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Terms & Conditions


These Terms of Use ("Terms of Use") set forth the terms and conditions governing the use of the DancePass System, which you accept by registering and logging into the DancePass System, and the operator of the DancePass System authorizes you to use the system.

By logging into the DancePass System, you expressly confirm that you have read these Terms of Use, that you are fully familiar with and understand the provisions set forth herein, and that you acknowledge that they are binding upon you.

These Terms of Use apply to the current state of the DancePass System and any future modifications and versions thereof.

These Terms of Use shall take effect immediately upon commencement of use of the DancePass System.

If you do not accept the terms and conditions set forth below, please discontinue use of the system immediately.

1. The DancePass System

The DancePass System is an online business management software designed to make it easier for its users (including partners, their managers, instructors, and users) to perform tasks arising from the activities they organize, provide, or use, including scheduling and appointment booking, as well as Users) in organizing, providing, or utilizing activities, including scheduling and appointment booking tasks, as well as maintaining related records and accounts, and facilitating communication between service providers and users in relation to the given activity.

The provider of the DancePass System:

Service provider: Ádám Földvári

Registered office: 1115 Budapest, Hídvég utca 2/a

Email: dancepassapp@gmail.com

Website: www.dancepass.eu

2. Definitions

In these Terms of Use, capitalized terms have the following meanings:

"DancePass": Ádám Földvári, sole proprietor, as the provider of the DancePass System.

"DancePass Service" or "DancePass System": The online business management software used by Users, which is available on the web. The DancePass System is an online business management software designed to make it easier for its Users (including its Partners, their Managers, Instructors, and Users) in performing tasks arising from the activities they organize, provide, or use, including scheduling and appointment booking, as well as maintaining related records and accounts, and facilitating communication between service providers and users in connection with the given activity.

"Partner" or "Partners": One or more businesses engaged in sports, recreation, dance, other leisure, educational, or other activities, which provide various activities organized by them and provided by Instructors or other staff to Users on the basis of a contract concluded with DancePass, and performs all administrative tasks related to these activities using the DancePass System. The Partner is entitled to use the DancePass System in exchange for payment.

"User": The Partner, its Manager, the Instructor, and the Users (including you) who use the DancePass System.

"User Role": A User may have multiple user roles in the DancePass System (Manager, Instructor, User). User roles are stored in the system, so a higher-level role (e.g., Manager) has all the privileges of a lower-level role (e.g., Instructor).

"User Account" or "Account": an account created in the DancePass System upon registration and login.

"Terms of Use": this agreement and any future amendments thereto.

"GDPR": Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

"Manager": The Manager generally represents the Partner legally, but at least on the basis of the agreement between DancePass and the Partner, when using the DancePass System, as a data controller, is authorized to act on behalf of the Partner, and is responsible for operating a given Partner in the DancePass System. As a data controller, the Manager accesses and processes all data of Instructors and Users in accordance with its relevant rights.

"Instructor": The Instructor provides various activities for Users as organized by the Partner, manages the classes they hold, and accesses User data based on the permissions granted by the Manager. The Instructor does not have to pay DancePass for the DancePass Service, as the fee is included in the fee paid by the Partner.

"User": Anyone who uses the service organized by the Partner and provided by the Instructor, and uses the DancePass System for this purpose. The Dancer is entitled to use the DancePass system free of charge.


3. DancePass' Obligations

3.1 The DancePass Service

DancePass shall make every effort to ensure that the DancePass Service is available to Users, with the exception of external events and circumstances beyond DancePass's control (e.g., internet availability, availability of other service providers used to provide the DancePass Service, virus attacks).

3.2 Using the DancePass System

The Partner enters into a DancePass service agreement, after which the Partner's Manager and Instructors register in the system. DancePass assigns roles to the Users specified by the Manager. Users can use the DancePass System by registering on the DancePass page of the given partner (via the appropriate subdomain) and then confirming the email received from DancePass based on the message sent to the User's email address. Another way to use the DancePass Service – based on a different agreement with the Partner – is for the User to register for a publicly available Workshop. After registration, all Users and Partners can access the DancePass Service by logging in with a password.

3.3 Data management, data protection, data processing

3.3.1 DancePass draws attention to the fact that, in connection with the use of the services provided by Partners, when processing the personal data of data subjects, the Partner generally acts as a data controller and DancePass acts as a data processor in accordance with the definitions of the GDPR when using the DancePass System. 

3.3.2 DancePass draws attention to the fact that when visiting the DancePass website, the legal entity defined as a Partner in the DancePass General Data Processing Policy may act as a data processor, thus the data specified in the annex may be transferred, to which the data subject consents by using the DancePass website. For further details, please refer to DancePass's General Data Protection Policy (Data Protection Notice regarding the use of cookies).

3.3.3 DancePass shall do everything in its power to protect all data stored in the DancePass System. 

3.3.4 DancePass, as a data processor, is committed to built-in and default data protection in accordance with the Regulation. Accordingly, DancePass continuously strives to incorporate data protection considerations into the DancePass System from the ground up, rather than having to consider data protection compliance at the last minute.

3.3.5 DancePass uses cookies and other technologies to operate the DancePass system, to which the User consents:

user_id

This cookie stores the login details of DancePass users. Its purpose is to avoid having to log in to DancePass every time. It is valid for 2 years.

_ddance_pass_session

This cookie stores the actions of DancePass users. It is a functional cookie necessary for the operation of the website and does not store user data. It is valid until the browser is closed.

3.3.6 Data processing

In accordance with the agreement concluded with the Partner, DancePass uses the DancePass System for the service provided to Users by the Partner as data controller. Based on this cooperation, DancePass qualifies as a data processor in accordance with the provisions of the GDPR, within the framework of which:

  • personal data is only processed if the Partner, as the data controller, or the User, as the data subject, initiates this in the DancePass System.

  • DancePass does everything that can be expected of it to ensure the security of the data stored in the DancePass System.

  • Personal data recorded in the DancePass System is only accessible to DancePass employees and contributors who need it for their work and who have undertaken to maintain confidentiality with regard to the data processed.

  • DancePass may use subcontractors in the provision of the DancePass Service. In this context, DancePass shall ensure that its subcontractors act in accordance with the business confidentiality undertaken by DancePass.

  • DancePass is not responsible (and excludes liability) for detecting and correcting incorrect data recording by Users, or for troubleshooting and correction resulting therefrom, except for facilitating the exercise of the rights of data subjects under applicable law.

  • In the event of termination of the contract between DancePass and the Partner, DancePass shall return all personal data recorded in the DancePass System to the Partner and delete it, unless otherwise provided for in the General Data Protection Regulation, European Union or national legislation.

4. User Obligations

4.1 Personal Data

The User is obliged to take all necessary precautions to ensure the security of their personal data. In this context, the User has a primary, but not exclusive, responsibility to store their password securely. In this context:

  • Do not disclose your password under any circumstances.

  • If you feel that unauthorized persons have learned your password, change it.

DancePass accepts no responsibility for the above or for any damages resulting therefrom (including damages both within and outside the DancePass System).

4.2 Terms of Use

Partners using the DancePass System are responsible for ensuring that Users belonging to the Partner are familiar with these Terms of Use. Users are obliged to comply with the provisions of these Terms of Use, in particular, but not exclusively, to fulfill all obligations which, as set out in Section 7.3, may result in the termination of the DancePass Service.

4.3 Use of the DancePass System by Minors

Use of the DancePass system is permitted for persons over the age of 12, or under this age if the minor user's parent consents to such use. It is the Partner's responsibility and obligation to obtain such consent prior to the minor user's registration in the system.

4.4 Use of the DancePass Service in public places

If the User uses the DancePass System in a public place (e.g., an internet café), in addition to the security measures implemented in the system, the User's cooperation is also necessary to protect data.

In view of data protection risks, DancePass does not recommend using the DancePass System via free, open Wi-Fi networks. DancePass excludes its liability for damages resulting from incidents arising from the use of free, public Wi-Fi networks to the fullest extent permitted by law.

If there is a possibility that others may have access to the computer used by the User, the following security measures are recommended:

  • Never leave the computer unattended while using the DancePass System.

  • Exit the DancePass System by clicking the Logout button, not by closing the browser window.

  • Do not allow the browser to store temporary Internet files.

4.5 Inappropriate content

Users are prohibited from uploading, recording, or transmitting inappropriate, illegal, harmful, pornographic, or otherwise content, information, or data that could jeopardize the reputation of DancePass through the DancePass System.

4.6 System messages

By accepting these Terms of Use, the User agrees that they may receive system messages from time to time regarding the DancePass Services and System, including information about the use and maintenance of the System, usage tips, and related information. DancePass emphasizes that these system messages do not constitute a newsletter.

5. Other Terms

5.1 Disclaimer

5.1.1 DancePass employees and owners are not liable for any direct or indirect damage, injury, or accident resulting from the use of services provided by the Partner within the DancePass System. This disclaimer of liability includes, but is not limited to, the following:

  • downtime or failure of the DancePass Service,

  • loss of data due to causes beyond the control of DancePass,

  • the DancePass Service being unsuitable for the User.

5.1.2 Uploading of inappropriate, illegal, harmful, pornographic or otherwise content, information or data by any User to the DancePass System that jeopardizes the reputation of DancePass.

DancePass is not obliged to check the content uploaded by Users to the DancePass System, therefore DancePass cannot be held responsible for, nor is it responsible for, any stored content whose illegality or underlying facts it is unaware of.

If DancePass does not perform any editorial tasks over the content published on the platform it provides, it excludes its responsibility for the publication of the given content through the DancePass System to the fullest extent possible. In this case, DancePass cannot be considered the publisher or presenter of information provided by others. The essence of the DancePass Service consists of storing and transmitting information sent by Users as parties with editorial influence over the content, thus DancePass is not liable for information stored at the request of a user of the DancePass Service, provided that DancePass has no actual knowledge of illegal activity or information and is not aware of any facts or circumstances that would indicate illegal activity or information; and DancePass, upon becoming aware of such activity, immediately took action to remove the information or disable access to it.

5.2 Responsibility for compliance with accounting and tax obligations

DancePass shall not be liable for the compliance of the accounting or tax practices performed by the User, including, but not limited to, the accounting and tax settlement of online payments and the VAT treatment related to the invoices of foreign service providers (e.g. Stripe).

The User is obliged to act in accordance with Act C of 2000 on Accounting and other applicable laws. DancePass shall not be liable if the User is subject to official proceedings, fines or other legal consequences due to failure to comply with these obligations. The User declares that, being aware of these obligations, they use the services of DancePass at their own risk.

5.3 Accessing the DancePass System

It is prohibited to access the DancePass system by any means other than those provided by DancePass for accessing the DancePass Service. In particular, but not exclusively, it is prohibited to attempt to access the DancePass Service by any automated means (e.g., scripts, bots).

5.4 Maintenance of the DancePass System

DancePass reserves the right to suspend its service for short periods (e.g. for maintenance purposes) with prior notification to Users. Where possible, DancePass will notify Users of such events at least 24 hours in advance.

5.5 Changes to the Terms of Use

DancePass reserves the right to modify or terminate the DancePass Service. If possible, DancePass will notify Users at least 30 days in advance in the event of termination of the DancePass Service.

5.6 Denial of the DancePass Service

DancePass reserves the right to deny any User access to the DancePass Service at any time at its sole discretion.

5.7  Validity, enforceability, completeness

The invalidity or unenforceability of any provision of the Terms of Use shall not affect the validity of the remaining provisions. The Parties agree that, if necessary, they will cooperate in establishing a new provision that best reflects the business purpose of the invalid or unenforceable provision to replace the invalid or unenforceable provision.

5.8 Governing law

These Terms of Use and any matters not regulated herein shall be governed by the laws of Hungary. In particular, the provisions of Act V of 2013 on the Civil Code and all other applicable Hungarian and European laws shall apply.

In case of cross-border disputes within the European Union, the relevant rules of international private law and EU consumer protection legislation shall also be taken into account.

6. Copyright

The content of the DancePass Service website and mobile application (e.g., text, data, video, audio, images, hereinafter referred to as "materials") – excluding materials made available to DancePass by Users – is the exclusive intellectual property of DancePass and may only be used online, in print, or in any other form with the prior written consent (permission) of DancePass. Certain parts of the Website may be saved or printed for personal (own) use only. However, this right does not constitute consent (permission) to reproduce, distribute, make available (downloadable), store in a database, or otherwise modify or use the downloaded materials for commercial purposes, or to copy them. Images found on the DancePass Service website and mobile application may only be used by third parties with express permission. Their use without authorization violates copyright and privacy laws.

7. Subscribing to the DancePass service

7.1 Subscription Process


In order to continue using DancePass and the service, Partners are required to subscribe, and after use, Partners are required to pay a subscription fee.

The current subscription fees for the service are available to everyone on the https://dancepass.eu website.

The system can be expanded at any time upon request by the Partner via email or a recorded telephone conversation after customer service identification.

The subscription fee can be paid by the Partner on a monthly or annual basis. The amount paid is recorded by DancePass, which provides the Partner with regular statements of their current balance in accordance with the payment period (monthly or annual).

The subscription fee is due from the day the Partner orders the service and it becomes available to the system on the corresponding subdomain page.

DancePass reserves the right to partially or completely restrict (suspend) the service in whole or in part. Subscription fees are payable to DancePass even during the period of suspension due to late payment, but in the event of suspension at the Partner's request, the system will not be billed during the suspension period.

 7.2    Contents of the subscription fee

The subscription fee for the DancePass management system, which can be rented as an online service, includes the continuous operation of the software, subsequent developments, as well as daily data backup and storage at a location independent of the server.

The regular gross subscription fee is calculated based on the selected subscription plan.

7.3 Subscription fee refund guarantee

DancePass undertakes that if the Partner expresses dissatisfaction with the DancePass System in writing, by email, within 30 days of paying the first subscription fee, stating the reasons for such dissatisfaction, DancePass will refund the amount of the subscription fee paid within 14 days. via email within 30 days of paying the first subscription fee, DancePass will refund the amount of the subscription fee paid to the Partner within 14 (fourteen) days. The Customer is obliged to justify their dissatisfaction for quality assurance purposes in order to fulfill their obligation to provide justification.

7.3 Online ticket and pass sales for course lessons

If the Partner uses the online payment function for course lessons, DancePass will charge a service fee of 0.5% per transaction, which will be automatically deducted when the transaction is completed. This transaction fee is 1.5% for packages without a monthly fee. (When using QR code entry, we charge a +0.5% transaction fee.)

8.  Online ticket and pass sales for events

8.1 Nature of the service

Through the DancePass system, Partners can sell tickets and/or passes for events they organize online. DancePass acts solely as a technical intermediary in the transactions, does not become the seller of the tickets, and does not organize or conduct the event. The Partner is solely responsible for the proper conduct of the Event.

8.2 Service fee

If the Partner uses the online payment function, DancePass will automatically deduct the following upon completion of the transaction:

  • 0.5% service fee per ticket.

  • 1% service fee if the Event uses QR code admission.

These fees cover the technical processing and administration of ticket sales and are non-refundable in the event of transaction cancellation or failure..

8.3 Transferability of tickets

Tickets sold through the DancePass system are not registered to a specific name and are currently transferable. Admission is based on the first valid QR code scan. Any further attempts are invalid and admission may be denied.

8.4 Cancellation of an event

DancePass will do everything in its power to inform the User in a timely manner of the cancellation of an Event and to facilitate the refund of tickets. The Partner shall decide on the details of the refund (location, deadline, method). DancePass shall not be obliged to provide a refund or compensation, and service and transaction fees shall not be refundable in such cases.

8.5 Ticket management and responsibility

The User is obliged to present the admission ticket (E-ticket) for the Event in printed form or accessible on their mobile device. After the QR code has been validated, the ticket will be immediately invalidated. Admission is based on the first validation. DancePass is not responsible for any damages resulting from the loss, theft, incorrect or multiple printing of the ticket. Refusal of entry for such reasons is lawful and does not give rise to compensation.

8.6 Tax liability

If the End User violates any tax laws in connection with the use of DancePass, they shall bear full responsibility for any fines, damages, or costs incurred by the invoicing party.

In particular, the End User irrevocably undertakes to indemnify the invoicing party designated under Act CXXVII of 2007 on Value Added Tax for any such liabilities arising from the User’s unlawful actions.

8.7 Limitation of Liability

DancePass excludes all liability for damages arising from the Event Organizer's, User's, or any third party's breach of contract, unlawful conduct, or negligence.

8.8  General terms and conditions for attending events

  • Responsibility: The Partner is solely responsible for organizing and running the event. DancePass isn't considered the organizer, so it's not responsible.

  • Legal relationship: A legal relationship is created between the ticket holder and the Partner.

  • Ticket use: The ticket entitles the holder to a single entry. Lost, damaged or multiple printed tickets cannot be replaced.

  • Admission: Admission may be refused in the case of counterfeit or inappropriate tickets (e.g. not eligible for a discount).

  • Participation: Participation in the event is at your own risk. Admission is not permitted under the influence of mind-altering substances.

  • Recordings: Image and sound recordings may be made at the event. Visitors may not claim compensation in this regard.

  • Exclusion: Persons who violate the house rules or safety regulations may be removed.

  • Modification/Cancellation: The program and participants are subject to change. In the event of cancellation, the Partner shall have sole discretion over refunds.

  • Vis maior: In the event of unavoidable external circumstances (e.g., epidemic, natural disaster), neither party shall be liable for performance or compensation.

9. Mailpass / Newsletter sending service

9.1. Using the service

The Mailpass (Cakemail-based) newsletter sending service is an optional, monthly fee-based feature of the Dancepass system. It can be used independently or in conjunction with the Dancepass system. The fee depends on the size of the newsletter contact list – prices can be found on the https://dancepass.eu website.

9.2. Data management responsibility

Schools (as data controllers) may only upload external contacts (not subscribed through the Dancepass system) to the Mailpass interface at their own risk. In such cases, it is the school's responsibility to obtain the appropriate, lawful consent (e.g. through its own website). Dancepass is not responsible for contact lists uploaded by the school from its own sources.

The MailPass Data Management Policy is available here: https://dancepass.eu/gdpr/

9.3. Prohibited content

When using the service, it is prohibited to send content that falls into the following categories:

  • Pornography, erotic content

  • Illegal products or services

  • Pharmaceutical products

  • Offers for work from home opportunities

  • Gambling

  • Multi-level marketing (MLM)

  • Loans, credits, credit repair

  • Sale or transfer of contact lists

9.4. Sanctions

In the event of a breach of the rules or non-payment, Dancepass is entitled to suspend the Mailpass service temporarily or permanently.

9.5. Synchronization and unsubscription management

The Dancepass system automatically synchronizes the data of subscribed users (e.g., name, email, subscription time). In case of unsubscription, the system automatically deletes or deactivates the given contact in the Mailpass system as well.

9.6.  Supplementary provision

In all matters not specifically covered by these GTC, the official General Terms and Conditions of Cakemail shall apply, which are available at the following address:

https://www.cakemail.com/legal/terms-of-use

10.  Cases of termination of the DancePass Service

10.1 Termination of the contract between the Partner and DancePass

The DancePass Service shall terminate if the contract between the Partner and DancePass is terminated. This means that the DancePass System will no longer be available to Users participating in the organization, provision, and use of the service provided by the Partner.

10.2 Termination initiated by the User

The User, as the data subject under the relevant data protection laws, may at any time request the deletion of their data from the DancePass System by sending a request to the Partner as the data controller.

10.3  Termination initiated by the Partner

The Partner may request the termination of the service. This must be done by email no later than 2 working days before the next payment is due. If the next payment period has already begun, the monthly fee will be invoiced.

10.4 Termination initiated by DancePass

DancePass may terminate the DancePass Service with immediate effect if the Partner fails to pay the service fee, or if, in DancePass's opinion, the User has violated the provisions of these Terms of Use, if they allow unauthorized persons to access the DancePass System, and/or if they act or have acted in a manner that negatively affects the reputation of the service provided by DancePass or jeopardizes the secure operation of the DancePass System and Service, the activities of other Users using the DancePass System, or otherwise fails to comply with the provisions of the relevant data protection laws, or acts in a manner that jeopardizes DancePass's compliance with such laws in the course of cooperating to ensure compliance with the provisions the

In the event of termination of the DancePass Service, DancePass shall return all personal data processed as a data processor to the Partner in accordance with these Terms of Use and shall subsequently delete such data from the DancePass System, unless otherwise provided for in the General Data Protection Regulation, European Union or national legislation.

11. Questions and comments regarding the DancePass Service

If you have any questions or comments regarding the DancePass Service, please contact DancePass customer service at the following email address:

dancepassapp@gmail.com.

12. Final provisions

DancePass reserves the right to unilaterally amend and modify the provisions of the GTC.

If any provision of these GTC becomes invalid, unlawful or unenforceable, this shall not affect the validity, legality and enforceability of the remaining provisions.

The provisions of these GTC shall be valid, effective and applicable from May 1, 2024.