Breezit

Breezit Terms of Service

Date of the entry into force: 2022-08-05

Thank you for using Breezit!

These Terms of Service (“Terms”) are a binding legal agreement between you and Breezit that govern your use of the websites, applications, and other services from Breezit (collectively, the “Breezit Platform”). When used in these Terms, “Breezit”, “we”, “us”, or “our” refers to one of the Breezit companies (entities) with whom you are contracting (see clause 25 of these Terms). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you affirm that you have the legal authority to bind that entity (in this case, Breezit has the right to ask for proof of authorisation).

The Breezit Platform offers an online venue that enables users (“Members”, „you“ - which may also be used in the context of the specific clause referring to either one or both Members) to publish, offer, search for, and book services. Members who publish and offer services are “Service Providers”, and Members who search for, book, or use services are “Event Hosts”. Service Providers offer services related to private event planning and hospitality (overall “Services,” and each Service offering, a “Listing”). You must register an account to access and use many Breezit Platform features and keep your account information accurate.

As the provider of the Breezit Platform, Breezit does not own, control, offer or manage any Services or Listings. Breezit is an online platform (intermediary). Therefore, Breezit is not a party to the contracts concluded directly between Service Providers and Event Hosts. Breezit is not acting as an agent in any capacity for any Member.

We maintain other terms and policies that supplement these Terms, like our Privacy Policy, which describes our collection and use of personal data.

If you are the Service Provider, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Service Provider Services.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE BREEZIT SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE BREEZIT PLATFORM OR THE BREEZIT SERVICES.

I. Event Host Terms

1. Our mission

Our mission is to simplify private event planning by making it entertaining and only a few clicks activity. By using Breezit, you should be able to reduce the event planning stress and administrative burdens. Learn more about a Listing by viewing the description and photos, service descriptions, and reviews. If you have questions, just message the Service Provider.

2. Searching and Booking on Breezit

Searching. You can search for Services by using various criteria. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, and more. Certain Service Providers may be displayed above others due to their chosen paid promotion plan. Therefore, please pay close attention to this, because your personal factors and expectations must always be considered when evaluating search results. Breezit is not responsible for the personalized accuracy and specific expectations of search results. If you are looking for something specific or can't find the results you are looking for, don't hesitate to get in touch with us directly, and we will try to help you.
Booking. When you book a Service, you agree to pay all charges for your booking, including the price, applicable fees, taxes and any other items identified in your booking summary (collectively, “Total Price”). Before paying any amounts please attentively review the pricing summary. When you transfer funds using the Breezit Platform, a contract for the Services (sometimes called a reservation or booking in these Terms) is formed directly between you and the Service Provider. The cancellation policy and any other rules, standards, policies, or requirements identified in the Service form, including your booking information, are part of your contract with the Service Provider. Keep in mind that you can always find the service agreement you have entered into with a Service Provider in your booking information.
Breezit help. Breezit may help you contact your Service Provider. However, Breezit cannot guarantee that the Service Provider will respond to your messages or meet your demands.
Breezit Fees for Event Hosts. Breezit does not apply any charges for the Event Hosts and will never increase the cost of Services or apply any other hidden fees. Breezit’s primary revenue source are commision payments and other payments paid to Breezit directly by Service Providers for the use of platform.

3. Cancellations, Refunds, and Booking Modifications.

Cancellations and Refunds. If you cancel a reservation as an Event Host, the amount you are refunded is determined by the cancellation policy that applies to that reservation. It is always specified in the Service description.In some cases, an advance payment may be required when booking a Service. The advance payment is considered a security measure.
Advance payment. If the Service Provider requires advance payment for the conclusion of the service agreement (and/or provision of services), Breezit acts only as an intermediary, i.e., the advance payment is only made through Breezit and transferred to the Service Provider. Breezit does not, under any circumstances, require or retain any part of the advance payment. Advance payment collection, repayment and other conditions shall be agreed upon by the Event Host directly with the Service Provider. In all cases, the Service Provider assumes all liability to duly inform the Event Host of the conditions for the collection of advance payments. Breezit is not responsible for refunding advance payments, and no claim or demand for repayment may be made against Breezit.
Booking Modifications. Event Hosts and Service Providers are responsible for any booking modifications they (Event Host and Service Provider) agree to make via the Breezit Platform or by directing Breezit customer service to make on their (Event Host and Service Provider) behalf (“Booking Modifications”) and agree to pay any additional amounts, fees, or taxes associated with any Booking Modifications as pre-determined in the Service description and the service agreement the Event Host and the Service Provider enter into.

4. Your Responsibilities and Assumption of Risk.

Your Responsibilities. You are responsible and liable for your actions and omissions, as well as being responsible for the acts and omissions of anyone you give access to your Breezit account.
Your Assumption of Risk. Breezit is an online platform (intermediary) and is not a party to the service agreements concluded directly between Members. Therefore, the Service Provider is legally obliged (if applicable) to inform Event Host directly of all the laws and rights applicable in the country of Event Host, including but not limited to consumer rights and other regulations and limitations. If the Service Provider fails to properly exercise its obligation to inform Even Host of his/her rights, Breezit shall not be subject to any claims, demands, or other consequences. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Breezit Platform and any Content (as defined in Section 10), including use of any other Service, or any other interaction you have with other Members whether in person or online. Therefore, it is your responsibility to investigate a Service to determine whether it suits you. If Event Host does not have sufficient information to decide whether the Service is suitable for him/her, or if Event Host has any questions, Even Host should ask the Service Provider or Breezit for additional information.

II. Service Provider Terms

5. Providing Services on Breezit

Service Provider. As a Service Provider, Breezit offers you the opportunity to manage your services and bookings using the Breezit Platform. Using Breezit Platform you can offer Services to your customers and/or share your Listing with our vibrant community of Event Hosts. It is easy to set up your account and create a Service profile. Also, you can integrate Breezit Platform into your website, social media pages or other sites to facilitate the Service booking process. You are in control of how you provide services – set your price, availability, and rules for each Service – and who you are offering them to.
Contracting with Event Hosts. When you accept a booking request or receive a booking confirmation through the Breezit Platform, you enter into a contract directly with the Event Hosts and are responsible for delivering your Services under the terms and at a price specified in your Service description or agreed with the Event Hosts. All parties subject to these rules are aware that Breezit (Breezit Platform) is only an intermediary (platform administrator) which enables Members (i. e., Event Hosts and Service Providers) to enter into direct service agreements with each other. Parties entering into service agreements must assume all obligations under local legal requirements, regulations and limitations. The Service Provider assumes the obligation to inform the Event Host of all the general and specific consumer and other rights under local laws, including but not limited to consumers rights and other regulations and limitations related to service provision. Furthermore, you also agree to pay all applicable fees and applicable taxes for each booking. Breezit will deduct amounts you owe from your payout unless a different method is agreed upon.
Independence of Service Providers. Your relationship with Breezit is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Breezit. Breezit does not direct or control your Services, and you agree that you have complete discretion whether and when to provide Services, and at what price and on what terms to offer them. Breezit is not responsible for and is not a party to any service agreement and under no circumstances will any such contract create an employment or any service relationship between Breezit and any user.

6. Managing Your Service profile and Listing.

Creating and Managing Your Service profile. The Breezit Platform provides tools that make it easy to set up and manage your Service profile, including your Listings on an individual inquiry site. Your Service profile must include complete and accurate personal information your Services, your price (that has to be unambiguous), any additional charges and fees, and any rules or requirements that apply to your Event Hosts. You are responsible for keeping your Service profile information (including calendar availability, contact information, etc.) and content (like photos) up-to-date and accurate.
Breezit reserves the right to delete or block certain Listings that do not meet statutory requirements for online B2C (business to customer) provision.
Know Your Legal Obligations. You are responsible for understanding and complying with these Terms and any additional terms of Breezit, laws, rules, regulations, and contracts with third parties that apply to your Services.
Your (Service Provider’s) Service Agreement. To provide services to the Event Hosts, you can either use these Terms or upload your service agreement. If you decide to use your service agreement, you will be required to upload it during the Service profile creation stage or before initiating Service booking. Regardless of whether you use Breezit terms or your service agreement template provisions, you (the Service Provider) must appropriately and timely inform the Event Host of his/her rights under all applicable laws and requirements, including but not limited to consumer rights and other local laws. In the event of failure to properly perform this obligation, no claims, demands or other consequences may be asserted against Breezit, and the Service Provider shall be solely responsible for any failure to fulfill its obligations. In addition, every time an Event Host wants to book a Service, the Breezit Platform will require such an Event Host to review and confirm your agreement.
Your Personal Booking Site. Each Service profile you create has a dedicated and unique booking site, which simplifies your Service offering, calendar and booking management as well as helps you to apply dynamic pricing based on your availability and service demand. You can freely integrate it into your website, social media portals, or other sites. You can also share it directly with the Event Hosts and other customers that approach you.
Search Ranking. The ranking of Listings in search results on the Breezit Platform depends on a variety of factors, including these main parameters:

Event Hosts search parameters,
Listing characteristics,
Event Hosts booking experience,
Event Hosts requirements,
Event Hosts preferences,
Your Service profile’s calendar maintenance,
Your Listing popularity, and
Bookings made through the Breezit Platform.

Search results may appear different on the Breezit mobile application than they appear on our website. Breezit may allow Service Providers to promote their Listings in search or elsewhere on the Breezit Platform, subject to their promotion plans or by paying an additional fee. Breezit does not guarantee the accuracy of searches and personal expectations.

Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. You are responsible for setting your price and establishing rules and requirements for your Service profile. You are responsible for properly informing the Event Host of his/her rights, including but not limited to his/her consumer rights and other local laws, and shall accept and assume all the consequences of failing to do so.
Providing Services as a Team or Organization. If you work as part of a team, business, or other organization, the entity and each individual who participates in providing Services are responsible and liable under these Terms. If you accept the terms or enter into a contract, you affirm and warrant that you are authorized to enter into contracts as a representative of and bind your team, business or other organization and that each entity you use is in good standing under domestic laws of where it is established. If you perform different functions, you represent and warrant that you are authorized to perform those functions. For example, if you instruct Breezit to send payments to someone else, you must be authorized to do so and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
Your Assumption of Risk. You acknowledge that the provision of services carries inherent risks and agree that you assume the entire risk arising from your access to and use of the Breezit Platform, offering Services, or any interaction you have with other Members, whether in person or online. You agree that you have had the opportunity to investigate the Breezit Platform and any laws, rules, regulations, or obligations that may apply to your Services and that you are not relying upon any statement of law made by Breezit.

7. Cancellations and Booking Modifications.

Cancellations. Typically, if an Event Host cancels a reservation, the amount paid to you is determined by the cancellation policy specified in the Service profile or your service agreement concluded with the Event Host. As a Service Provider, you should not cancel on an Event Host without a valid reason or applicable law.
Booking Modifications. Service Providers and Event Hosts are responsible for any Booking Modifications they (Service Providers and Event Hosts) agree to make via the Breezit Platform or direct Breezit customer service to make on their (Service Providers and Event Hosts) behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

8. Fees for Service Providers.

The use of the Breezit Platform for the Service Providers is subject to a fee. Different rates might apply to different Services Providers. The applicable fee is charged only after a sucessful booking of Service Provider's services. The Service Provider negotiates their service booking price directly with the Host and informs Breezit about the final price afterwards:
- Service Provider updates Breezit on booking progress with the Host via email, including tour outcomes, proposals, negotiations, contract signing, and deposit payments.
- Service Provider must keep the Breezit team included in the email conversation with the Host and separately inform about face-to-face communication, including phone calls.
After receiving this information, Breezit calculates the applicable fee and issues invoice to the Service Provider, which must be settled within 7 business days after Service provider receives the booking deposit.
Free Trial. A new Service Provider may be entitled to a free trial. The Service Provider is not required to provide any credit card information during the free trial period. If the free trial period has expired, the Account will be automatically deactivated.
Discounts and Special Offers. Breezit may but is not obliged to offer special discounts and motivation schemes.
If Service Provider's deposit is non-refundable and the event is canceled, Breezit does not refund its fees. If Service Provider's deposit is partially refundable, Breezit will proportionally refund its fee in the case of an event cancellation. In cases of force majeure where the Service Provider must refund the deposit, Breezit will also fully refund its fee.

9. Taxes.

Service Provider Taxes. As a Service Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable or other indirect taxes (“Taxes”).
Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report personal Tax information, and/or withhold payout Taxes. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold payout Taxes, we may withhold payouts up to the amount required by law until sufficient documentation is provided. You agree that Breezit may issue invoices or similar documentation for VAT, GST, consumption, or other Taxes for your Services to facilitate accurate tax reporting by you, your organization and/or our Event Hosts.

III. General Terms.

10. Reviews.

After each Service, Event Hosts and Service Providers have the opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other offensive and inappropriate language. If a review submitted to the Breezit Platform by any Member is offensive, defamatory or violates any law, Breezit shall have the right to remove it.
Breezit does not modify, edit, or otherwise alter the reviews published on the Breezit Platform. Breezit itself never provides reviews on any Members.
A review by a Member who has concluded a service agreement and made a payment (or received a payment) for services via Breezit Platform is marked as "verified". Reviews made by users who did not book a service through Breezit are marked as "not verified".
Breezit has the right but no obligation to inquire Members for additional information about the review they have left to verify the information or its validity.

11. Content.

Parts of the Breezit Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content in any form and through any means, you grant Breezit a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit that Content, without limitation. You are solely responsible for all Content you provide and warrant that you either own it or are authorized to grant Breezit the rights described in these Terms.
You are responsible and liable if any of your Content violates or infringes any third party's intellectual property or privacy rights. Breezit prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal Content. If such Content is detected, Breezit has the right to make such unauthorized Content invisible or remove it temporarily. When Breezit removes or disables Content, the responsible Member will be notified, and Breezit will provide the reasons for such a measure unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. One may appeal such a decision by contacting Breezit’s customer service. If you disagree with Breezit's decision to remove certain Content, you have the right to appeal the decision to remove Content directly to Breezit or other dispute resolution authorities.
Agreeing to these Terms permits Breezit to make available services or automated tools to translate Content and to translate Content using such services or tools. However, Breezit does not guarantee the accuracy or quality of translations. Members are responsible for confirming the accuracy of such translations or informing Breezit if you notice a discrepancy.
Breezit never modifies the Content uploaded by the Service Provider, except when the Content is altered due to technical manipulations (e.g. translation, colour and picture quality changes). In all cases, the Service Provider is responsible for the Content and the accuracy of the information contained therein.

12. Fees and Payment Collection.

Breezit reserves the right to change the service fees at any time and will notify Members of any fee changes before they become effective. Fee changes will not affect bookings made before the effective date of the fee change. If you disagree with a fee change, you may terminate this agreement at any time under these Terms.
For payment collection, Breezit uses third-party payment service providers in the United States – Stripe Inc., in the European Union – UAB kevin EU). Members undertake to accept and abide by the terms and conditions of use of third-party payment service providers. The Service Provider is responsible for paying these payment collection fees.

13. Breezit Platform Rules.

Rules. These rules must be followed, and Breezit Members are prohibited from helping or inducing others to break or circumvent these rules:
1. Act with integrity and treat others with respect:
  1. Do not lie, misrepresent something or someone, or pretend to be someone else.
  2. Be polite and respectful when you communicate or interact with others.
  3. Do not discriminate against or harass others.
2. Do not scrape, hack, reverse engineer, compromise or impair the Breezit Platform:
  1. Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Breezit Platform.
  2. Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Breezit Platform or Content.
  3. Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Breezit Platform.
  4. Do not take any action that could damage or adversely affect the performance or proper functioning of the Breezit Platform.
3. Only use the Breezit Platform as authorized by these Terms or another agreement with us:
  1. You may only use another Member’s personal information as necessary to facilitate a transaction using the Breezit Platform as authorized by these Terms.
  2. You may use the Content made available through the Breezit Platform solely as necessary to enable your use of the Breezit Platform as an Event Host or Service Provider.
  3. Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  4. Do not engage in practices intended to manipulate our search algorithm.
  5. Do not use, copy, display, mirror or frame the Breezit Platform, any Content, any Breezit branding, or any page layout or design without our consent.
4. Honor your legal obligations:
  1. Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  2. If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy policy.
  3. Do not use the name, logo, branding, or trademarks of Breezit or others without permission.
  4. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Breezit branding.
Reporting Violations. If you believe that a Member, Service profile, including individual booking sites, Listings, or Content, poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Breezit. In addition, if you believe that a Service Providers Service profile, including individual booking site, Listing, or Content, has violated our Terms, you should report your concerns to Breezit. If you reported an issue to local authorities, Breezit might request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

14. Termination, Suspension, and Other Measures.

Term. The agreement between you and Breezit reflected by these Terms is effective when you access the Breezit Platform (i. e. create an account and unconditionally accept these Terms in the manner specified on Breezit Platform) and remains in effect until either you or Breezit terminates the agreement in accordance with these Terms.
Termination. You may terminate this agreement (Terms) at any time by sending us an email or by deleting your account. Breezit may terminate this agreement and your account for a reasonable cause (e. g., breach of these Terms) by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Breezit may also terminate this agreement (Terms) immediately and without notice and stop providing access to the Breezit Platform if you breach these Terms, violate our Policies, violate applicable laws, or we reasonably believe termination is necessary to protect Breezit, its Members, or third parties. Terminating this agreement (Terms) on any grounds will prohibit further use of the Breezit Platform. If your account has been inactive for more than two years, we may terminate your account without prior notice.
Member Violations. If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Breezit believes it is reasonably necessary to protect Breezit, its Members, or third parties; Breezit may, with or without prior notice (i) suspend or limit your access to or use of the Breezit Platform and/or your account; (ii) suspend or remove your individual booking link and/or Listings, Reviews, or other Content.
Legal Mandates. Breezit may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 14.3.
Effect of Termination. If you terminate your Breezit account, you will have 10 (ten) business days to extract your booking information from the Breezit Platform. After this deadline, all data stored by Breezit Platform may be permanently deleted. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Breezit Platform has been limited, or your Breezit account has been suspended, or this agreement has been terminated by us, you may not register a new account, as well as access or use the Breezit Platform through an account of another Member.
Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 25.

15. Modification.

When we propose changes to these Terms, we will post the revised Terms on the Breezit Platform and update the “Date of entry into force” date at the top of these Terms. We will explicitly ask you to accept the revised Terms.
We will notify you of the proposed changes by email at least thirty (30) days before the date they become effective. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the agreement before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Breezit, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, or (iii) changes that could affect the rights of the consumers, your continued use of the Breezit Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.

16. Breezit's role.

We offer a platform that enables Members to publish, offer, search for, and book Services. While we work hard to ensure our Members have great experiences, we do not and cannot control the conduct of Service Providers and Event Hosts. You acknowledge that Breezit has the right, but does not have any obligation, to monitor the use of the Breezit Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Breezit Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that do not meet quality and eligibility criteria. Members acknowledge and agree that Breezit administers its Terms, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Breezit in good faith, and provide Breezit with such information and take such actions as may be reasonably requested by Breezit concerning any investigation undertaken by Breezit regarding the use or abuse of the Breezit Platform.
When Members make or accept a booking, they enter into a contract directly with each other. Breezit is not and does not become a party to other participants in any contractual relationship between the Members. Breezit is not acting as an agent for any Member.
Breezit will (a) make the Breezit Platform available to a Member under these Terms, (b) provide applicable standard support for the Breezit Platform at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the Breezit Platform available 24 hours a day, 7 days a week, except for: (i) planned downtime, and (ii) any unavailability caused by circumstances beyond Breezit’s reasonable control, including, for example, an act of God, the act of government, flood, fire, earthquake, civil unrest, the act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack. Breezit shall not be liable if, through no fault of Breezit, the Breezit Platform is unavailable, cannot be accessed, etc.

17. Member Accounts.

You must register an account to access and use many features of the Breezit Platform. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. Breezit reserves the right to request clarification of information or to delete an account/information if Breezit founds that the information provided is false. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Breezit if you suspect that your credentials have been lost, or stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or their local equivalents.
If a Member has designated users and authorized them, such users will be deemed authorized to act on behalf of the Member when using the account. Breezit is not responsible for and shall have no liability for verifying the validity of authorization of any user. However, Breezit may, at its discretion, request additional information or proof of the person’s credentials. If Breezit is not certain if a user has been granted authorisation, Breezit may, in its sole discretion, prevent such user from accessing the Breezit Platform.

18. Disclaimer and Warranties.

We provide the Breezit Platform and all Content “as is” without warranty of any kind, and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Event Host, Service Provider, Service, individual booking site, Listing or a third party; (ii) we do not warrant the performance or non-interruption of the Breezit Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Members or Services (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Service being “verified” (or similar language) indicate only that the Member or Breezit has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
We are not responsible for outages or disruptions of internet and telecommunications infrastructure, which are beyond our control and can lead to interruptions in the availability of the Breezit Platform. Breezit may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Breezit Platform or certain features thereof, if this is necessary within capacity limits, the security or integrity of our servers, or carry out maintenance measures that ensure the proper or improved functioning of the Breezit Platform.

19. Limitations on Liability.

Neither Breezit (including its affiliates and personnel) nor any other party involved in creation, production, or delivery of the Breezit Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Breezit Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Breezit Platform, or (iv) publishing or booking of a Service, including the provision or use of Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Breezit has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Service Providers under these Terms, in no event will Breezit’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Breezit Platform, any Content, or any Service, exceed: (A) to Event Hosts, the amount equal to one hundred U.S. dollars (US$100, or an equivalent amount in another currency), (B) to Service Providers, the amount equal to one hundred U.S. dollars (US$100, or an equivalent amount in another currency), or (C) to anyone else, one hundred U.S. dollars (US$100, or an equivalent amount in another currency).
These limitations of liability and damages are fundamental elements of the agreement between you and Breezit. If applicable laws, including but not limited to consumer protection laws, do not allow the limitations of liability set out in these Terms, the limitations mentioned above may not apply to you.

20. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Breezit’s option), indemnify, and hold Breezit (including other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our other policies, (ii) your improper use of the Breezit Platform, (iii) your interaction with any Member, user of Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

21. United States Governing Law.

If you reside or have your place of establishment in the United States, these Terms will be interpreted under the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) excluded from the arbitration agreement in Section 22 must be brought in state or federal court in San Francisco, California, unless both parties agree to a different location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

22. United States Dispute Resolution and Arbitration Agreement.

Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Breezit in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
Overview of Dispute Resolution Process. Breezit is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with Breezit’s customer service team (described below), and if necessary, (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Breezit each retain the right to seek relief in small claims court as an alternative to arbitration.
Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days before initiating an arbitration, you and Breezit each agree to notify the other party of the dispute in writing and attempt to negotiate an informal resolution in good faith. You must send your notice of the dispute to Breezit by mailing it to [email protected]. Breezit will send its notice of the dispute to the email address associated with your Breezit account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30 days, only then may either party commence the arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
Agreement to Arbitrate. You and Breezit mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Breezit Platform, Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Breezit agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and Breezit each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Breezit agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration under section 3 of the Federal Arbitration Act.
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration of at most convenience, Breezit agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) via phone or video conference; or (c) if all parties agree, solely through the submission of documents to the arbitrator.
Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver. You and Breezit acknowledge and agree that both are waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings. You and Breezit acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. If a claim, cause of action or requested remedy is severed under this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Severability. Except as provided in the Terms, if any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed, and the remainder of the Arbitration Agreement will be given full force and effect.
Changes to Agreement to Arbitrate. If Breezit changes this Section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Breezit (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Breezit.
Survival. Except as provided in the Terms and subject to Section 14.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the Breezit Platform or terminate your Breezit account.

23. Governing Law and Venue in Europe.

If you reside or have your place of establishment in the European Union, these Terms and any relationship between Breezit and Member will be interpreted under the laws of the Republic of Lithuania, without regard to conflict-of-law provisions.

24. Dispute Resolution in Europe.

Application. This section of the Terms only applies to you if your country of residence or establishment is in the European Union.
Consumer disputes. Breezit is committed to participating in a consumer-friendly dispute resolution process. As a consumer, if you disagree with any decisions made by Breezit, you can complain directly to Breezit. In case you disagree with Breezit's response to the written complaint, you (natural person, consumer) may submit a request/complaint regarding the Breezit’s decisions/actions to the State Consumer Rights Protection Authority (Vilniaus St. 25, LT-01402 Vilnius, the Republic of Lithuania, e-mail: [email protected], phone: 85 262 67 51, fax. (85) 279 1466, on the website www.vvtat.lt (as well as the territorial units of the State Consumer Rights Protection Service in the districts) - or by filling in the request form on the EGS (European Commission’s online dispute resolution platform) https://ec.europa.eu/odr/.
As a consumer, you may also bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Breezit’s place of business. If Breezit wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.
Business client disputes. All disputes arising out of the performance of the Terms and other agreements shall be resolved by negotiation between the parties. In the event of failure to reach an agreement, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania, with jurisdiction to be determined according to the address of the registered office of Breezit‘s contracting entity.

25. Contracting Entities.

The table below identifies the Breezit entity with which you have entered into a contract, according to your country of residence (natural persons) or establishment (companies):

Your place of residence or establishment:	Contracting entity/company (Breezit):	Contact information:	Applicable law:
United States of America	Breezit Inc., EIN 38-4199735, address 2055 Limestone Rd STE 200-C, Wilmington, DE, Wilmington, US, 19808	[email protected]	Laws of of the State of California and the United States of America
Republic of Lithuania	Vesele Tech, UAB, company code 305207194, address Vokiečių g. 28-4, Vilnius, LT-01130	[email protected]	Laws of the Republic of Lithuania

If you change your country of residence or establishment, the Breezit company you contract with, and the applicable version of the Terms will be determined by your new country of residence or establishment from the date on which your country of residence or establishment changes.

26. Miscellaneous.

Member liability. All Members shall be fully liable for all damages incurred by Breezit, including all direct and indirect damages, loss of income/profits etc., caused by its illegal or infringing acts against Breezit. In the event that the law limits the amount and/or scope of damages to be indemnified, Member shall reimburse Breezit for the maximum amount of damages permitted by law.
Other Terms Incorporated by Reference. Our Privacy Policy and other supplemental policies and terms linked to in these Terms apply to your use of the Breezit Platform, are incorporated by reference, and form part of your agreement with Breezit.
Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between you and Breezit pertaining to your access to or use of the Breezit Platform and supersede any and all prior oral or written understandings or agreements between you and Breezit . These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Breezit. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 21 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
No Waiver. Breezit’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Breezit’s prior written consent. Breezit may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice, provided that this does not reduce the scope of the guarantees offered to the Event Host (natural person, consumer).
Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Breezit via email, Breezit Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
Third-Party Services. The Breezit Platform may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Breezit is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
Google Terms. Some areas of the Breezit Platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
Breezit Platform Content. Content made available through the Breezit Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Breezit and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Breezit Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Breezit grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Breezit Platform and accessible to you, solely for your personal and non-commercial use.
Force Majeure. Breezit shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, internet outages, Denial of Service attacks, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Emails and SMS. You will receive administrative communications from Breezit using the email address or other contact information you provide for your Breezit account. You may also receive promotional emails from Breezit. No fee is charged for these promotional emails, but third-party data rates could apply. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Breezit account. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically, satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
Contact Us. If you have any questions about these Terms, or any other questions related to the Breezit Platform, please email us at [email protected].

Breezit Terms & Conditions