General Terms and Conditions
Provider: Elektro Rottensteiner GmbH, Am Zagglermoos 10, 39054 Ritten (BZ) — as of 2026-07-18
§1 Scope
These terms govern the use of the Zomk platform (web app, mobile app, POS terminals) by organisers (clubs, associations, companies — 'Organiser'). Deviating conditions of the Organiser do not apply.
§2 Parties
Contract partner is the Organiser and Elektro Rottensteiner GmbH ('Zomk'). End guests use the app under a separate user agreement.
§3 Services
Zomk provides ticketing, POS software, NFC wristband payments, a live dashboard and — where applicable — fiscal receipt signing via certified partners. The exact scope is defined per event.
§4 Hardware
Terminals (Sunmi handhelds) are provided on loan for the event. The Organiser is liable for damage caused by improper use, loss or theft at the replacement value.
§5 Fees
Zomk charges a tiered fee on gross sales: 3.0% below €10,000, 2.5% below €50,000, 2.0% below €100,000, 1.5% above €100,000 per event. Stripe card processing fees are billed separately by Stripe.
§6 Minimum volume
A minimum volume of €40 per terminal per event applies to cover device rental. If the tiered fee is lower, the minimum is charged instead.
§7 Payouts
Card payments and online tickets are settled through Stripe Connect directly to the Organiser's own bank account (100% of sales). Zomk never holds the Organiser's funds. Nothing is auto-deducted from payouts.
§8 Invoice & payment terms
After the event Zomk issues a single invoice for its fee. Payment term: 14 days net from invoice date. Late payments incur statutory interest under D.Lgs. 231/2002.
§9 Fiscal receipts
In Italy, sales are signed live as a fiscal Scontrino via our certified partner fiskaly. Austria (RKSV) and Germany (TSE) are in preparation — until go-live those events run in simple-receipt mode. The Organiser is responsible for choosing the correct mode according to their fiscal duties.
§10 Wristbands & refunds
Guests can request refunds of unused wristband balances within 72 hours after the event (card, SEPA or donation). Unclaimed balances are handled according to the event terms and applicable consumer / non-profit rules.
§11 Organiser obligations
The Organiser is responsible for the event, compliance with local laws, taxes, alcohol and youth protection rules, as well as the correctness of menu, prices and ticket data entered into Zomk.
§12 Liability
Zomk is liable without limitation for damages resulting from intent or gross negligence and for injury to life, body or health. For simple negligence Zomk's liability is limited to the value of the order for the specific event. Liability for lost profits and indirect damages is excluded to the extent legally permitted.
§13 Term and termination
The agreement runs per event. Ongoing agreements can be terminated in writing with 30 days' notice to the end of a month. Extraordinary termination for cause remains unaffected.
§14 Data protection
Both parties comply with the GDPR. Details are set out in our privacy policy and, where required, in a separate data processing agreement (DPA) provided by Zomk.
§15 Applicable law & jurisdiction
Italienisches Recht applies to the exclusion of the UN Convention on the International Sale of Goods. Exclusive place of jurisdiction is Bozen (IT), insofar as legally permitted.
§16 Amendments
Zomk may amend these terms with reasonable notice (at least 30 days). Continued use after the notice period constitutes acceptance. Contact for questions: info@zomk.app.