the Application or Services.
These terms (the "Organizer Terms") govern the legal relationship between the Organizer and PINE when the Organizer uses the Service. When Attendees use the Service to participate in Events, the legal relationship between them and PINE is governed by the Attendee Terms.
These Organizer Terms outline the procedures and conditions governing Organizers' access to the Application. They also define the rights and obligations of the parties within this scope. The purpose of these Organizer Terms is to provide clear guidelines for the use of the Application by Organizers.
The Organizer accepts these Organizer Terms as a legally binding agreement (the "Agreement") by completing the Purchase Order or using the Service. The Agreement is a contract that creates legally binding terms between the Organizer and PINE when the Organizer uses the Service. The Organizer may not use the Service if it does not enter into an Agreement with PINE.
From this point on, PINE and the Organizer may be referred to individually as a "Party" and together as the "Parties".
1. General conditions
PINE reserves the right to change the terms of this Agreement at any time. PINE will notify the Organizer of any changes via email or through the Service, and the changes will take effect 14 days after the notification is sent. By continuing to use the Service after the changes are made, the Organizer accepts the revised terms as legally binding.
To be eligible to use the Service as an Organizer, the individual or entity must be legally competent and a legally recognized entity according to applicable laws. By creating an Account (the “Account”) and using the Service, the Organizer warrants that they meet these requirements and are legally qualified to enter into a binding legal relationship with PINE in accordance with this Agreement and all applicable laws.
2. Creating an Account
The Organizer may create an Account through the Service by providing the required information truthfully during the registration process. PINE may review the accuracy of the provided information at the time of registration.
The Organizer is solely responsible for any and all activities performed through the Account, as well as the safe use, maintenance, and confidentiality of their password and other Account details.
If the Organizer becomes aware of any unauthorized use of their Account, they must immediately notify us via email at support@pine.events.
3. License and provision of Events
Under the terms and conditions of this Agreement, we grant the Organizer a personal, revocable, non-exclusive, non-sublicensable, non-assignable, and non-transferable license (the "License") to download, install, and use the Service on a device that the Organizer owns or controls.
The Organizer agrees not to, and shall not permit any third party to:
Sublicense, redistribute, sell, lease, lend, or rent the Service.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the platform.
Copy (except for back-up purposes), modify, adapt, alter, improve, or create derivative works of the software or any part thereof.
Use PINE name, logo, or trademarks in any context without our prior written consent.
Use the Service or software to violate any applicable laws, rules, or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
Engage in any activity that interferes with or disrupts the Service.
The Organizer may use the Service for organizing Events, networking, and informing others about the Events it is organizing.
4. Services
The Organizer shall have access to the Services provided by PINE in a format and in accordance with the technical resources and features deemed most appropriate by PINE.
Creating an Event
In order to create an Event, Organizers must use the Services to complete the form. The Event must include the event name, event type, start and end dates, and the venue where the Event will take place.
The Organizer may include text presenting the Event and import content relating to the Event (such as text, photographs, and brand logos). The Organizer may also import a list of Attendees, including their contact details and email addresses, and may make changes to the list at any time.
By importing the list of Attendees, the Organizer acknowledges and agrees that PINE may automatically create an account for each Attendee and send them emails informing them of the account creation. These emails will enable Attendees to access the Event and the list of Attendees, allowing them to interact with each other and use the networking feature.
Publication of the Event
Upon creating an Event, the Organizer can preview it and once ready then publish it on the Application and make it available to imported Attendees. The Organizer may also generate a generic access code for the Event and share it with any Attendee, allowing them to access the Event even if they have not been imported through the Organizer's interface.
PINE will send Attendees whose names and contact details were provided by the Organizer through the list of Attendees an email containing a link to log in to the Event through the App, using the email address provided by the Organizer.
The Event can only be accessed by Attendees whose information has been provided to PINE and/or individuals who have been given the access code by the Organizer. The Organizer agrees and acknowledges this.
The Organizer agrees and acknowledges that the Event will remain accessible to Attendees indefinitely after the end date of the Event, unless the Organizer decides to deactivate access to the Event. However, the Organizer will still be able to access data about the Event from their Account.
The Organizer may also use the Application to add additional information to the Event (such as the Event program, Speaker list, or Exhibitor information) or to activate and personalize certain features (such as personalized Attendee and Exhibitor activation emails, discussion groups, push notifications, the Attendee meeting module, city guide, job board or an interactive map of the Event venue).
Support License
The support license covers support for the Organizer when organizing their Event, including:
Development of information flows between PINE and the Organizer's databases, and appointment of a project manager for the Event.
The project manager will work with the Organizer on tool setup, communication, logistics, and Attendee matchmaking data.
The presence of one or more PINE experts at the Event to increase App usage rates.
The support license ensures that the Organizer has access to the necessary resources and expertise to successfully plan and execute their Event.
Company Pro License
The Company Pro license covers the Services designed for companies who want advanced features at Event and indicated in the Purchase Order, which the Organizer may invoice in order to self-finance the Application. These Services may include a content management portal, virtual booth, job listing, company profile customization, and a team meetings management module.
The Company Pro license grants the Organizer access to these Services and allows them to use them for their Event planning and execution.
Ordering Additional Services
Organizers may order additional Services during the contract by sending PINE a new Purchase Order through any approved method. The Purchase Order must include the Organizer's contact details, including their email address, and a list of the additional Services they wish to contract.
Upon receipt of the Purchase Order, PINE will provide the Organizer with a quote (the "Quote") as soon as possible, typically via email. If a Quote is not sent within 30 days of receiving the Purchase Order, the Purchase Order will be considered not accepted.
If the Organizer accepts the Quote, they must return it to PINE, signed by their legal representative, within 14 days of the date the Quote was sent. PINE reserves the right to refuse any Quotes that are not returned within this timeframe, and the Organizer will not be entitled to any compensation.
Application Hosting
Under the terms of a best efforts obligation, PINE agrees to host the Accounts and any content published by the Organizer in its Account on its own servers or using a professional hosting service provider, in accordance with customary professional practices and best practices.
PINE will provide the Organizer with sufficient storage and processing capacity within the scope of the Services.
PINE will implement all necessary technical resources in accordance with best practices to ensure the security and accessibility of the Services, including infrastructure protection and surveillance, physical and/or virtual access control to the infrastructure, and the implementation of detection, prevention, and recovery measures to protect the Servers from malicious acts.
PINE will also take all appropriate precautions with regard to the nature of the data and risks of automatic data processing in providing the Services, safeguarding data security, and preventing data from being distorted, damaged, or accessed by unauthorized third parties.
Technical Support
PINE offers the Organizer technical support by the following email address: support@pine.events. This support allows the Organizer to report any difficulties they may encounter while using the Services.
Other Services
PINE reserves the right to offer any other Services it deems appropriate, in a format and with the technical features and resources it deems most appropriate for delivering these Services.
5. Service level guarantee
PINE agrees to ensure the permanence, continuity, and quality of access to the Services. To this end, PINE will make every effort to maintain 24/7 access to the Application and guarantees 98% Service availability, except in cases of force majeure.
However, due to the complex nature of the internet, the varying capacities of sub-networks, traffic patterns at different times of day, and other factors beyond PINE's control, PINE's responsibility is limited to the functioning of its servers, with the points of connection constituting the outer limits of the servers.
PINE cannot be held liable for (i) server access speed, (ii) slowdowns external to its servers, (iii) poor data transfer caused by failures or malfunctions of these networks, or (iv) poor internet connection during the Event.
If necessary, PINE reserves the right to limit or suspend access to the Application for maintenance and/or development work. In such cases, PINE will inform the Organizer in advance about the maintenance and/or development work, through appropriate means such as a general message on the Application.
During this maintenance and/or development work, PINE will make every effort to back up the content saved in the Organizer's Account and/or the Application.
The Organizer acknowledges and agrees that this Service Level Guarantee does not cover any breakdowns or disruptions of Services that may be caused by telecoms operators or internet service providers, the mobile web, poor internet coverage, or internet access saturation due to the Event's location.
It is also agreed that any breach of the provisions of this clause will not result in the termination of the contract with PINE and that PINE's liability will be limited as set out in the "Liability" clause.
6. Fees and payments
Price of Services
The Organizer must pay the indicated price on the Purchase Order to access paid Services. The price is calculated based on the number of Attendees, Company PROs, Streaming Hours and the Services contracted by the Organizer.
Prices are in USD and do not include taxes.
PINE reserves the right to offer promotions and price reductions at its own discretion and based on its own conditions.
Limits
The price of the Services will automatically increase if the number of Attendees, Company PROs and Streaming Hours, connected to Organizer’s Account during the term of the Contract exceeds the upper limit stipulated in the Purchase Order. In this case, the Organizer must pay additional costs corresponding to the price per additional Attendee, Company PRO or Streaming Hour as set out in the Purchase Order.
PINE will count the number of Attendees, Company PROs and Streaming Hours per Event. For illustrative purposes, it is specified that the same person or e-mail address registered for two separate Events will count as two Attendees.
PINE will inform the Organizer if the number of Attendees and/or Company PROs surpasses the upper limit specified in the Purchase Order. The Organizer may request to increase the number of Attendees, Company PROs and/or Streaming Hours by submitting a new Purchase Order.
If the Organizer exhausts their allotment of pre-purchased Attendee, Company PRO and/or Streaming Hour, they can purchase additional credits through a Purchase Order as needed. PINE will either charge the Organizer or send an invoice for any additional usage beyond the Organizer's Subscription limitation, including taxes. These charges are known as Add-On purchases.
Credits
If the actual number of Attendees, Company PROs and/or Streaming Hours, connected to the Organizer’s Account during the term of the Contract is below the upper limit provided for in the Purchase Order, PINE will grant a credit to the Organizer corresponding to the difference between the limit number and the actual number of Attendees, Company PROs and/or Streaming Hours imported or connected to the Organizer’s Account during the term of the Contract, multiplied by the price per Attendee/Company PRO/Streaming Hour. The Organizer may use this credit for a calendar year from the date it is issued and apply it to their next order, unless their Contract has expired. In this case, their credit will be permanently lost if they have not used it before the end of their Contract.
Annual Subscription
When the Organizer places an order under these Organizer Terms, they automatically agree to use the Services for one year, unless otherwise stated in the Purchase Order. The Contract will be automatically renewed under the current terms unless one of the Parties gives written notice of their intention not to renew the Contract at least 90 days before the end date of the Contract indicated on the Purchase Order.
Payment Terms
On the due date, PINE will issue an invoice to the Organizer and provide it via any appropriate means. The Organizer agrees to pay the invoice in a timely manner using any payment method deemed appropriate by PINE, including but not limited to a bank transfer using the bank account details listed on the invoice. The Organizer further confirms that they have obtained the necessary authorizations to make the payment.
Late Payments
The Organizer is hereby informed and expressly agrees that any late payment of any amount due to PINE will result in the following:
The immediate suspension of the Services until all amounts owed have been paid in full.
PINE will invoice late payment interest, calculated at a rate of 3 (three) times the legal interest rate, using the unpaid amount on the due date, plus fixed compensation of 50 (fifty) USD for recovery costs, without prejudice to claiming additional compensation if the actual recovery fees exceed this amount.
7. Length of Services and unsubscribing
Unless terminated early, the Contract begins on the Effective Date indicated in the Purchase Order and continues for a period of one year, unless otherwise specified in the Purchase Order.
The Contract is then renewed automatically for successive periods of the same duration, unless terminated by either Party by sending the other Party notice of their intention to terminate the Contract by registered letter with acknowledgement of receipt at least 90 (ninety) days before the end of the Contract, or any other notice period specified in the Purchase Order.
In the event of early termination of the Contract, if the Organizer was initially granted volume discounts for subscribed Services, Attendees, Company PROs and/or Streaming Hours, the Organizer agrees to pay back PINE the amount of these discounts in proportion to the number of actually subscribed Attendees, Company PROs and/or Streaming Hours and the Services used during the Contract.
8. Termination of the Contract
Once acquired by the Organizer, their credits have the same validity period as the Contract, as specified in the Purchase Order.
If they are not used during this period, they will be permanently lost and the Organizer will not be entitled to any refund, unless their Contract is renewed. In this case, the Organizer may use their remaining credits under the new Contract.
The Organizer can view the history and balance of their credits in the Application and can purchase additional credits at any time, subject to the issuance of a Quote.
9. Agreement on proof
The Organizer expressly acknowledges and agrees that:
data collected by the Application and on PINE's IT equipment accurately reflects the transactions under this agreement,
this data constitutes the primary form of admissible proof for the parties.
10. Rights and responsibilities of Organizer
In addition to the other obligations outlined in these Organizer Terms, the Organizer agrees to the following:
When using the Services, the Organizer must comply with these Organizer Terms, as well as all applicable laws and regulations. The Organizer is responsible for ensuring that their use of the Services does not infringe the rights of third parties or disrupt public order.
Furthermore, the Organizer is solely responsible for completing all necessary administrative, tax, and social security obligations and for paying any contributions and taxes that may be owed in relation to their use of the Services. Additionally, the Organizer is solely responsible for their use of the Application and Services.
The Organizer agrees to provide PINE with all necessary information to properly deliver the Services. Additionally, the Organizer agrees to actively cooperate with PINE to ensure the successful execution of these Organizer Terms, and to promptly inform PINE of any difficulties that may arise.
The Organizer is solely responsible for the documents, details, data, information, and any other content they provide to PINE as part of their use of the Services. The Organizer guarantees that they have the necessary rights and authorization to provide this information and to use it within the context of the Services.
The Organizer is solely responsible for his/her electronic devices, communication devices and other such devices and matters such as hardware condition, internet connection, antivirus, backup, and other similar issues.
The Organizer agrees that the Services are for their use only. As such, the Organizer will not assign, transfer, or otherwise delegate any of their rights or obligations under this Agreement to any third party.
The Organizer is solely responsible for all content (text, graphics, audio, audiovisual, and other types) that they publish on the Application, and for any resulting consequences.
The Organizer understands that the content they publish on the Application will be made publicly available to other users of the Application by default.
The Organizer warrants that they have obtained all necessary rights and authorization to disseminate the Content they publish on the Application. The Organizer further warrants that this content is lawful, does not violate public order or morality, does not infringe the rights of third parties, and does not breach any applicable laws or regulations.
The Organizer agrees not to post any content on the Application that may result in civil or criminal liability for PINE, including but not limited to child pornography, pornography, defamatory, abusive, racist, obscene, violent, or revisionist content, content that infringes the rights of third parties, content that violates the image of third parties, content that is false, misleading, or promotes illegal activities, and any other content that may harm or infringe the rights of third parties.
By using the Services, the Organizer grants PINE permission to collect, analyze, and store anonymized usage statistics and activity reports related to their use of the Services. These statistics will only be used by PINE for internal purposes related to the Services, and may be shared with third parties for the purpose of improving the Services. The Organizer can access the statistics of their use of the Application and the activity reports of their Event through their Account.
If the Organizer does not comply with this Agreement, PINE may terminate the Agreement with immediate legal effect, cancel the Account of the Organizer and implement any other similar procedure.
11. Organizer guarantee
The Organizer agrees to indemnify and hold PINE harmless from any complaints, claims, actions, or demands arising from the Organizer's breach of any of their obligations or warranties under these Organizer Terms.
The Organizer also agrees to compensate PINE for any damages incurred and to pay for any fees, expenses, or penalties incurred as a result.
12. Rights and responsibilities of PINE
PINE is committed to providing the Services with the utmost care and attention, in accordance with industry best practices. However, please note that PINE's obligation is to use its best efforts, and no performance guarantees are given. The Organizer acknowledges and accepts this limitation of PINE's liability.
The scope of PINE's role is limited to providing the Services as described in these Organizer Terms.
PINE is not involved in the relationships between Organizers, Event Attendees, and Companies, and cannot be held liable for any issues that may arise between them. This includes, but is not limited to, disputes concerning the delivery of Company PRO services, Attendee obligations, guarantees, declarations, and any other Organizer obligations. However, PINE values the feedback of Organizers and invites them to bring any concerns to our attention in order to improve the quality of our Services.
PINE does not guarantee that the Services provided will fulfill all of the Organizer's needs and expectations.
PINE is not responsible for any decisions made by the Organizer or any third party appointed by the Organizer. Additionally, PINE cannot be held liable for any Content published on the Application by the Organizer, as PINE does not oversee, verify, or moderate this Content in any way.
PINE regularly checks the Application and its website www.pine.events to ensure that they are functioning properly and are accessible. In order to maintain the Application, PINE reserves the right to temporarily suspend access to the Application.
PINE cannot be held liable for temporary or difficult access to the Application if it is caused by external circumstances, force majeure, or disruptions to the telecommunications network.
The Services provided by PINE are delivered "as is" without any express or implied warranties. PINE does not warrant that the Services, which are subject to ongoing improvements, will be error-free, defect-free, or flaw-free. Additionally, PINE does not guarantee that the Services, which are standard and not tailored to specific Organizers' constraints, will meet the Organizers' needs and expectations.
Therefore, the Organizer acknowledges and accepts that PINE provides no guarantees regarding the success of an Event, the number of Attendees who may register for an Event, the use of the Application by Attendees or Companies, or the number of networking contacts that may be made or come to fruition through the Application.
13. Limitation of liability
To the fullest extent permitted by law, PINE will not be liable to the Organizer for any indirect, incidental, special, consequential, or punitive damages arising from or related to their access to or use of the Services, or their inability to access or use the Services or any material or content of the Services, whether based on any warranty, contract, tort (including negligence), law or any other legal theory, and whether or not any of PINE's entities had been advised of the potential damages.
To the fullest extent permitted by law, the total liability of all entities of PINE with regard to the Organizer for any claims arising from or related to the use or inability to use any part of the Services or otherwise within the framework of these Organizer Terms, whether contractual, tortious or otherwise, is limited to the total amount invoiced by PINE under the contract for the current year.
Each provision of these Organizer Terms which provides for limitation of liability, exclusion of warranty or exclusion of damages is intended to apportion the risks among the parties by virtue of these Organizer Terms and does as such. This apportionment is an essential element on which the agreement between the parties is founded. Each of these provisions is separable and independent of all other the provisions of these conditions. The limitations in this section will apply even if a limited motion fails in its primary objective.
14. Indemnification
The Organizer agrees to defend, indemnify and hold harmless us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Organizer’s use of, or inability to use, the Service; (ii) Organizer’s violation of this Agreement; and (iii) Organizer’s violation of any third party right, including without limitation any intellectual property rights or data protection right.
15. Prohibited conduct
The following uses of the services are strictly prohibited:
Engaging in illegal, fraudulent, or infringing activities that harm the rights or security of third parties.
Violating public order or existing laws and regulations.
Hacking into the IT systems of third parties or any actions that seek to harm, control, interfere with, or intercept any part of a third party's information system, or violate its integrity or security.
Taking actions to improve the SEO of a third-party website.
Encouraging or aiding in any way the aforementioned prohibited activities.
Using the services for any purpose other than their intended design.
It is strictly prohibited for Organizers to copy and/or use, for their own purposes or the purposes of third parties, the concept, technologies, any part or all of the data, or any other component of the Application.
The following behaviors are also strictly prohibited:
Any behavior that disrupts, suspends, slows down, or prevents the continuity of the Service.
Any attempts to hack into PINE's systems.
Any hijacking of the Application's system resources.
Any actions that place an excessive load on PINE's infrastructure.
Any attempts to breach the security and authentication systems.
Any actions that could harm PINE's financial, business, or moral interests and rights.
Any violations of these Organizer Terms of Use.
It is strictly prohibited to earn any income from, sell, or transfer any part or all of the access to the Services or Application, as well as any information hosted or shared on it.
16. Penalties for breaches
In the event of a violation of any of the provisions of the Organizer's Terms, or any other laws and regulations by the Organizer, PINE reserves the right to take all necessary measures, including but not limited to:
Suspending, removing, or preventing access to the Services for any Organizer who has committed a violation or has been involved in one.
Deleting any Content related to the violation in question, either partially or in full.
Taking all appropriate measures and initiating legal proceedings.
Notifying the relevant authorities, if applicable, and cooperating with them to provide any information needed for their investigation and to suppress illegal or illicit activities.
In the event that an Organizer fails to fulfill a critical obligation under the Contract or repeatedly violates such an obligation, PINE reserves the right to immediately terminate the Organizer's access to all or part of the Services, with notification by email. This termination will take effect immediately upon the date that PINE sends written notification to the Organizer in question. This automatically, and without prior notice, results in the deletion of the Organizer's Account, without prejudice to any other consequences that may be incurred through the application of the Contract.
17. Confidentiality
Each party agrees to maintain the confidentiality of the other party's documents, information, and data that are marked as confidential. In the case of PINE, this includes the personal data that it will process on behalf of the Organizer within the scope of the services.
This information is referred to as "Confidential Information" in this agreement.
The party receiving the Confidential Information agrees not to disclose it without the other party's prior consent for a period of three (3) years from the end of the delivery of the relevant Services. The receiving party cannot share the information with employees, co-workers, interns, or consultants unless they are bound by the same confidentiality obligations as set forth in this agreement. This obligation does not apply to documents, information, and data that:
The receiving party was already familiar with.
Were already in the public domain when received, or would become public without violating these Organizer Terms of Use.
Were lawfully obtained from a third party.
Are required by legal authorities in the application of laws and regulations, or for the purpose of establishing the rights of one of the parties under these Organizer Terms.
18. Intellectual property
The systems, software, structure, infrastructure, databases, codes, and other content (including text, images, visuals, logos, trademarks, and databases) used by PINE on the Application, excluding any Content belonging to the Organizer, are protected by intellectual property and database producer rights.
Any unauthorized dismantling, decompiling, decoding, extraction, reuse, copying, or other reproduction, representation, dissemination, or usage of any of these elements, in whole or in part, is strictly prohibited and may result in legal action.
The Organizer grants PINE an unlimited, perpetual, irrevocable, and non-exclusive right to use their suggestions or proposals for improving the Application, in any way or for any purpose.
By posting Content on the Application, the Organizer grants PINE a non-exclusive, worldwide, royalty-free right and license (including the right to sublicense) to host, store, transfer, display, run, reproduce, and modify all or part of such Content, in any format and through any channels currently known or hereafter developed.
19. Personal data
As part of the Services, a specific database is assigned to each Event, containing all personal data of Attendees or Companies that has been uploaded by the Organizer to the Application, as well as any personal data that Attendees or Companies have provided directly to PINE through the Application.
PINE and the Organizer agree to comply with data protection regulations, including the EU General Data Protection Regulation (GDPR) 2016/679.
In providing its Services, PINE acts successively as an external data processor and then as a data controller with regard to the personal data of those participating in the Organizer's Events.
The specific conditions for external processing of personal data, as outlined in the Annex, will apply.
20. Links and third-party websites
PINE cannot be held responsible for the technical availability of websites run by third parties (including partners) that the Organizer may access through the Application.
PINE is not responsible for the content, advertisements, products, and services available on these third-party websites, and users should be aware that these sites are governed by their own terms and conditions.
PINE is not responsible for any transactions between the Organizer and any advertisers, professionals, or salespersons (including potential partners) that the Organizer may be directed to through the Application, and it will not be involved in any disputes with these third parties, including concerning the purchase of products and services, guarantees, declarations, or any other obligations that these third parties may be bound by.
21. Force majeure
Neither party may be held responsible for a failure to perform its contractual obligations if such failure is due to an event beyond the control of the parties and constituting force majeure, as defined in relevant U.S. law.
The parties agree that force majeure includes the occurrence of any events or circumstances of an unforeseeable and/or unavoidable nature as recognized by legal precedent and U.S. courts, as well as strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters, or malfunctions attributed to a third-party telecommunications provider.
The party prevented from fulfilling its obligations must inform the other party as soon as possible, indicating the nature of the force majeure. The parties will work together to determine the most appropriate means of mitigating, if possible, the consequences of the event or events constituting force majeure.
If the force majeure lasts for more than 3 months, each party may terminate the contract without notice, without legal formality, and without the right to any compensation, by providing written notice to the other party.
If, following a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it remains responsible for the performance of the obligations that are not affected by the case of force majeure, as well as for its payment obligations.
Upon the cessation of the force majeure, the party prevented from fulfilling its contractual obligations must immediately inform the other party and resume the performance of the affected obligations within a reasonable period.
In the event of the cancellation or postponement of an Event by the Organizer due to COVID-19 (Coronavirus), the Organizer must notify PINE as soon as possible.
The Organizer may then request the postponement of the subscription fee for their license(s) for the Event to a later date, and request payment of the invoice in installments over two years (50% payable in the year of subscription, 50% payable in the year during which the Event was postponed to).
22. Advertising
PINE, in collaboration with the Organizer, reserves the right to include advertising and promotional messages on any page of the Application and in any communication with the Attendees, in a format and under conditions determined solely by PINE.
23. Amendments
PINE reserves the right to amend these Organizer Terms at any time.
Organizers will be informed about these amendments through appropriate means.
Organizers who do not agree to the amended Organizer Terms must unsubscribe from the Services using the procedure described in "Length of Services and Unsubscribing" clause.
Any Organizer who continues to use the Services after the amended Organizer Terms have taken effect is deemed to have accepted the amendments.
24. Governing law and disputes
The Organizer Terms are subject to U.S. law and will be governed and interpreted in accordance with it.
The competent court for any disputes that may arise regarding their validity, interpretation, or performance will be the court with jurisdiction over the matter, unless there is a contrary and mandatory procedural requirement.
25. Contact information and inquiries
The competent court for any disputes that may arise regarding their validity, interpretation, or performance will be the court with jurisdiction over the matter, unless there is a contrary and mandatory procedural requirement.
Emailing us at: hello@pinetool.ai
Writing to us at: 160 Greentree DR STE 101, Dover, Kent, Delaware, 19904, USA
DISCLAIMER: The legally binding version of this document is written in English. Translations into other languages may be provided as a courtesy to non-English speakers. In the event of any discrepancies between the English version and a translated version, the English version shall take precedence."
ANNEX 1: CONDITIONS SPECIFIC TO THE EXTERNAL PROCESSING OF PERSONAL DATA
General Provisions
PINE and the Organizer undertake, each acting in their own sphere, to comply with data protection regulations, including EU regulation 2016/679 of the European Parliament and Council of 27 April 2016 (General Data Protection Regulation).
Within the scope of the provision of its Services, PINE acts successively as an external data processor and then as a data controller with regard to the personal data of those participating in the Organizer's Events:
When the Organizer creates an Event page and imports the list of Attendees, and until the end of the Event in question, PINE acts as an external data processor on behalf of the Organizer, who assumes the role of data controller.
Once the Event is over, PINE stores the data of Attendees in order (i) to allow them to interact with the contacts they have met during the Event, and (ii) to offer personalized interactions to each Attendee, based on their interactions during previous Events, if they register for another Event. In this case, PINE becomes responsible for processing this data.
The provisions of this annex apply when PINE acts as an external data processor on behalf of the Organizer.
The processing has the following facets:
Purpose of personal data processing:
Management of the creation and running of the Event
Type of personal data processed:
First name, last name, email addresses, professions, telephone number, photograph, interests, business sector.
Types of people concerned:
Attendees, Exhibitors, Organizers, and Speakers
Processing period:
Until the end of the Event in question
Processing location:
Ireland
PINE sub-contractor involved in processing (if applicable):
AWS and SendGrid
The Organizer is responsible for processing this data and must fulfill the obligations incumbent upon them in accordance with the aforementioned regulation, including the obligation to inform relevant individuals, maintain a log of processing, and generally comply with the principles of the regulation.
The data provided by the Organizer to PINE for the purpose of delivering the services remains the property of the Organizer and the Organizer is solely responsible for it.
PINE is solely involved as an external processor of personal data.
PINES's obligations to the Organizer:
Data processing:
PINE agrees to only process personal data for the purpose of delivering the services and in accordance with the Organizer's documented instructions. PINE will inform the Organizer if, in its view, an instruction constitutes a violation of the applicable regulations.
PINE agrees to only process personal data for the purpose of delivering the services and in accordance with the Organizer's documented instructions. PINE will inform the Organizer if, in its view, an instruction constitutes a violation of the applicable regulations.
Data security and confidentiality:
PINE agrees to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, including personal data backups and restoration in the event of a physical or technical incident. PINE also ensures that individuals authorized to process personal data are bound by an obligation to maintain data confidentiality.
PINE agrees to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, including personal data backups and restoration in the event of a physical or technical incident. PINE also ensures that individuals authorized to process personal data are bound by an obligation to maintain data confidentiality.
Other sub-contractors:
PINE agrees not to use other external data processors without the prior written, specific or general, approval of the Organizer. In the case of a general written authorization, PINE agrees to inform the Organizer of any planned changes regarding the addition or replacement of other external data processors, allowing the Organizer to object to these changes.
PINE agrees not to use other external data processors without the prior written, specific or general, approval of the Organizer. In the case of a general written authorization, PINE agrees to inform the Organizer of any planned changes regarding the addition or replacement of other external data processors, allowing the Organizer to object to these changes.
Provision of information:
PINE agrees to respond to any information requests made by the Organizer, whether it concerns individuals exercising their rights, an impact analysis, or a request from data protection authorities or the Organizer's data protection officers.
PINE agrees to respond to any information requests made by the Organizer, whether it concerns individuals exercising their rights, an impact analysis, or a request from data protection authorities or the Organizer's data protection officers.
Notification of personal data breaches:
PINE agrees to inform the Organizer about any personal data breach within a maximum of 72 hours of becoming aware of the breach. If the Organizer needs to notify relevant authorities about the breach, PINE agrees to provide any relevant documentation.
PINE agrees to inform the Organizer about any personal data breach within a maximum of 72 hours of becoming aware of the breach. If the Organizer needs to notify relevant authorities about the breach, PINE agrees to provide any relevant documentation.
Data retention:
PINE agrees to delete personal data 3 years after the last time the Application user logged in to the Application, regardless of the reason, and to not keep any copies.
PINE agrees to delete personal data 3 years after the last time the Application user logged in to the Application, regardless of the reason, and to not keep any copies.
Log and documentation:
PINE maintains a written log of data processing undertaken on behalf of the Organizer. This register also contains information regarding this processing. If requested by the Organizer, PINE makes available to the former all information needed to demonstrate its compliance with its obligations.Log and documentation:
PINE maintains a written log of data processing undertaken on behalf of the Organizer. This register also contains information regarding this processing. If requested by the Organizer, PINE makes available to the former all information needed to demonstrate its compliance with its obligations.Log and documentation:
End-of-Contract destination of data
Upon the termination of the Contract between PINE and the Organizer, PINE agrees to provide the Organizer, upon request, with a copy of the personal data processed under the Contract. The Organizer is explicitly notified and consents to PINE retaining and processing this data in its capacity as a data controller for the purpose of providing Services to Attendees after the Event.