Version 1.1 These terms of use (“Terms”) apply to the use of the FAMFAM App ("App") and the FAMFAM Web Profile ("Web Profile") provided by FAMFAM AG, Schollenmatt 2, 8832 Wollerau, Switzerland ("FAMFAM" or “We”). If you, as a user of the App or Web Profile (“User,” “You”), accept these Terms in the App or on the Web Profile, You and FAMFAM conclude a contract for the use of the App and Web Profile ("User Contract"). 1. Provision of the App 1.1 FAMFAM provides the App and Web Profile exclusively for private use. The use of the App and Web Profile by minors and for commercial or professional purposes is prohibited. 1.2 The User Contract is concluded as soon as You accept these Terms in the App or on the Web Profile electronically. 1.3 The App and Web Profile allow You to follow contemporary cultural movements and trends in the fields of electronic music, fashion and art, to use shop functionalities and to make a valuable contribution to society by donating to the FAMFAM Foundation. 2. Use of the App 2.1 You require an internet connection for most of the features in the App and Web Profile. You are responsible for establishing and maintaining the internet connection and bear the costs incurred for this. 2.2 FAMFAM cannot guarantee uninterrupted availability of the App or Web Profile, but will try to keep operational interruptions for maintenance or similar purposes to a minimum. 2.3 You are responsible for checking whether the App is compatible with the software or hardware of Your smartphone or browser for the Web Profile. FAMFAM is not obliged to offer technical support for running the App or Web Profile. 2.4 FAMFAM is not liable for data loss caused by You deleting Your data, deleting the App from Your smartphone, deleting Your User Account or losing Your access data for Your User Account. 2.5 FAMFAM is entitled to block Your access to the App and/or Web Profile if there is sufficient suspicion that You have violated these Terms. You can avert these measures if You can dispel the suspicion by providing suitable evidence at Your own expense. 2.6 FAMFAM reserves the right to change the App and/or Web Profile and its features in whole or in part or to discontinue them temporarily or permanently. Insofar as these are significant changes, FAMFAM will inform You in advance of the change with reasonable notice and in a suitable form. 2.7 Communication Consent By registering, You consent to receiving push notifications and emails necessary for the operation of the App and Web Profile. You may opt out of non-essential notifications in Your device, Web Profile, or App settings. 2.8 Data Privacy The use of the App and Web Profile is subject to our Privacy Policy, which explains how we collect, use, and protect Your personal data. You can access it https://www.famfam.app/data-protection-notice/. 3. Registration of a FAMFAM User Account 3.1 To use the App and Web Profile, You have to create an individual FAMFAM user account ("User Account"). 3.2 For creating a User Account, You will be asked to provide to Us information (e.g., name, e-mail address and date of birth), with which You can register and then log in to Your User Account. To verify the User Account, FAMFAM will send You a confirmation email with a confirmation code, which You have to enter in the input mask to complete the registration process. 3.3 You may further personalize Your User Account by adding a profile image or linking to Your social media accounts. 3.4 You are responsible for keeping Your password secret. In case of suspicion of misuse by a third party, You are obliged to inform FAMFAM immediately. 3.5 You may request the deletion of Your User Account at any time by contacting us at support@famfam.app. We will process your request and delete your account, including associated personal data, within sixty (60) days, unless we are legally required to retain certain data for a longer period (e.g., for tax or accounting purposes). After deletion, you will no longer be able to access the App or Web Profile, and any associated content, guest list entries, donation history, or tickets will be permanently removed or anonymized. 4. Donations to FAMFAM Foundation 4.1 FAMFAM is an innovative platform dedicated to music enthusiasts, curating a vibrant blend of music, fashion, and art that embodies the contemporary spirit of our age. At the heart of FAMFAM lies our commitment to social impact through the FAMFAM Foundation. The FAMFAM Foundation is dedicated to fundraising for lasting projects aimed at providing underprivileged children and teenagers with access to professional environments that nurture and elevate their creative potential. You can make a donation to the FAMFAM Foundation via the App. 4.2 For making a donation to the FAMFAM Foundation, You have to enter the legally required information in the App to process Your donation. You can make the donation directly in the App via a payment interface. 4.3 You may claim a donation receipt for tax purposes. For donations of EUR 300 or more, You automatically receive a donation receipt after the FAMFAM Foundation has received the donation. 5. Guest List Request 5.1 FAMFAM may offer You to put You (and one or more companions) on Our exclusive guest list for selected events. To register on a guest list, You must install the App on Your device. FAMFAM may send You a request to apply for guest list or an invitation to a guest list via push notification if You have agreed to receive push notifications on Your device. 5.2 Your placement on the guest list will only be binding upon explicit confirmation of Your registration on the guest list after FAMFAM has checked the available capacities for the respective event. You can find the confirmation in the App. 5.3 FAMFAM reserves the right to make the placement on the guest list dependent on making a donation to the FAMFAM foundation (see Section 4 of these Terms). 6. Ticket Purchase Tickets offered in the App are provided by third-party event organizers. The event attendance contract is concluded solely with the respective event organizer.The relevant provider will be clearly named during the purchasing process. Ticket sales are binding upon confirmation and payment. Refunds or cancellations are only possible if explicitly stated during purchase or if mandated by applicable law. FAMFAM does not guarantee the occurrence of events provided by third parties or entry conditions beyond its control. 7. Additional Features / Third Parties 7.1 FAMFAM may add further functionalities and features to the App which may be subject to a payment (e.g., sale of tickets and merchandising) and / or which require the conclusion of additional contracts with FAMFAM. 7.2 FAMFAM may link to services of third-parties in the App (e.g., promoters or clubs) from whom the User may purchase products or services (e.g., tickets) under separate contracts with such third-parties. Unless explicitly agreed, FAMFAM will not be part of these contracts with third-parties and will not be responsible for the provision of third-party services. 7.3 The App may be expanded in future versions to include merchandise sales, table reservations via chat, waitlists, ticket resales, and music content access. FAMFAM will provide specific terms for each new feature before launch and may require additional agreements or payments for their use. 8. Right of Use 8.1 FAMFAM grants a non-exclusive, non-transferable, non-sublicensable right to use the App for the duration of and in line with the User Contract. Otherwise, all rights to the App and the content contained in the App remain with FAMFAM. In particular, You may not make the App or its content publicly accessible, rent it out or use it commercially in any other way. 8.2 The App contains content of third-parties which is protected under copyright law or other intellectual property right laws. You may only use such content as part of the contractual use of the App or as otherwise permitted by such third-party. 8.3 You may be able to upload and share content with other users in the App. You are obliged to ensure that you have all legally required rights to this content in order to upload and share this content. 8.4 You shall indemnify Us against all claims of third-parties against Us resulting from a breach of the obligations under Clauses 8.2 and 8.3, to the extent you are responsible for this breach. 9. Payments 9.1 The use of the App is generally free of charge. However, FAMFAM reserves the right to offer a paid version of the App (“Subscription”) or to offer certain services, content or features in the App against payment only (“Paid Services”). 9.2 The prices for the Subscription and / or Paid Services will be agreed in the respective contracts for the Subscription and / or the Paid Services. 9.3 Payments can be made via the payment methods specified by FAMFAM before conclusion of the contract for the Subscription and / or the Paid Services. 9.4 All prices displayed in the App are gross prices including the applicable statutory VAT. 10. Liability 10.1 FAMFAM is liable without limitation in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of mandatory product liability law (Produkthaftungsgesetz) and to the extent of a guarantee assumed by FAMFAM. 10.2 Notwithstanding section 10.1, FAMFAM's liability for a slightly negligent breach of an obligation that is essential for achieving the purpose of a contract is limited to the amount of damage that is foreseeable and typical according to the nature of the subject matter of the contract. Any further liability of FAMFAM shall be excluded. 10.3 The limitation of liability according to section 10.2 also applies to the personal liability of employees, representatives and corporate organs of FAMFAM. 11. Term and Termination 11.1 The User Contract is concluded for an indefinite period. You and FAMFAM may terminate the User Contract at any time with a notice period of two (2) weeks to the end of each calendar month. After termination of the User Contract, You can no longer use the App. 11.2 For Subscriptions or contracts on Paid Features, other termination periods may apply. 11.3 FAMFAM will terminate the User Contract and close Your User Account if FAMFAM does not register any activity on the User Account for a period of two (2) years. In this case, FAMFAM reserves the right to delete the data in the User Account and to inform You of the deletion in a suitable form in advance. 11.4 Each party has the right to terminate the User Contract for good cause without observing a notice period. An important reason for FAMFAM is in particular: A breach of the provisions of these Terms by the User which is not remedied even after a deadline has been set;a criminal act by the User or the attempt to commit such an act, e.g., fraud, ordefault on a payment obligation in accordance with the agreed payment to be made by the User. 11.5 The statutory right of withdrawal under applicable consumer protection laws to which the User might be entitled remains unaffected. 12. Information on the Online Dispute Resolution in the EU via the Internet 12.1 Online dispute resolution via the internet (Art. 14 (1) ODR Regulation): The European Commission provides a platform for online dispute resolution: http://ec.europa.eu/consumers/odr/. 12.2 Online dispute resolution before a consumer arbitration board (§ 36 VSBG): FAMFAM is neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board. 13. Amendment of these Terms FAMFAM reserves the right to amend these Terms, e.g., in the event of changes of legal obligations or market conditions, to the extent such amendment is reasonable for the User, taking into account the interests of the User. FAMFAM will inform the User at least six weeks before the amendment comes into effect. If the User does not object to the amended Terms coming into force within four weeks after such information about the amendment, the amended Terms shall be deemed agreed. FAMFAM will specifically inform the User at the beginning of the aforementioned period of the effect of the Users behavior. 14. Miscellaneous 14.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer and has his / her habitual residence in another country at the time of the conclusion of the User Contract or another contract with FAMFAM, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in the foregoing sentence. 14.2 Should individual provisions of these Terms prove to be legally invalid, the remaining parts of Terms shall remain binding. In this case, the parties shall mutually agree on an effective provision that corresponds as closely as possible to the original intention of the parties. Ticket Shop Terms and Conditions For all contracts and orders placed regarding the delivery of tickets, tables, guest list places/vouchers, the following General Terms and Conditions apply exclusively in relation to FAMFAM: 1. Conclusion of contract, cancellation 1.1. The offer to conclude a contract is made by the customer as soon as they click on the “Buy” button or the corresponding clearly labeled button. A contract between the customer and the respective contractual partner (organizer) is only concluded when FAMFAM assigns and sends the order number to the customer. The contractual partner who is responsible for carrying out the event and granting the customer access authorization is the organizer. 1.2. Unless otherwise agreed at the time of purchase, commercial resale of the ticket(s) or digital admission authorizations is not permitted. Non-commercial resale is only permitted at a price equal to the printed price of the ticket(s) or digital admission authorizations plus the proven fees/costs incurred in the original purchase. In the event of a violation of the above condition, the respective organizer has the right to refuse admission to the event without replacement. Corresponding additional information when purchasing personalized tickets and resale prohibitions must be observed. 1.3. FAMFAM is entitled to cancel an order for which an order number has already been assigned (unilateral right of withdrawal) if the customer violates the conditions set by the organizer and/or FAMFAM, which were pointed out during the ticket pre-sale, or attempts to circumvent them (e.g. violation of restrictions on the number of tickets per customer, in particular resale prohibitions, attempts to circumvent these restrictions through abusive registration and use of multiple user profiles, etc.) or if there are outstanding claims against the customer in connection with the ticket sale. In particular, without the prior written consent of the respective organizer, neither the use of tickets for commercial advertising and/or marketing purposes (e.g., as prizes for commercial contests or other commercial competitions) nor the resale of tickets in the access and/or entrance area of the event venues covered by the organizer's domiciliary rights is permitted. 1.4. In the event of event postponements, the organizer is entitled to declare the original tickets for the postponed event valid for the new, postponed date of the event. In such cases, it is not possible to return the tickets to the organizer or to cancel the ticket purchase as a result of the postponement, unless it can be proven that it is unreasonable for the ticket holder to attend the postponed event. This does not apply if the organizer is responsible for the postponement of the event. 1.5. In the event that the organizer's general terms and conditions and FAMFAM's general terms and conditions contain conflicting provisions, FAMFAM's general terms and conditions shall take precedence over the organizer's specific terms and conditions. 2. Payment, prices 2.1. Depending on the event and order modalities, payment is possible via SEPA direct debit, credit card, PayPal, ApplePay, and/or prepayment by bank transfer, as well as purchase on account. 2.2. Statutory value-added tax is included in the price. The total price of the order, including all fees, is generally due for payment immediately after conclusion of the contract. Notwithstanding this, if the payment method is prepayment, the total price must be transferred in full to the account specified by FAMFAM by the date specified. 2.3. Under certain circumstances, additional fees such as shipping costs and an online booking fee may be charged per event. Whether and to what extent these costs are incurred depends on the respective event, the ticket price, and/or the customer's selection and will be indicated in the order process by separate notices and/or links. 3. Retention of title 3.1. In the case of a consumer, FAMFAM or the organizer reserves the right of ownership of the respective admission entitlement (tickets, tables, vouchers, etc.) until full payment has been made. In the case of personalized tickets, the transfer of the entitlement arising from the ticket is subject to full payment. The corresponding reservations/security rights are transferable to third parties. 3.2. The customer shall only be entitled to offset claims if their counterclaims have been legally established or are undisputed or recognised by FAMFAM. Furthermore, the customer shall only have a right of retention if their counterclaim is based on the same contractual relationship. 4. Digital admission authorizations {Consultation with client: Are there minimum system requirements that need to be described, or is this already clarified in the respective app store before downloading the app and explained to the customer in an understandable way?} 4.1. FAMFAM only offers digital admission authorizations for selected events. This is a special form of use and management of admission authorisation in digital form via the FAMFAM app on a mobile device. A ticket in paper form or other physical form will not be sent. 4.2. Digital admission authorisations are stored in the customer's account in the FAMFAM app. Digital admission tickets must be retrieved by the customer in the FAMFAM app. From the FAMFAM app, the customer can manage their digital admission tickets and use them to access the respective event. To do so, the customer must bring their mobile device with them upon entry and present it with the digital admission ticket upon request. 4.3. The customer's authorized ownership of the digital admission authorizations can be verified electronically at any time by the event organizer or FAMFAM. If necessary, the customer must undergo an authentication process in order to continue using their digital admission authorizations. Otherwise, access may be blocked until the process has been completed properly. 5. Limitations of liability, exclusion of withdrawal in the event of certain breaches of duty 5.1. FAMFAM shall be liable without limitation under the Product Liability Act for damage caused intentionally or through gross negligence, for fraudulent concealment of defects, and for damage resulting from injury to life, limb, or health. Liability for damages resulting from the breach of a warranty is also unlimited. 5.2. In the event of a breach of essential contractual obligations (so-called cardinal obligations) based solely on simple negligence, FAMFAM's liability is limited to compensation for foreseeable damages typical for this type of contract. 5.3. Except in the cases mentioned in paragraphs 1 and 2, FAMFAM shall not be liable for damages caused by simple negligence. 5.4. The customer's right to withdraw from the contract due to a breach of duty not attributable to the organizer or FAMFAM and not consisting of a defect in the goods is excluded. 5.5. To the extent that FAMFAM's liability is excluded or limited in accordance with the preceding paragraphs, this also applies to the liability of its vicarious agents and assistants. 6. Right of withdrawal 6.1. Consumers do not have a right of withdrawal, or the right of withdrawal for consumers may expire prematurely in the case of the following contracts: Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, motor vehicle rental, delivery of food and beverages, and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision of services. This means that FAMFAM does not offer a right of withdrawal for services in the area of leisure activities, in particular tickets for events. Every ticket order is therefore binding immediately after confirmation by FAMFAM and obliges the customer to accept and pay for the tickets ordered. 6.2 The following right of withdrawal applies to all other contracts with consumers (except ticket purchases): You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us, FAMFAM AG, Schollenmatt 2, 8832 Wollerau, email: support@famfam.app by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires. 6.3. Consequences of withdrawal: If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality. 6.4. Sample withdrawal form: If you wish to withdraw from the contract, please fill out this form and send it back to us. FAMFAM AG, Schollenmatt 2, 8832 Wollerau, email: support@famfam.app I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only for paper notifications) Date (*) Please delete as applicable. --End of cancellation policy and sample cancellation form-- 6.5. In the event of cancellation by the customer, the following applies: FAMFAM may refuse to refund until FAMFAM has received the goods back or until the customer has provided proof that they have returned the goods, whichever is earlier. The customer must return or hand over the goods to FAMFAM immediately and in any case no later than fourteen days from the day on which they notify FAMFAM of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods. The customer shall be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality. 7. Final provisions 7.1. Swiss law applies. Notwithstanding the above provision on the choice of law, consumers who are habitually resident outside the Federal Republic of Germany may always invoke the law of the country in which they are resident. 7.2. FAMFAM is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.