Legal - Terms of Service

1. Service

1.1 Tisch. Events, a company registered in England and Wales under Company ID 12842179 and VAT ID GB358 8407 59, with its registered office at 111 Summers Road ("Tisch."), provides a Software-as-a-Service ("SaaS") offering accessible through a cloud-based platform. This Service facilitates real-time, active participant engagement during meetings, trainings, workshops, or other events ("Events") organized by customers (collectively, the "Service"). The Service operates through Tisch.’s proprietary and licensed technology infrastructure, including all related software, IT systems, networks, and third-party integrations or software distributed via app stores or similar channels ("Underlying Systems" and "Components").

1.2 Access to the Service is available via internet-enabled devices through the official websites Tischevents.com or Tisch.events ("Website").

1.3 The Service includes various subscription plans as detailed at Tisch.events/pricing. Except for the Basic plan, usage of the Service requires the payment of applicable fees in accordance with these Terms.

1.4 To utilize the Service, an organizer must select a subscription plan and register an account via the Website using their full name, a valid email address, and a secure password.

1.5 The entity on whose behalf the organizer accepts these Terms shall be deemed the "Customer." The organizer hereby represents and warrants that they:

(a) are authorized to act on behalf of the Customer and legally bind the Customer to these Terms;

(b) have read and understood the Terms in full; and

The organizer further acknowledges that the Service is intended solely for professional use and constitutes a business transaction exempt from consumer protection regulations.

1.6 The Customer must not be a consumer, and these Terms are governed by commercial legal principles under the applicable Commercial Code.

1.7 Subject to plan limitations, the Customer may authorize individuals to act as organizers or participants. Collectively, the Customer, organizers, and participants are referred to as "Users."

1.8 Participants are not required to create an account to use the Service. The Service is provided to participants free of charge.

1.9 Subject to Clause 12, Tisch. endeavors to maintain Service availability on a continuous, 24/7 basis. However, temporary unavailability may occur due to maintenance, upgrades, or events of Force Majeure. Scheduled maintenance and service status updates are available at status.Tisch.events.

1.10 Tisch. may contact the Customer via email with communications directly or indirectly related to the Customer's use of the Service.

2. Beta Service

2.1 Tisch. may introduce new or redesigned features of the Service on a trial basis ("Beta Service"). These Beta Services are identifiable by a “BETA” label and may be unstable, incomplete, or not fully functional. Access may be free or fee-based.

2.2 Use of any Beta Service is governed by these Terms, along with any additional terms Tisch. may impose at its sole discretion.

2.3 Beta Service access is permitted only for a limited period as determined by Tisch., who may revoke access at any time, without liability. If access is revoked for a paid Beta Service, a pro rata refund for unused time will be issued.

2.4 Customer understands and agrees that Beta Services are under development, may be partially or wholly inoperative, and may contain more bugs and errors than other services.

2.5 Tisch. does not guarantee that any Beta Service will be made generally available.

2.6 Except as expressly stated in these Terms or the Security Appendix, all Beta Services are provided “as is” without warranties of any kind. To the fullest extent permissible by law, Tisch. disclaims any and all liability, including maintenance, support, warranty, and indemnity obligations related to Beta Services.

2.7 Customers subscribed to an Enterprise plan may opt out of participating in Beta Services.

3. Customer Data

3.1 Tisch. may collect various types of data submitted by the Customer or its Users through the Service, or automatically gathered through usage. These categories include content data (e.g., questions, polls), event details, purchase and billing information, technical data, contact details, and any recordings of user interactions.

3.2 The Customer retains ownership of all Customer Data.

3.3 The Customer grants Tisch. a worldwide, non-exclusive, limited-term, royalty-free license to access, use, process, reproduce, distribute, display, and disclose Customer Data for the duration of the Services, solely for the following purposes:

(a) providing, maintaining, and improving the Services, including preventing or addressing issues related to service integrity, security, or technical support;

(b) any use expressly authorized by the Customer;

(d) satisfying legal processes, obligations, or defending legal claims.

3.4 Only anonymized and aggregated Customer Data may be used for improving the Services, with the exception that content data under Enterprise plans shall not be used for such purposes.

3.5 Customers can set privacy levels for their Events. If authentication is disabled, Event data becomes public. When authentication is enabled, Customer Data is only shared with the Customer, its authorized Users, Tisch. staff, subprocessors, and authorized service providers.

3.6 Tisch.’s handling of Customer Personal Data is subject to its Privacy Policy and Data Processing Addendum (DPA), both of which are incorporated into these Terms by reference.

3.7 Tisch. shall employ industry-standard measures to back up Customer Data.

3.8 Tisch. commits to implementing administrative, technical, and physical safeguards to protect Customer Data as outlined in the Security Appendix. Before transferring Customer Data to subprocessors or service providers, Tisch. will ensure these third parties adhere to reasonable standards for data protection. The Customer is responsible for securing data within its own systems and when using unencrypted connections to the Service.

4. Confidentiality

4.1 “Confidential Information” refers to any non-public information disclosed by one party to the other that is designated as confidential or should reasonably be understood as confidential given its nature or the circumstances of disclosure. This includes, but is not limited to, Customer Data, business practices, security documentation, product information, and third-party confidential data.

4.2 Confidential Information does not include information that:

(a) becomes publicly available through no fault of the receiving party;

(b) was lawfully known to the receiving party before disclosure;

(d) is independently developed without reference to the disclosing party’s Confidential Information.

4.3 The receiving party shall not disclose the disclosing party’s Confidential Information to any third party for a period of three (3) years from initial disclosure, except to those of its Representatives who need to know such information, provided those Representatives are bound by confidentiality obligations. Disclosure may also occur if required by law, provided the receiving party gives advance notice to the disclosing party where legally permissible.

4.4 The receiving party is responsible for any breach of confidentiality obligations by its Representatives.

4.5 The receiving party must take reasonable security measures, no less than the standard of reasonable care, to protect the disclosing party’s Confidential Information.

4.6 The receiving party agrees not to disclose, copy, summarize, or distribute Confidential Information except as permitted under these Terms or as necessary to perform its obligations.

4.7 The receiving party must notify the disclosing party without undue delay of any unauthorized disclosure or use of Confidential Information.

4.8 Upon request, the receiving party must return or securely delete all copies of the disclosing party’s Confidential Information, except for backups where deletion is not feasible, in which case such data will remain protected and deleted upon expiration of the backup retention period.

4.9 The parties agree that a breach of confidentiality may cause irreparable harm and that the disclosing party is entitled to seek injunctive relief in addition to any other remedies.

4.10 These confidentiality obligations do not prevent either party from independently developing products or services without using the other party’s Confidential Information.

4.11 All Confidential Information remains the property of the disclosing party. No license or right is granted except as expressly stated in these Terms.

4.12 The disclosing party does not guarantee the accuracy or completeness of Confidential Information unless otherwise specified in writing.

5. Customer Obligations and Warranties

5.1 The Customer shall ensure that all use of the Service by the Customer and its authorized Users, including organizers and participants, complies fully with these Terms. Where applicable, paid subscription plans may include additional settings for managing privacy and user participation.

5.2 The Customer warrants that it possesses full legal authority and capacity to enter into and fulfill its obligations under these Terms, and to authorize its representatives and Users to act on its behalf.

6. Authorised Use

6.1 The Customer shall provide accurate, complete, and current information to Tisch. as reasonably requested for the provision of the Services and shall make commercially reasonable efforts to keep such information up to date.

6.2 The Customer is responsible for all activities that occur under any account created by its organizers. The Customer must ensure that access credentials are kept confidential. If unauthorized access is suspected, the Customer shall notify Tisch. immediately. Organizers may not share, sell, or transfer their access credentials or create multiple accounts unless expressly permitted by Tisch.

6.3 The Customer shall ensure that its Users use the Service in compliance with applicable laws and regulations, including, without limitation, data protection, privacy, and export control laws.

6.4 The Customer shall ensure that neither it nor its Users:

(a) compromise the security or integrity of the Service or Underlying Systems;

(b) probe, scan, or test vulnerabilities or attempt to breach security measures;

(d) misuse the Service to interfere with other users’ experience;

(e) embed or display the Service on other websites without Tisch.’s prior written consent.

6.5 The Customer must not use the Service to collect from participants any sensitive personal data such as:

(a) social security numbers;

(b) driver’s license or passport numbers;

(d) payment card numbers or related security codes.

An exception applies if the Customer holds an Enterprise plan and a signed Business Associate Agreement (BAA) with Tisch. pursuant to HIPAA, allowing such data collection in strict compliance with the BAA and these Terms. Event names must not contain personal data.

6.6 The Customer must ensure that its submitted data:

(a) complies with all applicable laws and these Terms, including those relating to intellectual property, privacy, and content standards;

(b) does not constitute unauthorized advertising or solicitation;

6.7 The Customer must promptly notify Tisch. of any actual or alleged infringement in connection with the Service.

6.8 The Service may integrate with third-party features and websites ("Third Party Services"). If the Customer enables such integrations, it is responsible for providing required notices, obtaining necessary consents, and complying with Third Party Service terms and applicable laws. The Customer authorizes Tisch. to transfer data as needed to facilitate such integrations and assumes all associated risks and responsibilities.

7. Intellectual Property

7.1 The Customer acknowledges that all intellectual property rights in the Service, the Underlying Systems, and all related content, including but not limited to text, images, software, and HTML code, are and shall remain the exclusive property of Tisch. and its licensors. No rights, licenses, or interests are transferred to the Customer or its Users except as explicitly provided under these Terms.

7.2 The Customer shall not, and shall ensure that its Users do not:

(a) modify, enhance, or create derivative works based on the Service or any Underlying Systems;

(b) reverse engineer, decompile, or attempt to derive the source code of the Service or Underlying Systems;

(c) disclose, display, sell, license, or otherwise distribute Tisch.’s intellectual property without express written authorization;

(d) use Tisch.’s name, trademarks, or logos without Tisch.’s prior written consent.

8. Feedback

8.1 If any User provides Tisch. with feedback, suggestions, ideas, or recommendations related to the Service or Underlying Systems ("Feedback"), all intellectual property rights in such Feedback and any developments arising from it shall vest solely in Tisch.

8.2 The Customer agrees that Tisch. may use such Feedback without restriction or obligation for any purpose, including but not limited to the development, improvement, and promotion of its services, without any compensation or acknowledgment to the Customer or its Users.

9. Publicity

9.1 Unless the Customer expressly opts out by sending an email to support@Tisch.events, the Customer grants Tisch. the right to use and display the Customer’s name, logo, and any Feedback for marketing, promotional, and informational purposes, including on Tisch.’s website and in other marketing materials, solely in connection with the Customer’s use of the Service.

10. Consequences of Breach of Clauses 5, 6, or 7

10.1 Any breach by a User of the obligations set forth in clauses 5, 6, or 7 constitutes a material breach of these Terms. In response, Tisch. may, at its sole discretion and without liability:

(a) edit or remove the offending User's data;

(b) suspend or permanently revoke the User's access to the Service; and/or

with no obligation to refund any fees paid.

10.2 The Customer shall be liable for any damages or losses arising from the breach of clauses 5, 6, or 7 by the Customer or its Users. The Customer agrees to indemnify and hold harmless Tisch., its officers, directors, employees, and agents from any third-party claims, liabilities, damages, or expenses, including reasonable legal fees, resulting from such breaches.

10.3 The parties acknowledge that monetary damages may not constitute an adequate remedy for a breach of clauses 5, 6, or 7. Tisch. shall be entitled to seek injunctive or equitable relief in such cases, in addition to any other remedies available under law.

11. Tisch.’s Obligations and Warranties

11.1 Upon receipt of payment from the Customer in accordance with the applicable pricing plan, Tisch. grants the Customer a limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to access and use the Service and any applicable object code of the Components, subject to the terms and limitations of the selected plan.

11.2 Tisch. shall provide the Service in accordance with these Terms and in compliance with all applicable laws, including but not limited to those related to data protection, taxation, anti-bribery, anti-corruption, and anti-money laundering.

11.3 Tisch. warrants that it possesses the legal right and authority to provide the Service.

11.4 Tisch. further warrants that it has full power and authority to enter into and perform its obligations under these Terms.

12. Disclaimers and Limitations of Liability

12.1 Except as expressly stated in these Terms or in the Security Appendix, the Service is provided on an "as is" and "as available" basis.

12.2 Tisch. does not warrant the accuracy, completeness, or usefulness of any data submitted or generated through the Service.

12.3 Tisch. serves solely as a conduit for communications among Users and does not pre-screen Customer Data. All opinions and statements contained in such data are the sole responsibility of their respective authors.

12.4 Tisch. shall use commercially reasonable efforts to provide a secure, uninterrupted, and error-free Service, but makes no guarantees in this regard.

12.5 Tisch. does not guarantee compatibility of the Service with all operating systems, devices, or browsers, nor does it warrant that the Service will meet every User's specific needs.

12.6 Tisch. disclaims any liability for malfunctions resulting from misuse, user-side software or hardware, or the presence of malicious code on Customer systems.

12.7 The Customer is responsible for ensuring an adequate internet connection; Tisch. disclaims liability for issues resulting from insufficient connectivity.

12.8 Tisch. is not liable for the availability, performance, or content of any Third Party Services. Tisch. reserves the right to discontinue integrations with any third-party provider without compensation to Users.

12.9 Tisch. disclaims responsibility for disputes or interactions among Users, including Customers, organizers, and participants.

12.10 Except as expressly provided in these Terms, Tisch. disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. Where such disclaimers are not permitted by law, Tisch.'s liability shall be limited to either (a) re-supplying the Service, or (b) refunding fees paid.

12.11 Tisch.'s total aggregate liability for any claims related to the Service, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Customer in the twelve (12) months preceding the claim.

12.12 Tisch. shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenues, business, or data, even if advised of the possibility of such damages.

12.13 Nothing in these Terms shall limit liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be excluded under applicable law.

13. Fees and Payment

13.1 The Customer agrees to pay the applicable fees for the selected Service plan, as listed at Tisch.events/pricing or as otherwise agreed in writing with Tisch.

13.2 Tisch. reserves the right to amend its pricing at any time. Updated pricing will be published at Tisch.events/pricing.

13.3 The Customer may purchase the Service:

(a) online via credit or debit card; or

(b) by contacting Tisch. to receive an invoice, which must be paid by credit/debit card or bank transfer within fifteen (15) calendar days of the invoice date.

13.4 Tisch. does not accept cheque payments.

13.5 Fees must be paid in full prior to the Customer or its Users utilising the Service.

13.6 Tisch. reserves the right to charge interest on overdue payments and may suspend Services until all outstanding amounts are paid. Interest shall accrue from the due date until payment is made, at a rate of 8% per annum or the maximum lawful rate, whichever is lower.

13.7 Invoices will be sent via email in non-editable PDF format and are considered delivered unless explicitly rejected or bounced.

13.8 Payment processing is handled by Stripe. By using Stripe, the Customer or its organizer agrees to Stripe's terms of service.

13.9 Tisch. does not store payment card information.

13.10 If the Customer purchases the Service through a reseller, payment terms are governed by the Customer's agreement with that reseller. Tisch. may suspend or terminate access to the Service if the reseller fails to remit payment to Tisch., regardless of the Customer's direct payments to the reseller. Other terms of these Terms remain binding and unchanged.

14. Term, Changes, and Termination

14.1 These Terms take effect on the date the Customer or its organizer accepts them by registering an account on the Website or Mobile App ("Effective Date").

14.2 Tisch. may amend these Terms to reflect changes in its business or legal requirements. Notice of material changes will be provided via the Website or through direct communication to the Customer. The Customer may request email notifications of such changes by contacting legal@Tisch.events with the subject “Subscribe to Terms Changes Notifications.”

14.3 Continued use of the Service after the effective date of any updates constitutes acceptance of the revised Terms. If the Customer disagrees with any material changes, it may terminate the agreement by deleting its account, without prejudice to fees already incurred.

14.4 Free Service accounts continue until terminated. Paid plans have fixed terms as agreed during purchase. These Terms remain effective until expiration or termination of the Service.

14.5 Either party may terminate the Service immediately upon material breach by the other party, provided:

(a) the breach is incapable of remedy; or

(b) the breaching party fails to cure a remediable breach within fourteen (14) days after receiving written notice.

14.6 Tisch. may terminate the Service immediately if:

(a) the Customer fails to pay any undisputed amounts due;

(b) a regulatory or legal requirement necessitates suspension or termination of the Service; or

14.7 Either party may terminate the agreement without cause by giving at least one (1) month’s prior written notice. Notice shall take effect on the first calendar day of the month following the month of delivery. In such case, Tisch. will refund any unused portion of prepaid fees on a pro rata basis.

14.8 The Customer may terminate a free account at any time by deleting the account.

15. Notices

15.1 Legal notices to Tisch. shall be sent via email to legal@Tisch.com or to any alternative address specified by Tisch. for this purpose.

15.2 Unless otherwise specified by the Customer, Tisch. may deliver legal notices to the email address provided by the Customer’s organizer during account registration.

15.3 Notices are considered delivered when successfully transmitted unless expressly rejected or returned by the recipient server.

15.4 Communications by email satisfy any requirement for notices or agreements to be in writing, unless applicable law requires a different format.

16. Entire Agreement and Severance

16.1 These Terms, together with any issued invoice, constitute the entire agreement between Tisch. and the Customer concerning the subject matter hereof. They supersede all prior or contemporaneous understandings, agreements, communications, or representations, whether oral or written, including terms set out in purchase orders or vendor registration forms.

16.2 If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed to the extent necessary and shall not affect the validity or enforceability of the remaining provisions.

17. Assignment

17.1 Neither party may assign its rights or obligations under these Terms without the prior written consent of the other party, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, either party may assign its rights and obligations without consent:

(a) to a parent, affiliate, or successor entity holding more than fifty percent (50%) ownership;

(b) provided written notice of such assignment is given to the other party; and

(c) the assignee agrees in writing to assume all obligations under these Terms and has sufficient financial resources to do so.

17.2 Any attempted assignment in violation of this clause shall be void.

17.3 These Terms shall bind and benefit the parties and their permitted successors and assigns.

18. Third Party Rights

18.1 Except as expressly stated otherwise in these Terms, no provisions herein are intended to confer any rights or remedies upon any third party.

18.2 Neither party requires the consent of any third party to amend, vary, waive, or terminate these Terms.

19. No Waiver

19.1 No delay, omission, or failure by either party to enforce any right or provision under these Terms shall constitute a waiver of such right or provision.

19.2 A waiver shall only be effective if it is in writing and signed by the waiving party. No waiver of any specific breach shall constitute a waiver of any other breach, whether similar or dissimilar in nature.

19.3 The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

20. Force Majeure

20.1 Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure arises from a cause beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labour disputes, internet service failures, or other events that could not have been reasonably foreseen or avoided.

20.2 The affected party shall notify the other party promptly of the occurrence of such a force majeure event and shall use reasonable efforts to mitigate its effects. Performance of the affected obligation shall be suspended during the period of delay caused by such event.

21. Relationship Between the Parties

21.1 Nothing in these Terms shall be construed to create any partnership, joint venture, agency, fiduciary, or employment relationship between Tisch. and the Customer.

21.2 The relationship between the parties is solely that of an independent contractor and customer. Each party shall be solely responsible for its own obligations and liabilities under these Terms.

22. Survivability

22.1 Any provision of these Terms which by its nature and context is intended to survive termination or expiration shall remain in full force and effect. This includes, but is not limited to, provisions concerning confidentiality, intellectual property, limitations of liability, compliance with laws, and dispute resolution.

22.2 Such provisions shall continue to bind the parties to the extent permitted by applicable law, even after the termination or expiration of the Service or the contractual relationship between the parties.

23. Dispute Resolution, Jurisdiction, and Governing Law

23.1 In the event of a dispute arising out of or in connection with these Terms, the aggrieved party shall provide written notice to the other party describing the nature of the dispute in detail.

23.2 The parties shall first attempt to resolve the dispute through good faith negotiations between individuals with authority to settle the matter.

23.3 If the dispute cannot be resolved within sixty (60) days of notice, either party may initiate legal proceedings. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the United Kingdom.

23.4 These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of law principles.

23.5 Nothing in this clause shall prevent either party from seeking urgent injunctive or equitable relief where necessary