In the following, Cvent, Inc. or Cvent will be known as the “Company” and the parent company with two (2) product solutions referenced throughout the Terms of Use, respectively referred to as: “Event Product” and “Survey Product”. The products may in addition be referenced in other materials as Contact Intelligence, Cvent Contact Intelligence, and other derivations thereof.
Application Services
Cvent will provide you with non-exclusive access to the Company’s owned and/or leased computer systems and certain proprietary and licensed software and other information (the “Services”) as upgraded from time to time. You may use the Services only for purposes of performing your internal business operations or your clients’ business operations outsourced to you. You may not use the Services as part of a commercial time-sharing or service-bureau operation or in any other resale capacity.
You agree to pay all fees and other charges in accordance with your service agreement. If you do not pay the fees or other charges when they are due, a finance charge of two percent (2%) plus $100 per month, or the maximum rate allowed by law if less. You are responsible for reporting and paying any applicable taxes.
If you wish to process credit card payments in connection with the Services, you must first establish your own merchant bank account and an account with a provider of credit services on the Internet as designated. Any refunds or credits must be independently arranged between you and your registrants or your clients’ registrants. If you or your client cancels an event for which you have collected fees or if you permit partial or complete refunds, you must maintain sufficient funds in your bank account so that the (Event Product) system may issue such refunds to your registrants.
You shall be responsible for the adequacy and accuracy of all data that you furnish to your account and our Company. Even though our Company maintains redundant servers, you are responsible for the back up of your data used in conjunction with the Services.
Our Company will assign you one or more user IDs and passwords that will enable you to access the Services. You shall take reasonable precautions to protect against theft, loss or fraudulent use of such IDs and passwords.
You agree that you will use the Services only for lawful purposes and in accordance with these Terms of Use.
If you exceed the contracted level of services during the term of your Agreement, you will be charged as specified in your contract, or if not specified, using the then-current rates for the overage. Where no limits for usage of application services are explicitly given in your contract, limits will apply as specified later in this document. Absent an automatic renewal term in your written agreement; if you continue to use the Services beyond your term, your Agreement will automatically renew for another term at then-current rates.
You shall not reverse engineer, disassemble or decompile the Services or cause or permit the reverse engineering, disassembly or decompilation of the Services.
Use of Data
Unless we have your permission, we will not disclose or share personally identifiable information collected on our website with any third party (except as required by law or pursuant to a governmental request.)
You will not use our Services for illegal activities or junk mail, chain letters, pyramid schemes, “spam” or distribution to any person who has not given specific permission to be included in such a process. If you use our Services for illegal conduct or to spam, we may terminate your access to the Services and seek immediate legal recourse. We may also take any self-help remedies necessary to prevent continued violations, including, but not limited to, deleting the contact information from your address book on behalf of those individuals who lodge complaints with our web-hosting company or us. You are still responsible for full payment of your Agreement even if your access to the Services is terminated for spamming or other illegal conduct.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND CVENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CVENT DOES NOT REPRESENT OR WARRANT BUT WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE SERVICES ARE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS USED FOR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
Our Company liability to you and your clients, if applicable, for any recoverable losses or damages arising under this Agreement shall be limited to the amount of your actual direct damages, not to exceed (in the aggregate for all claims) the total annual amount paid under this Agreement during its then-current term.
IN NO EVENT WILL CVENT OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, MANUFACTURE OR DISTRIBUTION OF ANY SOFTWARE, SERVICES OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT BE LIABLE FOR: (i) ANY DAMAGES CAUSED BY YOUR FAILURE OR THAT OF YOUR CLIENTS, EVENT INVITEES, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS TO PERFORM THEIR RESPONSIBILITIES; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR (iii) ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF CVENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CVENT WILL NOT BE HELD RESPONSIBLE, OR CONSIDERED TO HAVE FAILED TO MEET ITS OBLIGATIONS UNDER THIS AGREEMENT, IF IT EITHER DELAYS PERFORMANCE OR FAILS TO PERFORM AS A RESULT OF ANY CAUSE BEYOND ITS REASONABLE CONTROL.
These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this Agreement.
Termination
If you become dissatisfied with the Services because of substantial non-performance, you shall give our Company detailed written notice of such dissatisfaction. Cvent shall have thirty (30) days to cure your dissatisfaction after receipt of such notice. If Cvent fails to cure and you have a reasonable basis for your dissatisfaction, you may terminate this Agreement and Cvent will refund your unused annual fees on a monthly pro-rata basis, starting as of the end of the 30 day cure period.
Either party may terminate this Agreement if (i) the other party breaches any material term or condition and fails to cure within thirty (30) days written notice, or (ii) the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, liquidation or receivership.
In the event of non-payment by the Customer, Cvent may accelerate and declare all sums due, and to become due under this Agreement, immediately payable without notice or demand. All accelerated future payments due under this Agreement shall be discounted to their net present value at a discount rate of 5% per annum from the day of default.
Laws and Disputes
This Agreement will be governed by the laws of the Commonwealth of Virginia without regard to any conflict of law principles. Customer and Cvent agree to a venue of the state and federal courts of Arlington, Virginia for all matters arising with respect to the services agreement between the parties.
The parties waive their right to a jury trial.
If you fail to pay fees when due, then you shall also be liable for all fees due during the term of the contract and any additional expenses (including but not limited to attorneys' fees and accrued interest) Cvent incurs in collecting such delinquent fees.
Notice
Any notice pursuant to this Agreement shall be in writing and shall be deemed to have been duly given: (i) five (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when delivered if delivered personally or sent by express courier service; (iii) when transmitted if sent by a confirmed facsimile; or (iv) when transmitted via email, provided that the receiving party acknowledges receipt by return email, and that the email clearly states in the subject line that it is intended to give notice under this Agreement.
Intellectual Property
You acknowledge that Cvent or its licensors retain all copyright, trademark, trade secret, patent and other proprietary and intellectual property rights to the Services, and any or all modifications to the Services, related documentation and marketing materials regardless of (i) whether such intellectual property notices appear on the materials or (ii) whether such intellectual property notices have been filed with governmental agencies. Nothing in this Agreement will directly or indirectly be construed to assign or grant you any right of ownership, title or interest in the Services, or any intellectual property rights relating thereto.
Cvent Event Product: Edition Feature Comparison
Unless your Event Registration Agreement states otherwise, you shall receive the following features with your base edition of the Cvent system.
| Administrative | Professional Edition | Enterprise Edition |
| Online training |  |
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| Unlimited customer support | |
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| Reply email addresses | 1* | 5* |
| Multiple account log-ins (includes distinct access rights) | 1* | 5* |
| Address Book | ||
| Custom contact fields | 5 | 20 |
| Group contact management | |
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| Unlimited importing/exporting | |
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| Search function | |
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| Name badges | |
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| Mailing labels | |
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| HTTP post page data transfer | |
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| API Access | |
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| Invitations | ||
| Text | |
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| HTML | |
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| Graphics library | |
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| eMarketing Engine | ||
| Emails: reminder, confirmation, regret, no-show, post-event | |
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| Custom email messaging | |
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| Guest registration | |
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| Waitlists | |
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| Invitation forwarding and email capture | |
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| Registration Process | ||
| Registrant (pre-event) questions | |
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| Attendee (post-event) questions | |
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| Regret questions | |
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| Cancellation questions | |
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| Questions per category | 10 | 75 |
| Session level questions | |
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| Registration rules (i.e. you must select 2 sessions to proceed) | |
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| Advanced Registration Options | ||
| Multiple registration fees | |
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| Multiple targeted lists | |
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| Optional sessions/tracks | |
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| Walk-in registration (kiosk mode) | |
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| Dynamic registration “paths” | |
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| Ecommerce | ||
| Online fee collection and refunds | |
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| VeriSign Pay Flow Pro account | 1* | 1* |
| Assign general ledger (GL) codes | |
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| Reporting | ||
| 50+ standard reports | |
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| 50+ custom (cross event) reports | |
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| Event classifications | |
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| Parked reports | |
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| Website Integration | ||
| Customized header per event | |
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| Weblinks | |
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| Related websites | |
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| Custom HTML Pages | 2 | 6 |
| Events calendar | |
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| Event Logistics Management | ||
| Name badges (with bar codes) | |
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| To-do list | |
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| Budget tracker | |
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| Credits Tracking | |
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| Hotel/Travel module | |
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| Passkey (hotel) integration | |
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| CliqBook (air travel) integration | |
= Included in base user license
* = May purchase additional
Professional Edition address book contact storage is 10,000 and 5,000 invitations per event.
Enterprise Edition address book contact storage is 25,000 and 25,000 invitations per event.
Contact your Account Executive to purchase additional storage or invitations.
Cvent Web Survey Product: Edition Feature Comparison
Contingent on the agreement you sign, your account shall contain the following features, unless otherwise stated.
| Usage Limits | Free | Basic | Premium | Professional | Enterprise |
| Contacts in Address Book± | 100 | 5,000 | 10,000 | 20,000 | 20,000+ |
| Number of Surveys | 2 | 2 | Unlimited | Unlimited | Unlimited |
| Survey Responses* | 25 | Unlimited | Unlimited | Unlimited | Unlimited |
| Response Availability | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited |
| Questions Per Survey | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited |
| User Access (+$250/user) | 1 | 1 | 2 | 5 | 5+ |
| Emails | 100 | 25,000 | 75,000 | 150,000 | 150,000+ |
| Contact Management † | |
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| Anonymous Surveys †† | |
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| Sub Questions | |
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| Embed Media | |
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| Creation Wizard | |
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| Response Library | |
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| 30+ Graphical Templates | |
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| 15 Question Types | |
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| Report Filtering | |
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| Real Time Reporting | |
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| HTML Customization | |
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| Multi Format Export | |
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| Answer Randomization | |
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| Test Survey | |
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| Email Support | |
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| Phone Support | |
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| Survey Reminders | |
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| Online Help | |
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| Tag Replacement | |
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| Cvent Question Library | |
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| Limit Surveys by Cookie & IP | |
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| Kiosk Mode | |
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| Reference ID | |
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| Opt-Out Tracking | |
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| Branch Logic | |
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| Skip Logic | |
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| Launch Survey | |
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| Import Contacts | |
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| Pipe Logic | |
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| Password Protect | |
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| Cross Survey Reports | |
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| Email Alerts | |
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| Advanced Logic | |
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| SSL Support | |
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| Dedicated Account Manager | |
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| Multiple Sender Email Addresses | |
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| Multiple Email Campaigns | |
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| Parked Reports | |
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| API Access | |
= Feature included in base user license.
* = Unlimited number of responses from Customer added contacts to the Cvent address book.
† = Address book capacity may vary between packages.
†† = Each anonymous survey response shall count as one contact added to the Cvent address book.
Cvent Survey Product: Contact Management
* Unless otherwise stated in the contract.
Cvent Survey Product: Free Trial
Cvent reserves the right to limit access to its free trial product based on internal needs. It may decline or revoke access to the free trial without notice. Cvent is not responsible for customer data within its free trial and relies on customers to maintain this information.
General
You may not assign or otherwise transfer any right or obligation set forth in this Agreement without Cvent’s prior written consent. This Agreement will be binding upon the parties’ respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable, and the unenforceability of any one or more provisions shall not affect the enforceability of any other provisions.
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