Terms of use

These Terms of Use govern the use of the Birsdy platform, which enables event organisers to use software for accepting bookings, managing time slots and administering events.

By using the Birsdy platform, registering a user account or using any functionality of the platform, the subscriber or user confirms that they are familiar with these Terms of Use, understand them and agree to them.

These Terms of Use constitute general terms and conditions within the meaning of the Code of Obligations of the Republic of Slovenia and are binding as contractual provisions between the provider and the subscriber.

The provider reserves the right to amend these Terms of Use. Users will be notified of material changes within a reasonable period, and continued use of the platform after the changes take effect constitutes acceptance of the amended terms.

The Birsdy service is currently managed by the Birsdy team (in formation). By registering, you agree to use the system in the early access phase.

Birsdy is a software-as-a-service (SaaS) solution designed for event organisers, enabling digital management of bookings, time slots and event administration.

The platform enables subscribers in particular to accept and manage bookings, manage time slots, manage user access and use additional features in accordance with the selected subscription plan.

The platform may also include automated email notifications and access to basic usage statistics, the scope of which depends on the selected subscription plan.

The set of features, scope of access and individual platform functions may change, be upgraded or extended over time due to service development, improvements or technical reasons.

The subscriber is solely responsible for the content, accuracy and legality of data entered or processed via the Birsdy platform.

To use the Birsdy platform, the subscriber must create a user account and provide truthful, accurate and up-to-date information. A user account may only be created by an adult with full legal capacity.

The subscriber is responsible for safeguarding the access credentials to their user account and for all activities carried out through their account or the accounts of users to whom they have granted access to the platform.

The provider is not liable for damages arising from unauthorised access to or misuse of a user account where this occurred as a result of the subscriber's actions, omissions or inadequate protection of access credentials by the subscriber or persons to whom the subscriber has granted access to the platform.

Birsdy acts exclusively as a software provider for booking and event management.

The platform provider:

The subscriber is solely responsible for the organisation, execution and all conditions of each individual event.

The subscriber undertakes to use the Birsdy platform in accordance with applicable law and in a manner that does not harm the operation of the platform, the provider or third parties.

In particular, the following uses of the platform are prohibited:

The subscriber is solely responsible for all content and data entered or processed via the Birsdy platform.

In the event of a breach of these terms, the provider reserves the right to temporarily or permanently restrict or terminate access to the platform without prior notice.

Use of the Birsdy platform is subject to a monthly or annual subscription fee in accordance with the selected subscription plan.

Details of prices, plan contents, billing periods and any promotions are published on the Birsdy platform website and may vary from time to time.

The subscriber confirms their choice of subscription plan within the platform or during the order process, thereby entering into a subscription relationship for the selected billing period.

The subscription is billed in advance and automatically renews for the same billing period unless the subscriber cancels in time.

Payments are processed through an external payment service provider (e.g. Stripe). The platform provider does not process or store payment card data or other payment instruments.

In the event of a failed or declined payment, the subscriber is responsible for settling the subscription fee in a timely manner.

The subscriber may cancel their subscription at any time. Upon cancellation, the subscriber is not entitled to a refund of amounts already paid for the current billing period, unless expressly stated otherwise.

The provider reserves the right to change prices or subscription plans. Subscribers will be notified of material changes within a reasonable period before they take effect.

Unless expressly stated otherwise, all prices are quoted exclusive of value added tax (VAT), which is charged in accordance with applicable law.

The Birsdy platform is available under various subscription plans that differ in the scope of functionality and available services.

The current description of subscription plans, including included features and prices, is published on the Birsdy platform website and applies at the time the subscription relationship is entered into.

The provider reserves the right to change the structure of subscription plans or their features in accordance with these Terms of Use.

Under subscription plans, the subscriber has access to features that are part of the standard offering of the Birsdy platform.

Additional customisations or bespoke solutions that exceed the scope of the standard features of a given plan and require intervention in the operation, configuration or development of the platform (e.g. special customisations of the booking form, additional logic or features) may be charged separately.

The scope, price and conditions of additional customisations are agreed individually, may depend on the selected subscription plan and are generally charged on a one-off basis unless expressly agreed otherwise.

The implementation of additional customisations does not mean that these automatically become part of the standard functionality of the Birsdy platform.

The provider reserves the right not to implement certain customisations if they are not consistent with the design or direction of the platform.

If the subscriber does not settle the subscription fee when due, the provider reserves the right to send a reminder with an additional payment deadline.

If the subscriber does not settle the outstanding amount within the additional period, the provider may temporarily restrict access to the Birsdy platform (e.g. disable editing of data) until the outstanding obligations are settled.

If the subscriber does not settle their obligations within 30 days of the access restriction, the provider reserves the right to terminate the subscription relationship.

Prior to permanent deletion of data, the subscriber has the opportunity to export their data within a reasonable period (up to 90 days).

Upon termination of the subscription relationship, data will be deleted or anonymised within a reasonable period, except in cases where the law requires longer retention.

The subscriber may cancel their Birsdy subscription at any time via their user account or in writing to the provider's contact email address.

Cancellation takes effect at the end of the current billing period, after which the subscription will not be renewed and further billing will cease.

After cancellation, the subscriber is not entitled to a refund of subscription fees already paid for the current billing period.

In the case of an annual subscription, amounts already paid will not be refunded upon early cancellation, unless expressly agreed otherwise.

The provider reserves the right to cancel the subscriber's subscription or temporarily restrict access to the Birsdy platform in the following cases:

(a) Cancellation for business reasons:

The provider may cancel the subscription with reasonable notice. The subscriber will have access to the platform until termination and the opportunity to export their data within a reasonable period.

(b) Cancellation due to breach:

The provider may immediately cancel the subscription or temporarily restrict or disable access to the platform if the subscriber seriously or repeatedly breaches the Terms of Use, uses the platform for unlawful purposes, endangers the security of the system or fails to settle their obligations even after a reminder.

In the event of cancellation due to a breach, the subscriber is not entitled to a refund of amounts already paid.

The provider will, where reasonable, give the subscriber the opportunity to remedy the breach before final termination, except in cases of serious misuse or security risks.

Subscription payments are processed through an external payment service provider (e.g. Stripe).

The provider does not process or store payment or credit card data.

The terms of use and rules of the selected payment service provider also apply to the processing of payments.

The subscriber is responsible for ensuring that they are authorised to use the payment instruments they provide.

The provider offers subscribers support in relation to the technical operation of the Birsdy platform within a reasonable scope through available communication channels.

Support is intended for resolving technical questions, errors and issues related to the operation of the platform, and does not include carrying out the subscriber's operational tasks (e.g. entering data, managing bookings or settings) that the subscriber can perform independently using the platform.

In the event of excessive or inappropriate use of support that is not related to technical issues with the platform, the provider reserves the right to limit the scope or manner of further support.

When using the Birsdy platform, the subscriber typically acts as the data controller for the personal data of their customers, while the Birsdy platform provider acts as the data processor within the meaning of applicable personal data protection legislation.

For personal data relating to the subscriber's user account, subscriptions, billing and communication in connection with the operation of the platform, the provider acts as an independent data controller.

The provider processes personal data solely for the purpose of providing, maintaining and improving the Birsdy platform and in accordance with the Privacy Policy, which forms an integral part of these Terms of Use.

The provider may use external service providers (e.g. hosting, email services, payment services) for the operation of the platform, who process data on behalf of the provider.

Upon termination of the subscription relationship, the subscriber has the opportunity to export their data within a reasonable period, after which the data will be deleted or anonymised, except where the law requires otherwise.

The provider implements appropriate technical and organisational measures to protect personal data in accordance with applicable personal data protection legislation (GDPR).

Details of security measures are not publicly disclosed in order to maintain the security of the information system.

The provider strives to ensure reliable and secure operation of the Birsdy platform, but cannot guarantee the absolute security of data or the complete absence of security incidents.

The subscriber is responsible for safeguarding their access credentials, properly managing user roles and using the platform lawfully.

The subscriber is responsible for the lawful processing of personal data of their customers processed using the Birsdy platform and for compliance with applicable personal data protection legislation.

The subscriber is obliged to adequately protect access to their user account, manage user permissions and use the platform securely.

The provider is not liable for personal data breaches or other harmful events resulting from the actions or omissions of the subscriber or persons to whom the subscriber has granted access to the platform.

The subscriber is responsible for the lawful use of the Birsdy platform in their business processes, including ensuring appropriate legal bases for customer communications, the accuracy of content and compliance with relevant regulations applicable to their activity.

The provider may notify the subscriber about the operation of the Birsdy platform, subscriptions, technical notices, changes to the service and other information directly related to the use of the platform.

Such notices may be sent by email or through other communication channels associated with the subscriber's user account.

Occasional notices about new features or improvements to the platform may be sent in accordance with applicable law, and the subscriber always has the option to unsubscribe from such communications.

The Birsdy platform is provided on an "as is" and "as available" basis. The provider does not warrant that the operation of the platform will be uninterrupted, error-free or fully tailored to the specific needs of the subscriber.

The provider does not warrant business results for the subscriber and is not liable for the cancellation, modification or organisation of events managed by the subscriber using the platform.

To the maximum extent permitted by law, the provider is not liable for direct or indirect damages, loss of revenue, profit, business opportunities or data arising from the use or inability to use the platform.

The subscriber is solely responsible for the content, data and settings entered into the platform and for the conduct of persons to whom they grant access to the user account.

The provider reserves the right to modify, upgrade, restrict or temporarily suspend the operation of individual features of the platform at any time for maintenance, security or service development purposes.

All intellectual property rights relating to the Birsdy platform, including the software, source code, features, visual design, content, data structures and other elements of the service, belong to the platform provider or its licensors and are protected by copyright and related rights legislation and other applicable intellectual property law.

By using the Birsdy platform, the subscriber obtains a non-transferable, non-exclusive and time-limited licence to use the platform solely for their own business purposes and within the scope of the selected subscription plan.

The subscriber is not permitted to:

Termination of the subscription relationship also results in termination of the licence granted to use the platform.

The parties undertake to treat all non-public business, technical or other information obtained in the course of using the Birsdy platform or the contractual relationship as confidential and to use it solely for the purpose of carrying out that relationship.

Confidential information may only be disclosed to persons who strictly need it for the performance of the service or contractual relationship and who are bound by confidentiality obligations.

The obligation of confidentiality also applies after the termination of the subscription relationship, unless the law provides otherwise.

The provider reserves the right to upgrade, improve, modify or restrict the functionality of the Birsdy platform where necessary due to service development, system security, technical reasons or legislative requirements.

The provider may modify, replace or discontinue individual features if this does not materially affect the core purpose of the platform.

Users will be notified of significant changes via the system or by email within a reasonable period.

The subscriber may cancel their subscription in accordance with the terms of their selected subscription plan.

The provider reserves the right to temporarily or permanently restrict or disable access to the Birsdy platform in the event of breaches of these Terms of Use or unlawful use of the platform.

Termination of access to the platform does not affect the subscriber's obligations that arose prior to termination.

The Birsdy platform may use third-party services for its operation (e.g. cloud hosting providers, email services, payment services or other technical providers). These services are subject to the terms and technical standards of the respective providers, over which the Birsdy platform provider has no direct control.

The provider is not liable for the availability, operation or any disruptions to third-party services that may affect the operation of the platform.

If changes or outages at third-party services affect the operation of the platform, the provider will notify subscribers where reasonably practicable.

The provider is not liable for non-performance or delays in the performance of obligations under these Terms of Use if these result from circumstances beyond its control (force majeure), such as natural disasters, epidemics, power or internet outages, disruptions to third-party providers or other unforeseeable events.

During a force majeure event, the provider may temporarily restrict or suspend the operation of the Birsdy platform to the extent necessary to protect the system, infrastructure or data.

Where reasonably practicable, the provider will notify subscribers of the occurrence of such circumstances in a timely manner.

These Terms of Use are governed by the law of the Republic of Slovenia.

The parties will endeavour to resolve any disputes amicably. If an amicable resolution is not possible, the competent court in Ljubljana shall have jurisdiction.

For questions regarding the platform, please contact:

[email address]