Terms & Conditions

By downloading, installing, or using the Hotspots application ("App") or visiting the Hotspots website ("Website"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the App or Website.

These Terms constitute a legally binding agreement between you ("User") and Hotspots (as defined in Section 14). By continuing to use our services, you confirm that you have read, understood, and accept these Terms.

We may update these Terms from time to time. We will notify you of material changes by publishing the updated Terms on this page and, where required by law, by sending you a direct notification. Your continued use of the App or Website after the effective date of any update constitutes acceptance of the revised Terms.

You must be at least 16 (sixteen) years of age to create an account and use the App or Website. By using our services, you confirm that you meet this age requirement. If you are under 16, you must not use the App or Website.

In jurisdictions where the age of digital consent is higher than 16, the applicable local age threshold applies. We reserve the right to verify your age and to terminate your account if we become aware that you do not meet the applicable age requirement.

If you are between 16 and 18 years of age, you represent that you have obtained the consent of a parent or legal guardian to use our services, to the extent required by applicable law.

To access certain features of the App, you will need to create an account. When creating your account, you must provide accurate, complete, and current information. You are responsible for safeguarding your account credentials and for any activities or actions carried out under your account.

You must not share your account credentials with any third party. You must notify us immediately of any unauthorized use of your account or any other breach of security. We shall not be liable for any losses or damages arising from your failure to comply with this obligation.

We reserve the right to terminate or suspend your account at any time, with or without cause, and without prior notice, if we reasonably believe that you have violated these Terms or applicable law.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App and Website for their intended purpose — discovering and attending events in your local area.

You must not, and you agree not to:

• Use the App or Website for any unlawful, fraudulent, or harmful purpose; • Attempt to gain unauthorized access to any part of our systems or infrastructure; • Upload, transmit, or share content that is defamatory, discriminatory, harassing, or otherwise offensive; • Impersonate another person or misrepresent your identity; • Interfere with or disrupt the integrity or performance of the App, Website, or associated servers and networks; • Scrape, crawl, or extract data from our services without prior written permission; • Use automated tools, bots, or scripts in connection with our services without our express consent; • Circumvent any technical measures or access controls implemented by us.

Any use of the App or Website in violation of these Terms may result in immediate termination of your access.

The App and Website allow you to upload, submit, or share content including but not limited to profile information, event reviews, photos, and other materials ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, and display your User Content solely for the purpose of operating and improving our services.

You represent and warrant that:

• You own or have the necessary rights to share the User Content you submit; • Your User Content does not infringe any third-party intellectual property rights; • Your User Content complies with these Terms and all applicable laws.

We are not responsible for any User Content uploaded by third parties. We reserve the right to remove any User Content that we believe violates these Terms or applicable law, without prior notice.

The App and Website provide information about events organised by third parties ("Event Organisers"). We act solely as an information platform. We do not organise, host, or guarantee the quality, safety, legality, or availability of any event listed on our platform.

Any relationship you enter into with an Event Organiser is solely between you and that organiser. We are not a party to any such arrangement and shall not be liable for any disputes, damages, or losses arising from your participation in or attendance at any event.

Event information displayed on our platform — including dates, locations, entry fees, and guest lists — is provided on an "as is" basis. We make no warranties regarding the accuracy or completeness of such information. You are encouraged to verify event details directly with the organiser before attending.

All intellectual property contained in the App and Website — including but not limited to logos, brand names, text, graphics, software, and the underlying technology — is the property of Hotspots or its licensors and is protected by applicable intellectual property laws.

Nothing in these Terms grants you any rights in or to our intellectual property other than the limited license described in Section 4. You must not reproduce, distribute, modify, create derivative works from, or otherwise exploit any of our intellectual property without our prior written consent.

You must not use any of our trademarks, service marks, or logos without our express written permission.

We are committed to protecting your personal data. The collection, use, and processing of your personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference.

As Hotspots is an Austrian company, the processing of your personal data is subject to the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Austrian Data Protection Act (Datenschutzgesetz). By using our services, you acknowledge that your personal data may be processed in accordance with our Privacy Policy and applicable data protection law.

You have the right to access, rectify, erase, and port your personal data, as well as the right to restrict or object to its processing, in accordance with the GDPR. Please refer to our Privacy Policy or contact us directly to exercise these rights.

To the extent permitted by applicable law, Hotspots shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, goodwill, or reputation — arising out of or in connection with your use of the App or Website, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising under or in connection with these Terms shall not exceed the amount you have paid to Hotspots in the twelve (12) months preceding the claim — or, if no amounts have been paid, EUR 0.00.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory applicable law, including liability for death or personal injury caused by negligence.

The App and Website are provided on an "as is" and "as available" basis, without any warranties of any kind — whether express or implied. To the extent permitted by applicable law, we disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the App or Website will function without interruption, error, or omission, or that any defects will be corrected. We do not guarantee that the content available through our services is accurate, complete, or free from viruses or other harmful components.

Certain jurisdictions do not allow the disclaimer of implied warranties. To the extent that any such disclaimer is not permitted, it is excluded from this provision.

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Hotspots and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the App or Website; • Any User Content you submit; • Your violation of these Terms; • Your violation of any applicable law or the rights of any third party.

This indemnification obligation does not apply to the extent that the claim arises from our own negligence or wilful misconduct.

You may terminate your account at any time by contacting us or using the account deletion feature within the App. Upon termination, your right to use the App and Website will immediately cease.

We may terminate or suspend your access to the App or Website, with or without cause and with or without prior notice, if we reasonably believe that you have breached these Terms or if required by applicable law.

Upon termination for any reason, the provisions of these Terms that by their nature are intended to survive — including Sections 7, 9, 10, 11, 13, and 14 — shall continue to apply.

In the event of any dispute arising out of or in connection with these Terms or the use of the App or Website, you and Hotspots shall first attempt to resolve the matter amicably through good-faith negotiations.

If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the matter to the competent courts. Notwithstanding the foregoing, you or Hotspots may seek injunctive or other equitable relief from any court of competent jurisdiction at any time.

Nothing in this section limits your right to bring a complaint to the relevant supervisory authority or to seek judicial redress, as guaranteed under applicable EU law.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict-of-law principles.

Any legal proceedings arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Vienna, Austria.

If you are a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) or EU consumer law, you may also bring proceedings before the courts of your home jurisdiction. The above choice of jurisdiction does not affect your right to seek relief in your local courts to the extent guaranteed by applicable consumer protection law.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hotspots with respect to the subject matter herein and supersede all prior or contemporaneous agreements, whether written or oral.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. The section headings in these Terms are for convenience only and shall not affect their interpretation.

Hotspots may assign these Terms or any of its rights and obligations hereunder without your consent. You may not assign these Terms without our prior written consent.