Terms for organizers

Who these terms are between

These terms are an agreement between Appy Solutions EOOD (company number 206612061, VAT BG206612061, ul. Ivan Susanin 45, vh. A, Sofia 1618, Bulgaria; “we”), which operates Sivamo, and you, the organizer: the business, club, association or person who publishes departures on Sivamo (“you”).

You accept them when you tick the box for the terms for organizers, at the latest when you publish your first departure. We record the date and the version you accepted. They add to the Terms of use, which still apply to your account. Where the two differ, these terms win for your work as an organizer. How we handle personal data is in the Privacy policy, and what may be posted is in the Content rules.

They are our terms for business users under Regulation (EU) 2019/1150 on fairness for business users of online services (“platform-to-business”).

What Sivamo does, and what it doesn't

You are the organizer of your trips; Sivamo is only the platform. We don't sell, organize or provide trips, we don't act as your agent, and we are not a party to the contract between you and a traveller. You are responsible for the trip, for what your pages say and for your duties to travellers under the law.

We give you the tools to run your departures: the editor, a public page for each departure and a page for your organizer profile, requests and bookings, the departure board, payment links and reminders, messages to participants, the departure group and the other features shown on Pricing.

How the money flows:

• travellers pay online by card through Stripe, straight into your own Stripe account;
• Stripe takes our fee out of each online payment and sends it to us; we never hold the price of your trip;
• payments made outside the app (cash, bank transfer) go straight to you, and you record them by hand.

Your organizer profile

• Give accurate details and keep them up to date: the name shown to travellers, the country, a contact email or phone and, for a company, its legal name, registration number, tourism licence and insolvency protection where your law requires them. Travellers see the details shown on your pages.
• Create a profile only for a business or a club you are allowed to act for. One business, one profile.
• If you let other people work in your profile, you are responsible for what they do there. Give each of them only the access they need.
• Keep the sign-in to your account safe, as the Terms of use say.

Checks. We don't check every licence or insurance before you publish: you declare them and you answer for them. We may ask you for proof at any time, for example after a report, and we may limit your profile until you send it. Stripe checks your identity and your business under its own rules before it lets you take card payments and pays you out.

New organizers. In your first 7 days you can publish up to 5 departures. We can raise the limit if you ask.

Trader or not

When you choose “A travel agency or a company”, you act as a trader. Consumer law, and the law on package travel where it applies, governs your contracts with travellers. A club, an association or a guide who sells trips regularly and for money is usually a trader too: then choose “A travel agency or a company”.

Your choice is your declaration of whether you are a trader, and your public pages show it: “Professional organizer” for “A travel agency or a company”, “Non-professional organizer” for “A club or an association” or a personal profile, with a note that EU consumer rights don't apply to a contract with someone who isn't a trader. The law requires travellers to know this. If your situation changes, tell us at support@sivamo.app. Never present yourself as a private person if you act as a business.

Your departures

For each departure you publish, you agree that:

• you are allowed to sell it, and you have the licences, insurance and insolvency protection the law of your country requires;
• where the trip is a package or a linked travel arrangement, you have the duties of the organizer or the retailer under Directive (EU) 2015/2302 and your national law: the information before booking (including the standard information form), the contract, the protection against your insolvency, the help to travellers in difficulty and the responsibility for the services;
• the page is accurate and complete: the dates, the itinerary, the meeting place, what is included and what isn't, the number of seats, the deposit and the payment dates and the cancellation terms;
• the price is the full price: it includes every tax and charge a traveller can't avoid. Anything a traveller must pay on top is clearly on the page, with its amount. No hidden fees;
• you have the rights to the photos, texts and logos on the page;
• you honour the requests you accept, at the price and terms shown when you accepted them, and you change them only as your terms and the law allow;
• you close or cancel a departure you can't run, and you keep its seats and dates true.

If you cancel a departure in the app, the online payments are refunded in full from your Stripe account. Payments you recorded by hand, you refund yourself.

Payments and payouts

• To take card payments, you connect your own Stripe account (a standard account, with its own Stripe dashboard). You accept Stripe's terms, including its connected account agreement.
• You are the seller: the traveller pays you, and Stripe charges its own processing fees to your Stripe account.
• Stripe pays your balance out to your bank on the schedule you set in Stripe. We don't hold, delay or release your money.
• The app splits the price into the deposit and the balance you set, sends travellers the payment links and reminds them by email before and after the due dates.
• Payments made outside the app you record by hand; they never pass through us.
• If Stripe limits or closes your account, you can't take card payments until it's solved. Payments recorded by hand keep working.

Our fees

We charge a fee on each online payment a traveller makes for your departures. Travellers pay the price of the departure, nothing on top: the fee comes out of the payment, and Stripe sends it to us.

The rate depends on where the seat came from and on your plan:

• seats from your own links, or with no known source;
• seats Sivamo brings you: a seat counts as ours only when the traveller arrives through a link we publish and mark as ours. The page a visitor came from doesn't decide the fee;
• payments you record outside the app: no fee for now. They may become paid later; if so, we tell you at least 30 days before.

The rates in force, and any launch offer, are on Pricing, in the editor when you publish, on the departure board and in Settings, under Payouts.

• The rate is fixed on a booking when you accept the request. A later change of rates, of your plan or of an offer doesn't change bookings already accepted.
• We tell you about a new fee or a higher rate by email at least 30 days before it applies. It applies only to requests accepted after that date.
• We may agree a different rate with you in writing. It then shows in your settings.

Refunds and disputes

• Refunds of a trip are your decision and your duty, under your cancellation terms and the law. You make them from the app, and Stripe takes them from your Stripe balance.
• When you refund an online payment, in full or in part, our fee for that payment comes back to you in the same proportion.
• Keep enough money in your Stripe account for refunds. If your balance goes negative, Stripe may recover the amount under its own terms.

Disputes. A traveller's bank may dispute a card payment (a chargeback). The dispute is handled in your Stripe account, under Stripe's rules: you answer it there, and if you lose it, you bear the amount and Stripe's dispute fee. We tell you by email when a dispute starts. Our fee isn't returned for a dispute you lose.

Taxes, invoices and tax reporting

• You are responsible for the taxes on your trips (for example VAT, including the special scheme for travel agents where it applies, and income tax) and for the invoices or receipts you owe travellers. Sivamo doesn't issue invoices to travellers for you.
• Our prices for organizers are without VAT. We add VAT where the law requires it. For a business with a valid VAT number in another EU country, VAT is usually due by reverse charge.
• We issue invoices for our fees and plans as the law requires. Payments for plans come with an invoice from our payment provider.

Reporting to tax authorities (DAC7). If the law requires us to report sellers to the tax authorities (Directive (EU) 2021/514, “DAC7”, as applied in Bulgaria), we collect the details it asks for and report, once a year, the money paid for your services on Sivamo and our fees. The details are, for example, your name, address, tax identification number, VAT number, the bank account you are paid into and, for a person, the date of birth. The report goes to the Bulgarian tax authority, which may share it with the tax authorities of other EU countries. We tell you before we report and give you a copy of what concerns you. If you don't give us the details after two reminders, we may stop your departures from taking payments until you do.

Organizer plans

Start is free. Pro and Max are paid, monthly or yearly, at the prices on Pricing, without VAT. A plan belongs to the organizer profile and is paid by its owner. While plans aren't on sale, everything is included.

What each plan includes (the active departures at a time, the AI credits each month, the rate on seats from your link, hiding “Made with Sivamo”) is on Pricing and in Settings, under Organizer plan.

• Free periods. A profile gets a free Pro trial once. Launch offers may give more. A free period ends on its own: if you chose a paid plan, the first payment is taken when it ends; if not, the profile moves to Start.
• Renewal. A paid plan renews at the end of each period until you cancel it. You cancel in Settings, under Organizer plan: the plan stays until the end of the paid period, then the profile moves to Start. Until then, you can resume it.
• Changing plan. Moving between Pro and Max is prorated by our payment provider.
• Failed payments. If a renewal payment fails, the plan stays while the payment is retried. If it still fails, the plan ends and the profile moves to Start.
• Back on Start. Your departures stay published. If you have more active departures than Start allows, those that start last stop taking new requests. People who already have seats keep them, and their groups don't change. “Made with Sivamo” shows again.
• Refunds. A period that has started isn't refunded, unless the law requires it.
• Price changes. We tell you by email at least 30 days before a new price applies. It applies from your next period after that, and you can cancel before.

AI credits. Pro and Max include AI credits each month for the work of your profile and for your departure groups; the included credits are for that month. Your profile can also buy credit packs, valid 12 months, used after the month's included credits, oldest first. When the profile's credits run out, the AI features that use them stop until the next month or a new pack. They don't use the personal credits of the people in your profile.

Where your departures appear, and in what order

A departure that is public appears:

• on its own page, which search engines can show;
• on your organizer page, with your other upcoming departures, the soonest first;
• in the site map we give search engines;
• in Trips with free seats, the suggestions inside groups of friends who plan a trip: a departure is suggested when its dates fit the group's dates, it goes to a country the group is considering, its text matches the theme or the sport the group chose, and it still has free seats. The soonest comes first;
• wherever you share its link.

A departure set to “Only people with the link” appears only to people who have the link: not on your organizer page, not in the site map and not in suggestions. A hidden or cancelled departure isn't suggested either.

Your place can't be bought. Your plan, your fees and any payment to us don't change the order. We don't sell trips of our own that compete with yours. We don't publish ratings or reviews of organizers today. If we ever offer paid placement, it will be labelled as such, and we will change these terms first.

Different treatment

The rules for ranking, moderation and data are the same for every organizer. What differs, and why:

• the plans: what each includes, as shown on Pricing;
• the rates: seats Sivamo brings you carry a different rate from seats from your own links; clubs pay a lower rate on seats from their links; a private person who sells seats in their own group of friends pays no fee;
• launch offers: the first organizers may get a lower rate or a free plan for a period, as announced on Pricing;
• individual agreements: a rate or a higher publishing limit that we agree with you, in writing.

We don't sell trips, so we never favour offers of our own over yours.

Our own services to travellers

We sell travellers and groups of friends our own services: personal plans and AI credits. In groups of friends only, we may show links to other providers (hotels, flights, activities) that can earn us a commission. The groups of your departures don't get these links.

We don't sell travel insurance, transport, accommodation or extras for your departures. You can offer your own extras on your departure pages, as part of your offer.

Data: what you see, what we see

What you see, for your departures:

• for each booking: the traveller's name and contact details, the people they travel with, their answers to your questions, the seats and the parts of the trip they booked, and the payments with their state. You can export them with Export CSV;
• what is written in the groups of your departures;
• the position of a participant on the group map, only if they turn sharing on;
• how many past travellers ticked “Tell me about other trips from this organiser.”, so you can send them announcements through Sivamo;
• how many people follow a departure, without their email;
• visits and requests on your pages, counted without names.

What we see. We have access to everything stored on Sivamo, including your pages, bookings, payments and messages. We use it to run, secure and support Sivamo, to calculate fees, to handle reports and complaints and to meet the law. Our team sees a message from a private group only when someone reports it. We don't sell your data or your travellers' data, we don't give them to other organizers, and we don't use them to sell trips. We may use figures across many organizers, without your name, to improve Sivamo.

Who is responsible for what (GDPR). For the travellers' data you get to run your trips, you are a separate controller: you decide what you do with it, and you answer for it to the travellers and to the authorities. You use it only to organize the trip, for the announcements they agreed to and as the law requires. You keep it no longer than you need it, and you answer their requests (access, correction, deletion) within the deadlines of the GDPR. We are the controller of the data we process to run Sivamo, as the Privacy policy says.

After the end. Export what you need before you leave. Bookings are anonymized 24 months after the departure ends, or 30 days after a traveller asks you to delete their data. After your profile is closed, we keep data only as the Privacy policy and the law require (for example accounting records). In the 30 days after the end, you can ask us at support@sivamo.app for a copy of the data about your departures and bookings.

Your content

Your pages, photos, texts and logos stay yours. You give us a non-exclusive, free, worldwide licence, for as long as they are on Sivamo and for a reasonable time after, to host, copy, show and translate them automatically, to adapt them to other formats (previews, share images, emails, the site map) and to make them available to travellers, to search engines and to the groups that see your departures. We use the licence only to run and show Sivamo. We use your name, logo or pages in our own advertising only with your permission.

• You confirm that you have the rights to what you publish.
• Check what you make with our AI tools or import from your website before you publish it: you are responsible for it as for any other text of yours.
• What may and may not be published, and how reports are handled, is in the Content rules.
• When you delete content, copies may remain in our backups for a limited time, and what you sent to participants stays in their groups and emails.

Messages to participants and followers

You can write to the people booked on a departure (all of them, those on one part of the trip, those who haven't paid, the waiting list), to past travellers who agreed to hear from you and to the people who follow a departure (you don't see their email).

• Messages from the organizer always reach participants by email: they can't switch them off. Use them only for the trip: practical information, changes, payments, safety. No advertising.
• Send announcements of new trips only through Sivamo and only to past travellers who agreed. Every email has an unsubscribe link, and you respect it.
• You are responsible for what your messages say, and the Content rules apply to them.
• We add our footer to the emails and, on Start, “Made with Sivamo”.

Restriction, suspension and termination

What we can do: hide a departure page (people with seats keep them; the page takes no new requests), limit publishing, stop new requests or card payments through Sivamo, suspend your organizer profile, or end these terms and close the profile.

Why:

• a breach of these terms, of the Terms of use or of the Content rules;
• illegal content or activity, including selling trips without a licence or an insolvency protection the law requires;
• fraud, or a serious risk to travellers;
• company details that are missing, false or out of date, or proof we asked for and didn't get;
• an order of an authority or a court;
• a serious risk to the security of Sivamo or of its users.

Reasons. When we restrict or suspend, we send you the reasons by email before the measure takes effect or, at the latest, when it does: the facts, the rule and how to contest it (see Complaints). You can clarify the facts. If we agree, we lift the measure without delay.

Notice before termination. If we end these terms for your whole profile, we tell you at least 30 days before, with the reasons. We end them sooner only when the law or an authority requires it, when we have a mandatory reason under national law, or when you have repeatedly broken these terms. Even then we give you the reasons, unless the law forbids it.

Until the trips already booked end, you still honour them, and you can still write to their participants and handle refunds.

Changes to these terms

• We tell you about a change by email before it applies: at least 30 days before if your profile has a paid organizer plan (Pro or Max), and at least 15 days before otherwise. We give you longer when you need time to adapt your departures or your setup.
• A change never applies to the past.
• If you don't agree, you can end these terms before the change applies, at no cost (see Ending by you).
• If you publish a new departure during the notice, you accept the change from that moment.
• We change the terms without notice only when the law or an authority requires it, or when we must act at once against an unforeseen and imminent danger (fraud, malware, spam, a data breach or another security risk).
• Each version has a date; we record the version you accepted.

Complaints and mediation

Write to support@sivamo.app about any problem with our service to you: a decision of ours (a restriction, a fee, the ranking), a technical problem, or anything else. Tell us your organizer profile and what happened. We confirm that we received it and answer within 14 days, in clear and simple words. When a case needs more time, we tell you why and when you'll have the answer. Complaining is free.

If a complaint isn't solved, we are willing to try mediation in good faith, with a mediator we agree on with you, in Bulgaria or online. Each side pays its own costs, and we pay a reasonable part of the mediator's fee. Trying mediation doesn't stop either of us from going to court.

Liability and indemnity

• We provide Sivamo as it is and as available. We don't promise any number of bookings or any revenue.
• We are not liable for your trips, for what travellers do, for Stripe or other third parties, or for indirect losses (lost profits, lost business, data you could have exported).
• Our total liability to you under these terms is limited to the fees and plan payments you paid us in the 12 months before the event that caused the loss.
• Nothing in these terms limits liability that the law doesn't allow to be limited, for example for intent or gross negligence, or for death or personal injury.

Indemnity. You indemnify us against claims, fines and reasonable costs (including legal costs) brought by travellers, authorities or third parties because of your trips, your content, your messages, your use of travellers' data or your breach of these terms or of the law, unless we caused them. We tell you promptly about such a claim and let you take part in the defence.

Ending by you

You can stop at any time: stop publishing, cancel your plan (it stays until the end of the paid period) and ask us at support@sivamo.app to close your organizer profile.

• Before you leave, finish or cancel your departures and handle the refunds. You stay responsible for the bookings you accepted.
• Closing the profile doesn't refund a plan period that has started.
• Your Stripe account stays yours.
• What these terms say about payments, refunds, disputes, taxes, data, liability, indemnity and the law still applies after the end.

Law and courts

These terms are governed by the law of Bulgaria. The courts of Sofia, Bulgaria, decide disputes under them, unless a mandatory rule says otherwise.

If one clause is not valid, the others still apply. We may transfer these terms to a company that takes over Sivamo; we tell you before, and you can end them then.

Contact

Appy Solutions EOOD, ul. Ivan Susanin 45, vh. A, Sofia 1618, Bulgaria. Company number 206612061, VAT BG206612061.

Organizers and complaints: support@sivamo.app. Personal data: privacy@sivamo.app. The points of contact for authorities and users under the Digital Services Act: dsa@sivamo.app, with the details on Legal notice.