Terms of Service for the Evnyo platform - Professional version compliant with UK GDPR for European SMEs
Last updated: January 10, 2025
Evnyo is a Software-as-a-Service (SaaS) platform enabling small and medium-sized enterprises across Europe to manage their events, particularly by sending email and SMS invitations to their guests. Evnyo provides an online service accessible via the web, operating on a pay-per-event business model. Evnyo SAS, a French company with registered office in France (hereinafter "Evnyo" or "the Provider") acts as a technical service provider, offering invitation management and participant tracking tools.
These Terms of Service define the legal framework for use of the Evnyo platform by any Customer (professional event organiser using the platform). By creating an account or using Evnyo's services, the Customer accepts these Terms without reservation. No handwritten signature is required: online acceptance (by clicking during account creation or event registration) is sufficient to make the contract binding.
Important Notice: Evnyo is intended exclusively for business use in B2B or B2C activities. The Customer acknowledges that, consequently, consumer protection provisions (such as the 14-day cooling-off period under the Consumer Contracts Regulations 2013) do not apply. The Customer acts in a professional capacity for business purposes, not as a consumer within the meaning of UK consumer protection legislation.
For interpretation of these Terms, the following expressions shall have the meanings set out below:
These Terms define the rights and obligations of Evnyo and the Customer regarding platform use. They aim to strictly limit Evnyo's liability towards the Customer and third parties, and to require the Customer to comply with applicable laws (particularly data protection and electronic communications regulations).
Evnyo grants the Customer a right of access and use of the platform as a SaaS licence for the duration of this agreement and for events organised by the Customer via the platform. This right is non-exclusive, personal and may not be assigned to a third party without Evnyo's consent.
To use the Services, the Customer must create an account providing accurate and complete information (company name, responsible person's name, email address, etc.). The Customer is responsible for maintaining the confidentiality of login credentials. Any action performed via the account is deemed performed by the Customer. In case of unauthorised use of credentials, the Customer must immediately notify Evnyo.
Acceptance of these Terms and the Data Processing Agreement is required upon account creation or first event registration. Electronic acceptance has the same legal force as a handwritten signature. The Customer acknowledges that the Terms may be updated by Evnyo during the contract term, with prior notice. Continued use of Services after modification constitutes acceptance of updated Terms. Evnyo undertakes to inform the Customer of any material changes with reasonable notice (by email or platform notification), except in cases of legal urgency requiring immediate application.
Evnyo enables Customers to manage invitations for professional events. Key functionalities include:
The Customer undertakes to use the platform solely for legitimate event organisation purposes. Misuse of Services is prohibited. In particular, the Customer must not use Evnyo to:
Evnyo reserves the right to monitor compliance with authorised uses and suspend accounts without notice for unlawful or abusive use of Services. In urgent cases (e.g., platform use for unauthorised mass mailings or any use likely to engage Evnyo's liability), immediate suspension without notice may be implemented. Such suspension may be followed by contract termination for Customer breach and appropriate legal action, without prejudice to Evnyo's right to claim damages for harm suffered due to Customer breaches.
The Customer is solely responsible for the lawfulness of their contact database (Guests). By using Evnyo, the Customer undertakes to strictly comply with applicable email and SMS marketing laws, particularly the Privacy and Electronic Communications Regulations 2003 (PECR), Marketing and Advertising Guidance, and relevant ICO guidance. Specifically:
To prevent abuse and excessive unjustified mailings, Evnyo applies invitation volume limits per event. By default, Customers cannot send more than 150% of event capacity or places in invitations (email or SMS) via the platform. This ceiling prevents Customers from using the platform to contact excessive numbers unrelated to the actual event, which could constitute spam.
For example, if an event has capacity for 100 participants, the Customer may invite up to 150 contacts. If the Customer needs to invite more people (e.g., for unlimited capacity events or wide distribution), they must contact Evnyo to consider lifting this limit under controlled conditions. Evnyo reserves the right, at its sole discretion, either to block invitation sending beyond authorised thresholds or charge additional fees for excess sending (according to current pricing after Customer notification). For unauthorised limit breaches, Evnyo may suspend Services as per Article 4 and/or require payment for additional sends.
The Customer also undertakes not to artificially create multiple events or accounts to circumvent sending limits. Any detected circumvention will be considered serious breach.
The Customer warrants and shall indemnify Evnyo against all consequences (costs, judgments, fines, damages, legal fees, etc.) resulting from Customer breaches of legal and contractual obligations set out in these Terms. Particularly, the Customer shall fully bear any claims or proceedings from Guests, data protection authorities (e.g., ICO) or third parties, based on:
This indemnification clause survives termination of these Terms. Evnyo will promptly inform the Customer of any claims or actions received to enable the Customer to take position and assume defence, without prejudice to Evnyo's right to seek legal remedy for its own harm.
Evnyo undertakes to provide Services professionally and with best efforts. Evnyo will make reasonable efforts to ensure proper platform operation and availability within standard online service parameters. The Customer acknowledges that Services may occasionally be interrupted for maintenance, updates or technical problems beyond Evnyo's control. Evnyo will endeavour to schedule maintenance at appropriate times and notify Customers of planned interruptions where possible.
Evnyo shall not be liable for unavailability, slowdowns or Service malfunctions due to telecommunications networks or external suppliers (internet operators, hosting providers, email/SMS providers, etc.). Similarly, Evnyo is not responsible for disruptions attributable to force majeure or external causes (power failures, malicious attacks, natural disasters, authority orders, etc.).
In any event, should Evnyo's liability be engaged for Customer harm from Service use, damages recoverable by the Customer shall be strictly limited to amounts actually paid by the Customer to Evnyo for the relevant event or subscription (e.g., fees paid for the concerned event organisation). Evnyo shall not be liable for indirect or unforeseeable damages suffered by the Customer, nor for loss of profit, turnover, opportunities or reputational harm.
The Customer remains fully owner and responsible for data imported to the platform (guest lists, invitation content, event information, etc.). Evnyo acquires no proprietary rights over this data. As Data Controller, the Customer retains exclusive responsibility for lawfulness, quality and relevance of Guest personal data processed via Evnyo. Evnyo acts solely as technical custodian of this data on the Customer's behalf.
Evnyo shall not be liable for destruction, loss, alteration or accidental disclosure of Customer Data resulting from acts or omissions by the Customer or persons accessing Services via Customer credentials. The Customer is responsible for regular data backup extraction when such functionality is provided. Evnyo implements security measures to protect data (see Data Processing Agreement), but the Customer must take appropriate precautions (e.g., not sharing access credentials, exporting guest lists when needed, etc.).
Should the Customer use Evnyo to process personal data categories or for purposes other than those provided for in the Service (e.g., entering sensitive data or data unrelated to event organisation), this is at their own risk. Evnyo shall not be liable for consequences of such improper or non-compliant use. Evnyo is not intended to host sensitive data under UK GDPR (health data, political opinions, etc.) or confidential information unrelated to invitations.
Beyond expressly mentioned cases, Evnyo shall not be liable for any damage resulting from platform use or inability to use the platform, except in cases of proven gross negligence or intentional misconduct. The Customer acknowledges that Evnyo's pricing reflects this risk allocation and liability limitation.
Neither party shall be liable to the other for breaches or delays caused by force majeure as defined by law and case law.
This limitation shall not apply in cases of gross negligence, willful misconduct, personal data breaches, or breach of essential security obligations.
Personal data protection is central to Evnyo's concerns. The Parties undertake to comply with applicable regulations, particularly UK GDPR and the Data Protection Act 2018.
In platform use:
Additionally, Evnyo may process certain Customer data as separate Data Controller, particularly data necessary for managing the commercial relationship with the Customer (e.g., Customer contact person details, billing history). Such processing performed by Evnyo in its own name is described in Evnyo's Privacy Policy available at `/en/privacy`. This falls outside the Data Processing Agreement, which covers only processing performed by Evnyo *on behalf of* the Customer.
Evnyo provides a detailed Privacy Policy at `/en/privacy`, explaining data collected directly by Evnyo (e.g., during site navigation, account creation, cookies, etc.), processing purposes, data subject rights and protection measures in place. Customers are invited to review this to understand how Evnyo processes data beyond Guest data managed on the Customer's behalf.
The Privacy Policy forms part of Evnyo's contractual and legal ecosystem. It is consistent with these Terms and the Data Processing Agreement. For data management interpretation conflicts, refer to documents in this order: (1) Data Processing Agreement, (2) Terms of Service, (3) Privacy Policy.
In accordance with Article 28 UK GDPR, conditions under which Evnyo, as Data Processor, processes personal data on the Customer's behalf are defined in the Data Processing Agreement (Data Sub-Processing Addendum). The Agreement includes a table summarising processing characteristics (data nature, purposes, retention period, recipients) and Evnyo's commitments regarding security, confidentiality, data breach notification, etc.
The Agreement is incorporated by reference into these Terms. By accepting the Terms, the Customer also accepts the Agreement without separate signature required. The Agreement is accessible at `/en/dpa`.
Where provisions of the Terms conflict with Agreement provisions concerning personal data protection, Agreement provisions shall prevail.
These Terms take effect upon Customer acceptance during registration (or first Service use) and are concluded for indefinite duration. Each event organised via Evnyo is subject to individual billing (pay-per-event model) according to current rates accepted when ordering the event. The contract remains effective while the Customer maintains an active account or uses Services.
The Customer may cease using Services and request account closure at any time. Termination shall take effect according to conditions below. Any commenced services remain payable.
Either party may terminate the contract for serious breach by the other party, unremedied within 30 calendar days after written notice. However, for non-remediable breaches or serious Customer violations (e.g., manifest anti-spam law violations, unlawful platform use, system integrity breaches), Evnyo may immediately suspend Services (see Article 4) and/or terminate the contract without notice or compensation, without prejudice to damages claims.
Upon termination for any reason, the Customer remains bound by Terms provisions that by nature survive (such as liability, indemnification, data protection, confidentiality clauses).
After account closure or contract end, Evnyo will delete or return Customer data (including Guest data) in accordance with the Data Processing Agreement (see Data Fate clause in the Agreement).
Evnyo reserves the right to modify these Terms to adapt to legal, regulatory, technological developments or add new Service functionalities. Customers will be informed of material modifications with at least 30 days' notice before implementation, by email and/or platform notification. During this period, Customers refusing new conditions may terminate the contract and close accounts without penalty. After this period, new Terms become applicable and binding on Customers continuing Service use.
Purely administrative or legal modifications with no negative effect on Customer rights (e.g., compliance with new legislation) may apply immediately. Evnyo encourages Customers to regularly consult the Terms page.
These Terms are governed by French law, subject to mandatory provisions of English law that apply due to the Customer's establishment or residence in the UK (particularly in the area of data protection under UK GDPR). The Customer acknowledges that, as a business customer, these Terms are not subject to UK consumer protection legislation.
For disputes regarding validity, interpretation or performance hereof, Parties will attempt amicable resolution. Failing amicable agreement within reasonable time, disputes shall be subject to exclusive jurisdiction of French courts, save mandatory English jurisdiction rules.
Each Party accepts, in performance hereof, electronic communications as admissible evidence (emails, connection logs, system records) and generally any computer record from Evnyo concerning platform operations, absent contrary evidence from the Customer.
Entire Agreement: These Terms, including referenced Data Processing Agreement and Privacy Policy, constitute the entire agreement between Evnyo and the Customer regarding Service use. They replace any prior agreement or communication, written or oral, on the same subject.
Severability: If any clause herein is declared void or unenforceable by competent authority, it shall be deemed unwritten but shall not affect validity of other provisions. Parties will negotiate in good faith to substitute the invalid clause with a valid clause reflecting original intention.
No Waiver: Evnyo's failure to enforce any Terms provision or Customer breach at any time shall not be interpreted as definitive waiver of that right.
Assignment: The contract may not be assigned or transferred by the Customer to a third party, wholly or partially, without Evnyo's prior written authorisation. Evnyo may assign the contract (e.g., in restructuring, business transfer or merger) provided it informs the Customer. For assignment to a Customer competitor, the Customer may terminate without compensation.
Contact: For questions regarding the Terms, Data Processing Agreement or Services, Customers may contact Evnyo at hello@evnyo.com or via their customer area. For specific data protection questions, contact our data protection officer at privacy@evnyo.com. Official notifications must be made in writing, preferably by email with electronic acknowledgment, or by recorded delivery if required.
Company information: MACK, French limited liability company with share capital of €246,389.00, registered office APPARTEMENT 6 2 ALL SAINT MICHEL 59890 QUESNOY SUR DEULE, Lille Métropole Trade and Companies Register 852 895 747, SIRET 85289574700032.
Last updated: [Date] Governing law: French law (with mandatory English provisions) Jurisdiction: French courts (save mandatory English rules)