This English version is provided for information. The contract language is Hungarian, and in case of any discrepancy the Hungarian version prevails.
These Terms and Conditions (“Terms”) govern the use of the online invitation service available on thisisyes.eu and its subpages (the “Website”). Please read them carefully before registering and ordering. By registering and placing an order you accept these Terms.
1. The Provider
| Company name | ATRIA NOX Korlátolt Felelősségű Társaság (ATRIA NOX Kft.) |
| Registered office and postal address | 1135 Budapest, Reitter Ferenc utca 90. fszt. 2., Hungary |
| Company registration number | 01 09 456681 (Company Registry Court of the Budapest-Capital Regional Court) |
| Tax number | 33054245-1-41 |
| Represented by | Markó Gábor, managing director |
| [email protected] | |
| Phone | +36 70 771 7794 |
Hosting provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA.
2. Definitions
- Provider: ATRIA NOX Kft..
- User: an adult natural person or organisation who registers on the Website and/or orders the service.
- Consumer: a natural person acting outside their trade, business or profession.
- Guest: a person to whom the User sends an invitation through the service.
- Invitation: the online invitation created by the User on the Website for one occasion and available at personal links.
- Package: a one-off service package purchased for an Invitation (Promise, Yes, Forever). Add-on: a feature purchasable in addition to a Package (seating planner).
3. Scope, language and form
3.1. These Terms apply to every contract concluded between the Provider and the User through the Website. The contract language is Hungarian.
3.2. The contract is concluded electronically between parties not physically present and does not qualify as a written contract. The Provider records the order electronically, makes it available in the User’s account and confirms it by e-mail. The current Terms are available at thisisyes.eu/en/terms; earlier versions are available on request.
3.3. The Provider does not subscribe to any code of conduct.
4. Registration and account
4.1. The invitation designer can be tried free of charge without registration. Saving an Invitation, managing guests and ordering require registration, which is open to persons aged 18 or over.
4.2. Users must provide accurate details, keep their password confidential and are responsible for all activity in their account. Suspected unauthorised access must be reported to the Provider without delay.
4.3. Users may close their account at any time by e-mailing [email protected]. Closing the account deletes the Invitations and guest data; fees already paid are not refunded except as set out in section 9.
5. The service
5.1. The Provider enables the User to design an online invitation (template, paper, envelope, wax seal, lettering, frame, effects, texts, photos, music), send it to Guests by e-mail or personal link, and manage Guests’ replies in their account. The exact content of each Package and the Add-on is defined by the description published on the Website at the time of ordering.
5.2. Depending on the Package, the Invitation remains available for 30 (Promise), 90 (Yes) or 365 (Forever) days after the event date, after which the Provider deletes the Invitation and the related guest data.
5.3. The Provider may develop the service and modify the interface and templates, provided that the essential features of a purchased Package are not removed.
6. Ordering
6.1. The User selects a Package or Add-on in their account. Before ordering, a summary shows the product name, the total amount payable and the payment method; at this point the User can go back with the “Back” button and correct any input errors.
6.2. To order, the User must expressly accept these Terms and expressly request that the service begins immediately, before the withdrawal period ends, acknowledging the consequences for their right of withdrawal (section 9).
6.3. By pressing the “Order with obligation to pay” button the User makes an offer and is taken to Stripe’s secure payment page. The contract is concluded upon successful payment. The Provider confirms the order by e-mail, on a durable medium, without delay and within 48 hours at the latest.
7. Prices, payment and invoicing
7.1. Prices of Packages and the Add-on are shown on the Website in Hungarian forints (HUF) as final amounts; the Provider is VAT-exempt. Fees are one-off, apply to one Invitation and involve no subscription.
7.2. When upgrading to a larger Package, only the price difference is payable.
7.3. Payment is made by bank card via Stripe Payments Europe Ltd. (Ireland). Card details are handled exclusively by Stripe; the Provider has no access to them.
7.4. The Provider issues an electronic invoice for each order and sends it to the User’s e-mail address.
7.5. In case of an obviously incorrect price (e.g. a price significantly different from the usual price or HUF 0 due to a technical error), the Provider is not obliged to perform at that price; the User may then withdraw from the order and any amount paid will be refunded.
8. Performance
The Provider activates the Package or Add-on immediately after successful payment, making the purchased features available in the User’s account. At the User’s express request, performance of the service thereby begins.
9. Right of withdrawal and satisfaction guarantee
9.1. Under Hungarian Government Decree 45/2014 (II. 26.), Consumers generally have a 14-day right to withdraw from distance contracts without giving reasons, starting from the day the contract is concluded.
9.2. Immediate performance. Performance of the service begins immediately after successful payment, because the Consumer expressly requests this when ordering. If the Consumer then withdraws within the 14-day period, they must pay the Provider an amount proportionate to the service provided until the withdrawal was communicated (Section 25 of Government Decree 45/2014). The proportionate amount is based on the essential element of the service, the delivery of invitations: the fee is refunded in proportion to the invitations not yet sent. Once the service has been fully performed – i.e. all invitations included in the Package have been sent – the Consumer has no right of withdrawal, as performance began with their express prior consent and acknowledgement (Section 29(1)(a)). This is also stated in the order confirmation.
9.3. Satisfaction guarantee. The Provider undertakes – also towards Users who are not Consumers – to refund the full fee if the User requests it within 14 days of ordering and, until then, has not sent a single invitation by e-mail from the Invitation concerned and no Guest has replied to it. Refunds are made to the original payment method within 14 days of receiving the request.
9.4. How to withdraw. You can submit your withdrawal statement or refund request using the Website’s “Withdraw from contract here” function, by e-mail to [email protected] or by post to the Provider’s registered office, including by using the model form below. We confirm receipt of electronic statements without delay on a durable medium (by e-mail).
10. Content uploaded by the User
10.1. The User warrants that they are entitled to use the texts, photos, music and other content uploaded to the Invitation, that such content does not infringe third-party rights (in particular copyright, personality rights or image rights) and is not unlawful. Obtaining consent from people shown in photos is the User’s responsibility.
10.2. The User grants the Provider a non-exclusive, free licence to use uploaded content solely as necessary to provide the service (storage, display to Guests, technical processing). The Provider does not use such content for its own advertising without the User’s separate consent.
10.3. The service may not be used to distribute unlawful, offensive, hateful, pornographic, spam or misleading content. The Provider may remove such content without notice, make the Invitation unavailable and, in case of serious or repeated breach, close the account, in which case fees are not refunded.
10.4. The User may use the service only for their own private events; creating and selling invitations for third parties on a commercial basis requires the Provider’s prior written permission.
11. Guests’ personal data – data processing terms
11.1. Guests’ data (name, e-mail address, reply details, companions’ names, menu choice, message, guess) are entered by the User or by the Guests themselves when replying. For this data the User is the controller (insofar as the processing is not purely personal or household activity) and the Provider acts as processor on the User’s behalf (Article 28 GDPR). The User warrants that they provide Guests’ data lawfully and only send Guests messages relating to the invitation.
11.2. The Provider processes Guests’ data only on the User’s instructions, for delivering the Invitation and handling replies, for as long as the Invitation is available; it does not use the data for its own purposes, does not sell it to third parties and sends no advertising to Guests. Sub-processors (Cloudflare, Inc. – hosting and database; Resend, Inc. – e-mail delivery) are listed in our privacy notice; the User gives general authorisation for their use, and the Provider gives notice of changes by updating the notice.
11.3. The Provider ensures data security with appropriate technical and organisational measures (encrypted transmission, access restriction, secure password storage), binds authorised personnel to confidentiality, notifies the User of any personal data breach without undue delay, assists with data subject requests and deletes Guests’ data when the service ends.
12. Liability
12.1. The Provider delivers the service with due care and in line with the current state of technology but does not guarantee uninterrupted or error-free operation. The Provider is not liable for outages caused by maintenance, failures of the hosting provider or other third parties (e.g. internet or e-mail providers, Stripe, Google Maps) or force majeure.
12.2. The Provider has no control over spam and promotions filters at Guests’ e-mail providers and is therefore not liable if an invitation does not appear in a Guest’s inbox, or for e-mails sent to incorrectly entered addresses. For such cases we recommend sharing the personal link directly as well.
12.3. The Provider is not liable for content uploaded by the User, for the accuracy of details in the Invitation (date, venues, times) or for disputes between the User and Guests.
12.4. Except for breaches caused intentionally, by gross negligence or by a criminal act, or breaches harming life, physical integrity or health, the Provider’s liability is limited to the fee of the order concerned. Towards Consumers this limitation applies only to the extent permitted by law.
12.5. Consumers have the rights set out in the Hungarian Civil Code and Government Decree 373/2021 (VI. 30.) regarding conformity of digital content and digital services. In case of non-conformity they may primarily request that the service be brought into conformity, failing which a price reduction or – for non-minor defects – termination of the contract.
13. Intellectual property
The Website, templates, graphic elements, animations and source code are the intellectual property of ATRIA NOX Kft.. Under the purchased Package the User receives a non-exclusive, non-transferable right to use the Invitation for their own event and share it with their Guests. Copying elements, using them for other purposes or reselling them is prohibited.
14. Complaints and legal remedies
14.1. You can submit complaints by e-mail ([email protected]), by phone (+36 70 771 7794) or by post (1135 Budapest, Reitter Ferenc utca 90. fszt. 2.). Oral complaints are investigated immediately and remedied where possible; otherwise we record them in minutes. We answer written complaints in writing within 30 days, giving reasons for any rejection, and keep records as required by Hungarian consumer protection law.
14.2. If a complaint cannot be resolved, Consumers may turn to the conciliation board competent for their place of residence; the board competent for the Provider’s registered office is the Budapest Conciliation Board (Budapesti Békéltető Testület), 1016 Budapest, Krisztina krt. 99., phone: +36 1 488 2131, e-mail: [email protected]. The Provider is obliged to cooperate in such proceedings.
14.3. Consumers may also lodge a complaint with the consumer protection authority of the competent government office or enforce their claims in court.
15. Final provisions
15.1. The contract is governed by Hungarian law, in particular Act V of 2013 on the Civil Code, Act CVIII of 2001 and Government Decree 45/2014 (II. 26.). For Consumers, this choice of law does not deprive them of the protection afforded by mandatory provisions of the law of their habitual residence.
15.2. The Provider may amend these Terms unilaterally, publishing changes on the Website at least 15 days before they take effect and notifying registered Users by e-mail. Contracts already concluded remain governed by the Terms in force at the time of conclusion.
15.3. If any provision of these Terms is invalid, the remaining provisions remain unaffected.
Annex – Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract. Using the “Withdraw from contract here” function is easier.)
I hereby give notice that I withdraw from my contract for the provision of the following service: ……………………………
Date of contract: ……………………………
Order ID: ……………………………
Name of consumer: ……………………………
Address of consumer: ……………………………
Signature of consumer (only if this form is notified on paper): ……………………………
Date: ……………………………