LEGAL DOCUMENTS

1. PRIVACY POLICY - back to top

1.1. INTRODUCTION

1.1.1.
nyxapp.net (and all subdomains such as, but not limited to, customer.nyxapp.net, www.nyxapp.net, tickets.nyxapp.net, signup.nyxapp.net and members.nyxapp.net) is a website ("Website") through which members of Nyx Systems (hereinafter referred to as "Nyx") offer a full-featured nightclub management suite, which is marketed under the brand Nyx. The various parts of Nyx are made available via the Website and via apps, that can be accessed by the Customers through use of a designated User ID and a password. Additionally, the Customer's client's (hereinafter referred to as "Members") may access the services offered by the Customer via a Nyx app that allows them to make bookings, purchase tickets, etc. Anyone accessing the Website, Nyx or a Nyx app is referred to herein as a User.

1.1.2.
Complimentary use of the Website does not require a User to submit any personal information. Businesses who sign up as Subscribers to all or parts of Nyx' nightclub management suite, as well as those of their employees (jointly referred to as Users) who shall have access to the nightclub management suite, need to submit certain information in order to be granted access to the restricted parts of nyxapp.net and/or to Nyx' apps. Most of the information that needs to be submitted will be company and business information. However, some personal information needs to be submitted, incl. e.g. name, title, phone number and email of Users and Subscriber's designated contact person or system administrator as well as their employees to the extent applicable for use of all features of the nightclub management suite.

1.1.3.
Similarly, the Customer's clients, who wish to become Members and Members who wish to make bookings, purchase tickets etc. via a Nyx service need to submit certain personal information in order to be granted access, incl. e.g. name, phone number, date of birth, email and potentially social media profile(s).

1.1.4.
This Policy (together with our Terms of Use, the Disclaimer, the Terms of Subscription, and any other document referred to in it) sets out the basis on which any personal data we collect from Users or Users provide to us, will be processed and stored by us.

1.1.5.
This Policy applies to Nyx' Websites, to Nyx and to Nyx' mobile applications (the apps).

1.1.6.
We take Users' privacy seriously and provide this Policy to inform Users of our practices with respect to how we collect/receive, use, store and protect personal information about visitors to and Users of our Websites and apps.

Personal information is information that makes an individual personally identifiable like a User's name, email address, phone number, mailing address, etc.

By using this Website and the apps, User consents to the terms described in this Policy.

1.1.7.
This Policy may be amended by Nyx from time to time without notice to Users. Users can review the current version of the Policy on legal.nyxapp.net.

1.1.8.
Only the English version of the privacy policy (the "Policy") is legally binding. Translations – if any - have been provided purely for User's convenience. In the event of discrepancy between a translation and the English version, the English version shall prevail.

1.2. INFORMATION ABOUT US

1.2.1.
Nyx ApS is registered in Denmark under company number 36201215. The address of our registered office and principal place of business is Artillerivej 86, 2300 Copenhagen S, Denmark.

1.2.2.
In most instances Nyx will be the data processor in respect of personal information, while Subscriber or User will be the data controllers. However, for certain types of personal information, Nyx may be the responsible data controller.

1.3. INFORMATION COLLECTION

1.3.1.
Nyx may collect and process the following personal data about Users of the Website, Nyx and/or the Nyx apps:

• Information that Users provide by filling in forms on the Website, Nyx or the apps. This includes information provided at the time of registering to use our Website, Nyx or apps, signing up as a Subscriber to our service, posting material or requesting further services or when User's apply for Memberships of any of the Subscribers, or when Members do bookings, purchase tickets, etc. via the Nyx apps. We may also ask a User for information when a User reports a problem with our Website or apps;
• A record of any correspondence with User;
• Details of which services User is interested in;
• Details of User's visits to our Website and apps including, but not limited to traffic data, location data, web logs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that User accesses;
• Information on whether User has opened and clicked on certain content in our emails sent to User;
• Information about User's computer, including where available User's IP address, operating system, browser type and device ID, for system administration and to report aggregate information to our Subscribers or advertisers; and information obtained from cookies. Please read further under Cookie Policy. This information does not necessarily enable us to personally identify a User.

1.3.2.
Nyx does not require Users to enter any personal information in order to make searches on the open parts of Nyx' Websites, Nyx or the apps, nor when being transferred to third-party websites.

1.3.3.
When a Subscriber registers as a Subscriber to Nyx or when a User registers as a User of our services, including by way of application for Membership with any of the Subscribers, we collect or request Subscribers and Users to provide information about the Subscriber and/or the User such as:

• Subscriber's and/or User's name, phone number, email address, physical address, date of birth and social media handles/usernames;
• Details of User's visits to our Website and apps including, but not limited to traffic data, location data, web logs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that User accesses;
• If User chooses to log in using any social media or third party login provider, including but not limited to Log in with Facebook (https://developers.facebook.com/products/login), Sign in with Google (https://developers.google.com/identity/gsi/web/guides/overview), Sign in with Apple (https://support.apple.com/en-us/HT210318) or Log in with TikTok (https://developers.tiktok.com/doc/login-kit-web/) if applicable, User is permitting Nyx to use and store information related to User's profile, allowing Nyx to make use of any social media features on our Website, in Nyx and/or in the Nyx apps. The social media provider may send us information in line with their policies which may include User's name, email address, profile picture, application- or service-specific User ID, date of birth and any other information approved for sharing by User during authorization with any such service. If User wishes to revoke consent for use of their social media or third party login service, User can contact Nyx to remove any such integration and associated data via customer@nyxapp.net.

1.3.4.
It is stated expressly on our Website, in Nyx and/or in the Nyx apps whether the data requested by us is mandatory or not.

1.4. INFORMATION USE

1.4.1.
The purposes of the processing of User's personal information are as follows:

• administer the Website, Nyx and the Nyx apps;
• to enable User's access to and use of the Website, Nyx and/or the Nyx apps and to verify User's authorization to access certain features of the Website, Nyx and/or the Nyx apps;
• Subscriber's and User's name, phone number, email address, and position;
• to fulfil User's requests for services from Nyx and/or from the Subscribers, including to communicate with Users where they have contacted Nyx and/or the Subscribers;
• to personalize and customize the content and relevant services data that Users are offered;
• to optimize and personalize User's visits by remembering location and language configurations as well as previous searches;
• to contact User, e.g. if User has subscribed to a newsletter or permitted Nyx to do direct marketing;
• send User marketing communications;
• to improve our services;
• to provide reporting to Subscribers.

1.4.2.
In order for Nyx to best protect any personal information, Nyx will on an ongoing basis evaluate the risk that our data processing may adversely affect User's fundamental rights. In particular, we are conscious of the risk of ID theft or discrimination, or that User suffers an economical loss, damage to reputation or loss of data privacy.

1.4.3.
To the extent that the use of the Website, Nyx and/or the Nyx apps requires our processing of sensitive personal information, biometric data, or information about criminal records, Nyx will conduct an analysis of the consequences of the data processing to User's privacy. Such analysis will be conducted prior to our collection of personal information about User.

1.4.4.
Nyx collects, processes and stores only such personal information as is relevant, necessary and sufficient in relation to fulfillment of Nyx' regulatory or contractual duties and obligations or which the Subscribers require as part of their use of the Website, Nyx or the Nyx Apps. Accordingly, our systems are designed to collect only such personal information, which is necessary for the intended purpose or other permitted use. Furthermore, our systems are designed to ensure that processing of collected personal information is as limited as possible, and that the time of storage of such data is as short as possible. Nyx may also consider whether the type of personal information submitted by a User may be used in an anonymized or pseudonymized form, provided such use does not adversely affect Nyx' ability to meet its contractual or regulatory obligations.

1.4.5.
It is User's responsibility to submit such personal information as is required for use of the services made available via the Website, Nyx and/or the Nyx apps, and to ensure that personal information submitted to us is correct and complete. Nyx reserves the right to check the accuracy, integrity and completeness of personal information submitted to us by a User.

1.5. INFORMATION SHARING, RETENTION AND DISCLOSURE

1.5.1.
Nyx will not sell User's Personal Data to third parties, except in the event of a sale of Nyx' business. Nyx shares data about User in the following situations:

• to provide the services User has requested including, without limitation services data, and data of services from third parties such as:
  • suppliers
  • third party vendors
  • business partners
  • referring websites
  • subsidiaries
  • where required by law
  • or when we have User's permission

1.5.2.
Also, Nyx shares data about Users under the following circumstances:

• Nyx may use third-party vendors (e.g. data centers, data processors, data storages and web-hotels) to assist us in providing our services and may transfer User's personally identifiable information to such vendors who have entered into a contract with us that protects the confidentiality of User's personal information and permits the vendor to use it only as necessary to fulfil its contract with Nyx.
• We may disclose User's personal information for any of the purposes mentioned above to any member of the Nyx Group, which includes our subsidiaries, our ultimate holding company and its subsidiaries. This also includes entities which we may acquire as part of an acquisition at a future date.
• In response to subpoenas, court orders, or legal processes, or to establish or exercise our legal rights or defend against legal claims.
• When we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Nyx' Terms of Use or Nyx' Subscription Agreements, or as otherwise required by law.

1.5.3.
Any personal data about Users retained by Nyx (where Nyx is the Data Controller) will be removed after 10 years of inactivity. Activity is defined as any one of situations where:

• User has registered as a member or employee with a Subscriber via Nyx;
• User has purchased a ticket via Nyx (including tickets at no cost) for an event hosted by a Subscriber;
• User has used ("swiped") a Perk provided by a Subscriber via Nyx;
• User has edited their personal data (their profile information) from within the Application or Website;
• User has logged into any of Nyx' Application for iOS or Android (or any part of our Website);
• User has any of their Nyx memberships or tickets registered as used ("scanned") by a Subscriber;
• User has reacted to ("read") a notification sent to them from within the Application or Website;
• User has any employment-related activity in Nyx, including shift assignment or contract signature with a Subscriber;
• User has subscribed or resubscribed to promotional marketing with a Subscriber via services provided by Nyx;

1.6. DATA STORAGE

1.6.1.
All personal information that User provides to us is stored on secure ISO/IEC approved third-party servers where Nyx has purchased server storage capacity. At present we have servers located within the EAA (European Economic Area). The personal information that we collect from User may be transferred to and stored at a destination outside the European Economic Area ("EEA"). The transfer may be to any other member of the Nyx Group, to Subscribers, or to other third parties as set out in this Policy. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers, as well as by staff of our Subscribers operating outside the EEA. By submitting User's personal information, User agrees to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that User's personal information is treated securely and in accordance with this Policy. With respect to Users' personal information provided to us via the Users' profiles on Facebook, Google+ or other social networks, Nyx has no responsibility for storage of personally identifiable information by such social network providers.

1.6.2.
We may be required by law, to hold User's personal information in a specific location dependent upon the location from which User will access the Website, Nyx or the Nyx apps. Regardless of the location in which User's personal information is stored we will take adequate measures to protect the security of User's personal information. These countries may have different and/or less string-ent privacy/data protection and data security rules than those of User's own country. As a result, User's personal information may be subject to access requests from governments, courts, or law enforcement in those countries according to the laws in those countries.

1.7. LINKS TO THIRD PARTY SITES

1.7.1.
Nyx provides links to third party websites and apps, e.g. after a search, and may provide referrals to certain third parties' products or services. If User chooses to visit a third party's web-site or use its products or services through any link provided by Nyx, please be aware that this Policy will not govern User's activities and any information that User discloses to such third parties. We strongly encourage User to read the privacy policies of the third-party websites and apps that User visits. We are not in any way responsible for the content of the websites and apps that we provide links to, nor are we responsible for their collection, processing and storage of Users' personal information.

1.8. CONFIDENTIALITY & SECURITY

1.8.1.
We limit access to personal information about User to employees who we believe have a legitimate need to come into contact with that information to provide services to User or in order to do their jobs. Nyx will take reasonable technical and organizational measures to prevent loss, misuse, alteration, unauthorized access or disclosure of User's personal information. While no website or app can guarantee full security, we have implemented appropriate organizational, technical, and physical security procedures to help protect User's personal information. We also use encryption when transmitting personal information that is sensitive to User between User's systems and ours.

1.9. COMMUNITY – INFORMATION SHARING AMONG NYX' USERS

1.9.1.
If User chooses to include personally identifiable information in User's comments, open text fields, or other areas of the Website or the apps intended for public viewing, other users will be able to view and use this information. We recommend against posting Users' email address and other personally identifiable information in this manner unless User is comfortable with the possibility of receiving unwanted contact.

10. ACCESSING, REVIEWING, DELETING AND CHANGING USER'S PERSONAL INFORMATION

1.10.1.
We will offer User the ability to access, review and change certain personal information via the member portal at members.nyxapp.net or in the Nyx apps. Nyx will delete personal information when it is no longer required for the purpose for which it was collected or when requested by the relevant Users. Furthermore, upon User's request, we will deactivate User's or its representative's' personal profile, and remove User's or its representative's' personal information from active service. User's profile will be deactivated or blocked as soon as reasonably possible based on User's activity. We will retain in our files and databases some personal information to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, Disclaimer and/or a Subscription Agreement, comply with legal requirements as permitted by law, and as part of our standard server backup services. Therefore, User should not expect that all of their personal information will be completely removed from our databases in response to User's request. User can request for their data to be removed by emailing customer@nyxapp.net from the email address associated with their Nyx account.

1.11. USER'S RIGHTS

1.11.1.
Users are entitled at any time to get information of which personal data we possess and process about them, where the personal information originates from, and what Nyx uses it for. Furthermore, User is entitled to be informed of how long we will possess the personal information, and information of who gets User's personal information to the extent that we share the information with others. However, Nyx is not responsible for who gets access to User's personal information that has been made available by the Users to the Subscribers, e.g. in connection with an application for a Membership to a Subscriber, as that is a matter solely between the relevant User and the relevant Subscriber. Users rights may be restricted to the extent required for the protection of other individual's personal information, protection of any business secrets or protection of any intellectual property rights.

1.11.2.
Upon termination of a Subscription Agreement with Nyx, Subscriber is entitled to receive a copy of any personal information transferred to us. Such copy will be provided in digital readable form.

1.11.3.
Users are entitled to have any incorrect personal information that Nyx holds about them corrected or deleted. Nyx may require Users to present proper identification (such as government issued ID) to process such requests.

1.11.4.
Users may at any time request that we delete the personal information that we possess about them. The aforesaid notwithstanding, Nyx is permitted to keep such personal information as long as it is required in order for Nyx to meet its contractual or legal obligations, and as part of our standard server backup services.

1.11.5.
User is entitled to object to our use of personal information about User, including our sharing of personal information for marketing purposes. To the extent that User wishes to object to a Subscriber's use of personal information about User, including for marketing purposes, that is a matter solely between the relevant User and the relevant Subscriber for which Nyx has no responsibility.

1.11.6.
User is entitled to receive a copy of any personal information that we possess about User. User is furthermore entitled to request that we transfer the personal information that we hold to another data processing provider (data portability) in the event that Subscriber decides to terminate the Subscription Agreement with Nyx of if a User decides to terminate his/her Membership of a Subscriber.

1.12. CHANGES TO THIS PRIVACY POLICY

1.12.1.
Nyx may update this Policy from time to time. We will notify Users about significant changes in the way we treat personal information by sending a notice to the email address specified in User's Nyx profile or by placing a notice on our Website.

1.13. COOKIES

1.13.1.
When using the Website, the Website sets and accesses cookies on your computer. For further details, see our Cookie Policy, which is available here on this Website.

1.14. LAW & VENUE

1.14.1.
This Policy shall be governed by and construed exclusively under Danish law without regard to the conflicts of law rules of Denmark or any other jurisdiction and any dispute between a User and Nyx arising out of this Policy which cannot be settled amicably shall be subject to the sole and exclusive jurisdiction of the District Court of Copenhagen, Denmark, subject to normal appeal under applicable Danish law.

1.15. CONTACT

1.15.1.
For any questions about this Policy, please contact us on: E-mail: customer@nyxapp.net or Tel.: +45 6127 4239.

1.16. USER'S CONSENT

1.16.1.
Subscribers who provide personal information about the employees and/or their Members are responsible for informing their employees and Members that the Subscriber has entered into a Subscription Agreement with Nyx. User is further aware that to the extent that a Subscriber wishes to provide its employees with access to the services available via Nyx' Website, Nyx and the Nyx apps, the Subscription Agreement requires User or User's employer to submit certain corporate and business information to Nyx, as well as certain personal information in respect of the designated Users and representatives of Users. User hereby consents to Nyx' collection of such personal information about User as is required for the purpose of the Subscription Agreement and for the use of the Website, Nyx and the Nyx apps and the services made available through these.

1.16.2.
Where User uses Facebook Login or Google+ Sign-in for accessing nyxapp.net, User is permitting Nyx to use and store information related to those profiles, allowing us to make use of any social media features on our Website or apps.

1.16.3.
User is further informed and consents to that Nyx may share User's personal information with third parties, as set out in clause 1.5.1 and clause 1.5.2 above.

1.16.4.
User is aware and consent to that Nyx and its Subscribers may use User's personal information for the purpose of conducting marketing activities towards User, including newsletters.

1.16.5.
These consents have been given of User's own free will, and User may revoke his/her consent at any time.

Nyx Systems - Privacy Policy
Rev. 3, April 2022

2. COOKIE POLICY - back to top

2.1. INTRODUCTION

2.1.1.
nyxapp.net (and all subdomains such as, but not limited to, customer.nyxapp.net, www.nyxapp.net, tickets.nyxapp.net, signup.nyxapp.net) is a website ("Website") through which members of the Nyx Systems Group (hereinafter referred to as "Nyx") offer a full-featured nightclub management suite, which is marketed under the brand Nyx. The various parts of Nyx are made available via the Website and via apps, that can be accessed by the Customers through use of a designated User ID and a password. Additionally, the Customer's client's (hereinafter referred to as "Members") may access the services offered by the Customer via a Nyx app that allows them to make bookings, purchase tickets, etc. Anyone accessing the Website, Nyx or a Nyx app is referred to herein as a User.

2.1.2.
Only the English version of the cookie policy (the "Policy") is legally binding. Translations – if any - have been provided purely for User's convenience. In the event of discrepancy between a translation and the English version, the English version shall prevail.

2.1.3.
This Policy (together with our Privacy Policy) sets out the basis on which any personal data we collect from Users or Users provide to us, will be processed by us.

2.1.4.
This Policy applies to the Nyx Website, to Nyx and/or mobile applications (the apps) in the different markets in which Nyx ApS ("Nyx"quot;) operates. By using this Website and/or apps User consents to the terms described in this Policy.

2.1.5.
This Policy may be amended by Nyx from time to time without notice to Users. Users can review the most current version of the Policy on legal.nyxapp.net.

2.2. ACCEPTANCE OF COOKIES

2.2.1.
The Nyx Website, Nyx and/or the Nyx apps use cookies and other data files (collectively referred to as "Cookies") covered by the EU E-privacy Directive.

2.2.2.
First time User visits one of Nyx' Website, Nyx and/or the Nyx apps, User will be notified that we use cookies, and asked to accept our use of cookies. If User does not wish to allow our use of cookies on User's computers or other devices used to access the Website, Nyx and/or Nyx apps, User may reject our request. However, please note that if User deletes or rejects/blocks cookies, User's access to Website, Nyx and/or Nyx apps may be more or less limited, or the functionality at the Website and/or apps may be insufficient or not functioning at all.

2.3. WHAT IS A COOKIE?

2.3.1.
A cookie is a small amount of data in the form of a very small text file that Nyx transfer to User's browser and that only Nyx' servers can read. Each and every cookie is unique and comprised of the name of the website that created it and a one-of-a-kind string of digits and letters.

2.3.2.
The vast majority of websites and apps place cookies on User's device's hard drive (computer, mobile phone or tablet) as User browses them. They do this through User's web browser – for example, Google Chrome, Internet Explorer, Safari or Firefox. A cookie is only readable and retrievable by the website that created it and different websites are not able to share information through cookies.

2.3.3.
Some cookies ("session cookies") only last for the duration of User's visit. These session cookies disappear from User's computer or mobile device when User closes his/her browser. Other cookies stay on User's computer or mobile device after User's browser has closed and last for a specified amount of time. These "persistent cookies" are activated each time User visits the site that generated them.

2.3.4.
When User visits the Website, Nyx and/or Nyx apps, the cookie captures specific session data to streamline User's experience. You could say cookies are like a website's "memories" of User, helping it recall how User has navigated around its pages, and the choices User has made along the way. A website that remembers User is much easier and faster to navigate than one that does not. That's why most of the websites use cookies. Cookies do not contain personal information and User cannot be personally identified from a cookie. However, if a User selects to save his/her user-name and password, the Nyx Website, Nyx and/or Nyx apps will save this information in a cookie so that User will not be required to sign in each time User visits the Website and/or apps.

2.4. ARE COOKIES DANGEROUS?

2.4.1.
Cookies are small and simple strings of characters known as text files. Unlike computer viruses, cookies are not computer programs as they do not com-prise codes. This means cookies are incapable of harming User's device, e.g. by spreading viruses, and they cannot read User's personal information.

2.5. DOES NYX SELL COOKIE DATA TO THIRD PARTIES?

2.5.1.
Placing our Users first has always been a fundamental guiding principle of what we do. Accordingly, Nyx does not sell User's data to a third party, except in the event of a third party's acquisition of Nyx' entire business. This includes information connected to our cookies. However, Nyx may allow other companies that show advertisements or offer Products or Services on some of our Websites, Nyx and/or Nyx apps to set and access their cookies on User's computer. Other companies' use of their cookies is subject to their privacy policies, not this one. Other companies do not have access to Nyx' cookies.

2.6. HOW DOES NYX USE COOKIES?

2.6.1.
When User uses one of our Websites, Nyx and/or Nyx apps, the following 4 categories of cookies may be set on User's device:

1. Strictly necessary
   These cookies are essential for User to move around our Websites, Nyx and/or Nyx apps, and use their features. Without these cookies our Services won't work properly.
   These cookies do not gather information about User's that could be used for marketing or recording where User has been on the internet.
2. Functionality
   These cookies allow our Websites, Nyx and/or Nyx apps to remember User's choices and preferences. They enable us to provide User with enhanced and personalized features. These cookies can also be used to remember changes User's has made to text size, fonts and other parts of our Websites that User can customize via User's browser. These cookies do not collect any information that could identify User personally. They do not gather any information about User that could be used to sell advertising or remember where User has been on the internet.
3. Performance
   In order to keep Nyx' Websites, Nyx and/or Nyx apps easy to use, relevant and up-to-date, we use web analytics services to help us understand how people use our Website and/or apps. Web analytics data and cookies cannot be used to identify User as they never contain personal information. They are used solely for our own statistical purposes. We generally use independent measurement and research companies to collect these statistics for us. In such cases, these cookies may be set by a third party company (third party cookies).
4. Targeting
   We also use cookies to assist in targeted advertising. These cookies are used to show User ads containing own and third parties products and services, and prices, and new features and functionality on the Websites, Nyx and/or Nyx apps we believe User will be interested in. User may see these same ads while using a website other than Nyx'. We tailor our ad-campaigns with relevant content because we want to inspire User in identifying and ordering User's preferred products and services and in order to inform User of new features and functionality that will enhance User's experience when using the Website, Nyx and/or Nyx apps. Although these cookies can track User's visits around the web, they don't know who User is. These cookies do not collect any sensitive personal information about User. We also include links to social networks like Facebook, Twitter and Instagram. These sites may subsequently use information about User's visit to a Nyx Website, Nyx and/or Nyx apps to target User with ads on their websites.

2.7. HOW CAN USER MANAGE COOKIES?

2.7.1.
User can decide whether to accept or delete all Cookies, or to control Cookies individually for each Website and/or apps. User can also block the use of Cookies completely. For precise information on how to manage cookies via User's browser, please visit the browser's "Help" section.

2.7.2.
Most browsers will allow User to:

• See what cookies User has or are set on User's device(s) and delete them individually
• Block third party cookies
• Block cookies from particular sites
• Block cookies entirely
• Delete all cookies when User closes their browser

2.7.3.
Please remember that any changes User makes to User's cookies settings will apply to all websites that User visits, not just Nyx' (unless User chooses to block cookies from a particular site only).

2.7.4.
Please note that, if User deletes or blocks cookies, User's access to Nyx' Websites, Nyx and/or Nyx apps may be more or less limited, or the functionality of the Website, Nyx and/or Nyx apps may be insufficient or not functioning at all. Therefore, Nyx requires User to have cookies enabled to access certain portions of the Website, Nyx and/or Nyx apps.

2.8. LAW & VENUE

2.8.1.
This Policy shall be governed by and construed exclusively under Danish law without regard to the conflicts of law rules of Denmark or any other jurisdiction and any dispute between a User and Nyx arising out of this Policy which cannot be settled amicably shall be subject to the sole and exclusive jurisdiction of the District Court of Copenhagen, Denmark, subject to normal appeal under applicable Danish law.

2.9. CONTACT

2.9.1.
For any questions about this Policy or how our cookies work, please contact us on: E-mail: customer@nyxapp.net or Tel.: +45 6127 4239.

Nyx Systems - Cookie Policy
Rev. 2, August 2021

3. STATEMENT OF CONSENT TO COLLECTION, PROCESSING, STORAGE AND EXCHANGE OF PERSONAL DATA - back to top

Collection, processing and storage of personal data

I am informed that my employer and/or the nightclub to which I am a Member or apply to become a Member, as applicable (hereinafter referred to as the "Customer") has entered into a Subscription Agreement with Nyx about the use of Nyx' nightclub management system, which is made available via Nyx' Website and/or its apps (the software components are referred to herein as the Application), for management of nightclubs.

I am also informed that use of the Application is based on the Customer's and the employees' and the Member's self-service via Nyx' Website and/or its apps. In order to use the Application, it is required that I and/or the Customer transfer/submit such personal information as is required in order to use it and for it to function according to its purpose.

The categories of information that is normally collected, processed and stored are listed under Nyx Data Privacy Policy, which I have acquainted myself with. I hereby give my consent to the Customer's and my transfer to and Nyx' collection, processing and storage of those of my personal data, which are collected from the Customer, myself, Members, and from possible third parties, whom I have permitted to transfer personal data about myself. My consent includes such personal data as is required for the Customer's and my use of the Application. I further give my consent to Nyx' compilation of data collected from various sources for analytical use etc. of my use of the Application and for possible offers to me of other services, which Nyx deems may be of relevance to me.

Exchange of personal information with third parties

I am informed that the Application is made available to me through Nyx' use of third party servers and databases for operation of the Application and for data storage, and that in connection with use of the Application my personal data may be exchanged with such third party servers and databases both within and, if applicable, outside EU. I am also informed that when using the Application, my personal data may be exchanged between the Application and the Customer.

I am further informed that to the extent Nyx delivers user-support to the Customer via third-party supporters, or to the extent that Customer elects to receive user-support from others than Nyx regarding the use of the Application, Nyx or the Customer may grant such third parties access to the Application and the information that has been transferred to or processed or stored via the Application, including personal data about myself. I hereby give my consent to the exchange described above of my personal data in connection with the Customers and my use of the Application, and in connection with any third-party support. I further accept that the transfer of personal data to third-parties - as described above - is a matter between myself and the Customer and/or the relevant third-party, and that it is therefore of no relevance to and without any liability for Nyx.

Addition of supplementary services

Third-party apps
I am aware that the Application has been coded with a so-called open API ("Application Programming Interface"), which makes it possible for third parties to develop apps (software-solutions) that can offer supplementary services, and which can communicate with the Application's API, including exchange of data across the software programs, so that the Customer and I, in addition to the functionality that are available via the Application, may elect to also use functionality available via such other third-party apps.

I hereby give my consent that to the extent I decide to install and use such third-party apps, automatic transfer may take place from the Application to the third-party provider of the app of my personal data which Nyx has received via the Application, regardless of whether the third-party is located within or outside EU, and that Nyx is without any responsibility or liability for the relevant third-party app providers processing and storage of such personal data after it has been transferred, as, upon my acceptance of a third-party's app, an independent relation is established between me and the third party provider of such app.

Newsletters and/or News magazines
I am informed that if I subscribe to Nyx' or the Customers' newsletters and/or news magazines, I give my consent to that Nyx registers the personal information that I myself provide, including my e-mail address, preferences with regard to topics of interest, etc.
I am informed that when I register as a Member with a Customer I agree to receive promotional material from the given Customer, either directly or through third-party apps/services, by phone, SMS, e-mail, mail, push or any other method the Customer wishes to use for distribution of said material. I am also informed of and hereby give my consent that in addition to the use of such personal information for automatic distribution to me of Nyx' and/or the Customers' newsletters and/or news magazines, such personal information may also be used for marketing towards me, e.g. of offers from the Customer, new functionality within the Application, which I may use, information of new partners that Nyx or the Customer has entered into agreements with, or information of new third-party apps that have been developed to communicate with the Application, and which may offer additional functionality.

Consent and withdrawal of consent

This consent has been given by me freely, and I may at any time withdraw my consent.
I am informed that whole or partial withdrawal of my consent may affect my use of the Application or render it impossible to use.

Nyx Systems - Statement of Consent
Rev. 2, August 2021

4. DISCLAIMER - back to top

4.1. INTRODUCTION

4.1.1.
Only the English version of the disclaimer (the "Disclaimer") is legally binding. Translations – if any - have been provided purely for User's convenience. In the event of discrepancy between a translation and the English version, the English version shall prevail.

4.2. DEFINITIONS

4.2.1.
The Definitions used in the Terms of Use and in the Terms of Subscription shall, unless otherwise defined herein, apply to this Disclaimer.

4.2.2.
Any reference herein to Nyx shall include any and all of its Affiliates, owners, directors, officers, employees, agents and consultants, except that this shall not constitute an undertaking that any of Nyx or its Affiliates, owners, directors, officers, employees, agents or consultants shall be held jointly or severally liable for the obligations and liabilities of each other.

4.3. DISCLAIMER

4.3.1.
Any use of the Website, Nyx and Nyx' apps, including the restricted parts of the Website, is subject to this Disclaimer and at the Users' sole risk and expense.

4.3.2.
The Website, Nyx and Nyx' apps and information on the Website, Nyx and Nyx' apps is provided on an "as is" and "as available" basis without any warranties or representations of any kind, either express or implied. While Nyx intends that all information shall be as accurate and up-to-date as possible, Nyx does not guarantee or represent the completeness, reliability or the accuracy of the information contained within the Website and/or the apps, and cannot be held liable for any actions, including selling or purchasing decisions, taken based on the information provided.

4.3.3.
To the maximum extent permitted by applicable law, Nyx disclaims all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights for itself and its Affiliates.

4.3.4.
Nyx does not warrant that the Website, Nyx and Nyx' apps will meet Users' requirements or be uninterrupted, timely, secure, or error-free, nor does Nyx make any warranty with respect to the results that may be obtained from the use of the Website or the apps, the services advertised or offered or merchants involved.

4.3.5.
Nyx is not responsible for any loss or injury caused by User's operating errors when accessing and using the Website and/or the apps and its available services.

4.3.6.
For purposes of clarity, Nyx does not make any representations about and disclaims all warranties with respect to any actions or omissions of a service provider or third party content owner.

4.3.7.
In the event that User informs Nyx of errors on the Website and/or the apps or their content, logic or their functionality, or if Nyx itself detects such errors, Nyx' liability shall be limited to rectify the error.

4.3.8.
Nyx disclaims any control over, relationship with, or endorsement of websites to which the Website, Nyx and/or Nyx' apps are linked, as well as to any third party apps that may be able to interact with the Website, Nyx and/or Nyx' apps.

4.3.9.
Nyx shall not be liable for any loss whether direct, indirect, incidental or consequential, arising out of access to, use of or reliance upon any of the content on the Website, Nyx and Nyx' apps or on the sites and apps to which the Website, Nyx and/or Nyx' apps are linked, regardless of whether such content is accurate or complete, and Nyx will not pay any damages whether for loss or injury, punitive or otherwise because of any such access to, use of, or reliance upon any of the content on the Website and/or the apps or on the sites and apps to which the Website and/or the apps are linked.

4.3.10.
Nyx cannot guarantee that all available content will be found by a User through use of the Website, Nyx and/or Nyx' apps, and cannot be held liable for failure to identify all content through a User's search.

4.3.11.
Purchase by a User of products or services from a third party via links on the Website, Nyx and/or Nyx' apps is a transaction between the User (purchaser) and such third party only, and Nyx cannot be held liable for the third party's decision to offer, promote or sell its products or services, nor for the purchasing specifications, or the correctness or completeness of the third party's information about the potential purchaser, or for the failure by a User to pay for products or services via the Website and/or the apps. Similarly, Nyx cannot be held liable for User's decision to purchase products or services via the Website, Nyx and/or Nyx' apps, nor for the purchasing specifications, or the correctness or completeness of any information about the products or services, or for the failure by a third-party seller to deliver the purchased products and/or services, or for any delay or defects in the products and/or services.

4.3.12.
User understands and agrees that Nyx or any other parties involved in creating, producing, transmitting, or distributing the Website, Nyx and/or Nyx' apps or related Products or Services, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nyx may have been advised of the possibility of such damages), resulting from: (i) User's use or inability to use the Website, Nyx and/or Nyx' apps and/or the Products and Services offered or provided via them; (ii) the cost of procurement of substitute Products and Services resulting from any Products, information, information or Services purchased or obtained or messages received or transactions entered into through or from the Website and/or the apps; (iii) unauthorized access to or alteration of User's transmissions or information; (iv) statements or conduct of any third party on the Website, Nyx and/or Nyx' apps; (v) or acts of nature, forces, or causes beyond Nyx' reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or (vi) any other matter relating to the Website, Nyx and/or Nyx' apps however caused and on any theory of liability (including negligence).

4.3.13.
In no event shall Nyx' total liability to a User for all damages, losses and causes of action whether in contract, tort (including but not limited to, negligence) or otherwise exceed the lesser of the amount paid by User to Nyx during the last 12 months prior to the incident that caused the loss, if any, or DKK 100,000 per year.

4.3.14.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, Nyx' liability in such jurisdictions shall be limited to the maximum extent permitted by any law that may apply to such liability.

4.3.15.
The Website, Nyx and/or Nyx' apps may provide links to other websites and/or apps. Nyx is not responsible for the availability of such other websites and/or apps and does not endorse or assume any liability for any content, products or other materials available on such other websites and/or apps. Further, Nyx reserves the right to terminate any link or linking program at any time.

4.3.16.
The material that Users read on the Website, Nyx and/or Nyx' apps is provided solely for information purposes. By using the Website, Nyx and/or Nyx' apps and their contents, User agrees to indemnify and hold Nyx harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from User's use of the Website, Nyx and/or Nyx' apps, User's use of the services offered via the Website, Nyx and/or Nyx' apps, or User's submission of ideas and/or related materials to Nyx, or from any person's use of User's Logon Information, regardless of whether such use is authorized by User.

4.3.17.
Where Nyx has provided any Products and/or Services to a User, Nyx cannot be held liable for losses caused by outdated, inaccurate or incomplete information provided to Nyx by third parties, whether under contract or not.

4.3.18.
Nyx cannot be held liable for failure by a User to obtain export control permits or for any losses caused thereby.

Nyx Systems - Disclaimer
Rev. 2, August 2021

5. TERMS OF USE - back to top

5.1. ACCEPTANCE OF USE

5.1.1.
Only the English version of the Terms of Use is legally binding. Translations – if any - have been provided purely for User's convenience. In the event of discrepancy between a translation and the English version, the English version shall prevail.

5.1.2.
Any and all use of the Website, the cloud-based nightclub management application (the Application) and/or the Nyx Apps, and the Information and Services made available through any of these is subject to the latest version from time to time of these Terms of Use and the Disclaimer, and any User, whether as a Website- or App-visitor or as a Subscriber or Organizer, is deemed, through the use of the Website, the Application and/or the Nyx Apps, to have accepted to be bound hereof and of the Disclaimer.

5.1.3.
If User purchases any of the Paid Services made available via the Website, the Application and/or the Nyx Apps, Nyx' Terms and Conditions for Nyx Tickets shall apply, unless the provider of such Paid Services has issued his own terms and conditions for such Paid Services.

5.1.4.
By acceptance or deemed acceptance of the Terms of Use and the Disclaimer, Users further accept to be bound by Nyx' other policies that are relevant for the use of the Website, the Application and/or the Nyx Apps, including its Information Privacy policy and Cookie policy, which are available on the Website.

5.1.5.
Nyx may modify these Terms of Use, the Disclaimer, as well as the contents and functionality of the Website, the Application and/or the Nyx Apps from time to time without notice to User. User can review the most current version of the Terms of Use and the Disclaimer on the Website. It is the User's responsibility to acquaint itself with the applicable Terms of Use from time to time, and continued use of the Website, the Application and/or the Nyx Apps following the posting of changes, alterations and/or modifications will constitute the relevant User's acceptance of the revised Terms of Use.

5.1.6.
Please read the Terms of Use and the Disclaimer carefully before using the Website, the Application and/or the Nyx Apps. If User does not agree to the Terms of Use and the Disclaimer, User is not permitted to use the Website, the Application and/or the Nyx Apps.

5.1.7.
Consumers who wish to file complaints related to the purchase of goods and services via the Website may do so in Denmark at "Center for Klageløsning" in the Danish Competition and Consumer Agency, Carl Jacobsens Vej 35, 2500 Valby, Denmark, via the use of the website www.forbrug.dk. Consumers may also use the EU Commission's online claims-portal at http://ec.europa.eu/odr. When filing a claim, the claimant shall inform of Nyx' email address, customer@nyxapp.net.

5.2. DEFINITIONS

5.2.1.
"Affiliate" means Nyx and any other entity that, directly or indirectly through one or more intermediaries or controls, is controlled by, or is under common control with Nyx, or which controls Nyx.

"Application" means a full-featured nightclub management suite, which is marketed by Nyx under the brand Nyx, Nyx Nightclub Management, Nyx nightlife platform and/or the cloud-based features made available by Nyx via the Website nyxapp.net (or any subdomain of nyxapp.net), the Application and/or the Nyx Apps, which allows Users to apply for and manage memberships (both paid and free memberships) of nightclubs that subscribe to the Application, purchase tickets or sign up for Events organized and offered for sale by Subscribers to the Application and/or Organizers, and which allows Subscribers and Organizers to organize and manage their Events via the Application available on the restricted part of the Website and/or the Nyx Apps.

"Cookie Policy" shall mean the cookie policy posted on legal.nyxapp.net, as amended from time to time.

"Disclaimer" means the disclaimer by Nyx published on legal.nyxapp.net, as amended from time to time.

"Event" means any event referred to on the Website, the Application and/or the Nyx Apps which is offered for sale by the relevant Subscriber and/or Organizer.

"Event Information" means Information of an Event made available via the Website, the Application and/or the Nyx Apps in any form.

"Indemnities" means Nyx, its Affiliates, and any owners, officers, directors, employees, agents, consultants, suppliers or any other parties involved in creating, producing, transmitting, or distributing the Website, the Application and/or the Nyx Apps and/or Information.

"Information" means any and all information made available electronically to Users via the Website, the Application and/or the Nyx Apps, whether such information has been generated and/or published by Nyx or by Subscribers or by Organizers, or through the collection of publicly available data.

"Nyx" means Nyx Systems ApS, a limited liability company duly incorporated and registered under the laws of Denmark (company registration no. 36201215), having its registered business address and principal place of business at Artillerivej 86, 2300 Copenhagen S, Denmark. References to Nyx herein shall include its Affiliates, except that no Affiliate shall be held liable for obligations and duties of any of the other Affiliates.

"Organizer(-s)" means the organizer of an Event that is offered to Users of the Website, the Application and/or the Nyx Apps.

"Organizer Information" means all information about an Organizer and the Organizer's Events, when such information is made available on the Website, the Application and/or the Nyx Apps.

"Membership(-s)" means a digital or physical membership granted to a User by a Subscriber via the App or Website. When User holds one or more Memberships, User is a Member by definition.

"Ticket(-s)" means a ticket, typically a proof of purchase for entry to en event provided by an Organizer or Subscriber.

"Paid Service(-s)" has the meaning of Services as defined in Nyx' Terms and Conditions of Nyx Tickets & Paid Memberships.

"Service(-s)" means the Information, features and functionality of the Website and/or the Nyx Apps made available to Users.

"Subscriber(-s)" means a User who has entered a separate subscription agreement with Nyx. Typically, this would be a customer of Nyx, i.e. a nightclub, a bar or an event organizer.

"Privacy Policy" means the privacy policy posted on legal.nyxapp.net, as amended from time to time.

"Terms of Use" means these terms of use.

"Terms and Conditions of Nyx Tickets & Paid Memberships" shall mean the terms posted on legal.nyxapp.net as amended from time to time, which are applicable to Paid Services purchased via the Website, the Application and/or the Nyx Apps.

"Updates" means bug fixes, patches, upgrades, enhanced functions, plugins and new versions of the Website, the Application and/or the Nyx Apps.

"User(-s)" means any and all persons who enter into and/or use the Website, the Application and/or the Nyx Apps, whether in their own or any third party's interest.

"Member(-s)" means any User who has registered with a Subscriber in order to become a member of their business, usually materialized in the form of a digital or physical membership card or token given by the Subscriber to the User upon membership approval.

"Nyx Apps" means any piece of software made available by Nyx to Subscribers, Organizers or Users via either the Website, iOS, macOS, Windows, Android, Linux or any other operating system or Device delivered via either a web-browser, Apple's AppStore or Google's Google Play platform or any other software provider.

"Website" means the website made available under the address nyxapp.net (and all subdomains such as, but not limited to, customer.nyxapp.net, www.nyxapp.net, tickets.nyxapp.net, signup.nyxapp.net and members.nyxapp.net), as further described under clause 5.3. The term Website shall further include such additional modules, features and/or functionality that are currently or subsequently added to the unrestricted parts of the Website and/or the Nyx Apps.

5.3. THE WEBSITE

5.3.1.
The Website is a specialized website designed by Nyx to allow Subscribers and/or Organizers to effectively manage and market their Events, and which allows Users to apply for and manage memberships of nightclubs that are Subscribers to the Application, purchase tickets or admissions, and/or sign up for Events offered by the Subscribers and/or Organizers.

5.3.2.
Users may enter or upload certain personal information via the Website when creating a User profile on the Website. Information that has been uploaded will be retained by Nyx, and will not be shared with any Subscriber or Organizer, unless the User applies for Membership (both paid and free memberships) of one or more nightclubs that are Subscribers to the Application, or if User purchase tickets or admissions, or signs up for Events offered by the Subscribers and/or Organizers, in which case the information provided by the User will be shared with that particular Subscriber and/or Organizer.

5.3.3.
Subscribers shall not have access to User information provided to Nyx via the Website, except to the extent that Users apply for Memberships of nightclubs that are operated by Subscribers to the Application, purchase tickets or admissions, and/or sign up for Events offered by the Subscribers and/or Organizers.

5.3.4.
Subscriber and/or Organizer becomes the data-controller in respect of all personal information that is transferred from Nyx to Subscriber upon a User's application for memberships of nightclubs, purchase of tickets or admissions, and/or sign up for Events offered by the Subscribers and/or Organizers, and User shall direct all questions in respect thereof to the relevant Subscriber and/or Organizer.

5.3.5.
Event and Organizer Information and other Information available on the Website, the Application and/or the Nyx Apps has either been made accessible by Organizers, or merchants, or been gathered by Nyx from public-domain sources.

5.3.6.
Subscribers and/or Organizers listed on the Website are independent third parties and Nyx is not acting as a principal, agent, broker or merchant with respect to any advertisers, Subscribers or Organizers referred to on the Website, the Application and/or the Nyx Apps. User's relation with any Subscriber and/or Organizer that User contacts through the Website, the Application and/or the Nyx Apps, including the Paid Services is solely a transaction directly between the Subscriber and/or the Organizer, as the case may be, and the User, and User agrees not to hold Nyx liable for any loss or damage of any sort incurred as the result of any business conducted with the Subscriber and/or Organizer or as the result of the content provided by such Subscriber and/or Organizers through the Website, the Application and/or the Nyx Apps.

5.3.7.
In the event of Nyx enabling Users to add content to the Website and/or the Nyx Apps in the form of reviews, contests or other features, Nyx shall have a perpetual royalty-free entitlement, at its absolute discretion, to publish, edit, refuse, or delete content provided to it.

5.4. GRANT TO USE

5.4.1.
Users are granted a personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to use the Website and/or the Nyx Apps for their intended use, including as a portal for any Paid Services, but are not granted any ownership rights or other rights over the Website, the Application and/or the Nyx Apps or their content.

5.4.2.
Nyx reserves the right at its sole discretion to suspend or terminate use of the Website, the Application and/or the Nyx Apps at any time, for any reason or for no reason at all. Nyx further reserves the right at its sole discretion to change, suspend, or discontinue all or some aspects of the content, design, features, functionality, and/or any other aspect of the Website, the Application and/or the Nyx Apps at any time without prior notice.

5.5. USER'S OBLIGATIONS

5.5.1.
Users may only use the Website, the Application and/or the Nyx Apps for the purpose of creating and updating their User profile, for applying for and managing their memberships of nightclubs that are Subscribers to the Application, as a search engine to identify and compare nightclubs, Events, Event Information and/or for the purchase of Paid Services published via the Website and/or the Nyx Apps, and shall not use the Website and/or the Nyx Apps for any other purposes.

5.5.2.
User understands and agrees that any software, material or Information printed, downloaded or otherwise obtained through the use of the Website and/or the Nyx Apps is done at User's own discretion and risk and that User shall be solely responsible for any damage to User's computer, device, system or network, including any loss or corruption of data.

5.5.3.
By using or entering any information on the Website, the Application and/or the Nyx Apps, User represents and warrants that: (i) User has the legal capacity to agree to these Terms of Use and the Disclaimer and to use this Website, the Application and/or the Nyx Apps; (ii) User is using its actual identity; (iii) User has provided only true, accurate, current and complete information; and (iv) that User will maintain and promptly update the information that User provides to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or Nyx has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nyx may block User's current and future use of the Website, the Application and/or the Nyx Apps. User agrees that its data, content, and any information provided or used in the Website, the Application and/or the Nyx Apps, as well as User's use of the Website, the Application and/or the Nyx Apps, Events and Services will not: (a) modify, alter, or deface any of the trademarks, service marks, trade dress or other intellectual property made available by Nyx in connection with the Website, the Application and/or the Nyx Apps or otherwise infringe or facilitate infringement of any copyright, patent, trademarks, service marks, trade dress, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third parties; (b) hold User out as in any way sponsored by, affiliated with, or endorsed by Nyx or any Affiliates, Subscribers or Event Organizers; (c) use any of the trademarks, service marks, trade dress or other content accessible through the Website, the Application and/or the Nyx Apps for any purpose other than the purpose for which we have made it available to Users; (d) defame or disparage Nyx, its Affiliates, our trademarks, service marks or trade dress, or any other aspect of the Website, the Application and/or the Nyx Apps; (e) post or transmit any content that is unlawful, threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (f) adapt, translate, modify, decompile, disassemble, or reverse engineer the Website, the Application and/or the Nyx Apps or any software or programs used in connection with it or any of the Events and Services; (g) contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, the Application and/or the Nyx Apps, data, personal information, software, equipment, servers or content or facilitate or promote hack-ing or similar conduct; (h) access or attempt to access the restricted areas of the Website, the Application and/or the Nyx Apps or any other User's password-protected information; (i) impersonate any person or entity or otherwise falsely state or misrepresent User's affiliation with a person or entity; and (j) restrict or inhibit any other User from using or enjoying the Website, the Application and/or the Nyx Apps (or any linked website).

5.5.4.
The use of content on any other website or networked computers is prohibited. Links to the Website without Nyx' express written permission are strictly prohibited.

5.5.5.
Framing, mirroring, crawling, scraping or data mining of the Website, the Application and/or the Nyx Apps is not permitted. Likewise any other conduct by Users that in Nyx' sole discretion restricts or inhibits any other User from using or enjoying the Website, the Application and/or the Nyx Apps (or any linked website) is not permitted.

5.5.6.
When User uses the Website, the Application and/or the Nyx Apps, or sends emails to Nyx, a Subscriber and/or an Organizer, User is communicating with Nyx, the Subscriber and/or the Organizer electronically, as applicable, and consents to receive communications from Nyx, the Subscriber and/or the Organizer, as applicable, electronically. Nyx, Subscribers and/or Organizers may communicate with User by email, by posting notices on the Website, the Application and/or the Nyx Apps, as applicable, by delivering notifications through mobile applications or through other electronic means. User agrees that all agreements, notices, disclosures and other communications that Nyx provides to User electronically satisfy any legal requirement that such communications be in writing.

5.6. FEES & PAYMENT TERMS

5.6.1.
The Website and/or the Nyx Apps, and the Services generated from use of the same, are made available to Users without any charge, whereas Paid Services offered by the Subscribers and/or Organizers, such as reservations, purchase of tickets and/or admission to Events for which a fee or charge is due, shall be payable on the terms provided by the Subscribers and/or Organizers.

5.6.2.
If there is a charge associated with a portion of the Services, including for Paid Services, User agrees to pay that charge. The price stated for the Services, tickets, admissions or reservations excludes all applicable taxes and currency exchange settlements, unless stated otherwise. User is solely responsible for paying such taxes or other charges.

5.6.3.
To pay the fees and charges for Services and Paid Services, User will be charged to the credit card or other payment solution provided when User creates his/her User account via the Website, the Application and/or the Nyx Apps, or be asked to provide a payment method at the time User purchases the Paid Services. User can access and change User's billing information and payment method via the Website found at members.nyxapp.net. Additionally, User agrees to permit Nyx and/or the Subscribers and/or the Organizers to use any updated account information regarding User's selected payment method provided by User's issuing bank or the applicable payment network. User agrees to promptly update his/her account and other information, including User's email address and payment method details, so that Nyx, the Subscriber and/or the Organizer can complete User's transactions and contact User as needed in connection with User's transactions.

5.6.4.
When User purchases Paid Services on a recurring basis (e.g., monthly, every 3 months or annually (as applicable)), User acknowledges and agrees that User is authorizing recurring payments, and payments shall be made to Nyx and/or the Subscriber and/or the Organizer, as applicable, by the method User has chosen for recurring payments, until the purchase for that recurring Paid Service is terminated by User and/or by Nyx, Subscriber or by Organizer, as applicable. By authorizing recurring payments, User authorizes Nyx, and/or Subscriber, and/or Organizer, as applicable, to process such payments as either electronic debits or fund transfers, or as electronic drafts from the User designated account. Subscription fees, incl. fees for recurring Paid Services, are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Nyx, and/or Subscriber, and/or Organizer and any of their authorized service providers reserve the right to collect the missing payment.

5.6.5.
Provided that automatic renewals are allowed in User's country/state, User may choose for Paid Services and/or Subscriptions to automatically renew at the end of a fixed Paid Service or Subscription period. The Paid Services or Subscription provider will remind User by email before any Paid Services or Subscriptions renew for a new term, and notify User of any price changes. Once the Paid Services or Subscription provider has reminded user that he/she elected to automatically renew the Paid Services and/or Subscriptions, Nyx may automatically renew User's Paid Services and/or Subscriptions at the end of the current Paid Services and/or Subscription period and charge User the then current price for the renewal term, unless User has chosen to cancel the Paid Services and/or Subscriptions as described below. User will also be reminded that Nyx, Subscriber and/or Organizer, as applicable, will bill User's chosen payment method for the Paid Services and/or Subscription renewal, whether it was on file on the renewal date or provided later. Nyx, Subscriber and/or Organizer, as applicable, will also provide User with instructions on how User may cancel the Paid Services and/or Subscriptions. User must cancel the Paid Services and/or Subscriptions before the renewal date to avoid being billed for the renewal period, specifically no later than one (1) hour before renewal.

5.6.6.
Unless otherwise provided by law or by a particular Service offer from a Subscriber and/or Organizer or as permitted under the Terms and Conditions of Nyx Tickets, all purchases are final and non-refundable. If user believes that Nyx and/or the Subscriber and/or the Organizer, as applicable, has charged User in error, User must contact the relevant party in accordance with the terms of the Terms and Conditions of Nyx Tickets & Paid Memberships. This refund policy does not affect any statutory rights that may apply.

5.6.7.
Nyx, the Subscribers and/or the Organizers, as applicable, may change the price of the Paid Services and/or Subscriptions at any time and if user has a recurring purchase, Nyx, the Subscribers and/or the Organizers, as applicable, will notify User by email at least 15 days before the price change. If User does not agree to the price change, User must cancel and stop using the Paid Services and/or Subscriptions before the price change takes effect. If there is a fixed term and price for certain Paid Services and/or Subscription offers, that price will remain in force for the fixed term.

5.7. PURCHASE OF PRODUCTS OR SERVICES

5.7.1.
The Website, the Application and/or the Nyx Apps provides User with information of available Events and nightclubs that are Subscribers, and Organizers.

5.7.2.
Purchase or reservation by a User of Paid Services offered by Subscribers and/or Organizers identified via the Website, the Application and/or the Nyx Apps is a transaction between the User and the Subscriber and/or Organizer only, and is – in relation to the Subscriber or Organizer – subject to the Subscriber's or Organizer's terms, or where such terms have not been issued, then subject to the Terms and Conditions for Nyx Tickets & Paid Memberships and - in relation to Nyx - subject to the Disclaimer. Nyx makes no warranty that: (i) any Membership, Event, Service or Paid Service will be granted or will meet User's requirements or expectations; (ii) any Event or Service or Paid Service will be uninterrupted, timely, secure, or error-free; (iii) the quality of any Event or Service or Paid Service purchased or obtained by User through the Website, the Application and/or the Nyx Apps will meet User's requirements or expectations; or (iv) any errors on the Website, the Application and/or the Nyx Apps or in any Event or Service or Paid Service will be corrected.

5.7.3.
If a User, who has a valid Membership to a nightclub, or who has purchased a valid ticket or admission to an Event, is denied access to the nightclub or the Event, the User may be entitled to a full or partial refund of his payment as set out in the Terms and Conditions for Nyx Tickets & Paid Memberships. Claims for refunds can only be made against the relevant nightclub and/or Subscriber or Organizer, and not against Nyx, and will be subject to the terms of Membership or terms of purchase that have been issued by the relevant nightclub and/or Subscriber or Organizer or, where no such terms of purchase have been issued, as set out in the Terms and Conditions for Nyx Tickets.

5.7.4.
If a User raises a claim for whole or partial refund or other compensation related to a purchase made via the Website, the Application and/or the Nyx Apps of Paid Services, such refund shall be subject to the terms of purchase that have been issued by the relevant nightclub and/or Subscriber or Organizer, and no claim can be made by a User against Nyx.

5.8. OWNERSHIP TO DATA

5.8.1.
Ownership to Information made available through the Website, the Application and/or the Nyx Apps remains with the owner of such Information, regardless of whether the Information has been compiled by the Subscriber and/or the Organizer or by Nyx through automatic data-collection from publicly available sources, or whether the Information has been provided by a Subscriber or an Event Organizer to Nyx and verified, categorized and structured by Nyx.

5.9. SUPPORT

5.9.1.
Nyx does not provide any support to Users with respect to their use of the Website, the Application and/or the Nyx Apps, except for support to Subscribers who have signed up to Nyx' Support services.

5.10. MONITORING

5.10.1.
Nyx may elect to electronically monitor the whole or select areas of the Website, the Application and/or the Nyx Apps, including any traffic on the Website, the Application and/or the Nyx Apps, and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or lawful government request; (ii) if such disclosure is necessary or appropriate to operate the Website, the Application and/or the Nyx Apps; or (iii) to protect Nyx' rights or property or the rights of the Users, sponsors, providers, licensees, or merchants.

5.10.2.
Nyx has the right to perform marketing activities towards any User who has accepted these Terms of Use, incl. direct mail campaigns, information of nightclub memberships, Events, Services, features or functionality on the Website, the Application and/or the Nyx Apps, etc. User has the right at any time to withdraw its consent to such marketing activities.

5.11. CHANGES TO THE WEBSITE, APPLICATION AND/OR Nyx APPS

5.11.1.
Nyx has the unrestricted right, but no obligation, to make Updates to the Website, the Application and/or the Nyx Apps with the aim to improve or simplify its features, functionality, etc.

5.11.2.
Nyx may from time to time, issue updated versions of the Website, the Application and/or the Nyx Apps and their content, and the Website, the Application and/or the Nyx Apps may automatically connect to Nyx', User's or third party servers via the internet to check for available Updates, and may either (a) automatically electronically perform Updates or (b) give Users the option of manually accept Updates. By using the Website, the Application and/or the Nyx Apps and not disabling any automated check for Updates, if applicable, Users hereby agree and consent to automatically request and receive Updates from Nyx or third-party servers, and that these Terms of Use shall apply to all such Updates.

5.11.3.
Updates to the Website, the Application and/or the Nyx Apps may affect the Services, Information and functionality of the Website, the Application and/or the Nyx Apps, but Nyx shall not be liable for any damage or loss to Services, Information, etc. caused by such Updates.

5.12. INTELLECTUAL PROPERTY RIGHTS

5.12.1.
The Website, the Application and/or the Nyx Apps is the copyrighted property of Nyx and/or its various third-party providers and distributors. Information found on the Website, the Application and/or the Nyx Apps must not be copied, reproduced, republished, distributed, posted, sold, transferred, or modified without the express written permission of Nyx and/or the relevant owner of such Information.

5.12.2.
The trademarks, logos and service marks displayed on the Website, the Application and/or the Nyx Apps are registered and/or common law Trademarks of Nyx, its Affiliates, and various third parties, including Event Organizers and Subscribers. No information on the Website, the Application and/or the Nyx Apps shall be construed as granting, by implication or otherwise, any license or right to use any of the trademarks, logos and service marks without the written permission of Nyx or such other party that owns the trademarks, logos and service marks.

5.12.3.
User retains ownership of all intellectual property rights subsisting in the content a User submits to Nyx. However, by submitting content to the Website, the Application and/or the Nyx Apps, including information that is subject to data privacy laws, User grants to Nyx a right to restructure, categorize, and further develop such information so that it meets the requirements of the Website, the Application and/or the Nyx Apps and of the Subscribers and/or Event Organizers. Further, User grants to Nyx a royalty-free worldwide non-exclusive license for the duration of any registered or unregistered right to disclose and use User's content, or any part thereof, in any way that Nyx decides on the Website, the Application and/or the Nyx Apps, any other website or through any other medium. By submitting any Information to Nyx, User represents and warrants that the Information submitted to Nyx is owned by User, that no one else has any rights in the Information and that Nyx is free to use the Information if it so desires, as provided or as modified by Nyx, without obtaining permission or license from any third party.

5.12.4.
User's use of the Website, the Application and/or the Nyx Apps may allow download and use of third-party software or links to third-party content accessed through the Website, the Application and/or the Nyx Apps (such software and content collectively, "Third Party Content"). User acknowledges that all Third-Party Content is the property of the applicable Third-Party Content owners and may be protected by applicable copyright and other intellectual property rights. Neither this Agreement nor User's use of the Website, the Application and/or the Nyx Apps to access Third-Party Content gives User any rights to such Third-Party Content.

5.13. TRANSFER, NOVATION & ASSIGNMENT

5.13.1.
Nyx is entitled at any time to transfer, novate and/or assign its rights to the Website, the Application and/or the Nyx Apps.

5.13.2.
User is not entitled, wholly or partly, to transfer, novate and/or assign any of its obligations or rights to use the Website, the Application and/or the Nyx Apps or claims against Nyx.

5.14. EXPORT CONTROL & TRADE RESTRICTIONS

5.14.1.
Nyx makes no representation that the Website, the Application and/or the Nyx Apps is appropriate for use in User's country of use. User acknowledges that no part of the Website, the Application and/or the Nyx Apps or underlying information or technology, nor the content of the Website, the Application and/or the Nyx Apps, may be downloaded or otherwise exported or re- exported into (or to a national or resident of) any countries subject to trade restrictions and/or embargoes under the applicable law. By using the Website, the Application and/or the Nyx Apps User agrees to the foregoing and represents and warrants that User is not located in or under the control of a national or resident of any such country or on any list of designated persons that are subject to trade restrictions. User further acknowledges and understands that certain functionality of the Website, the Application and/or the Nyx Apps, such as encryption or authentication, may be subject to import restrictions in the event User transports the Website, the Application and/or the Nyx Apps from the country of delivery and User is responsible for complying with all applicable restrictions.

5.14.2.
Purchase by a User of nightclub memberships, tickets for or admission to certain Events or any Services may be subject to export or trade restrictions or embargoes. Likewise, transactions with certain individuals or corporations may be subject to restrictions under applicable laws. It is the sole responsibility of User to ensure that its transactions via the Website, the Application and/or the Nyx Apps comply with applicable export or trade restrictions or embargoes and/or that transaction with certain restricted individuals complies with applicable laws.

5.14.3.
User undertakes to indemnify and hold harmless Nyx from any claim or legal action against Nyx, incl. legal cost, because of User's use of the Website, the Application and/or the Nyx Apps or transactions via the Website, the Application and/or the Nyx Apps in violation of applicable export or trade restrictions and transaction with restricted persons.

5.15. DISPUTES & CHOICE OF LAW

5.15.1.
These Terms of Use, including the Disclaimer and the contents of the Website, the Application and/or the Nyx Apps shall be governed exclusively by Danish law without regard to any conflict of law rules.

5.15.2.
Any dispute arising out of or in relation to these Terms of Use, the Services and/or the Website, the Application and/or the Nyx Apps shall, if it cannot be solved amicably, be subject to the sole and exclusive jurisdiction of the District Court of Copenhagen, Denmark, subject to normal appeal under applicable Danish law.

Nyx Systems - Terms Of Use
Rev. 2.1, October 2021

6. TERMS & CONDITIONS FOR TICKETS & PAID MEMBERSHIPS - back to top

6.1. ACCEPTANCE OF USE

6.1.1.
Nyx' goal is to make purchasing of memberships of nightclubs, tickets, admission to Events, reservations, bookings and other services (hereinafter jointly referred to as the "Services") offered by Subscribers and/or Organizers via the Website, the Application and/or the Nyx Apps, easy and efficient.

6.1.2.
Nyx is only offering and providing memberships, tickets, admissions, etc. on behalf of its Subscribers and/or Event Organizer. Nyx is not an Organizer or promoter of the Services or Events offered, as these Services and Events are conducted solely by the respective Subscribers and/or Event Organizer. This means that the Subscribers and/or Event Organizer is User's contracting party, which is why the organizer - and not Nyx - is responsible for the performance of the Services. All matters relating to the performance of the Services must therefore be resolved directly with the Subscribers and/or Event Organizer.

6.1.3.
Users' purchase of the Services shall in relation to Nyx be subject to Nyx' Terms of Use and Disclaimer, which are available at legal.nyxapp.net.

6.1.4.
Further, Users' Purchase via the Website or the Nyx Apps of any Services shall in relation to the relevant nightclub and/or the Event Organizer, be subject to the relevant nightclub's and/or Organizer's terms of purchase. If the relevant nightclub's and/or Organizers' have not issued their own specific terms of purchase, Users' purchases of Services shall be subject to these Terms and Conditions of Nyx Tickets (hereinafter referred to as the Terms and Conditions), as amended from time to time.

6.1.5.
Only the English version of the Terms and Conditions is legally binding. Translations – if any - have been provided purely for User's convenience. In the event of any discrepancy between a translation and the English version, the English version shall prevail.

6.1.6.
Any and all purchases or reservations of Services made through the use of the Website, the cloud-based nightclub management application (the Application) and/or the Nyx Apps is, in addition to being subject to the Terms of Use, subject to the latest version from time to time of these Terms and Conditions and the Disclaimer, and any User, whether as a Website- or App-visitor, a purchaser or as a Subscriber or Organizer, is deemed, through the purchase of any Services via the Website, the Application and/or the Nyx Apps, to have accepted to be bound hereof and by the Disclaimer.

6.1.7.
By acceptance or deemed acceptance of the Terms and Conditions and the Disclaimer, Users further accept to be bound by Nyx' other policies that are relevant for the use of the Website, the Application and/or the Nyx Apps, including its Privacy policy and Cookie policy, which are available on the Website.

6.1.8.
Nyx may modify these Terms and Conditions, the Disclaimer, the Terms of Use, as well as the contents and functionality of the Website, the Application and/or the Nyx Apps from time to time without notice to User. User can review the most current version of the Terms and Conditions and the Disclaimer on the Website. It is the User's responsibility to acquaint itself with the applicable Terms and Conditions and the Disclaimer from time to time, and continued use of the Website, the Application and/or the Nyx Apps, including for any purchase or reservation, following the posting of changes, alterations and/or modifications will constitute the relevant User's acceptance of the revised Terms of Use, the Terms and Conditions, and the Disclaimer.

6.1.9.
Please read these Terms and Conditions and the Disclaimer carefully before purchasing any Services made available via the Website, the Application and/or the Nyx Apps. If User does not agree to the Terms and Conditions and the Disclaimer, User is not permitted to use the Website, the Application and/or the Nyx Apps for the purpose of purchasing any of the Services offered.

6.1.10.
Consumers who wish to file complaints related to the purchase of goods and services via the Website may do so in Denmark at "Center for Klageløsning" in the Danish Competition and Consumer Agency, Carl Jacobsens Vej 35, 2500 Valby, Denmark, via the use of the website www.forbrug.dk. Consumers may also use the EU Commission's online claims-portal at http://ec.europa.eu/odr. When filing a claim, the claimant shall inform of Nyx' email address; customer@nyxapp.net.

6.2. DEFINITIONS

6.2.1.
The Definitions used in the Terms of Use shall, unless otherwise defined herein, apply to these Terms and Conditions. Additionally, the following terms shall have the following meaning:

"Services" means such services as are offered by Subscribers and/or Organizers via the Website, the Application and/or the Nyx Apps to Users, whether paid or unpaid, including but not limited to memberships of and admissions to nightclubs, purchase of tickets and admissions for Events, reservations (e.g. table reservations), pre-purchase of food and drinks at nightclubs and/or Events, etc.

"Terms and Conditions of Nyx Tickets & Paid Services" or "Terms and Conditions" means these terms and conditions.

"Device" shall mean a smart-phone running Android (version 7.0 or later) or iOS (version 13.0 or later) with access to The Internet.

"Paid Services" shall mean any service made available via either recurring or one-time payments made by the User to the Subscriber/Organizer. In practice this would typically be memberships offered on a subscription basis, also referred to as Paid Memberships, or one-time Event tickets, referred to simply as tickets.

6.3. WHO ARE USERS BUYING FROM?

6.3.1.
The Website is a specialized website designed by Nyx to allow Subscribers and/or Organizers to effectively manage and market their Events, and which allows Users to apply for and manage memberships of nightclubs that are Subscribers to the Application and purchase Services made available via the Website, the Application and/or the Nyx Apps.

6.3.2.
Event and Organizer Information and other Information available on the Website, the Application and/or the Nyx Apps has either been made accessible by Subscribers, Organizers, or merchants, or been gathered by Nyx from public-domain sources.

6.3.3.
Subscribers and/or Organizers listed on the Website are independent third parties and Nyx is not acting as a principal, agent, broker or merchant with respect to any advertisers, Subscribers or Organizers referred to on the Website, the Application and/or the Nyx Apps. Purchase or reservation by a User of any Services is a transaction between the User and the Subscriber and/or Organizer only, and Nyx is not directly or indirectly liable for any such transactions.

6.4. PAID MEMBERSHIPS & PERKS

6.4.1.
Subscribers and/or Organizers may offer Memberships on a recurring payment basis. User understands and agrees that they will be charged recurringly if they sign up for such a Membership. User understands that this service is provided and sold by the Subscriber/Organizer alone and not by Nyx.

6.4.2.
Paid Memberships may come with associated Perks. These Perks will be defined by the Subscriber/Organizer. Nyx has no say in or responsibility for any services or products warranted by Perks. Perks defined by a Subscriber/Organizer may change at any time without warning. In such a case it is the responsibility of the Subscriber/Organizer to inform Users of this change.

6.4.3.
Memberships, Paid Memberships, Tickets and Perks can only be exchanged for Services using a Device. Without a Device, User may not be able to take advantage of Memberships or Perks. Not being in the possession of a Device does not warrant a refund, whether or not this is/was the case before or after the purchase of a Paid Membership. It is User's responsibility to have in their possession a Device at all times User wants to exchange their Membership or Perks for Services. To use a Perk, User must "swipe" the Perk in question (via the Nyx app on their Device) in the vicinity of relevant venue personnel. The Device OS (operating system) version requirement for the Nyx app may change without notice. The app may be downloaded by opening get.nyxapp.net in the browser of a Device.

6.4.4.
Perks may be defined with a Reset Interval. This may be Daily, Weekly, Monthly or Annually. These Reset Intervals cut off at 10 am local time (of the Subscriber) each day, each Monday, the 1st of each month and January 1, respectively. The Reset Interval does not follow the billing period for a Paid Membership. Perks not used within a Reset Interval will effectively be lost: Perks uses ("swipes") cannot be collected over time.

6.4.5.
Nyx does not refund charges for Paid Services for any reason. This is handled exclusively by the Subscriber/Organizer selling Paid Services. If User has used ("swiped") Perks, used their Ticket(s) or consumed any component of Paid Memberships, User may not be entitled to a refund.

6.4.6.
User may cancel their Paid Membership at any time by going to the Members' site at members.nyxapp.net and logging in with their credentials (Facebook or e-mail/password). Once canceled, a Paid Membership will remain active until the end of its current billing period, after which no more charges will be made to User's credit card. The Paid Membership and any associated Perks will become unavailable shortly after this time. User must cancel their Paid Membership no later than one (1) hour before their current billing period ends, after which User must pay for another equivalent billing period.

6.4.7.
User can add or remove a payment method for Paid Memberships at any time (except in the 1-hour window mentioned in 6.4.6) via the Website (members.nyxapp.net). All Paid Memberships provided by any Subscriber/Organizer to a given User will be charged to the same (and only) payment method associated with that User's Nyx account.

6.4.8.
A Device that is unable to power up or start the Nyx Apps due to technical or programming errors, loss of battery power or any other fault is not sufficient for a refund. In such an event, User understands that this is equivalent to having no Device at all.

6.5. PRICING & AVAILABILITY

6.5.1.
Prices, availability, allocation etc. of any and all Services, including e.g. tickets, seating locations, etc. are determined by the Subscribers and/or Organizers and not by Nyx.

6.5.2.
Nyx may charge fulfillment, shipping, service or other fees for using its Services. Nyx may change any such fees at any time, including after a purchase has been made.

6.6. ORDER CONFIRMATION

6.6.1.
If a User does not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information for any Services, or if User experiences an error message or service interruption after submitting payment information, it is User's responsibility to confirm via User's Nyx account or Nyx customer service whether or not User's order has been placed. Nyx, the Subscriber and/or the Organizer will not be responsible for losses (monetary or otherwise) if a User assumes that an order was not placed because User did not receive an order confirmation.

6.7. SERVICE FEES & ORDER PROCESSING FEES

6.7.1.
Services purchased via the Website, the Application and/or the Nyx Apps are typically subject to a per-Service service fee and a non-refundable per-order processing fee.

6.7.2.
Refund of any such fees may be restricted, and shall always be subject to the Subscriber's and/or Organizer's refund policy. No claim for refunds can be raised against Nyx, and Nyx is not obliged to refund its service charges, fees or commissions for any Paid Services.

6.8. CURRENCY

6.8.1.
Prices and payments shall be made in the currency that is shown on the Website or the Nyx Apps when Users purchase any of the Services or Paid Services.

6.8.2.
Payments will be charged to the payment solution provided by User at the currency exchange rate that is applied by the relevant payment provider at the time of payment.

6.9. PAYMENT METHODS

6.9.1.
Nyx accepts all major and minor credit cards supported by Stripe, as well as Apple Pay and/or Google Pay where applicable.

6.10. NUMBER OF TICKETS & "TICKET LIMITS"

6.10.1.
When purchasing Tickets, Users may be limited to a specified number of tickets, admissions, etc. for each Event (also known as a "ticket limit"). This ticket limit is posted during the purchasing process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Nyx reserves the right to cancel any or all orders and tickets without notice to User if User exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.

6.11. TRANSFER OF TICKETS & MEMBERSHIPS

6.11.1.
Users may not transfer purchased Tickets and/or admissions or Memberships or Paid Memberships to others. Tickets, Memberships and Paid Memberships are strictly personal. Buying a ticket from another patron may result in rejection by the Event Organizer. Buying a Membership from another User - or using ("borrowing") a Membership or Paid Membership given to or bought by another User - may result in cancellation of the Membership or Paid Membership with no refund given. A refund for a Ticket or Paid Membership can only be given to the User who originally bought it.

6.12. OPENING ACTS / FESTIVAL ACTS

6.12.1.
Opening acts or guest performers may sometimes tour with headline performers. Nyx is not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.

6.13. CANCELED & RESCHEDULED EVENTS

6.13.1.
Occasionally, Events are canceled or postponed. Should this occur, the Subscriber and/or Organizer will attempt to contact Users who have purchased Services for such Events, to inform the User of refund or exchange procedures for that Event. For exact instructions on any canceled or postponed Events, please check the Event information online or contact the Subscriber and/or Organizer.

6.13.2.
If an Event is canceled, and User purchased their Ticket(s) through the Website, the Application and/or the Nyx Apps, User shall contact the relevant Subscriber and/or Organizer for a refund, as Nyx is not responsible for the Event, nor for any refund.

6.13.3.
If the Event is moved or rescheduled, the Subscriber and/or Organizer may set refund limitations. If User cannot attend a rescheduled Event, they shall contact the Subscriber and/or Organizer for more information or to request a refund.

6.13.4.
If a User, who has a valid Membership to a nightclub, or who has purchased a valid Ticket or admission to an Event, is denied access to the nightclub or the Event, the User may be entitled to a full or partial refund of his payment. Claims for refunds can only be made against the relevant nightclub and/or Subscriber or Organizer, and not against Nyx, and will be subject to the terms of membership or terms of purchase that have been issued by the relevant nightclub and/or Subscriber or Organizer.

6.14. BILLING INFORMATION VERIFICATION

6.14.1.
All purchases are subject to credit card approval and processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a Services order that can delay processing and delivery. In these cases, Nyx customer service will attempt to contact User, using the information provided at the time of purchase. If we are unable to reach User after our initial attempt, we may cancel User's purchase order/reservation and may sell the Services to another customer without further notice.

6.14.2.
If User signs in with their Facebook account, they accept that Nyx may automatically create an account for them in the Application, and that their Nyx account will be used to buy any Services. If User already has a Nyx account tied to their Facebook account, this account will be used to buy any Services.

6.15. TICKET DELIVERY OPTIONS

6.15.1.
Different combinations of delivery methods may be offered, depending on factors that include the venue or country where the Services are to be provided, the country in which User lives, how much time is left before the Services or an Event starts, whether it is a holiday season and the nature of the demand for the Services and/or Event. Please carefully review the list of delivery methods offered during the purchase process.

6.15.2.
If no other delivery method is offered by the Subscriber or Organizer, User's Tickets will be delivered as a website link or via Nyx' Apps. User may print out tickets if they wish, but if tickets cannot be scanned/verified by the Organizer/Subscriber due to damaged or incomplete prints, User's tickets will not be valid. We recommend that User brings a Device with them to display their tickets or Paid Memberships. It is not the responsibility of Nyx or the Subscriber and/or Organizer to provide Internet access to User's device at a venue.

6.16. PRICING & OTHER ERRORS

6.16.1.
If the amount User pays for a Service is incorrect, regardless of whether it is because of an error in a price posted on the Website, in the Application or in Nyx' Apps or otherwise communicated to User, or if User is able to order a Service before its scheduled on-sale or presale date, or if User is able to order a Service that was not supposed to have been released for sale, then Nyx or the Organizer/Subscriber will have the right to cancel that Service (or the order for that Service) and refund to User the amount that they paid. This will apply regardless of whether the error happened because of human error or a transactional malfunction of the Website, in the Application or in Nyx' Apps or other Nyx, Subscriber or Organizer operated system.

6.17. ORGANIZER RULES; EJECTION AND CANCELLATION; REDEMPTION VALUE

6.17.1.
User agrees to comply with all the Subscribers' and/or Organizers' applicable rules, policies, terms and conditions ("Organizers' Rules"). Subscribers and/or Organizers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with Organizers' Rules. Breach of terms or rules will terminate User's license to attend the Event without refund. A Membership (paid or unpaid), Ticket or admission or any other Services is a revocable license and admission may be refused upon refunding the face amount of the relevant Service. A Service is not redeemable for cash.

6.17.2.
User may be required to present valid government-issued ID along with their membership cards, Ticket(s), etc. Failure to do so may lead to rejection by the Subscriber/Organizer. Rejection for this reason does not warrant a refund of Paid Services.

6.17.3.
For Paid Services made available via memberships on a recurring billing model (Paid Memberships) User accepts that the Subscriber/Organizer may not always be able to provide these Services due to venue capacity limitations. This applies in situations where the Subscriber/Organizer cannot legally, or with regards to the safety of their customers, let additional people enter the premises or venue at which a Service or Paid Service is to be consumed by User. User understands that these are extraordinary circumstances and that this alone does not warrant a refund of subscription-based purchases (Paid Memberships). If User is unsatisfied with the Subscriber's/Organizer's ability to provide Services as promised, User must contact the Subscriber/Organizer directly to request a partial or full refund. Subscriber/Organizer is not obliged to grant such requests for refunds and Nyx cannot override their decision.

6.18. RECORDING, TRANSMISSION & EXHIBITION

6.18.1.
User agrees that the Event for which User purchase Services is a public event, that User's appearance and actions inside and outside the venue where the Event occurs are public in nature, and that User has no expectation of privacy with regard to their actions or conduct at the Event. User grants permission to Nyx and the Subscribers and/or Organizers to utilize their name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, User or anyone acting on User's behalf.

6.19. YOU ARE SUBJECT TO SEARCH

6.19.1.
User and User's belongings may be searched on entry to the venue for which their Membership, Paid Membership, Ticket or admission apply. User consents to such searches and waive any related claims that may arise. If User elects not to consent to such searches, User may be denied entry to the Event without refund or other compensation. Under certain venue rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

6.20. DISPUTES & CHOICE OF LAW

6.20.1.
These Terms and Conditions, including the Disclaimer and the contents of the Website, the Application and/or the Nyx Apps, as well as the Nyx' Terms of Use, shall be governed exclusively by Danish law without regard to any conflict of law rules.

6.20.2.
Any dispute arising out of or in relation to these Terms and Conditions, the Services and/or the Website, the Application and/or the Nyx Apps and/or the Nyx' Terms of Use shall, if it cannot be solved amicably, be subject to the sole and exclusive jurisdiction of the District Court of Copenhagen, Denmark, subject to normal appeal under applicable Danish law.

Nyx Systems - Terms & Conditions For Tickets & Paid Memberships
Rev. 2, August 2021

8. IDENTITY VERIFICATION - back to top

8.1. ACCEPTANCE OF USE

8.1.1.
Nyx provides an identity verification service that allows User to create a digital version of their Physical ID (hereafter referred to as "Nyx Verified ID"). The purpose of this ID is to perform age and identity verification for Subscribers and allow entry to venues or areas that may be subject to age or membership restrictions, such as nightclubs, bars, event areas, concerts etc.

8.1.2.
Nyx is offering the identity verification service directly to the User at a cost. The cost of the service is listed at the time of purchase and is a one-time fee per verification attempt. The contracting party of the service is Nyx.

8.1.3.
Nyx will provide a list of Identity Verification Rules (hereafter referred to as "the rules") for the purchase of a Nyx Verified ID at the time of purchase which the user must adhere to at all times. Failure to comply with the rules may cause Users submission to be rejected without a refund. The rules may include parameters like requirement for proper lighting, accepted document types and approved headwear or accessories, such as sunglasses, make-up, body paint or other elements that may cause validation of Identity Data to be imprecise or impossible.

8.1.4.
Users' purchase of Nyx Verified ID shall in relation to Nyx be subject to Nyx' Terms of Use and Disclaimer, which are available at legal.nyxapp.net.

8.1.5.
Nyx reserves the right to revoke or reject any submissions of Identity Data that is invalid, partial, of low quality or in other ways insufficient to provide a legal basis for Nyx to issue a Nyx Verified ID to Users. In cases of rejections or revocations, Nyx may offer the User to retry their submission at no cost, but is not obligated to.

8.2. DEFINITIONS

8.2.1.
All definitions of Nyx' Terms of Use shall apply, and in addition;

"Physical ID" means a physical identification document, such as a passport, driver's license, social security card or any other government or non-government issued form of photo identification.

"Nyx Verified ID" means the final product provided by Nyx, i.e. a digital ID which can substitute a Physical ID.

"Identity Verification Rules" means any rules set forth by Nyx which outline the requirements for Identity Data.

"Stripe" means Stripe Payments Europe, Limited (“SPEL”) or Stripe Technology Europe, Limited (“Stripe PSP”).

"Selfie" means a photo taken by Users of their own face for verification of biometric features.

"Identity Data" covers any photo or video of Physical ID, any Selfie or information (such as, but not limited to, name, date of birth, place of birth, gender/sex indicators, social security number, passport number, driver's license number and issuing country and/or authority) as well as any biometric or cryptographic data associated with these documents. Stripe may retain copies of this information in accordance with their privacy policy for Stripe Identity which can be found at https://stripe.com/legal/identity.

8.3. SERVICE PROVIDER

8.3.1.
In order to issue a Nyx Verified ID, Nyx uses the Identity product delivered by Stripe. For details about Stripe or their Identity product, please visit https://stripe.com/identity.

8.4. DATA RETENTION

8.4.1
Nyx and Stripe will retain a copy of the submitted Identity Data for as long as User wishes to be able to access their Nyx Verified ID. Identity Data is always removed when User deletes their Nyx account in accordance with Nyx' Terms of Use and data retention policies. User may request to delete their Nyx Verified ID, which will also mark their Identity Data for deletion. After a Nyx Verified ID has been deleted, the associated Identity Data will be removed as soon as possible, except in cases where Nyx is legally obligated to retain the information, such as in cases of fraud of if compelled by law. In such cases Nyx may choose to reject requests for data deletion in accordance with section 3.e of Article 17 of the GDPR.

8.4.1
User can request for their Identity Data to be removed by deleting their Nyx Verified ID using the Nyx Apps or Website. If user deletes their Nyx Verified ID, User also forfeits any payment User made to access their Nyx Verified ID.

8.5. VALIDITY

8.5.1.
Nyx Verified ID is not certified by any government agency. Nyx cannot guarantee that Nyx Verified ID will be accepted in place of Physical ID at any venue, unless explicitly stated. For questions about validity, User should consult with the venue, corporation or place of business at which User wishes to utilize Nyx Verified ID as a substitute to Physical ID.

8.5.2
Nyx assumes no liability for any legal issues Nyx Verified ID may cause to Users, Subscribers or any other business or entity that chooses to accept Nyx Verified ID in place of a Physical ID.

8.6. FRAUD

8.6.1.
If User submits fraudulent, misleading or incorrect Identity Data in attempt to make Nyx issue a Nyx Verified ID based on incorrect information, Nyx reserves the right to retain all Identity Data submitted by the User and share it with the appropriate law enforcement agency, depending on current legislation and location of User or Nyx.