BRENTHIX ORGANIZER TERMS OF USE
Version: 1.2
1. Service Provider
The Brenthix Platform is operated by:
ForBITS s. r. o.
Jazerná ulica 8025/9
921 01 Piešťany
Slovak Republic
Company ID: 51 892 634
Tax ID: 2120824475
VAT ID: SK2120824475
registered for Slovak VAT under Section 4 since 15 October 2018
Registered in the Commercial Register of the District Court Trnava, Section Sro, Insert No. 42881/T.
Contact email: support@brenthix.eu
In these Terms, ForBITS s. r. o. may also be referred to as “ForBITS”, “Brenthix”, “we”, “us”, or the “Provider”.
2. Purpose and Scope
2.1. These Brenthix Organizer Terms of Use (“Terms”) govern the contractual relationship between ForBITS and the person or organization using Brenthix to create, manage or operate events (the “Organizer”).
2.2. Brenthix is software for event and registration management. Depending on the features used, it may provide event creation, disciplines and categories, participant registrations, orders, packages and add-ons, vouchers, online payments, offline payment recording, refunds, communications, data exports and administrative tools.
2.3. Brenthix is not the organizer or operator of a sporting or other event made available through the Platform. The contract relating to participation in a particular Event is between the Organizer and the participant, or another person purchasing a registration or related item.
2.4. These Terms do not replace the Organizer's event-specific terms, participation rules, event regulations, refund policy or other documents addressed to participants.
3. Who May Use Brenthix as an Organizer
3.1. Organizer functionality may only be used by a person or entity acting in its business, professional, organizational, nonprofit or public-law capacity.
3.2. Brenthix is intended primarily for:
a) companies and other commercial legal entities;
b) sole traders and other self-employed persons acting professionally;
c) associations, sports clubs, foundations, nonprofit organizations and similar organizational bodies;
d) municipalities, cities and similar public-law bodies.
3.3. Brenthix is not intended for an individual acting as an Organizer outside a business, professional or organizational activity in the capacity of a consumer.
3.4. Any person creating an Organizer account, accepting these Terms or acting as an administrator represents that they are authorized to represent or act on behalf of the relevant Organizer to the extent required.
3.5. The Organizer must provide accurate, current and complete legal, contact, billing and tax information and keep that information up to date.
3.6. The Organizer is responsible for the accuracy, completeness and currency of the legal, billing, tax and other information it provides to Brenthix. Automatic validation or verification by Brenthix does not transfer responsibility for the accuracy of that information to Brenthix. The Organizer must update the information without undue delay whenever it changes.
4. Formation of the Agreement and Acceptance
4.1. The contractual relationship between ForBITS and the Organizer is formed when an authorized person electronically accepts the then-current version of these Terms through the Platform, unless the Platform specifies a later activation point.
4.2. Brenthix records, among other things, the accepted Terms version, date and time of acceptance and the account through which acceptance was made.
4.3. An Organization may remain inactive until all onboarding requirements displayed in the Platform are satisfied, including required legal and billing information, acceptance of these Terms, required account security, successful payment-account setup and applicable tax requirements.
4.4. If onboarding is not completed within the deadline displayed in the Platform, Brenthix may mark the onboarding as expired. Obligations arising before expiry remain unaffected.
5. Accounts, Users and Permissions
5.1. An Organizer may have multiple authorized users with the roles and permissions supported by the Platform.
5.2. The Organizer is responsible for deciding who is granted access to its Organization and which permissions are assigned.
5.3. Actions performed by an authorized user within their assigned permissions are treated as actions of the Organizer.
5.4. The Organizer must promptly revoke or change access for any person who is no longer authorized to act for the Organizer.
5.5. Users of the Organizer must use multi-factor authentication to access the Organization's administrative functions. Multi-factor authentication is mandatory for that access.
5.6. The Organizer and its users must protect passwords, authentication factors, backup codes, devices and other authentication credentials against unauthorized use.
5.7. Suspected account compromise or another security incident must be reported promptly to support@brenthix.eu.
6. Organizer Responsibilities for the Event
6.1. The Organizer is solely responsible for the Event itself, including its preparation, organization, operation and content.
6.2. The Organizer is responsible in particular for:
a) the accuracy and completeness of Event information;
b) venue, date and time, disciplines, capacities and participation conditions;
c) permits, notifications, consents and insurance where required;
d) Event safety and compliance with applicable sporting or activity rules;
e) legal obligations towards participants;
f) participation terms and the Organizer's refund policy;
g) decisions to cancel, suspend, postpone or materially change the Event;
h) pricing and descriptions of registrations, packages, add-ons and other Organizer offerings;
i) fulfilment of merchandise, race packs and other items or benefits offered by the Organizer;
j) participant communications relating to the Event itself.
6.3. Brenthix provides technical tools for publishing and administering Event information but does not ordinarily perform legal, safety or factual verification of information entered by the Organizer.
6.4. The Organizer must not use the Platform for an Event or activity that is illegal, fraudulent, deceptive or capable of materially harming participants, third parties, Brenthix or the integrity of the Platform.
7. Event Terms and the Participant Relationship
7.1. The Organizer must establish and make available to participants all terms necessary for participation in its Event.
7.2. Event terms may include participation rules, age or health requirements, participant substitution rules, cancellation, refunds, registration transfers, Event cancellation or modification, and delivery rules for purchased products.
7.3. Where Brenthix allows the Organizer to attach Event terms or require participant acceptance during registration, the Organizer remains responsible for their content, accuracy, legality and proper configuration.
7.4. Organizer terms may not exclude participant rights that cannot lawfully be excluded under applicable law.
7.5. Brenthix is not a party to the contract between the Organizer and participant for Event participation, merchandise or another Organizer-provided benefit unless expressly stated otherwise for a specific service.
7.6. The Organizer is responsible for issuing invoices, receipts and other documents to participants for the registrations, packages, merchandise and other items it sells, and for its own tax, VAT and accounting obligations arising from those sales. ForBITS does not issue such documents on behalf of the Organizer and is not the seller of those items.
8. Registrations, Orders and Capacity
8.1. Brenthix records registrations and orders according to the Event configuration established by the Organizer.
8.2. The Organizer is responsible for correctly configuring capacities, disciplines, categories, prices, time windows, packages, vouchers and other commercial rules.
8.3. An unpaid order may reserve capacity and voucher usage until its expiry or manual cancellation in accordance with the Event configuration.
8.4. If the Organizer disables automatic expiry of unpaid orders, it acknowledges that such orders may reserve capacity and related benefits indefinitely until resolved by the Organizer or another authorized process.
8.5. Price, discount, packages and other commercial characteristics of an order may be stored as a transaction snapshot when the order is created. Later changes to pricing, vouchers or packages will generally not alter an existing valid order.
8.6. The Organizer is responsible for administrative actions through which it marks an order as paid, cancels an order, authorizes a capacity or voucher-limit override, or performs another manual reconciliation.
9. Payments through Stripe Connect
9.1. Online payments in Brenthix are processed using Stripe and Stripe Connect.
9.2. Under the Brenthix payment model, the Organizer is connected through its own Stripe Connected Account and receives participant payments using the payment structure supported by the Platform.
9.3. Brenthix currently primarily uses Stripe Connect Direct Charges, under which participant payments are created on the Organizer's connected Stripe account.
9.4. The Organizer must complete Stripe onboarding, provide accurate information to Stripe, maintain its account in a state required to accept payments and comply with the Stripe terms applicable to its Connected Account.
9.5. By using payment functionality, the Organizer authorizes Brenthix, to the extent required to provide the Platform, to:
a) create and manage payment requests and payments relating to Brenthix orders;
b) use payment-status data to synchronize orders and registrations;
c) create and collect the agreed Platform Fee, together with any VAT applicable to it, automatically as an application fee on each successful online payment;
d) initiate a refund where the Organizer authorizes it through an available function or where a refund forms part of a predefined Brenthix safety or correction process;
e) cancel or update payment attempts in accordance with the order lifecycle;
f) receive and process Stripe webhooks and other information necessary to reconcile payment status;
g) retrieve payment-account readiness information required by the Platform.
9.6. Brenthix will not conduct other activity on the Organizer's Stripe account except activity required to provide functionality authorized by the Organizer through use of the relevant feature, these Terms or a separate agreement, or activity required by law or Stripe rules.
9.7. Stripe processing fees are separate from Brenthix fees and are governed by Stripe's terms.
9.8. The Organizer is responsible to its participants for goods and services it sells or provides and bears refunds, chargebacks, disputes and negative balances of its Stripe Connected Account to the extent arising under Stripe rules and applicable law.
10. Brenthix Platform Fee
10.1. ForBITS is entitled to a Platform Fee for chargeable use of the Platform.
10.2. Unless a different rate is transparently displayed and accepted for a particular Event, the standard Platform Fee rate is 1%.
10.3. For each chargeable transaction or applicable billing entry, Brenthix records the rate, Platform Fee basis and calculated fee. The Organizer must be able to review this information.
10.4. The rate applicable to a particular transaction is snapshotted when the transaction arises and may not later be changed to the Organizer's detriment.
10.5. The Platform Fee becomes due when an online payment of an order is successfully settled through Stripe Connect. No Platform Fee arises for an order without a payment or for an order that an authorized Organizer user records as paid offline or in cash.
10.6. The Platform Fee is consideration for the Platform service provided in connection with the settled transaction and is non-refundable, except for a technical correction of a payment that should not have been treated as validly settled under Brenthix rules, or where ForBITS expressly decides otherwise.
10.7. If the Organizer grants the participant a full refund, the participant should receive the amount to which they are entitled without deduction of the already-earned Brenthix Platform Fee. The economic cost of that Platform Fee is borne by the Organizer.
10.8. A subsequent partial or full participant refund does not by itself reduce an already-earned Platform Fee, except for technical corrections under Section 10.6.
10.9. If an amount corresponding to the Platform Fee is returned through Stripe, for example by technical refund processing, ForBITS records it but does not claim it back from the Organizer in a later billing period.
10.10. Platform Fees are stated exclusive of VAT unless expressly stated otherwise. Where VAT applies, it is added to the Platform Fee and collected together with it. The applicable VAT treatment is determined in accordance with applicable law, taking into account the Organizer's place of establishment, tax status and relevant tax registration details. The reverse charge mechanism is applied where its legal conditions are met and the Organizer's relevant tax status has been satisfactorily verified by ForBITS, including through VAT identification number validation or other legally acceptable evidence. The Organizer is responsible for providing accurate and up-to-date tax information and, where reverse charge applies, for accounting for VAT in accordance with applicable law.
10.11. Brenthix will not retroactively change the rate or calculation method applicable to an already-settled transaction.
10.12. The Platform Fee, including any VAT applicable to it, is collected automatically through Stripe Connect at the time of the payment. As a rule, the Organizer is not required to make any additional payment for Platform Fees collected in this way; an additional payment arises only exceptionally, in particular where required by law, where it results from incorrect, incomplete or outdated information provided by the Organizer (Section 10.13) or where agreed individually, and is settled by invoice.
10.13. ForBITS may rely on the information, VAT identification numbers and declarations provided by the Organizer and on the results of VAT identification number validation, and is not obliged to investigate their accuracy. If incorrect, incomplete or outdated information provided by the Organizer results in VAT being charged, collected or accounted for incorrectly, the Organizer bears the resulting VAT, interest, penalties and reasonable costs, which ForBITS may charge by invoice.
11. ForBITS Billing
11.1. ForBITS maintains records of Platform Fees arising in each billing period.
11.2. ForBITS issues the Organizer, retrospectively for each calendar month, a consolidated invoice for the Platform Fees collected in that month, based on the records maintained in Brenthix. The invoice documents fees already collected through Stripe Connect and, as a rule, does not require a further payment from the Organizer (Section 10.12).
11.3. Billing covers Platform Fees actually collected through Stripe Connect from settled online payments, including the VAT applicable to those Platform Fees. Offline and cash payments recorded in Brenthix do not give rise to a Platform Fee.
11.4. An invoice may contain an aggregate amount together with a reference or supporting detail enabling the Organizer to trace the relevant transactions.
11.5. The Organizer must keep its billing and tax information current.
11.6. If the applicable tax treatment cannot safely be determined due to incomplete or inconsistent tax information, Brenthix may prevent Organization activation or further chargeable activity until the issue is resolved.
12. Refunds, Event Cancellation and Changes
12.1. The Organizer determines its Event refund policy within the options supported by Brenthix and subject to applicable law.
12.2. The Organizer is responsible for ensuring that the refund policy is clearly available to the participant before registration is completed.
12.3. Decisions to cancel, postpone or materially change an Event are made by the Organizer. The Organizer is responsible for related communications and its obligations to participants.
12.4. Brenthix may provide technical tools for full or partial refunds or other remedies supported by the Platform.
12.5. Brenthix may perform an automatic technical refund where a payment is completed in a state in which it should not have been definitively accepted under the order lifecycle, such as a late payment after definitive order expiry.
12.6. If a refund fails for technical, financial or other reasons, the transaction may be marked for manual review. The Organizer must provide appropriate cooperation and sufficient funding in its Stripe account where necessary.
12.7. The Organizer acknowledges that Stripe processing fees and other third-party charges are governed by separate rules and may not be returned upon refund.
13. Chargebacks and Payment Disputes
13.1. A chargeback or other participant dispute concerning payment for an Event primarily concerns the Organizer's supply to the participant.
13.2. The Organizer must provide information and evidence reasonably required to respond to the dispute.
13.3. Brenthix may provide technical or administrative assistance in handling a dispute, particularly where the Stripe integration requires Platform action.
13.4. The Organizer bears the financial effects of chargebacks, refunds, Stripe fees or negative balances to the extent arising from its transaction, its obligations towards the participant and Stripe rules, except to the extent directly caused by a demonstrable breach by ForBITS.
14. Merchandise and Other Organizer Supplies
14.1. Where the Organizer offers shirts, merchandise, shipping, race packs or other goods or services through Brenthix, the Organizer is the supplier or seller to the participant unless expressly stated otherwise.
14.2. The Organizer is responsible for descriptions, price, availability, sizing and variants, delivery, complaints, withdrawal rights where applicable and other legal obligations associated with such supply.
14.3. Brenthix provides technical tools for ordering and recording these items.
15. Vouchers, Discounts and Manual Overrides
15.1. The Organizer is responsible for the creation, distribution, terms and economic consequences of its vouchers and discounts.
15.2. Brenthix technically enforces the limits and conditions configured by the Organizer.
15.3. Where an authorized user manually overrides a capacity, voucher or other limit, that action is taken on behalf of the Organizer and the Organizer is responsible for its economic and legal consequences.
16. Participant Data and Privacy
16.1. Brenthix processes personal data to the extent required to operate the Platform, manage accounts, maintain security, comply with contractual and legal obligations and provide Platform functions.
16.2. Through Event configuration, the Organizer may determine additional information it requires from participants.
16.3. The Organizer is responsible for ensuring that additional information requested from participants for its own purposes is appropriate, necessary and processed on a valid legal basis.
16.4. The Organizer must not use custom registration fields to request excessive personal data or special-category data without an appropriate legal basis and genuine need.
16.5. If the Organizer exports or transfers participant data to a timing provider, supplier, carrier, merchandise producer or another third party, the Organizer is responsible for the lawfulness and security of that onward processing.
16.6. Further details of personal-data processing by Brenthix are set out in the applicable Privacy Notice and, where required by the nature of the processing, a separate data-processing agreement or addendum.
16.7. These Terms do not by themselves determine the parties' statutory roles as controllers or processors for every processing activity. Those roles depend on the actual purpose and means of the relevant processing and the applicable privacy documentation.
17. Exports and Integrations
17.1. Brenthix may allow registration, payment, logistics or other data to be exported for the Organizer and its service providers.
17.2. The Organizer is responsible for selecting the correct recipient, determining the appropriate scope of exported data and ensuring that the recipient is authorized to process it.
17.3. Brenthix is not responsible for subsequent processing by a third party selected by the Organizer except to the extent liability cannot lawfully be excluded.
18. Organizer Content and Intellectual Property
18.1. The Organizer retains rights in text, photographs, logos, graphics and other content it uploads to the Platform.
18.2. The Organizer grants ForBITS a non-exclusive right to use, store, technically process, reproduce and display that content to the extent required to provide Brenthix and present the relevant Event.
18.3. The Organizer represents that it has the rights necessary to use the content it submits.
18.4. The Organizer must not upload content that infringes third-party rights or applicable law.
18.5. The Brenthix software, design, source code, database structure, branding and other Platform elements remain the property of ForBITS or their respective rights holders.
19. Platform Availability
19.1. ForBITS will operate the Platform with reasonable professional care and will seek to provide reliable and secure service.
19.2. Brenthix is not provided with a guarantee of uninterrupted availability.
19.3. Temporary interruptions may result from maintenance, security measures, updates or outages of infrastructure or third-party services.
19.4. Where planned maintenance may materially affect active registrations or payments, ForBITS will, where reasonably possible, seek to provide advance notice.
19.5. ForBITS does not guarantee any number of registrations, Event attendance, sales performance or other business outcome for the Organizer.
20. Platform Development and Changes
20.1. Brenthix is an evolving service. ForBITS may add, modify or remove functionality provided that existing obligations to the Organizer are respected.
20.2. A material change significantly reducing functionality of a paid service in active use will, where reasonably possible, be communicated in advance.
20.3. ForBITS will not retrospectively change the economic terms of already-settled transactions.
21. Suspension or Restriction of Access
21.1. ForBITS may reasonably restrict or suspend an account or feature where necessary, including:
a) to protect Platform or user security;
b) where fraud or misuse is reasonably suspected;
c) in the case of a serious or repeated breach of these Terms;
d) where use of the Platform violates law or third-party rights;
e) where the Organizer's payment account is not in a state required for the relevant functionality;
f) where the Organizer fails to provide information necessary for ForBITS to comply with a legal obligation;
g) in the case of material overdue obligations owed to ForBITS.
21.2. Unless immediate action is required, ForBITS will seek to notify the Organizer and provide a reasonable opportunity to remedy the issue.
21.3. A security or legal restriction will be limited to an extent proportionate to the reason for its imposition.
22. Closing an Organization and Ending Use
22.1. Subject to Platform rules, the Organizer may request closure of its Organization or cease using Brenthix.
22.2. Closure may be restricted while the Organizer operates an active Event or has unresolved obligations relating to registrations, payments, refunds, billing or legal requirements.
22.3. Ending use does not extinguish rights or obligations arising before termination.
22.4. ForBITS may retain accounting, tax, security, audit and transaction records for periods required by law or a legitimate retention purpose.
22.5. A closed Organization may later be reactivated where supported by the Platform and applicable conditions are met.
23. Liability
23.1. Each party is responsible for breach of its obligations under these Terms and applicable law.
23.2. ForBITS is not responsible for the conduct, safety, quality, cancellation, postponement or non-performance of an Event for which the Organizer is responsible.
23.3. ForBITS is not responsible for Organizer-provided content or information, or for Organizer decisions concerning participants.
23.4. ForBITS is not responsible for the outage or conduct of an independent third-party service, such as Stripe, internet connectivity or external infrastructure, to the extent ForBITS did not cause the issue and could not reasonably have avoided or overcome it.
23.5. Liability for damages is governed by applicable law. These Terms do not exclude or limit a claim for damages to the extent such exclusion or limitation is not permitted under applicable law.
23.6. A party facing potential loss must take reasonable measures to prevent or mitigate that loss.
24. Circumstances Outside Reasonable Control
24.1. A party will not be responsible for delay or failure to perform to the extent caused by an obstacle outside its control that could not reasonably have been foreseen, prevented or overcome, where applicable law recognizes such circumstances.
24.2. The affected party will inform the other party without undue delay where such circumstances materially affect the provision or use of the service.
25. Changes to these Terms
25.1. ForBITS may amend these Terms due to changes in the Platform, law, security requirements or business model.
25.2. Each new version will state its version and effective date.
25.3. Material changes may require renewed express acceptance before the Organizer can continue using the relevant functionality.
25.4. An amendment will not retrospectively change the price or legal treatment of an already-concluded and settled transaction except where required by law or to correct an obvious error.
26. Notices and Communication
26.1. ForBITS may send operational, security and contractual notices through the Platform or to a verified administrator email address.
26.2. The Organizer is responsible for keeping its contact information current and monitoring relevant communications.
26.3. Support communications may be sent to support@brenthix.eu.
27. Order of Documents
27.1. Where ForBITS and the Organizer enter into a separate written individual agreement, expressly agreed terms of that agreement prevail over these Terms to the extent of any conflict.
27.2. For personal-data matters, a specific data-processing agreement or addendum prevails over the general wording of these Terms.
27.3. A specifically displayed and accepted rate or price for a particular Event prevails over the standard rate in these Terms.
27.4. Event-specific participant terms govern the Organizer's relationship with participants and do not modify the Organizer's agreement with ForBITS unless expressly agreed.
27.5. Stripe's terms govern the separate relationship between the Organizer and Stripe relating to Stripe services.
28. Governing Law and Disputes
28.1. These Terms and the contractual relationship between ForBITS and the Organizer are governed by the laws of the Slovak Republic, subject to mandatory provisions that apply regardless of that choice.
28.2. The parties will first seek to resolve any dispute through good-faith discussion and reasonable cooperation.
28.3. If a dispute cannot be resolved amicably, it will be determined by the courts having subject-matter and territorial jurisdiction under applicable law.
29. Final Provisions
29.1. If any provision of these Terms is invalid, ineffective or unenforceable, the remaining provisions remain effective to the extent permitted by the nature of the relationship.
29.2. Failure or delay in exercising a right does not constitute a waiver of that right.
29.3. The Organizer may not transfer the entire contractual relationship to another person without ForBITS's consent unless otherwise resulting from a legal succession or reorganization.
29.4. The published language versions of these Terms are intended to have the same meaning. In the event of an unintended discrepancy between them, the English version prevails unless mandatory law requires otherwise.
29.5. These Terms take effect on the effective date stated for their active version in the Platform.