General Terms and Conditions (GTC) for the use of the ticket software "ditix"

Last updated: February 21, 2025
1. Scope of Application and Contractual Partners
(1) These General Terms and Conditions ("GTC") govern the use of the online ticket software "ditix" under the domains ditix.io, ditix.app, ditix.shop as well as diginights.com and their subdomains (together "Platform"). (2) The platform is operated by the diginights GmbH Ferdinand-Braun-Str. 17 74074 Heilbronn District Court of Stuttgart, HRB 751458 VAT number: DE297941216 E-mail: info@ditix.io (3) The Platform is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), associations, public corporations and other organisations ("Organisers"). Consumers within the meaning of § 13 BGB are excluded from use. (4) Deviating, conflicting or supplementary general terms and conditions of the organiser shall not become part of the contract, unless diginights GmbH expressly agrees to their validity in writing.
2. Subject of the contract / SaaS model
1) diginights GmbH provides the Organiser with a web-based Software-as-a-Service (SaaS) solution, with which the Organiser can, among other things:
  • create and manage events,
  • sell tickets and related products (physical or digital),
  • Manage orders and keep lists of participants,
  • can create and use floor and seating plans independently
(collectively, "Service" or "Ticketing Software"). (2) The organiser uses the software via a browser or via web interfaces and interfaces provided for this purpose. No software is installed locally at the organizer. (3) diginights GmbH only provides the technical infrastructure. The contractual partner of the ticket buyers is exclusively the organizer . diginights GmbH is neither an organizer nor a ticket provider in its own name, but a pure software service provider. (4) The organiser is responsible for providing its own terms and conditions, cancellation and refund regulations as well as all legally required information to its ticket buyers.
3. Conclusion of the contract
(1) By registering an account ("ditix account") and clicking on a button such as "Register", "Start now" or a comparable designation, the organiser makes an offer to conclude a user contract in accordance with these GTC. (2) The contract is concluded as soon as diginights GmbH activates the account or confirms access to the service in any other way. (3) diginights GmbH is entitled to refuse registration without giving reasons. (4) diginights GmbH may amend these T&Cs at any time with effect for the future. The organiser will be informed of any significant changes in text form. If the organizer does not object within 30 days of receipt of the change notification, the changes are deemed to have been accepted. This is referred to separately in the communication.
4. Usage Requirements and Account Security
(1) The Organiser warrants that all information provided during registration is correct and complete and will be updated immediately in the event of changes. (2) The organiser is obliged to keep access data (passwords, API keys, etc.) secret and to protect them from access by third parties. They are responsible for all activities that occur under their account. (3) diginights GmbH is entitled to temporarily block or permanently close an account if
  • the organizer violates these terms and conditions,
  • there is a suspicion of improper or fraudulent use,
  • due payments are not paid despite a reminder.
(4) The organiser shall inform diginights GmbH immediately if there is a suspicion that access data has been used without authorisation.
5. Payment processing (payment service provider)
(1) Payment processing between the organiser and the ticket buyer is carried out via external payment service providers (e.g. Stripe, PayPal). For this purpose, the organiser concludes its own contracts with the payment service providers and sets up an account there. (2) The ticket purchase takes place directly between the ticket buyer and the organizer. The money flows – minus any fees charged by the payment service provider – directly into the organiser's account with the respective payment service provider. (3) The use of the payment service providers is governed exclusively by their terms and conditions and data protection provisions. The organizer is obliged to read and accept them before accepting payments via the ticket software. (4) diginights GmbH assumes no liability for:
  • availability, functionality or errors of the payment service providers,
  • fees, chargebacks, chargebacks or other costs charged by the payment service provider;
  • Delays or defaults in payouts by the payment service provider.
  • Payment Account Restrictions
6. Tariffs and remuneration
6.1 Prepaid tariff
a) The organizer can top up his ditix account with ticket credits. A ticket credit entitles the holder to process a ticket (e.g. ticket sale, reservation or other billing-related process). b) Ticket credits are purchased in advance by a one-time payment. The minimum purchase quantity and the prices per ticket credit can be found in the applicable price list. These are clearly displayed via the slider during the charging process. Volume discounts can be granted. c) Unused ticket credits are non-cancellable and non-refundable. Repayment in money is excluded. This also applies in the event of non-use, termination of the contract or termination. d) Ticket credits can be used for all events within the ditix account. A transfer to other accounts is not possible.
6.2 Flat rate tariff a) In the flat rate tariff, the organiser can sell an unlimited number of tickets for all his events within his account via the ticket software. b) The monthly usage fee is € 990.00 net (plus statutory VAT). c) Minimum contract term of the flat rate is 12 months from the start of the contract. d) The flat rate tariff is automatically extended for a further 12 months if a different tariff has not been selected 4 weeks before expiry e) The flat rate is billed monthly in advance by credit card, direct debit or other payment method offered.
6.3 Pay-as-you-go rate (fallback) a) The pay-as-you-go tariff is automatically applied if:
  • the organiser does not have an active prepaid tariff or
  • the ticket credits in the prepaid fare have been used up and no timely recharge has been made.
b) In the pay-as-you-go tariff, a system fee is charged per ticket processed: the amount can be viewed transparently in the application under Organisation Tariff. c) Billing is done once a month by credit card, direct debit or other agreed means of payment.
6.4 General Remuneration Regulations (1) All prices are net plus the applicable statutory value added tax. (2) Fees of diginights GmbH are non-refundable, in particular not:
  • in the event of cancellation, postponement or change of events,
  • in case of no-show of guests,
  • in the event of technical or organizational problems for which the organizer is responsible.
(3) If the organiser is in arrears with payments, diginights GmbH is entitled to:
  • to charge default interest at the statutory rate (currently 9 percentage points above the base interest rate for entrepreneurs) and
  • block access to the ticketing software in whole or in part until all outstanding amounts have been settled.
c) Billing is done once a month by credit card, direct debit or other agreed means of payment.
7. Obligations of the organizer
The organiser undertakes in particular to:
  1. comply with all legal requirements for its events, products and services (including tax law, consumer protection, protection of minors, security and event law),
  2. inform ticket buyers about event conditions, rebookings, cancellations and refund rules themselves,
  3. to take over all communication with the ticket buyers themselves and not to refer ticket buyers to diginights GmbH in the event of any queries,
  4. to secure orders, reports and export data – if necessary – on their own responsibility and to archive them within the framework of the statutory retention periods,
  5. to update the relevant information in the ticket software immediately in the event of changes to events.
8. Data Protection and Data Processing Agreement (DPA)
(1) diginights GmbH processes personal data of the organizer in accordance with the applicable data protection declaration of ditix. (2) Insofar as diginights GmbH processes personal data of ticket buyers and event participants on behalf of the organiser within the framework of the ticket software, it acts as a processor within the meaning of Art. 28 GDPR. (3) The Data Processing Agreement (DPA) of ditix, which is an integral part of this contract, applies to this processing. (4) By agreeing to these GTC, the Organiser also accepts the GCU in the current version. The current GCU is available in the application and/or on the ditix website. (5) The organiser is responsible for data protection law vis-à-vis the ticket buyers. It ensures that there is a sufficient legal basis (e.g. consent, performance of a contract) for the processing of the personal data. (6) If the organiser exports data from the ticket software (e.g. B. CSV export, check-in app, connection to newsletter or CRM systems), he is solely responsible for using this data in accordance with the law.
9. Content of the organizer
(1) The organiser is solely responsible for all content (texts, images, videos, logos, event descriptions, prices, etc.) that he enters into the ticket software. (2) The Organiser warrants that its content:
  • do not violate the rights of third parties (in particular copyright, trademark or personal rights),
  • do not contain any criminal, discriminatory, pornographic, harmful to minors or otherwise inadmissible content,
  • are not misleading or anti-competitive.
(3) The organiser grants diginights GmbH a simple, non-transferable, spatially and temporally limited right of use to display and technically process the content within the scope of the provision of the ticket software (e.g. caching, thumbnails, search index). (4) diginights GmbH is entitled to block or remove content if there are concrete indications of a violation of the law or if complaints from third parties are received.
10. Availability, Maintenance and Changes to the Service
(1) diginights GmbH strives for a high availability of the service, but does not owe 100% availability. (2) Maintenance work, updates and adjustments may lead to short-term interruptions. As far as possible, plannable maintenance is carried out outside of typical peak times. (3) diginights GmbH is entitled to expand, change or discontinue functions of the ticket software, provided that this does not significantly impair the main performance obligations.
11. Liability
(1) diginights GmbH shall be liable without limitation for damages resulting from injury to life, limb or health that are based on a culpable breach of duty by diginights GmbH, its legal representatives or vicarious agents. (2) diginights GmbH is only liable for other damages in the event of intent and gross negligence. In the event of simple negligence, diginights GmbH is only liable in the event of a breach of a material contractual obligation (cardinal obligation). In this case, liability is limited to the foreseeable damage typical for the contract. (3) Further claims for damages against diginights GmbH / ditix – regardless of the legal basis – are excluded to the extent permitted by law. (4) Liability for lost profits, loss of revenue, lost ticket sales, indirect damages and consequential damages (e.g. damage to image or reputation) is excluded – to the extent permitted by law. (5) The liability of diginights GmbH is limited in amount to a total of € 100.00 per calendar year – with the exception of the cases pursuant to para. 1 – unless mandatory law prescribes further liability. (6) In particular, diginights GmbH shall not be liable for: failures or disruptions due to force majeure, official orders, power or internet failures, attacks on infrastructure or other circumstances for which it is not responsible,
  • misconfigurations or operating errors on the part of the organizer,
  • failures or errors of the payment service providers or external service providers.
12. Term and Termination of the User Agreement
(1) The contract for the use of the ticket software shall be concluded for an indefinite period of time, unless a minimum term has been agreed within the framework of a tariff (e.g. flat rate). (2) When used in the prepaid model (ticket credits), there is no ongoing contractual relationship that requires termination. In this case, the use ends automatically if no further ticket credits are purchased or used. A separate notice of termination is not required. (3) The termination of a single tariff (e.g. flat rate) shall not affect the framework user agreement, unless expressly agreed otherwise. (4) The right to extraordinary termination for good cause shall remain unaffected. An important reason exists in particular if
  • the organiser is repeatedly in arrears with payments despite a reminder,
  • the organiser is in breach of essential contractual obligations,
  • the organiser uses the ticket software improperly or unlawfully.
(5) At the end of the contract:
  • the organiser remains obliged to pay all fees accrued up to that point,
  • access to the system is blocked; Export functions may only be available for a limited time,
  • there is no entitlement to a refund of fees already paid or unused ticket credits.
13. Final Provisions
(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 (CISG). (2) The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the user relationship is – to the extent permitted by law – Heilbronn. (3) Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision. (4) Ancillary agreements, changes or additions to these GTC must be in text form. This also applies to the amendment of this text form requirement.