Terms of Use for Organizers — ByteHiker

1. Provider and scope

These Terms of Use govern organizers’ use of the ByteHiker platform.

The service provider is:

Bytehiker UG (haftungsbeschränkt)
Pepperstr. 3
44329 Dortmund, Germany
Commercial register: Dortmund Local Court, HRB 38870
Email: info@bytehiker.de

Hereinafter referred to as “ByteHiker”.

The service is intended exclusively for businesses acting in their commercial or professional capacity within the meaning of Section 14 of the German Civil Code (BGB), legal entities governed by public law, and special funds governed by public law. Use by consumers is not covered by these terms.

Individually negotiated agreements take precedence over these Terms of Use.

2. Registration and formation of the agreement

Creating an organizer account is free of charge. The agreement is formed when the organizer accepts these Terms of Use and ByteHiker confirms registration by making the account available.

The person registering must be authorized to act on behalf of the named organizer. Organization, contact and billing information must be complete and accurate and must be updated when it changes.

Free registration alone does not constitute an order for paid services. Paid services require separate activation based on prices presented and accepted beforehand.

3. ByteHiker services

ByteHiker provides a technical platform for organizing and supporting events. Depending on the activated service scope, this may include:

• Event management and online registration;
• Ticket sales and ticket delivery;
• Integration with payment service providers;
• Booking and participant management;
• Event-related communications;
• Check-in and recording the provision of additional items and services;
• Reports and exports;
• Mobile features for participants and event staff.

The specific services owed are determined by the service description agreed upon at activation and any supplementary agreements.

App, map, location and tracking features are available only where included in the agreed offering and enabled for the relevant event.

4. Responsibility for events

The organizer remains responsible for the events they offer. The agreement for event participation is concluded between the organizer and the person making the booking.

Providing the platform does not make ByteHiker the event organizer or a party to the event participation agreement.

The organizer is responsible in particular for:

• The accuracy of event descriptions, prices and participant information;
• Organizing and safely delivering the event;
• Obtaining necessary permits and insurance;
• Providing the required legal information and terms to participants;
• Handling questions, complaints, cancellations and refunds;
• Meeting their own tax and statutory obligations.

ByteHiker’s responsibility for its own contractual services remains unaffected.

5. Account access and permitted use

The organizer must protect account credentials against unauthorized use and assign staff access according to their duties and permissions.

Suspected compromised credentials or unauthorized access must be reported to ByteHiker without undue delay.

Prohibited activities include unlawful content, unauthorized access to third-party data, distributing malicious software, sending unlawful promotional messages, and actions that impair the security or operation of the platform.

Security testing that could affect live operations must be coordinated with ByteHiker in advance.

6. Prices and activation of paid services

Paid services are subject to the prices presented to and accepted by the organizer before activation, or to an individually agreed quotation.

Before an event is opened for sale, the applicable prices are presented for acceptance. If other paid features can be used beforehand, their prices must be accepted before the first chargeable use.

The pricing agreement specifies in particular:

• The services charged for and the billing units;
• Fixed and percentage-based fees;
• Included allowances and additional usage charges;
• Any minimum or maximum amounts;
• Applicable tax treatment;
• How cancellations and refunds affect platform fees.

The accepted pricing agreement will remain accessible to the organizer or will be provided in a form that can be saved.

Changes to a publicly displayed price list do not automatically change previously agreed prices. Changes to existing pricing agreements require agreement between the parties.

7. Invoicing and payment

Unless otherwise agreed, usage-based services are billed monthly. Invoices are provided electronically and are payable without deduction within 14 days of receipt.

Any minimum invoicing thresholds and the carry-forward of smaller billing amounts to later periods are governed by the accepted pricing agreement.

Questions or objections concerning an invoice may be sent to info@bytehiker.de. Statutory objections and rights remain unaffected.

The statutory provisions apply to late payment.

8. Payment service providers and participant payments

The organizer may connect supported payment service providers to process participant payments. Use of these services is also governed by the relevant agreements between the organizer and the payment service provider.

The organizer is responsible for obtaining the required activation and verification of their payment accounts.

ByteHiker supports the technical processing of payments. Under this offering, ByteHiker does not receive participant funds into its own custody.

Payment service provider fees are separate from ByteHiker platform fees. Chargebacks, payment disputes and refunds are handled under the applicable payment service provider agreement. ByteHiker supports these processes where corresponding platform features are available.

9. Content and communications

The organizer retains their rights to uploaded content, including logos, images, text and route data.

The organizer grants ByteHiker the usage rights necessary to provide the agreed services. These include storing, technically processing and displaying content to the intended users, and sending messages as instructed.

The organizer must ensure that they hold the necessary rights and may lawfully use the content and recipient data.

Promotional communications must meet the applicable legal requirements. Unsubscribe requests and objections must be respected. Providing a messaging feature does not replace the organizer’s responsibility to check these requirements.

10. Data protection and processing on behalf of the organizer

Both parties must comply with the data protection rules applicable to them.

Where ByteHiker processes personal data on behalf of the organizer, the parties must conclude a data processing agreement under Article 28 GDPR before that processing begins. This agreement specifies, in particular, instructions, security measures, subprocessors, and the return and deletion of data.

The organizer is responsible for the lawfulness of their processing and for providing the required information to participants and staff. This applies in particular to event-related communications and location and tracking features.

Where ByteHiker processes data as an independent controller, particularly to administer the contractual relationship, ByteHiker’s applicable privacy notices apply.

The Privacy Policy provides information about data processing. Making it available does not replace any separate consent that may be required.

11. Mobile features, navigation and assistance

The organizer determines which information and features are made available for their events. Staff access is governed by assigned permissions.

The availability of mobile features may depend on factors including the device, operating system, permissions, internet connection and location reception.

Maps, route displays, tracking and assistance information support event organization. They do not replace necessary safety measures, emergency response plans or public emergency services.

Providing these features does not constitute a commitment to continuously monitor participants or automatically alert emergency services.

12. Operation, maintenance and support

ByteHiker provides the agreed services with reasonable professional care and takes appropriate measures to maintain secure and reliable operation.

Maintenance and security updates may require temporary restrictions. Planned work with a material impact will, where possible, be announced in advance and scheduled during periods of lower usage.

Faults may be reported through the available support channels or to info@bytehiker.de.

Specific availability percentages, guaranteed response times or continuous on-call support apply only where expressly agreed. Statutory rights arising from service failures remain unaffected.

13. Restrictions and suspension

ByteHiker may temporarily restrict access or individual features where necessary and proportionate, particularly in cases of specific security threats, unlawful use or material breaches of the agreement.

For overdue payments, restrictions may be imposed following a payment reminder, a reasonable additional payment period and advance notice.

Unless immediate action is necessary, the organizer will have an opportunity to clarify the situation or remedy the cause. When determining the nature and extent of a restriction, ByteHiker will consider ongoing events and participants’ legitimate interests.

A restriction may initially affect individual administration features. More extensive suspension may also affect sales and app access where sufficient grounds exist.

ByteHiker will explain the reason and scope of the measure where legally permitted and where doing so would not undermine a security measure. Once the grounds no longer apply, the restriction will be lifted promptly.

14. Duration and termination

The agreement for the free organizer account continues for an indefinite period. The organizer may terminate it at any time in text form, including by email.

Activated paid services are subject to their agreed durations and termination arrangements. Terminating the account does not automatically cancel participant bookings or refund platform fees already incurred.

ByteHiker may terminate the free account agreement with 30 days’ notice. Services already bindingly agreed remain unaffected unless separate termination is permitted.

Both parties retain the right to terminate for good cause without notice.

Before termination takes effect, the organizer will have a reasonable opportunity to retrieve their data through available export features or by arrangement with ByteHiker. Statutory obligations concerning data delivery and retention remain unaffected. The handling of personal data after termination is additionally governed by the data processing agreement.

15. Liability

ByteHiker has unlimited liability for intentional misconduct and gross negligence, for culpable injury to life, body or health, and under mandatory statutory liability provisions.

In cases of ordinary negligence, ByteHiker is liable for a breach of a material contractual obligation. Material obligations are those whose fulfilment makes proper performance of the agreement possible and on whose fulfilment the organizer may regularly rely. In these cases, liability is limited to the foreseeable damage typical of the agreement at the time it was concluded.

Otherwise, liability for ordinary negligence is excluded.

Express guarantees and mandatory statutory claims, particularly under the German Product Liability Act and the GDPR, remain unaffected.

These provisions also apply for the benefit of ByteHiker’s legal representatives and persons engaged to perform its contractual obligations.

16. Changes to these terms

ByteHiker will publish amended terms with a separate version identifier.

Where changes are intended to apply to existing agreements, they will be communicated to the organizer and presented for express acceptance. Silence or continued use alone does not constitute acceptance.

Until an amendment becomes effective, the previous terms continue to apply. Statutory and contractually agreed termination rights remain unaffected.

Changes to privacy notices will be communicated separately where required. Such changes do not, by themselves, amend the agreed services or prices.

17. Final provisions

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

Where the organizer is a merchant within the meaning of German commercial law, a legal entity governed by public law or a special fund governed by public law, Dortmund is the exclusive place of jurisdiction. Mandatory statutory jurisdiction rules remain unaffected.

If any provision is invalid, its treatment is governed by the applicable statutory provisions. The remaining provisions remain unaffected.