Tailor Event Terms and Conditions of Use

This contract is entered into between NITEADVISOR S.R.L., with registered office at Strada De Soraporta 16, 38036 San Giovanni di Fassa – Sèn Jan (TN), VAT no. 02676050228 ("Experia") and the party that registers on the Tailor Event platform ("Operator"), which declares that it is acting in the course of a business or professional activity. Consumer protection rules do not apply.

1. Definitions

"Platform": the Tailor Event software, the website, the apps, the APIs and the related services. "Generated Content": texts, images, videos, editorial plans, recommendations, messages and any other output produced by the Platform, including automatically, with or without the Operator's intervention. "Operator Materials": data, logos, photos, texts, videos, customer data and any other content uploaded or connected by the Operator. "Third-Party Channels": Meta (Facebook, Instagram, WhatsApp), TikTok, Google, Stripe and any other connected external platform. "Autopilot": the function that automatically generates, approves and schedules Generated Content within the limits set by the Operator. "Plan": the combination of features, quotas and fees chosen by the Operator.

2. Subject matter and nature of the service

Experia grants the Operator, for the duration of the contract, a non-exclusive and non-transferable licence to use the Platform as a tool to support its own communication, promotion, ticket sales and customer management.

The Platform is a software tool: Experia is not a communications agency, does not carry out editorial activity, does not provide legal, tax or marketing advice and does not guarantee any result (visibility, interactions, bookings, sales, revenue). Every decision on the use of Generated Content and on the conduct of the Operator's business rests with the Operator.

3. Registration and account

The Operator warrants the truthfulness of the data provided, that it is of legal age and that it has the power to bind the business on whose behalf it acts. It is responsible for safeguarding its credentials and for all activity carried out through its own account and those of the team members it invites, to whom these Terms apply. Experia may request verifications and suspend accounts with false or incomplete data. During the pre-launch phase, access is reserved for users enabled by Experia.

4. Operator Materials

The Operator represents and warrants that it is the owner or lawful licensee of all rights in the Operator Materials, that it has obtained every necessary consent and authorisation (including, for its customers' data, compliance with the legislation on data protection and on commercial communications), and that the Materials do not infringe the rights of third parties or any legal provisions.

The Operator grants Experia a free, non-exclusive, worldwide licence to use, reproduce, modify and process the Operator Materials, including through providers of artificial intelligence services, solely for the purpose of providing the service and for its duration.

5. Content Generated by artificial intelligence and the Operator's responsibility

5.1 The Operator acknowledges that Generated Content is produced by artificial intelligence systems, including third-party systems, on the basis of statistical data, and that it may prove to be inaccurate, incomplete, out of date, inappropriate, misleading, contrary to legal provisions or to the policies of Third-Party Channels, infringing of third-party rights (including copyright, trade marks, image rights, privacy) or similar to existing content; it may also contain incorrect dates, prices, names or information.

5.2 The Operator undertakes to examine, verify and, where necessary, correct all Generated Content before any use, approval, scheduling or publication, and assumes exclusive responsibility for it, as if it had created it personally. The Platform provides review and approval tools: using them is the Operator's responsibility.

5.3 By activating Autopilot or any automatic approval or publication function, the Operator approves in advance and in full the Generated Content produced within the limits it has configured, and assumes responsibility for it as if it had approved each item individually; it may deactivate these functions at any time.

5.4 Experia does not guarantee the originality, accuracy, lawfulness, fitness for a purpose or protectability of Generated Content and is not responsible for its content, its use or the consequences of its publication.

5.5 Generated Content bears a machine-readable marking indicating its artificial nature; the Platform offers the Operator tools to add a visible indication. The Operator, as the user of the content it publishes, is responsible for complying with the transparency obligations applicable to it pursuant to Regulation (EU) 2024/1689 and to the legislation on commercial communications, including indicating the artificial nature of content that realistically depicts persons, places or events.

5.6 Functions for automatic dialogue with the Operator's customers are identified as automatic; the Operator may not remove this identification.

6. Publication on Third-Party Channels

Publication, scheduling, reading of statistics, sending of messages and management of advertising campaigns take place on the Operator's accounts, with the authorisations it has granted, and are subject to the terms and policies of the Third-Party Channels, which the Operator declares that it knows and complies with.

Experia is not liable for refusals, removals, limitations, suspensions or closures of accounts, for changes to or interruptions of the interfaces of Third-Party Channels, for advertising costs charged by Third-Party Channels, or for any consequence arising from publication. The Operator may revoke the authorisations at any time; in that case the corresponding functions cease.

7. Plans, fees, quotas and Free plan

7.1 The features, quotas (events, campaigns, content, videos) and fees of each Plan are those indicated on the Platform at the time of subscription. Fees are charged in advance for each period through the payment provider; invoices are issued in electronic format. Failure to pay results in the suspension of the service 7 days after the reminder.

7.2 Unused quotas do not accumulate and do not give entitlement to a refund. Unless otherwise provided by law, fees for periods already started are non-refundable.

7.3 Experia may change fees and quotas with 30 days' notice; the Operator may withdraw before the change takes effect.

7.4 The Free Plan is free of charge and includes, on every visual content generated, the "Creato con Tailor Event" mark; the Operator accepts this inclusion as consideration for the free use and undertakes not to remove or obscure it. Experia may change or discontinue the Free Plan at any time with 30 days' notice.

7.5 In the event of a move to a lower Plan, the functions and quotas no longer included cease from the effective date; content already generated remains available within the limits of the new Plan.

8. Ticketing and tax obligations

Where the Operator uses the ticketing functions, it is the seller of the admission tickets, the holder of the proceeds and responsible for every tax, accounting and public security obligation and for every obligation towards buyers (including refunds and complaints), as well as for compliance with the rules on the sale of admission tickets.

Experia provides the technical tool, collects on its own account the service fees indicated on the Platform and operates the tax issuing functions within the limits and under the conditions of the authorisation measures in force, which are communicated on the Platform. The Operator accepts that, until such authorisations are granted, the tax issuing functions may be available only in test mode.

9. Exclusions and limitations of liability

9.1 The Platform is provided in the condition in which it is found, with due professional diligence, without any guarantee that it is free of errors or continuously available; Experia may suspend the service for maintenance, for security reasons or for causes attributable to third-party providers.

9.2 To the extent permitted by Article 1229 of the Italian Civil Code, Experia is not liable for indirect or consequential damage, loss of profit, loss of customers, reputational damage, loss or corruption of data recoverable from backups, or for damage arising from: Generated Content and its use; Operator Materials; Third-Party Channels; providers of artificial intelligence, hosting, payment or messaging services; use of the Platform by the Operator or its team; force majeure, cyber attacks not attributable to gross negligence on the part of Experia, measures taken by authorities.

9.3 In any event, Experia's total liability towards the Operator, on any basis whatsoever, shall not exceed the amount of the fees actually paid by the Operator in the 12 months preceding the event giving rise to the damage.

9.4 On pain of forfeiture, the Operator must notify any breach in writing within 30 days of becoming aware of it.

9.5 The exclusions do not apply in cases of wilful misconduct or gross negligence on the part of Experia or in cases where the law does not allow them to be agreed.

10. Indemnity

The Operator shall indemnify and hold harmless Experia, its directors, employees, partners and providers from any claim, damage, penalty, cost and expense (including legal fees) arising from: Generated Content used, approved or published by the Operator; Operator Materials; breach of these Terms, of legal provisions or of the policies of Third-Party Channels; processing of the data of the Operator's customers; ticketing activities and tax obligations; communications sent to customers through the Platform.

11. Intellectual property and learning

11.1 The Platform, the software, the models, the templates, the profile structures ("Venue DNA"), the trade marks and the documentation are and remain the property of Experia or its licensors.

11.2 In respect of Generated Content, Experia grants the Operator, to the extent that the law recognises rights in artificially generated content, a perpetual, non-exclusive, worldwide licence for its own commercial purposes; Experia does not guarantee that such content is protectable or exclusive.

11.3 Experia may use feedback, usage statistics and Generated Content in aggregated or pseudonymised form to improve the Platform, the templates and the recommendation systems; it does not transfer Operator Materials to third parties for the training of third-party artificial intelligence models. The Operator may object by writing to privacy@tailorevent.com.

11.4 It is prohibited to decompile, copy, resell or use the Platform to build competing products, or to generate content that is unlawful, misleading, discriminatory, harmful to third parties or contrary to the acceptable use policies of the artificial intelligence providers.

12. Suspension and termination

12.1 Experia may immediately suspend the account, in whole or in part, in the event of breach of these Terms, non-payment, abusive or dangerous use, unlawful content, requests from authorities or Third-Party Channels, or security risks.

12.2 Either party may withdraw with effect from the end of the current billing period; Experia may terminate the contract pursuant to Article 1456 of the Italian Civil Code in the cases referred to in point 12.1.

12.3 Upon termination, the Operator may export its data for 30 days; once that period has elapsed, Experia deletes or anonymises the data, without prejudice to statutory retention obligations. Content already published on Third-Party Channels remains subject to the policies of those channels.

13. Changes to the Terms

Experia may change these Terms with 30 days' notice by email or by notice on the Platform, indicating the changes. Changes required by legal provisions or by Third-Party Channels may take effect immediately. Continued use or the new acceptance requested at login constitutes acceptance; an Operator that does not wish to accept may withdraw without penalty before the changes take effect.

14. Data protection

Information on the processing of the Operator's personal data is in the Privacy Notice. For the data of the Operator's customers processed through the Platform, the Data Processing Agreement (Annex C.1) applies, which forms an integral part of these Terms.

15. General provisions

Communications by email to the account address or by PEC (certified email). The Operator may not assign the contract without written consent. The invalidity of a clause does not affect the others. Tolerance of a breach does not constitute a waiver. The contract is drawn up in Italian; any translations are for information purposes only.

16. Governing law and exclusive jurisdiction

The contract is governed by Italian law. The Court of Trento has exclusive jurisdiction over any dispute, to the exclusion of any other court.

Annex C.1: Data Processing Agreement (Article 28 GDPR)

1. Subject matter. Processing by Experia, as processor, of the personal data of the Operator's customers (contacts, messages, preferences, attendance, ticket purchases) for the provision of the customer engagement, messaging, ticketing and analysis functions.

2. Duration. That of the contract.

3. Instructions. Experia processes the data only on the documented instructions of the Operator, consisting of the functions of the Platform and the configurations it has set; it informs the Operator if an instruction infringes the legislation.

4. Confidentiality. Authorised and bound personnel.

5. Security. Measures under Article 32 GDPR described in the Notice; segregation by customer.

6. Sub-processors. General authorisation for the providers listed on the dedicated page; 15 days' notice of additions, with a right to object on reasonable grounds; equivalent obligations imposed by contract.

7. Transfers. Only with the safeguards of Articles 44-49.

8. Assistance. Experia assists the Operator with data subject requests (tools on the Platform) and with the obligations under Articles 32-36, notifying breaches without undue delay and in any event within 48 hours of discovery.

9. End of the service. Deletion or return in accordance with clause 12.3 of the Terms.

10. Audits. Experia makes available the information necessary to demonstrate compliance; audits on 30 days' notice, at the Operator's expense, no more than once a year, except in the event of breaches.

11. The Operator warrants that it is the lawful controller of the data, that it has provided the privacy notice and collected the necessary consents (in particular for commercial communications via WhatsApp, SMS and email) and indemnifies Experia against any claim arising from the breach of these obligations.