Terms of Service
A Product of Oxira · Effective Date: 3. Juli 2026
IMPORTANT NOTICE — PLEASE READ CAREFULLY. These Terms of Service constitute a legally binding agreement between you and Oxira. They govern all access to and use of the Eventbeat App platform, products, APIs, and related services. By registering for an account or accessing the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must immediately cease all use of the Service.
Eventbeat App is a product of Oxira. These Terms of Service (“Terms”) govern all access to and use of the Eventbeat App platform, including its websites, subdomains, dashboard interfaces, APIs, mobile applications, and all related services provided thereunder (collectively, the “Service”). These Terms apply to all users globally, including users located in the European Economic Area (“EEA”), the United Kingdom (“UK”), and other jurisdictions with specific consumer or data protection requirements. The Service is intended exclusively for business use (B2B). By registering, you represent that you are acting in a commercial or professional capacity, not as a consumer.
These Terms incorporate by reference the Eventbeat App Privacy Policy, Cookie Policy, Acceptable Use Policy, Data Processing Addendum (“DPA”), and any additional guidelines or policies published on the Eventbeat App website. In the event of conflict between these Terms and any incorporated documents, these Terms shall prevail unless explicitly stated otherwise.
I. Account
1. Eligibility
To access and use the Service, you must meet all of the following requirements:
- You are at least eighteen (18) years of age and have full legal capacity to enter into binding agreements under applicable law.
- You have completed the account registration process fully and truthfully.
- You have accepted these Terms and any incorporated policies.
- You have provided accurate, current, and complete contact, billing, and account information.
- You are acting in a commercial or professional capacity (not as a consumer within the meaning of applicable consumer protection laws).
- You are not located in, incorporated in, or a national of a jurisdiction subject to comprehensive trade embargoes or international sanctions administered by the United States Office of Foreign Assets Control (OFAC), the European Union, the United Nations, or equivalent authorities.
- You do not appear on any government list of prohibited, restricted, or sanctioned parties, including but not limited to the OFAC Specially Designated Nationals list, the EU Consolidated List of Persons Subject to Financial Sanctions, or equivalent.
- Your use of the Service will not violate any applicable laws, regulations, or third-party rights.
By using the Service, you represent and warrant on a continuing basis that you meet all of the above requirements. Eventbeat App reserves the right to refuse or restrict access, suspend or close accounts, or modify eligibility requirements at any time, without notice, and in its sole discretion. Access to the Service may be limited or unavailable in certain jurisdictions due to legal or regulatory requirements.
2. Term and Contract Formation
The agreement between you and Eventbeat App (Oxira) (the “Agreement”) is formed when you create an account and accept these Terms, or when you first access or use the Service, whichever occurs earlier. The Agreement remains in force until your account is closed by you or terminated by Eventbeat App in accordance with these Terms. If you register on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, and all references to “you” shall include both the individual and the entity.
3. Account Closure and Termination
Either party may terminate the Agreement at any time. You may close your account through the account settings in your dashboard or by contacting us at mail@oxira.one. Eventbeat App may suspend, restrict, or permanently close your account, with or without notice, if:
- You breach any provision of these Terms or any incorporated policy;
- Your account is involved in fraudulent, abusive, or illegal activity;
- You fail to make timely payment of fees due;
- Continued provision of the Service would expose Eventbeat App to legal, regulatory, or reputational risk;
- We are required to do so by applicable law, court order, or regulatory authority; or
- Eventbeat App discontinues the Service in whole or in part.
Refunds upon termination will only be issued where explicitly provided for in these Terms. Accounts that remain inactive for a continuous period of twenty-four (24) months may be closed by Eventbeat App, and all associated data — including AI entities, knowledge spaces, monitoring data, and account records — may be permanently deleted. Usernames cannot be reclaimed or reused after account termination.
4. Changes to These Terms
Eventbeat App reserves the right to modify, update, or replace these Terms at any time. Revised Terms will be published on the Eventbeat App website, and the effective date will be updated accordingly. Where required by applicable law — in particular in relation to users in the EEA or UK — material changes will be communicated to you by email with reasonable prior notice. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those revised Terms. If you do not agree to revised Terms, you must cease use of the Service and close your account prior to the effective date of the change. Eventbeat App may also modify, suspend, or permanently discontinue any feature or component of the Service at any time without liability.
5. Account Security
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your email address and password. You are responsible for all activities that occur under your account. You must immediately notify Eventbeat App of any unauthorized access to or use of your account, any suspected compromise of your credentials, or any security incident affecting your account. Eventbeat App cannot be held responsible for any loss or damage arising from unauthorized use of your account due to your failure to maintain adequate credential security. Eventbeat App cannot recover or reset your current password but can provide password reset instructions to your registered email address. You represent and warrant that all account information remains accurate and up to date at all times.
6. Account Disputes
Eventbeat App is not a party to any dispute between individuals or entities claiming ownership of or rights over an account. In the event of such a dispute, Eventbeat App will determine account ownership based solely on the contact and billing information on record. Eventbeat App may, at its sole discretion, suspend a disputed account until the parties independently resolve the matter. Eventbeat App shall not be liable for any loss or damage arising from such a dispute or resulting account suspension.
II. Payment and Billing
7. Service
Eventbeat App offers a range of plans, including trial, setup, and ongoing plans, with varying pricing, usage limits, and feature sets. Current pricing, plan descriptions, and included features are published on the Eventbeat App website and are incorporated into these Terms by reference. Usage limits may apply per plan, including limits on the number of AI entities, knowledge blocks, API calls, monitoring queries, and data retention periods. If you exceed the usage limits applicable to your plan, additional overage charges may apply and will be reflected on your next invoice. All such charges are due and payable by your next billing date.
Eventbeat App may issue additional service credits for extended or supplementary services. Such credits: (i) expire twelve (12) months from the date of issue; (ii) have no cash value and cannot be redeemed for money; (iii) are non-transferable; and (iv) are non-refundable. Credits cannot be applied retroactively to past invoices.
8. Free Trial Periods
Eventbeat App may offer a free trial period. Trial periods cannot be combined with other promotional offers. Upon expiration of the trial period, continued access to full Service functionality requires progression to the Setup phase and an active subscription. Eventbeat App reserves the right to modify, suspend, or discontinue trial offerings at any time and in its sole discretion.
9. Promotional Offers and Discounts
From time to time, Eventbeat App may offer introductory or promotional pricing, discounts, or special terms. Such offers are temporary, non-transferable, and subject to the specific conditions communicated at the time of the offer. Unless stated otherwise, promotional pricing automatically converts to the then-current standard plan rate upon expiration of the promotional period. Promotional offers have no cash value and may not be combined with other promotions. Accounts in violation of Eventbeat App's Acceptable Use Policy are not eligible for promotional offers.
10. Knowledge API Access
Eventbeat App provides access to your structured knowledge data via the Knowledge API (“API”). API access is included in active subscriptions at the access level specified in your plan. Additional API calls exceeding your plan limits are subject to overage fees as published on the Eventbeat App website. You may use the API solely in connection with the legitimate use of the Service and in accordance with Eventbeat App's API documentation and usage policies. Eventbeat App reserves the right to throttle or suspend API access for accounts that engage in excessive, abusive, or unauthorized usage.
11. Dashboard and Monitoring
Eventbeat App provides a live dashboard. Dashboard access requires an active paid subscription. Historical data retention periods vary by plan and are set out in your plan description. Eventbeat App makes no guarantee that historical data will be available indefinitely and is not liable for any data loss arising from plan changes, account inactivity, or system events.
12. Payment Methods and Authorization
You must provide a valid debit card, credit card, or other accepted payment method to subscribe to the Service. By providing payment details, you authorize Eventbeat App and its payment processors to charge all applicable fees — including recurring subscription fees, setup fees, overage charges, and applicable taxes — on the billing dates specified in your plan. You are solely responsible for keeping your payment information current and accurate. If your payment card expires, is lost or stolen, or is replaced, you must update your account immediately. If a payment processor automatically replaces your card on file, you authorize Eventbeat App to charge any such replacement card for all fees due. Eventbeat App may suspend or terminate your account if any payment cannot be successfully processed.
13. Refunds and Money-Back Guarantees
All fees paid to Eventbeat App are non-refundable except as explicitly stated in these Terms or as required by applicable mandatory law. Setup fees are non-refundable once work on your AI entity configuration has commenced, regardless of whether the Setup phase has been completed. Ongoing subscription fees may be subject to a limited money-back guarantee period, the terms and duration of which will be communicated at the time of purchase.
Notwithstanding the foregoing, and exclusively for users located in the European Union or United Kingdom, where applicable mandatory consumer or commercial law grants a statutory right of withdrawal or refund that cannot be contractually excluded, such statutory rights are preserved to the extent required by law. This applies only to the extent that you qualify as a “consumer” under such laws, which Eventbeat App does not expect to apply given the B2B nature of the Service.
14. Add-Ons and Supplementary Services
Eventbeat App may offer additional features, integrations, or services as paid add-ons, which are supplementary to your base subscription. Charges for add-ons will be clearly communicated prior to activation and will appear on your invoice. Some add-ons may require upfront payment. All add-ons are subject to the same terms as your base subscription unless explicitly stated otherwise.
15. Pricing Changes and Taxes
Eventbeat App reserves the right to adjust its pricing, billing structure, or fee schedules at any time by publishing updated pricing on its website. For existing subscribers, material pricing changes will be communicated via email with at least thirty (30) days' notice prior to taking effect. Continued use of the Service following the effective date of a pricing change constitutes acceptance of the revised pricing. If you do not agree to a pricing change, you must cancel your subscription before the effective date.
Stated fees do not include applicable taxes. You are solely responsible for all sales, value-added, goods and services, withholding, or other transaction-based taxes applicable to your use of the Service under the laws of any jurisdiction. Where Eventbeat App is legally required to collect taxes (including VAT, GST, or similar), such taxes will be added to your invoice and you agree to pay them. For EEA-based users, Eventbeat App will apply VAT in accordance with applicable EU VAT rules. If you are VAT-registered and entitled to a VAT exemption or reverse charge treatment, you must provide your valid VAT registration number at the time of purchase.
III. Privacy and Data Protection
16. Privacy and Data Controller Roles
Eventbeat App is committed to protecting the personal data of its users and their customers. Please refer to our Privacy Policy for a detailed description of how we collect, use, store, and safeguard personal data.
Eventbeat App acts in different capacities depending on the context of data processing:
- As a data processor (within the meaning of the GDPR and equivalent laws) when processing personal data on your behalf in connection with the delivery of the Service, including AI entity modeling, knowledge structuring, and API delivery.
- As a data controller (within the meaning of the GDPR and equivalent laws) when processing personal data for its own purposes, including account administration, billing, security, fraud prevention, legal compliance, and product improvement.
Where Eventbeat App processes personal data on your behalf as a processor, such processing is governed by the Data Processing Addendum (“DPA”), which forms part of these Terms and is incorporated herein by reference. If you are subject to the GDPR or equivalent data protection legislation and require a signed DPA, please contact us at mail@oxira.one. Eventbeat App implements appropriate technical and organizational measures (“TOMs”) designed to ensure a level of security appropriate to the risk, including encryption in transit and at rest, access controls, and regular security testing.
17. GDPR Compliance — EEA and UK Users
For users established in the European Economic Area, Switzerland, or the United Kingdom, the following additional provisions apply:
- Eventbeat App processes personal data in accordance with Regulation (EU) 2016/679 (the “GDPR”) and, where applicable, the UK GDPR as retained in UK law pursuant to the European Union (Withdrawal) Act 2018.
- Your rights as a data subject include the right of access, rectification, erasure (“right to be forgotten”), restriction of processing, data portability, and the right to object to certain processing activities. You may exercise these rights by contacting mail@oxira.one.
- Where personal data is transferred outside the EEA or UK to countries not recognized as providing an adequate level of data protection, Eventbeat App implements appropriate safeguards, including Standard Contractual Clauses (SCCs) approved by the European Commission or the UK ICO, as applicable.
- Eventbeat App maintains records of processing activities (“RoPA”) as required under Article 30 GDPR.
- Where required by law, Eventbeat App shall appoint a data protection officer (“DPO”) or representative and publish relevant contact details.
Eventbeat App's legal bases for processing personal data include: (i) performance of the contract with you; (ii) compliance with a legal obligation; (iii) legitimate interests pursued by Eventbeat App, where such interests are not overridden by your fundamental rights; and (iv) your consent, where required and given.
18. EU AI Act Compliance
Eventbeat App acknowledges the applicability of Regulation (EU) 2024/1689 on Artificial Intelligence (the “EU AI Act”) to the extent it applies to the Service. The Service is designed to assist users in managing how their company is represented by third-party AI systems. Eventbeat App does not operate AI systems that fall into the high-risk categories specified in Annex III of the EU AI Act in the context of the Service as delivered to you. Eventbeat App undertakes to maintain compliance with applicable obligations under the EU AI Act as they come into force and may update these Terms accordingly. You are solely responsible for ensuring that your own use of the Service and any AI outputs comply with the EU AI Act and any other applicable AI regulation.
19. Use of Aggregated Data
You agree that Eventbeat App may process, analyze, and aggregate data derived from your use of the Service for operational, statistical, and product development purposes, provided that such aggregated data is anonymized and cannot identify you, your company, or any individual. Eventbeat App will not sell, license, or otherwise disclose personally identifiable information or company-identifiable data to third parties for their own marketing purposes.
20. Security Incidents
Eventbeat App maintains an incident response process designed to detect, contain, and remediate security incidents affecting the Service. In the event of a personal data breach (as defined under the GDPR or applicable equivalent law) affecting your data, Eventbeat App will notify you without undue delay and, where required, within seventy-two (72) hours of becoming aware of the breach, to the extent that such notification is required by applicable law. Notification of a security incident does not constitute an admission of fault, negligence, or liability by Eventbeat App. Eventbeat App shall provide sufficient information to allow you to meet any notification obligations you may have under applicable law.
IV. Intellectual Property
21. Ownership of the Service
All intellectual property rights in and to the Service, including but not limited to software, algorithms, platform architecture, user interfaces, branding, trademarks, trade names, logos, service marks, documentation, and proprietary methodologies, are and remain the exclusive property of Oxira or its licensors. These Terms do not transfer any ownership interest in the Service or any underlying intellectual property to you. All rights not expressly granted herein are reserved by Oxira.
22. License to Use the Service
Subject to your compliance with these Terms and timely payment of all applicable fees, Eventbeat App grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes and in accordance with these Terms, applicable documentation, and any usage limits applicable to your plan. This license does not include any right to: (i) resell, sublicense, or distribute the Service to third parties; (ii) reproduce, copy, or derive works from any component of the Service; (iii) reverse engineer, decompile, or disassemble any part of the Service; or (iv) use the Service to build a competing product or service.
23. Your Content and Knowledge Data
You retain all intellectual property rights in the company information, knowledge content, and data you provide to Eventbeat App through the Service (“Your Content”). By submitting Your Content to the Service, you grant Eventbeat App a non-exclusive, worldwide, royalty-free license to process, store, transmit, and use Your Content solely as necessary to provide the Service to you and as otherwise permitted under these Terms and the Privacy Policy. You represent and warrant that: (i) you own or have the necessary rights to all Your Content; (ii) Your Content does not infringe, misappropriate, or violate any third-party intellectual property, privacy, or other rights; and (iii) Your Content is accurate and does not constitute misleading or deceptive material.
V. Acceptable Use
24. Permitted Use
The Service is provided exclusively for legitimate business purposes. You may only use the Service in accordance with these Terms, applicable laws, and any documentation or guidelines published by Eventbeat App.
25. Prohibited Activities
You agree not to use the Service to:
- Upload, submit, or distribute false, misleading, inaccurate, or deceptive company information in connection with AI entity profiles or knowledge structures.
- Manipulate third-party AI systems using fabricated, plagiarized, or fraudulent knowledge content.
- Distribute, transmit, or facilitate content that is unlawful, abusive, threatening, hateful, discriminatory, defamatory, obscene, or otherwise harmful to any person or entity.
- Engage in or facilitate any form of fraud, identity theft, phishing, scamming, or other deceptive practice.
- Violate the intellectual property, privacy, or other rights of any third party.
- Bypass, circumvent, or interfere with any authentication, access control, or security mechanism of the Service.
- Use the Service in a manner that places excessive or unreasonable demand on Eventbeat App's infrastructure, or that interferes with the operation of the Service for other users.
- Use the Service to collect or harvest data from Eventbeat App's platform without authorization.
- Use the Service to build, train, or enhance any AI or machine learning model that competes with the Service.
- Violate any applicable local, national, or international law or regulation, including data protection, anti-spam, export control, or financial regulations.
Eventbeat App may monitor usage of the Service for compliance with these Terms. Accounts found to be in violation of this Section may be suspended or terminated immediately and without prior notice, at Eventbeat App's sole discretion.
26. Abuse Reporting
If you become aware of any user engaging in conduct that violates these Terms or that is otherwise abusive or harmful, please report it to Eventbeat App immediately by email at mail@oxira.one. Eventbeat App will investigate reports in good faith but is under no obligation to take any specific action. Reports are treated confidentially to the extent permitted by law.
27. API and Infrastructure Usage
You may access and use Eventbeat App's infrastructure, including servers, APIs, storage systems, and the dashboard, solely in connection with your authorized use of the Service. Automated scripts, bots, or other means of accessing the Service outside the parameters of your plan (including excessive API calls, bulk scraping, or unauthorized data harvesting) are expressly prohibited. Eventbeat App reserves the right to throttle, rate-limit, or suspend API access or dashboard access for any account that Eventbeat App determines, in its sole discretion, is abusing Service resources.
28. Compliance with Applicable Law
You are solely responsible for ensuring that your use of the Service complies with all laws and regulations applicable to you in your jurisdiction, including but not limited to:
- Data protection and privacy laws, including the GDPR (EU), UK GDPR, CCPA (California), and any applicable national implementations or equivalent legislation;
- Artificial intelligence regulation, including the EU AI Act and applicable national AI guidelines;
- Intellectual property and trademark law;
- Export control, sanctions, and embargoes regulations (including those administered by OFAC, BIS, and EU authorities);
- Anti-bribery, anti-corruption, and financial crime laws;
- Consumer protection and advertising standards applicable in your jurisdiction.
Eventbeat App does not represent or warrant that the Service is appropriate or available for use in all jurisdictions and makes no representations as to whether any specific use of the Service complies with the laws of any particular jurisdiction. You use the Service at your own legal risk in this regard.
VI. Liability
29. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVENTBEAT APP (OXIRA LLC) EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (II) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR SECURITY OF THE SERVICE OR ANY OUTPUTS THEREOF; (III) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; AND (IV) WARRANTIES REGARDING THE BEHAVIOR, ACCURACY, OR AVAILABILITY OF THIRD-PARTY AI SYSTEMS THAT THE SERVICE IS DESIGNED TO INTERACT WITH.
Insofar as mandatory provisions of EU consumer protection law or equivalent national law apply to you and prohibit the exclusion of implied warranties, such exclusions apply only to the maximum extent permitted by law.
30. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVENTBEAT APP (OXIRA), ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
- Any indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, loss of goodwill, loss of AI visibility, business interruption, or reputational harm, even if Eventbeat App has been advised of the possibility of such damages;
- Any damages arising from unauthorized access to or alteration of your data, transmissions, or account;
- Any damages arising from third-party AI systems, third-party content, or third-party service providers integrated with or accessible through the Service;
- Any damages arising from your failure to maintain adequate account security or to comply with these Terms;
- Any damages arising from changes, interruptions, or discontinuation of the Service; or
- Any force majeure event as described in these Terms.
EVENTBEAT APP'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE — SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO EVENTBEAT APP IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT EVENTBEAT APP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LIABILITY.
For users located in the European Union or United Kingdom: nothing in these Terms shall limit or exclude liability for: (i) death or personal injury caused by Eventbeat App's gross negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability that cannot be excluded or limited under mandatory applicable law, including where you qualify as a consumer under EU or UK consumer protection legislation. To the extent that these mandatory protections apply, they are not affected by this clause.
31. Indemnification
You agree to indemnify, defend (at Eventbeat App's option), and hold harmless Eventbeat App (Oxira), its affiliates, subsidiaries, officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, demands, proceedings, damages, liabilities, losses, fines, penalties, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your access to or use of the Service in violation of these Terms or any applicable law or regulation;
- Your violation of any third-party right, including intellectual property rights, privacy rights, or rights arising under data protection law;
- Any content, data, or information you submit, transmit, or make available through the Service;
- Your breach of any representation or warranty made in these Terms;
- Any dispute between you and a third party arising out of your use of the Service; or
- Your gross negligence or willful misconduct.
Eventbeat App reserves the right to assume exclusive control and defense of any matter subject to indemnification by you, in which case you agree to cooperate fully with Eventbeat App in asserting any available defenses. You may not settle any claim subject to this indemnification without Eventbeat App's prior written consent.
VII. Governing Law and Dispute Resolution
32. Dual Governing Law Framework
These Terms are designed to operate across multiple legal jurisdictions. The applicable governing law depends on your place of establishment, as set out below. This dual framework is intended to ensure that users in both the United States and the European Union / United Kingdom are provided with a clear and appropriate legal regime.
33. Users Established in the United States
For users established in the United States of America, these Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Any dispute, claim, or controversy between you and Eventbeat App arising out of or relating to these Terms, the Privacy Policy, or the Service — including the existence, validity, interpretation, breach, or termination thereof, shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. Arbitration shall be conducted in English. The seat of arbitration shall be in Miami, Florida, USA. The arbitrator's decision shall be final, binding, and non-appealable, except as provided by applicable law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND EVENTBEAT APP WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE.
Notwithstanding the foregoing arbitration agreement, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction located in Miami-Dade County, Florida, USA, to prevent irreparable harm pending the resolution of a dispute by arbitration.
34. Users Established in the European Economic Area (EEA) or United Kingdom
For users established in a member state of the European Economic Area (EEA) or in the United Kingdom, these Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Any dispute, claim, or controversy between you and Eventbeat App arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany. Eventbeat App has chosen German law and Berlin courts as the forum for EU/EEA users in the interest of legal clarity; this choice does not limit any rights available to you under the mandatory consumer protection laws of your country of residence, where applicable.
For EEA-based users, the European Commission's Online Dispute Resolution (ODR) platform is available at https://ec.europa.eu/consumers/odr/. Eventbeat App is not obligated to and does not commit to participate in alternative dispute resolution proceedings before consumer arbitration boards, given the B2B nature of the Service. However, Eventbeat App will always seek to resolve disputes informally in good faith before pursuing formal legal proceedings.
For UK users, the governing law shall be that of England and Wales, and the courts of England and Wales shall have jurisdiction, without prejudice to any mandatory rights available to consumers under UK law.
35. Governing Law for Other Jurisdictions
For users established outside the United States, the EEA, and the United Kingdom, these Terms shall be governed by the laws of the State of Florida, USA. Eventbeat App and you agree to submit to the exclusive jurisdiction of the courts of Miami-Dade County, Florida, USA, for resolution of any disputes, subject to the mandatory arbitration provisions set forth in Section 33 above.
36. Informal Dispute Resolution
Before initiating any formal dispute resolution process (arbitration, litigation, or administrative complaint), both parties agree to attempt in good faith to resolve any dispute informally. The party wishing to initiate a dispute must send a written notice of dispute to the other party describing the nature of the dispute and the relief sought. The parties agree to make a genuine effort to resolve the matter within thirty (30) calendar days of receipt of such notice. This informal resolution requirement does not prevent either party from seeking emergency interim relief where necessary.
VIII. Final Provisions
37. Force Majeure
Eventbeat App shall not be liable for any delay, failure, or interruption in the performance of its obligations under these Terms caused by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, fires, floods, earthquakes, acts of war, terrorism, civil unrest, government actions or orders, changes in law or regulation, power failures, internet outages, cyberattacks, infrastructure failures of third-party providers, changes in the operation or availability of third-party AI systems, or labor disputes. In the event of a force majeure event, Eventbeat App's obligations are suspended for the duration of the event, and Eventbeat App will use commercially reasonable efforts to resume performance as soon as practicable.
38. Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be unlawful, void, unenforceable, or contrary to applicable mandatory law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or severed from these Terms where modification is not possible. The remainder of these Terms shall continue in full force and effect. Severance of any provision shall not affect the validity of any other provision.
39. No Waiver
Eventbeat App's failure or delay in exercising any right, power, or remedy under these Terms shall not constitute a waiver of that right, power, or remedy. Any waiver by Eventbeat App of any breach of these Terms shall not be construed as a waiver of any subsequent breach.
40. Assignment
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms, in whole or in part, without the prior written consent of Eventbeat App. Any purported assignment without such consent shall be null and void. Eventbeat App may freely assign or transfer these Terms and its rights and obligations hereunder, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets. These Terms shall be binding on and inure to the benefit of the parties and their respective permitted successors and assigns.
41. Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, Data Processing Addendum, and any other policies or documents expressly incorporated by reference herein, constitute the entire agreement between you and Eventbeat App regarding the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof. In the event of conflict between these Terms and any incorporated document, these Terms shall control unless the incorporated document explicitly states otherwise.
42. Headings and Interpretation
Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision. References to “including” shall be construed as “including without limitation.” References to “days” mean calendar days unless otherwise specified. References to applicable law include any subordinate legislation, regulations, and official guidance issued thereunder.
43. Language
These Terms are provided in the English language. Where a translated version of these Terms is made available for convenience, the English version shall prevail in the event of any inconsistency or conflict.
44. Notices
All formal notices, requests, demands, or other communications required or permitted under these Terms shall be in writing and delivered to Eventbeat App by email to mail@oxira.one or by post to the registered address of Oxira. Notices to you will be sent to the email address associated with your account or published on the Eventbeat App website. Notices are deemed received: (i) when sent, if by email with no delivery failure notification; or (ii) when delivered, if by post. You must keep your contact information in your account current and accurate at all times.
45. Contact Information
For questions, concerns, or notices regarding these Terms or the Service, please contact:
Legal: Eventbeat App (by Oxira)
Email: mail@oxira.one
Website: https://www.oxira.one