Terms of Use
Oniva Ltd.
8600 Dübendorf
Switzerland
Terms of Use of Oniva Ltd.
11. Subject matter, relationship to the GTC, and definitions
1.1 Subject matter
These terms of use govern the product-specific conditions under which Oniva Ltd. («Oniva») makes the cloud-based event management platform Oniva (the «Platform») available to the Customer for the term of the contract and enables its use. They also govern availability, support, data backup, and payment processing for ticket sales.
Use of the Platform comprises the online administration, online editing, online publication, and online distribution of events and offerings, including linking and embedding on websites and in social media portals, as well as the storage of data by the Customer on servers operated by Oniva or by a technical partner of Oniva.
The connection of the Customer's systems to the internet is not covered by these terms of use.
1.2 Relationship to the GTC and to the DPA
These terms of use supplement the general terms and conditions of Oniva AG (the «GTC»), available at www.oniva.events/en/terms-conditions. The GTC form an integral part of the contract, even where a quotation refers only to these terms of use.
The GTC govern conclusively, in particular, the conclusion and amendment of contracts, remuneration and invoicing, warranty, liability, force majeure, confidentiality, set-off and assignment, as well as applicable law and place of jurisdiction. These terms of use contain no diverging provisions on liability.
The processing of personal data on behalf of the Customer is governed exclusively by the Data Processing Agreement (the «DPA»), available at www.oniva.events/en/dpa, which forms an integral part of the contract.
The order of precedence of the contractual components is set out in clause 2.1 of the GTC.
1.3 Definitions
The «Customer» is the organisation or company that concludes the individual contract with Oniva.
A «Group Company» is any company that is directly or indirectly controlled by the Customer, that controls the Customer, or that is under common control with the Customer.
«Admin Users» are natural persons on the Customer's side or on the side of a Group Company who are authorised by the Customer to administer the Platform and who are enabled as administrators within the Platform.
«End Users» are persons who use an event website or a registration published by the Customer via the Platform, in particular attendees, guests, and ticket purchasers.
«Content» means all contributions and data stored, administered, published, distributed, or linked via the Platform by the Customer, by Admin Users, or by End Users, in particular images, graphics, videos, logos, texts, music, attendee data, and documents.
2. Provision of the Platform
Oniva makes the Platform available as a software-as-a-service solution. The operation of the Platform and the storage and processing of data take place on servers operated by Oniva itself or by a technical partner of Oniva. Access takes place via the internet.
Onvia’s performance obligation extends to the availability of the servers and data paths deployed, from the servers up to the handover point on the internet (the «backbone»), and to the provision of the required server, storage, and computing capacity for the term of the contract. Provision is deemed to have been effected at all times at which the servers and data paths deployed are regularly reachable by electronic means from the backbone.
Oniva is entitled to engage suitable technical partners for the provision of the Platform. The location of data storage and the sub-processors engaged are set out in the DPA.
The functionality owed is limited to the common and current browser types that are supported by Oniva with updates or upgrades.
3. Scope of functionality and further development
The scope of functionality owed follows from the licence tier selected in the quotation or order confirmation, from the functionality overview at www.oniva.events/en, and from the scope of the other services agreed in the quotation. No characteristics beyond this are owed. Technical data, specifications, and performance statements in public communications, in particular in advertising materials, do not constitute statements as to characteristics.
The continuous further development of the Platform in the sense of an adaptation to the current state of the art forms part of these terms of use. This includes optimisations, adaptation to technical progress, and consideration of generally applicable current operational requirements. In the course of further development, individual functions may be modified or discontinued, provided that this does not jeopardise the achievement of the contractual purpose for the Customer.
Oniva informs the Customer in advance of changes that materially alter the Platform. For changes to the Customer's detriment, the procedure set out in clause 2.4 of the GTC applies in addition.
The scope of individual services ordered, such as installation, adaptation, and configuration services, integrations, or further development, is governed by the quotation or order confirmation.
4. Licence scope and licence metrics
4.1 Scope
The Customer is entitled to use the Platform on its own instance and on that of its Group Companies up to the maximum number of registrations, number of emails, and number of Admin Users specified in the quotation or order confirmation.
4.2 Registrations
A «registration» is an email address recorded in the Platform that has completed a booking process during the relevant licence period. A sign-up, a cancellation, and a deleted booking each count as a registration. End Users who visit an event website without completing the booking process do not count as a registration.
4.3 Emails and SMS
An «email» or «SMS» is a message sent from the Platform via the campaign function to an email address or to a mobile number respectively. Automated notifications from the Platform, such as booking confirmations, are excluded.
4.4 Determination and excess use
The effectivenumber of registrations and emails or SMS is determined no later than 30calendar days after the relevant event or after the end of the licence year.Remuneration for registrations and emails used inexcess of the agreed volume is governed by the quotation or, where notspecified there, by the published price list at www.oniva.events/en/pricing.
4.5 Admin Users
The Customer designates the number of Admin Users agreed in the quotation or order confirmation. Oniva enables these users when the Platform is commissioned. Admin accounts are personal and may not be shared by several persons.
5. Rights of use and restrictions on use
5.1 Right of use
Oniva grants the Customer, for the term of the contract, the non-transferable, non-sublicensable, and non-exclusive right to access the functionality of the Platform via the internet and to use it in accordance with the contract. Rights are granted only to the extent required for the performance of the contract. No ownership rights are transferred.
Through the temporary use of trademarks or signs of Oniva, the Customer acquires no rights of its own and is not entitled to modify or remove such trademarks or signs.
5.2 Impermissible use
The Customer and the Admin Users are not permitted:
- to reproduce, modify, distribute, sell, rent out, reverse engineer, decompile, disassemble, or translate into other programming languages the Platform or any software contained therein, in whole or in part, or to extract, make accessible, or identify the source code or the underlying ideas or algorithms, unless permitted by mandatory law;
- to use the Platform in a manner or for a purpose that could give rise to civil liability or constitute a criminal offence;
- to remove or suppress copyright notices, disclaimers, or warnings;
- to permit third parties to use the Platform contrary to these terms of use, or to create derivative copyrighted works or competing products on the basis of the Platform;
- to take measures that impair the security, integrity, availability, or stability of the Platform, in particular penetration tests, load tests, or automated bulk queries without the prior written consent of Oniva.
5.3 Assurance and notification
By means of appropriate contracts and security measures, the Customer ensures that Admin Users and third parties who come into contact with the Platform in connection with the Customer's use comply with this clause 5. If the Customer becomes aware of a breach, it informs Oniva in writing without delay and supports Oniva in investigating the matter.
5.4 Consequences of a breach
In the event of a breach of this clause 5, the rights of use granted revert to Oniva with immediate effect, and Oniva is entitled to terminate the contract extraordinarily with immediate effect. In all other respects, clause 15 applies.
5.5 Rights to Content
The Customer grants Oniva and the technical partners engaged by Oniva, free of charge, the non-exclusive, worldwide rights to the Content that are required for the provision of the agreed services, limited to the term of the contract and to the purpose of service provision. This includes in particular the right to store Content, to reproduce it technically, to host it on servers, and to make it publicly accessible to the extent that the Customer has commissioned publication.
The right to make Content publicly accessible ends as soon as the Content in question is removed by the Customer. In all other respects, the grant of rights ends upon expiry of the retention period pursuant to clause 15.4.
It is the Customer's responsibility to license the rights to any music forming part of the Content, and to pay the fees of collecting societies.
6. Availability and service levels
6.1Target value and commitment
Oniva operates the Platform with an availability target of 99.9% per calendar year.
A contractual commitment to this value is made exclusively for Customers with an Enterprise licence, and only where this is expressly agreed in the quotation or order confirmation. For all other licence tiers, availability is provided on a «best effort» basis within the meaning of clause 8.4 of the GTC; in this case, the target value stated does not constitute a commitment.
6.2 Definition of availability
Availability means the ability of the Customer or its Admin Users to use the Platform within the agreed scope.
6.3 Periods not counted as unavailability
The following do not count as unavailability:
- announced maintenance windows and periods for maintenance and servicing work, data backups, and software updates;
- disruptions in services that are not to be provided by Oniva or its technical partners but that are technically necessary for use, in particular the Customer's internet connection;
- disruptions or events not caused by Oniva or its technical partners, in particular the Customer's use in excess of the agreed scope, acts of third parties not acting on behalf of Oniva, and technical conditions of the internet that are beyond Onvia’s control;
- force majeure within the meaning of clause 11 of the GTC;
- immaterial reductions in fitness for contractual use;
- periods during which the Customer or an auxiliary person engaged by the Customer holds permissions that enable interference with Onvia’s operational responsibility.
6.4 Maintenance
Oniva and its technical partners regularly carry out maintenance and servicing work as well as data backups in order to maintain the security of network operations, network integrity, the interoperability of the services, and data protection. They carry out maintenance work during off-peak periods wherever possible. Where longer suspensions or restrictions of services are required, Oniva informs the Customer in advance of the nature, extent, and duration, provided that this is objectively possible and does not delay the remedying of interruptions that have already occurred.
7. Support and resolution of disruptions
7.1 Hours
The basic functions of the Platform are monitored seven days a week, 24 hours a day. Operational maintenance and technical support are provided from Monday to Friday between 08:00 and 17:00, with the exception of public holidays at the registered office of Oniva or of its technical partners (the «operational maintenance hours»).
7.2 Disruption categories
- Major disruption: use of the Platform is impossible or severely restricted, for example due to malfunctions, incorrect work results, or response times.
- Medium disruption: use is neither impossible nor severely restricted, but the restriction on use is more than immaterial.
- Minor disruption: use is not directly or not materially impaired, for example in the case of unfavourably defined default settings.
7.3 Response and resolution times
The periods begin to run upon receipt by Oniva, within the operational maintenance hours, of a complete and comprehensible disruption report from the Customer.
7.4 Support effort not covered by the warranty
If it transpires, after a request has been submitted, that there is no defect and no disruption attributable to Oniva, and the support effort exceeds 30 minutes per event or per request, Oniva is entitled to invoice the effort, subject to prior notice, at an hourly rate of CHF 150.00 plus VAT, billed in units of each half hour commenced. This applies in particular where the request can be answered by reference to the user manuals provided or the instructions available online, where the request has already been answered in the past, or where Oniva has delivered training on the subject.
8. Data backup, restoration, and security incidents
8.1 Data backup by Oniva
Oniva backs up the Platform data as follows:
- Database: full backup hourly, retention period four weeks;
- Files: full backupdaily, retention period four weeks.
Oniva operates the Platform with a recovery point objective (RPO) of one hour and a recovery time objective (RTO) of 24 hours. These values apply to restoration from the aforementioned backups and do not apply in cases of force majeure.
8.2 The Customer's responsibility
The data backup performed by Oniva does not replace the Customer's responsibility to export and retain the Content and reports it requires beyond the term of the contract or outside the Platform. The Customer uses the export functions available in the Platform for this purpose.
The Customer checks data and Content transmitted to Oniva for malware in advance and deploys protective software that corresponds to the state of the art.
8.3 Restoration at the Customer's request
Restorations carried out at the Customer's request and without a cause attributable to Oniva, for example following the inadvertent deletion of Content by Admin Users, are invoiced according to actual effort at an hourly rate of CHF 180.00 plus VAT.
8.4 Technical and organisational measures
Oniva takes the appropriate and customary technical and organisational measures in accordance with the state of the art in order to protect the systems within its control and the Customer's Content against unauthorised access, storage, alteration, destruction, or other unauthorised interference. The measures are described in more detail in the DPA.
8.5 Security incidents
Oniva informs the Customer within 24 hours of becoming aware of security incidents affecting the Customer's Content or personal data and likely to have resulted in a loss of confidentiality, integrity, or availability. The information comprises the details available at the relevant time regarding the nature and extent of the incident, the categories of data affected, the measures taken and planned, and a point of contact. Oniva supports the Customer in fulfilling its own notification and communication obligations. The details are governed by the DPA.
The Customer informs Oniva without delay if it identifies indications of a security incident, of misuse of access credentials, or of a breach of security provisions.
9. Content, the Customer's responsibility, and indemnification
Oniva acts solely as a technical service provider with regard to the Content. The Customer is solely responsible for the Content.
The Customer ensures that only Content that fully complies with applicable law is administered, stored, distributed, published, or linked via the Platform. In particular, the Customer does not store or distribute content that glorifies violence or that is racist, pornographic, harmful to minors, or defamatory.
The Customer ensures that the Content does not infringe the rights of third parties, and warrants that it holds all rights required for the use of the Content, in particular that it has acquired the rights of authors, collecting societies, and publishers.
The Customer ensures that no files are introduced into the Platform that could impair or endanger the technical functioning of the Platform, and that the technical resources provided are used by every Admin User solely in accordance with the contract.
Oniva is entitled to prevent the distribution or publication of legally problematic Content, permanently or temporarily pending a final decision on the assessment of the Content, without observing any notice periods and without prior announcement, and to delete such Content or block it in whole or in part. Oniva informs the Customer of this without delay.
Where Content not supplied by Oniva is used in connection with the use of the Platform, the Customer indemnifies Oniva against all direct and indirect damage, claims, costs including the costs of reasonable legal representation, expenses, and other disadvantages incurred by Oniva as a result of third parties asserting claims against Oniva for infringement of third-party rights or breach of statutory provisions in connection with the Content. The Customer supports Oniva in defending against such claims in and out of court and provides Oniva with the documents required for this purpose without delay.
In the event that such claims are validly asserted, Oniva is entitled to terminate the contract extraordinarily with immediate effect.
10. Access credentials
The Customer ensures that access credentials for administering the Platform are passed on to Admin Users only for the purpose of contractual use.
Before granting access, the Customer informs the Admin Users of the agreed scope of use and expressly draws their attention to the fact that responsibility for compliance with legal provisions rests with the Customer. This applies in particular to third-party industrial property rights, copyright usage rights, claims of collecting societies, and the protection of personality rights.
The Customer ensures that initial passwords provided by Oniva are changed without delay, that passwords and other access credentials are managed carefully, kept secret, and effectively protected against third-party access, and that they are not passed on to persons other than Admin Users. Where an Admin User is replaced, the Customer ensures that the previous account is deactivated or the password changed without delay.
The Customer informs Oniva without delay if it suspects that access credentials have become known to persons other than Admin Users or are being used improperly.
The customer is directly liable to Oniva for the acts of Admin Users, their agents and appointees, and other third parties in possession of the Customer's access credentials. The Customer is further liable for any misuse of access credentials, including their improper acquisition by third parties, for which the Customer, an Admin User, or one of their auxiliary persons is responsible through at least negligence.
11. Further obligations of the Customer
In addition to the duties to cooperate set out in clause 4 of the GTC, the Customer undertakes:
- to configure its systems and programs in such a way that neither the security nor the integrity nor the availability of the systems deployed by Oniva is impaired. Oniva may block services where the Customer's systems act contrary to normal operating behaviour and thereby impair the security, integrity, or availability of the systems of Oniva or of its technical partners;
- to inform Oniva at an early stage of changes to system configurations or other processes that may be relevant to the provision of services under clauses 6 to 8;
- to ensure that the rights of use under clause 5 are observed by the Customer and by all Admin Users;
- to fulfil the data protection information obligations towards data subjects and to obtain any required consents in a legally effective manner;
- to take such measures as are reasonable to facilitate the identification of disruptions and their causes;
- to notify Oniva without delay of all defects, disruptions, or interruptions of which it becomes aware, by means of a notice of defects in written or text form, and to describe the defects asserted with sufficient precision.
If the Customer fails to give timely notice of defects for reasons for which it is responsible, this constitutes contributory causation. To the extent that Oniva was unable to provide a remedy as a result of the omission or delay, the Customer is not entitled to claim compensation for the damage caused by the defect or to terminate the contract without notice on that ground. The Customer bears the burden of demonstrating that it is not responsible for the failure to give notice of defects.
12. Third-party applications and services
Where the Customer has commissioned interoperation with third-party applications and services, such as video conferencing, CRM, ERP, or social media services, it is the Customer's sole responsibility to obtain and maintain the corresponding access with those third-party providers.
By commissioning interoperation, the Customer consents to Oniva granting those third-party providers access to the Content and data integrated, to the extent required to establish the interoperation in question.
Oniva accepts no responsibility for the publication, modification, or deletion of integrated Content and data as a result of access by third-party providers. Third-party providers may restrict user access or prevent the installation or activation of third-party applications.
If the third-party provider discontinues its services, terminates its contractual relationship with the Customer, or interrupts its services, this has no effect on Onvia’s performance in accordance with the contract; the Customer remains obliged to pay the remuneration. Oniva gives no warranty and accepts no liability for the acts of third-party providers, in particular with regard to data protection and data security.
13. Ticketing and payment processing
13.1 Commission
Where payments are processed via Oniva, a commission of 5% of the effective ticket sales price applies, plus VAT. The determining figure is the ticket price achieved on sale as set by the Customer, irrespective of whether that price includes VAT or not.
The payment methods available are Mastercard, Visa, TWINT, PostFinance Card, and Apple Pay. Oniva may adjust the range of payment methods, in particular where a payment service provider changes its offering.
13.2 Collection mandate
The Customer authorises Oniva to collect the ticket monies, including any shipping and service fees. In doing so, Oniva acts as the Customer's agent. The contract for attendance at the event is concluded exclusively between the Customer and the respective end user, on the basis of the Customer's own terms.
The ticket monies collected are held in an account separate from Onvia’s own funds and are held for the Customer.
13.3 Statement and payout
Oniva issues a statement of the ticket revenue collected within seven calendar days of the event taking place.
Payout to the Customer takes place within 30 calendar days of the event taking place and is limited to the payments actually made by End Users.
From the revenue collected, Oniva deducts the commission under clause 13.1 and any other fees owed under the contract. Oniva is entitled to set off the payout amount against claims due from the Customer.
Oniva may transmit statements by electronic means. On request, the Customer provides Oniva with an email address designated for this purpose.
13.4 Objections
Objections to statements must be asserted in written or text form within 14 calendar days of receipt. Thereafter, the statement is deemed approved.
13.5 Chargebacks
The Customer reimburses Oniva for chargebacks arising after a payout has been made, in particular credit or debit card chargebacks, together with any associated fees charged by the payment service provider.
13.6 Reversals and refunds
The collection mandate under clause 13.2 also applies to the reversal of ticket orders received via the Platform in the event of an event being cancelled or an order being withdrawn. Oniva refunds the ticket monies to End Users and, on the Customer's instruction and in accordance with the Customer's terms for ticket purchases, any advance sales and system fees. The Customer reimburses Oniva for these fees.
A fee of CHF 2.50 / EUR 2.40 per transaction is charged for individual refunds made on the Customer's behalf.
In the case of a full reversal, meaning more than 25% of the total ticket revenue for an event, as a result of an event being cancelled in whole or in part, the actual effort involved in the reversal is invoiced.
13.7 The customer's decision-making authority
The customer, as the event organiser, decides exclusively on whether tickets may be returned, refunded, or exchanged, and on the conditions and handling thereof; Oniva does not. This also applies in cases of force majeure.
14. Data protection and use of data
The processing of personal data that the Customer processes via the Platform or transmits to Oniva takes place exclusively on the Customer's behalf. The Customer remains the controller for data protection purposes; no transfer of function to Oniva takes place. The DPA applies.
The Customer warrants that it is entitled under applicable data protection law to transmit the personal data to Oniva, and indemnifies Oniva in the event of a breach against all related third-party claims and the resulting damage, costs, and expenses.
Oniva processes personal data only to the extent required to fulfil the contractual purpose. This includes notifying Admin Users of technical changes, disruptions, or maintenance work.
Oniva is entitled to use data obtained from the use of the Platform in aggregated and anonymised form to ensure operations, for quality assurance, error analysis, product development, and for statistical analyses and benchmarking. Such analyses are disclosed to third parties, other than to service providers of Oniva bound by confidentiality obligations, only where they contain no personal data of End Users or of the Customer's employees and permit no inferences about the Customer.
Oniva does not use the Customer's Content or personal data for the training or further development of artificial intelligence models. Where Oniva uses third-party services for artificial intelligence processing as part of Platform functionality, it does so only where it is contractually ensured that the data transmitted is not used for training purposes. The services used are listed in the sub-processor list of the DPA.
15. Contract term, termination, and data export
15.1 Annual licences
A contract for an annual licence enters into force upon legally valid signature of the quotation or order confirmation and runs for a fixed minimum term of twelve months from commissioning, meaning from the initial issue of the administrator accounts (the «minimum term»). Upon expiry of the minimum term, the contract renews automatically for further periods of twelve months, unless a party terminates it with one month's notice with effect from the end of the minimum term or of a renewal period.
15.2 Event licences
The contract term for event licences begins with the written order and the issue of the administrator accounts and ends 30 calendar days after the event in question.
15.3 Extraordinary termination
The right of both parties to terminate the contract without notice for good cause is governed by clause 2.7 of the GTC.
15.4 Data export and deletion
Following termination of the contract, the Customer's Content remains available in the Platform for a period of 30 calendar days so that the Customer can secure it using the export functions available. Oniva grants the Customer read access for this purpose during that period.
Upon expiry of that period, Oniva deletes the Content, unless statutory retention obligations or interests in preserving evidence prevent this. At the Customer's written request, Oniva confirms the deletion. Deletion from the backups under clause 8.1 takes place upon expiry of the retention period specified there.
At the Customer's request, Oniva supports the Customer, for separate remuneration, with a data export going beyond the export functions or with a migration.
15.5 Survival of provisions
Clauses 5.5, 9, 10, 13.5, 14, and 15.4 of these terms of use survive termination of the contractual relationship.
15.6 Discontinuation of use
The Customer discontinues use of the Platform without delay following termination of the contract, subject to the read access under clause 15.4.
If the Customer continues productive use contrary to this provision, it owes Oniva compensation of 150% of the pro rata monthly licence fee for the most recently applicable licence tier for each month of unauthorised use commenced. The assertion of further claims remains reserved, with compensation already paid being credited against them.
15.7 The Customer's cooperation during commissioning
Where the provision of services requires the Customer's cooperation, Oniva agrees the timing of that cooperation with the Customer. If no agreement on this is reached within four weeks of conclusion of the contract for reasons not attributable to Oniva, Oniva proposes three dates to the Customer and requests the Customer to accept one of them within a maximum of two weeks, together with a notice that the contract will otherwise be terminated. If the Customer accepts none of the dates within that period, the contract is deemed terminated upon expiry of the period, and Oniva is entitled to claim the agreed remuneration less expenses saved.
16. Remuneration
The prices for the licences and the other services follow from the quotation or order confirmation or, where not specified there, from the published price list at www.oniva.events/en/pricing. In all other respects, clause 5 of the GTC applies.
The Customer pays the licence fee within 30 calendar days of the initial issue of the administrator accounts. For annual licences, Oniva invoices the licence fee for subsequent years annually in advance, payable within 30 calendar days of the invoice date.
In the event of late payment, Oniva is entitled to withhold further performance, in particular to block access to the Platform and to exclude Content from publication. The rights of use granted are deemed suspended for the duration of the default. Oniva gives at least five working days' notice of any blocking.
17. Reference to the Customer
Oniva may name the Customer as a reference Customer and present the solution implemented for information and marketing purposes, provided that the Customer has given its prior consent in text form.
The consent may be limited to individual elements from among the following: naming the industry and area of activity; naming the company and presenting the company using publicly available data, including the company logo; and a Customer reference story about the solution implemented.
Materials created in the course of the collaboration, such as testimonials, success stories, films, and photographs, may be archived by Oniva, distributed on its own channels, and used in selected media, within the scope of the consent given.
The consent, or parts of it, may be withdrawn at any time in accordance with the principle of good faith.
18. Final provisions
Amendments to these terms of use are governed by clause 2.4 of the GTC.
Liability, warranty, force majeure, set-off, assignment, applicable law, and place of jurisdiction are governed exclusively by the GTC.
Should parts of these terms of use prove to be invalid or ineffective, this does not affect the validity of the remaining provisions. The invalid provision is to be replaced by a provision that comes closest to the intention of the parties.
Last updated: August 2026
