Terms & Conditions

1. Scope and Application

These Terms and Conditions ("Terms") govern the activation, use, and distribution of Digital Souvenirs offered through the ticketbro platform and constitute a binding agreement between ticketbro GmbH ("ticketbro") and the participating provider ("Provider").

By activating the Digital Souvenir feature within their ticketbro shop, the Provider accepts these Terms in full. These Terms apply in addition to the Provider’s existing ticketbro Platform Agreement and supplement, but do not replace, its general provisions.

These Terms apply to the Provider–ticketbro relationship only and do not confer any rights on end customers, except where explicitly stated. End customer rights are governed by separate consumer-facing terms presented at the point of purchase.

2. Product Description

Digital Souvenirs are personalized digital products (e.g. custom songs, digital keepsakes) made available for purchase by end customers through participating Provider shops. Products are created and delivered digitally by ticketbro based on individual customer inputs submitted during the ordering process.

Because each Digital Souvenir is created to the individual specification of the end customer, it constitutes a personalized product within the meaning of Art. 16(c) of EU Directive 2011/83/EU and § 312g Abs. 2 Nr. 1 of the German Civil Code (BGB).

2a. Licenses and Intellectual Property

All Digital Souvenirs, including their underlying content, structure, creative assets, software, and delivery format, are created by and remain the intellectual property of ticketbro or its licensors. Nothing in these Terms transfers ownership of any intellectual property to the Provider.

Provider license

The Provider receives a limited, non-exclusive, non-transferable, revocable license to make the Digital Souvenir feature available to end customers within their ticketbro shop solely in accordance with these Terms. This license is limited to displaying and enabling the purchase flow and does not extend to any underlying product content.

End customer license

Upon successful purchase and delivery, the end customer receives a personal, non-exclusive, non-transferable, non-sublicensable license to use the delivered Digital Souvenir for private, non-commercial purposes only. The customer may not reproduce, redistribute, sell, broadcast, or commercially exploit the delivered product in any form without prior written consent from ticketbro.

Customer-submitted content

By submitting personal data or customization inputs (such as names, preferences, photos, or other content) during the ordering process, the end customer grants ticketbro a royalty-free, worldwide license to use such inputs solely for the purpose of creating and delivering the ordered product. ticketbro will not use customer-provided inputs for any other purpose beyond order fulfillment. This sub-license arrangement is disclosed to end customers in the consumer-facing terms at checkout.

No IP rights for Providers

Providers do not acquire any intellectual property rights in Digital Souvenir products, content, or formats by virtue of their participation in the program. Providers may not copy, reverse-engineer, or attempt to replicate any component of a Digital Souvenir.

3. Activation and Availability

Providers may activate the Digital Souvenir feature within their ticketbro shop at any time, subject to any eligibility requirements communicated by ticketbro. Once activated, Digital Souvenirs become available for purchase by end customers through designated touchpoints in the checkout and post-purchase journey.

ticketbro reserves the right to modify, expand, limit, or discontinue available Digital Souvenir products at any time. Where such changes materially affect the Provider’s revenue share or the product offering, ticketbro will endeavour to provide at least 14 days’ prior written notice. In cases of urgent technical, legal, or compliance-related changes, shorter notice may be required.

ticketbro does not guarantee the continuous availability of the Digital Souvenir feature and accepts no liability for temporary interruptions caused by maintenance, technical issues, or circumstances outside its reasonable control.

4. Pricing and Revenue Share

Digital Souvenirs are sold at predefined retail prices ranging from €9.99 to €59.99 (inclusive of applicable VAT), depending on product type and tier. All prices displayed to end customers include statutory VAT in accordance with the applicable rate at the time of sale.

Providers are entitled to a 50% revenue share of each completed net sale (i.e. after deduction of applicable VAT) generated through their shop. Revenue is calculated based on the net sale price paid by the customer after deduction of any applicable taxes.

ticketbro reserves the right to adjust retail price tiers upon 30 days’ prior written notice to Providers. Adjustments to the revenue share percentage require a minimum of 30 days’ written notice and the Provider’s implicit acceptance through continued participation, or explicit written agreement where required by applicable law.

5. Payout and Invoicing

Provider earnings from completed Digital Souvenir sales are aggregated monthly and credited via the ticketbro invoicing system. The credit will appear on the Provider’s monthly ticketbro invoice for the calendar month in which the sales occurred, and will be offset against any amounts owed by the Provider to ticketbro for that period.

If credits exceed amounts owed in a given month, the net credit will be carried forward or settled by ticketbro within 30 days of the invoice date, unless otherwise agreed in writing.

ticketbro is responsible for processing all end customer payments, collecting VAT where applicable, and managing revenue distribution in accordance with these Terms. The Provider is not required to issue separate invoices for Digital Souvenir revenue shares.

Earnings on orders that are subsequently refunded will be adjusted in accordance with Section 8.

6. Order Processing and Delivery

All Digital Souvenirs are created, processed, and delivered digitally by ticketbro. Delivery is handled automatically based on the selected product tier and may range from immediate delivery upon purchase to up to 12 hours after the transaction is completed.

ticketbro is solely responsible for the technical creation and delivery of Digital Souvenirs. Providers are not required to fulfil, manage, or manually process any orders. The Provider’s sole obligation with respect to order processing is to ensure the Digital Souvenir feature is correctly enabled in their shop settings.

In the event of a delivery failure caused by a technical error on the part of ticketbro, ticketbro will re-attempt delivery or, where redelivery is not possible, issue a refund to the end customer in accordance with Section 8.

7. Customer Support

ticketbro is solely responsible for all customer-facing support related to Digital Souvenirs, including queries about delivery, product quality, and account access. Contact details for end customer support are provided in the order confirmation email.

Providers are not responsible for handling complaints, refund requests, or product-related inquiries relating to Digital Souvenirs. If a Provider receives such a request directly from an end customer, the Provider should direct the customer to ticketbro via the official support channels.

8. Refunds and Disputes

Refund requests from end customers are assessed by ticketbro in accordance with applicable consumer protection law, including EU Directive 2011/83/EU and the German Civil Code (BGB). Refunds will be issued where the delivered product is defective, not as described, or where ticketbro determines a refund is warranted under applicable law.

Where a refund is issued due to a product defect or a delivery failure attributable to ticketbro, the corresponding revenue share for that transaction will be reversed in full. Where a refund is granted as a goodwill gesture at ticketbro’s sole discretion, ticketbro may elect to bear the cost entirely without adjustment to the Provider’s revenue share.

Providers may not independently issue or authorize refunds on Digital Souvenir orders. Providers who direct customers to make chargebacks or who interfere with ticketbro’s refund process may have their access to the Digital Souvenir program suspended.

8a. Right of Withdrawal – Personalized Digital Products

Digital Souvenirs are personalized products created to the individual specifications provided by the end customer during the ordering process.

Pursuant to Art. 16(c) of EU Consumer Rights Directive 2011/83/EU and § 312g Abs. 2 Nr. 1 BGB, the statutory 14-day right of withdrawal does not apply to goods that are clearly personalized or made to the customer’s individual specification. Accordingly, end customers do not have a right of withdrawal in respect of Digital Souvenirs once the creation process has commenced.

For digital content products, the right of withdrawal additionally expires upon commencement of performance (i.e. start of the creation or delivery process), provided the end customer has given prior explicit consent and acknowledged that the right of withdrawal will be lost upon commencement of performance. ticketbro obtains and documents this consent at the point of purchase via an affirmative checkbox presented to the end customer during checkout.

The exclusion of the right of withdrawal does not affect the end customer’s statutory rights in the event of a defective or non-conforming product. If a Digital Souvenir is defective or materially different from what was ordered, end customers are entitled to remedies under applicable consumer protection law. Requests relating to defective products must be submitted to ticketbro within 14 days of the delivery date.

Providers must not make representations to end customers that contradict or override the above. In particular, Providers must not suggest to customers that returns or refunds are available beyond the statutory rights set out in this section.

9. Provider Obligations

By participating in the Digital Souvenir program, Providers agree to the following obligations:

•  Not to interfere with the Digital Souvenir ordering, creation, or delivery process, including by modifying, disabling, or manipulating the checkout flow in a way that affects the presentation or availability of Digital Souvenirs.

•  Not to make representations to end customers about Digital Souvenirs that are inconsistent with ticketbro’s official product descriptions or these Terms.

•  Not to independently process, refund, or resolve customer complaints relating to Digital Souvenirs without prior written authorization from ticketbro.

•  To promptly notify ticketbro of any complaints, legal demands, or regulatory inquiries received in connection with Digital Souvenirs.

•  To ensure that the Digital Souvenir feature is only made available in markets and contexts where it is legally permissible to sell personalized digital products to consumers.

10. Modifications to These Terms

ticketbro reserves the right to update or amend these Terms at any time. Providers will be notified of material changes via the email address on file with ticketbro at least 30 days before the amended Terms take effect, except where a shorter notice period is required for urgent legal, regulatory, or technical reasons.

Continued use of the Digital Souvenir feature after the expiry of the notice period constitutes acceptance of the updated Terms. If a Provider does not accept the updated Terms, they may deactivate the Digital Souvenir feature as described in Section 13 before the effective date of the changes without penalty.

Non-material changes (such as corrections of typographical errors, updated contact details, or clarifications that do not affect rights or obligations) may be made without prior notice.

11. Limitation of Liability

ticketbro’s liability to Providers in connection with Digital Souvenirs is limited as follows:

•  ticketbro is not liable for indirect, consequential, or incidental damages, including loss of anticipated revenue, loss of business opportunity, or loss of reputation, arising from the use or non-availability of Digital Souvenirs.

•  ticketbro’s aggregate liability to the Provider in any calendar year shall not exceed the total revenue shares paid to that Provider in the preceding 12 months.

•  ticketbro is not liable for delays or non-performance caused by circumstances beyond its reasonable control, including but not limited to third-party service outages, force majeure events, or regulatory requirements.

Nothing in these Terms excludes or limits ticketbro’s liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection provisions.

12. Data Protection

The processing of personal data in connection with the Digital Souvenir program is governed by ticketbro’s Privacy Policy and, where applicable, a separate data processing agreement ("DPA") between ticketbro and the Provider.

ticketbro acts as the data controller for personal data collected from end customers in the course of Digital Souvenir orders. Providers do not receive access to end customer personal data submitted during the Digital Souvenir ordering process unless separately agreed in writing.

Both parties agree to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR / EU 2016/679) and the German Federal Data Protection Act (BDSG), in connection with their activities under these Terms.

13. Provider Deactivation and Withdrawal from the Program

Providers may deactivate the Digital Souvenir feature at any time through their ticketbro shop settings. Deactivation takes effect within 48 hours of the request being submitted and removes Digital Souvenirs from the Provider’s active customer touchpoints.

Deactivation does not affect orders placed prior to the deactivation date. ticketbro will continue to process, fulfil, deliver, and support all orders placed before the deactivation takes effect. Revenue shares attributable to such pre-deactivation orders will be credited in accordance with the standard invoicing schedule set out in Section 5.

A Provider who has deactivated the Digital Souvenir feature may reactivate it at any time, subject to the Terms in effect at the time of reactivation.

ticketbro reserves the right to suspend or permanently terminate a Provider’s access to the Digital Souvenir program without prior notice in the event of:

•  A material or repeated breach of these Terms;

•  Actions that harm, mislead, or defraud end customers;

•  Any activity that brings ticketbro into disrepute or exposes ticketbro to legal liability;

•  Insolvency, administration, or cessation of the Provider’s business.

Where termination is not due to the Provider’s fault, ticketbro will provide at least 14 days’ written notice before access is removed. In all cases, revenue shares earned on completed orders prior to termination will be settled in accordance with Section 5.

14. Contact

For questions regarding these Terms or the Digital Souvenir feature, Providers may contact ticketbro support via the official support channels listed in the ticketbro Provider Portal.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Any dispute arising out of or in connection with these Terms, including disputes regarding their formation, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Munich, Germany, unless mandatory applicable law requires otherwise.

If the Provider is domiciled in a jurisdiction where mandatory local commercial or consumer law provisions apply that cannot be contractually excluded, such provisions remain unaffected by this choice of law and jurisdiction.