Terms of service

1  Definitions

1.1 Evenyo: the platform for karting at evenyo.io, offered by TotalWebCreations (sole proprietorship, trading as Evenyo), based in Neede, the Netherlands, and registered with the Dutch Chamber of Commerce under number 75833506.

1.2 Organisation: the club, championship or promoter that uses Evenyo to organise events.

1.3 Driver: the person who enters an event of an organisation through Evenyo, and the parent, guardian or team manager who does so on the driver’s behalf.

1.4 Platform: the back office, the entry sites, the apps, the paddock screen and the integrations that belong to Evenyo.

1.5 Service fee: the amount Evenyo charges per entry.

2  Applicability

2.1 These terms apply to every use of the platform.

2.2 The agreement about taking part in an event is between the driver and the organisation. Evenyo is not a party to it. The organisation sets the prices, the regulations and the rules for cancellation and refunds.

2.3 Terms of an organisation or driver only apply if Evenyo has agreed to them in writing.

3  Account and access

3.1 Administrators of an organisation log in with their own account. The organisation decides who gets access and with which rights, and is responsible for what happens with those accounts.

3.2 Drivers log in with a code sent to their email address. Officials log in with a code on their phone.

3.3 Keep login details and codes to yourself. If you suspect misuse, report it right away via [email protected].

3.4 For a driver under 16, a parent or guardian gives consent before the entry becomes final.

4  Use of the platform

4.1 Use the platform only for what it is meant for: organising events and taking part in them.

4.2 It is not allowed to disrupt the platform, bypass its security, request or collect other people’s data, or enter incorrect data.

4.3 The organisation is responsible for what it puts on the platform, such as events, prices, regulations and messages.

4.4 Evenyo may restrict or block access in case of misuse or a reasonable suspicion of it. Where possible, we let you know beforehand.

5  Payments and service fee

5.1 For the organisation, Evenyo is free to use. There is no subscription and there are no setup fees.

5.2 Evenyo charges a service fee of € 1.99 per entry, including VAT. The driver sees this amount in the basket before paying. The organisation can choose to cover the service fee itself.

5.3 Payments run through Mollie and arrive in the organisation’s Mollie account. The service fee is withheld automatically. The fees Mollie charges itself are for the organisation.

5.4 Refunds follow the organisation’s rules. If a driver cancels, the service fee is not refunded.

5.5 Evenyo may change the service fee. Organisations are told at least 30 days in advance. A new amount only applies to entries made after that.

6  Availability and maintenance

6.1 Evenyo does what is reasonable to keep the platform available, but does not guarantee uninterrupted operation.

6.2 The current status and planned maintenance are published at status.evenyo.io. Where possible, we plan maintenance outside race weekends.

6.3 Evenyo may change and improve the platform. If a feature that organisations rely on is discontinued, we let you know beforehand.

7  Data and privacy

7.1 The organisation is the controller for the personal data of its drivers, parents, guardians and officials. Evenyo processes that data on behalf of the organisation. The arrangements are laid down in the data processing agreement, which the organisation signs in the back office.

7.2 How Evenyo handles personal data is described in the privacy policy at evenyo.io/en/privacy.

7.3 An organisation’s data remains the organisation’s. Evenyo only uses it to run and improve the platform.

7.4 If an organisation stops, Evenyo provides an export of its data on request.

8  Intellectual property

8.1 The platform, the software, the design and the Evenyo brand belong to Evenyo. You receive a non-exclusive and non-transferable right to use the platform as long as you comply with these terms.

8.2 An organisation’s logos, texts and images remain the organisation’s. Evenyo may use them to display the entry site, the app and the other parts for that organisation.

8.3 Evenyo may mention an organisation’s name and logo as a user of the platform, unless the organisation lets us know it does not want that.

9  Liability

9.1 Evenyo is not liable for the organisation or the course of an event, for times and results that come from the timing system, or for the arrangements between an organisation and a driver.

9.2 Evenyo is only liable for direct damage resulting from a shortcoming attributable to Evenyo. Evenyo is not liable for indirect damage, such as lost revenue.

9.3 Liability per event is limited to the amount of service fees Evenyo received through the organisation concerned in the twelve months before the event, with a maximum of € 5,000.

9.4 These limitations do not apply in case of intent or deliberate recklessness on Evenyo’s part. They also do not affect the rights a consumer has by law.

9.5 Report damage as soon as possible, and no later than two months after you discovered it.

10  Termination

10.1 An organisation can stop at any time. There is no fixed term and no notice period.

10.2 Evenyo can end the service to an organisation with three months’ notice. In case of serious misuse or failure to comply with these terms, this can be immediate.

10.3 After the end, Evenyo deletes the organisation’s data, except what must be kept by law, such as invoices (seven years).

10.4 A driver can delete their account in their profile. The deletion becomes final after 14 days.

11  Changes

11.1 Evenyo may change these terms. The new version is published at evenyo.io/en/terms, with its date.

11.2 For a significant change, organisations receive an email at least 30 days in advance.

11.3 If you keep using the platform after a change has taken effect, you accept the new terms.

12  Applicable law

12.1 These terms are governed by Dutch law.

12.2 Disputes are submitted to the court of Gelderland, the Netherlands. If you are a consumer, you may also choose the court of your own place of residence.

12.3 Have a complaint? Email [email protected]. We respond within five working days.