Conditions for venues

1. Who and what

1.1 Givibes is operated by Andrea Battarelli Martini, an individual resident in the Netherlands (“Givibes”, “we”), contact [email protected].

1.2 Givibes lets you present your nights and your venue to people who go out, who can then buy tickets through your links, write to you and come to your nights. We apply to this relationship the EU rules on online intermediation services for business users (Regulation (EU) 2019/1150).

2. Joining and your team

2.1 You apply from the app (Settings → “Do you organize nights or run a venue?”). Our team reviews each application and can refuse it if the venue cannot be identified, if the activity is not nightlife or culture open to adults, or if the person applying does not appear entitled to act for the venue. We tell you the reason.

2.2 Your team has three roles. The Owner manages the venue, the team and the permissions, and can transfer ownership. An Admin manages nights, Stories and messages. A Team member prepares nights and sends them for review; a Team member can publish Stories or read and answer messages only if the Owner gives that permission. For Team members added from now on it is off until the Owner turns it on; those already in the team keep the permission they had. Members of the team see each other's Account email address. You are responsible for the people you add to your team and for removing those who no longer work with you.

3. What you publish

3.1 You are responsible for the accuracy of your nights and of the information on your page (opening hours, prices, accessibility, dress code, entry conditions), and for updating it when it changes.

3.2 You must hold the permits and licences your nights require, and respect the law of the place where they take place, including the rules on alcohol advertising (Terms, section 9). Nights on Givibes are for adults only: the minimum age of a night is 18 or higher.

3.3 If you name artists or other people in a night (for example in the line-up), or publish photos in which people can be recognised, you must be entitled to do so.

3.4 The rules of the Terms, section 4 apply to everything you publish. Within your team, a night can be sent for review to the Owner or an Admin before publication; this review is your internal process, not ours.

3.5 Your rights and where we show your content. You remain the owner of the name, logo, photos and texts you publish. You give Givibes a free, non-exclusive licence, valid while your venue is on Givibes, to show them in the app, on the public pages of givibes.app (also in search engine results and in the previews of shared links), and in notifications and emails to Users. These are the only channels through which we show your nights and your venue; we have no affiliate programmes. We do not use your content in our own advertising or in other channels without asking you first.

3.6 “Private hearts”. For a night on sensitive topics (for example related to sexual orientation, religion or politics) you must switch on “Private hearts” in the console; Givibes' staff can switch it on too. On that night nobody sees who gave a heart or said “Going”, and you see only the anonymous totals, with the threshold of 5. If you switch it off, the hearts given before stay private forever.

4. Messages with Users

4.1 Users can write to you about your nights. The people in your team with access to messages (section 2.2) must use them only to answer about your venue and your nights, and must not copy Users' data outside Givibes or use it for marketing.

4.2 You can block a User from writing to you, and report a User to our staff. Users can report your messages. Users see how long you usually take to answer, as a range (“within N hours”, “within N days”), calculated on the conversations of the last 30 days once there are at least 3; if more than half of them get no answer, Users see that you usually do not answer messages. You cannot hide this information.

5. Restriction, suspension and ending

5.1 We can remove a night or other Content, limit the visibility of your venue on the Service, remove the “Verified” mark, suspend your access to the console, or end our relationship, only for one of these reasons, each of which is a breach on your part or an obligation of law. We do not end the relationship at will:

• Content or a night that is illegal, or that breaks the Terms or these Conditions (for example the rules on alcohol and on age);
• false or misleading information about the venue or a night, or a venue that no longer exists;
• a person who acts for the venue without being entitled to;
• serious or repeated reports found to be well-founded by our staff;
• abuse of Users' data or of messages;
• an obligation imposed on us by law or by an authority.

5.2 When we restrict or suspend, we tell you the reasons by email, before or at the moment the measure takes effect, with the facts on which it is based and the rule concerned.

5.3 If we decide to end our relationship with your venue entirely, we tell you the reasons by email at least 30 days before it takes effect. The 30 days do not apply only in the three cases set out in Article 4(4) of Regulation (EU) 2019/1150: when a legal or regulatory obligation requires us to end it in a way that does not allow the 30 days; when we exercise a right of termination for an imperative reason under national law in line with Union law; or when we can show that the venue has repeatedly broken these Conditions. In those cases we tell you the reasons by email without undue delay.

5.4 You can ask us to review any of these decisions, from the notice in the console or from the link in the email. If you ask within 6 months, the review is guaranteed and a person on our staff answers within 7 days with reasons; after that you can still ask, and we consider it. The review does not take away any of your rights. If we were wrong, we restore what is still possible to restore. You can also go to court (section 17).

6. How your nights are ordered

6.1 The order in which Users see nights and venues is decided by a scoring system with fixed weights. The main parameters, in order of importance, are: friends of the User interested in the night (28%), distance (20%), the User's interests (18%), time of the night (10%), recent popularity (8%), how often people who see the night save it (8%), whether the venue is new on Givibes (5%) and whether it is “Verified” (3%). Friends and distance count most because the Service is meant to help people go out together, nearby. Rules of variety then prevent the same venue from appearing more than twice in a row. The full explanation is on the page How we choose what you see.

6.2 You cannot pay to change the order, and no venue can. The information you provide influences the order only through these parameters: for example, filling in the type of night helps it match Users' interests.

7. “Verified” and “Chosen by Givibes”

7.1 “Verified” means that our staff has checked that the venue exists and that the people who manage it are entitled to. Our staff carries out the check and may ask you for the information it needs for it; we ask only for what the check requires. It is free. It counts for 3% in the order. We remove it if the conditions are no longer met, with the reasons and the appeal of section 5.

7.2 “Chosen by Givibes” is an editorial choice of our staff, given and removed manually with a reason; it is shown only on pages with at least 5 photos in “The venue”. It is free, never paid and not linked to any agreement, and it does not change the order.

8. Givibes' own content

Givibes does not publish its own nights in competition with yours. The only exception is the test phase: until the first real venues arrive, demonstration venues marked “·sim” publish demonstration nights marked “[SIM]”. What demonstration accounts do (hearts, “Going”) does not count in any number or in the order of nights, so neither the [SIM] nights nor any other night gains from it; they will all be switched off when the first real venues arrive.

9. The data you receive, and the data we keep

9.1 What you see. In the console you see only totals about your venue, never who: for each night and each day, how many times your nights were shown, opened, flipped, expanded and shared, and how many times your page was opened; how many people saved your nights and how many new people follow you, only as totals over 7, 30 or 90 days and never day by day; stamps (from 5, visible only to the Owner and the Admins); reactions to your album (from 5). Every number is a sum of values that are already at least 5: a number below 5 appears as “fewer than 5”, also for a single day, and when part of a total stays below that threshold the number appears as “at least”. Percentages are rounded to the whole number and appear only when calculated on exact numbers, with a base of at least 20. You also see the messages Users send you, with their name, and the Vibes of your nights that Users made visible to you (section 10).

9.2 What you do not receive. You do not receive the email addresses, locations or lists of the Users who save, follow or go to your nights, nor any data about their activity on other venues. A comparison with other venues of your city is not active today; if we switch it on, it will show only your position as a percentage, with at least 5 comparable venues, and never other venues' numbers or names.

9.3 What we keep. We keep the data you provide (venue, nights, team, messages) for as long as your venue is on Givibes, and the totals for 24 months. We use your data only to run the Service and do not sell it or give it to third parties, except the providers that operate the Service for us (listed in the Privacy Policy). When you leave, you can ask us for a copy of your venue's data at [email protected].

10. Users' Vibes

Users can take Vibes at your nights. You see, for 30 days, the Vibes that Users kept and allowed you to see, and you can ask a User to publish one on the night's page or on your page, or to turn it into a Story. You can do so only with the User's consent, given in the app; the User can withdraw it. If recognisable people appear in a Vibe, you show it on your page or in a Story only if those people have agreed too (in Italy, Article 96 of Law no. 633 of 22 April 1941), and you remove it at once if a person in it asks. You must not download Users' Vibes to use them outside Givibes.

11. Price

Givibes is free for Publishers today. If we introduce a price or paid options, we will tell you at least 15 days before, as set out in section 13, and nothing will be charged without your express agreement.

12. Responsibility

12.1 You are responsible for your nights, your page and what your team does on Givibes. If a third party brings a claim against us because of them, you are liable to us for the resulting damage under the applicable law, unless the claim is due to our fault.

12.2 Each party is liable to the other under the applicable law. These Conditions do not limit the liability of Givibes.

13. Changes to these Conditions

13.1 We tell you about any change by email at least 15 days before it applies, with what changes. If you do not accept it, you can end the relationship before that date, free of charge (section 14). After receiving the notice, you can give up the 15 days with a written statement (for example by replying to the email) or with a clear affirmative action.

13.2 The 15 days do not apply when the law or an authority requires us to change these Conditions sooner, or when a change is needed to face an unforeseen and imminent danger for Users, for the Service or for its security.

14. Leaving

You can stop publishing and ask us to close your venue's page at any time, by writing to [email protected]. Users' Vibes published on your page remain the Users' Content.

15. Contact

Everything about your venue: [email protected]. Notices under the Digital Services Act: [email protected], in Italian, English or Dutch.

16. Relation with the Terms of Service

The Terms of Service apply to you as well. If these Conditions and the Terms say different things about your relationship as a Publisher, these Conditions prevail.

17. Law and courts

These Conditions are governed by the law of the Netherlands. Disputes between you, acting as a business, and Givibes are decided by the court that has jurisdiction under the general rules (Regulation (EU) No 1215/2012 and the national rules it refers to): these Conditions choose no court. If you act as a consumer (for example, a private person who organises a night without a business), the rules for consumers in the Terms, section 17 apply instead.