1. Who we are and what this agreement covers

Ticket-Worx ("Ticket-Worx", "we", "us") provides an online ticketing platform at ticket-worx.com that lets event organizers ("you", "your", the "Producer") create events, sell tickets and related items, manage seating, check guests in and market to their customers (the "Service").

These Terms of Service (the "Terms") are a binding agreement between you and us. By creating an account, ticking the box at signup, or continuing to use the Service after the Terms change, you agree to them on behalf of yourself and the company you register. If you are not able to agree on that company's behalf, do not create the account.

2. You are the seller; we are the software

You are the seller, promoter and merchant of record for every ticket, seat, add-on and item sold through your account. You set the prices, the terms your buyers agree to, and the refund policy. The contract for each ticket is between you and your buyer.

Ticket-Worx is not a party to that contract, is not a promoter or co-promoter of your event, does not own or control the venue, and does not deliver the event. We provide the software that makes the sale and the check-in possible, and nothing more.

3. Payments, your Stripe account and payouts

Card payments are processed by Stripe under your own Stripe account, which you connect to the Service. Payments are charged directly on your Stripe account and paid out by Stripe to your bank on Stripe's schedule. Ticket money is never held by us. Your use of Stripe is governed by Stripe's own terms, which you must accept when you connect your account, and Stripe's card processing fees are charged to your Stripe account.

We collect our fee from each card sale as an application fee through Stripe. Fees on sales that Stripe does not see (cash taken at your box office, and printed tickets you sell by hand that are scanned in at your event) are invoiced to you after each event and charged to the card you keep on file with us, or paid by you online. You authorize those charges. If a card on file cannot be charged, you agree to pay the invoice within 14 days.

4. Refunds, chargebacks and disputes are yours

You alone are responsible for refunds to your buyers, for whatever reason, including a cancelled, postponed, moved or materially changed event, a venue closure, weather, illness, or any other cause. You agree to honour the refund policy you publish and any refund the law requires.

Chargebacks, payment disputes and reversals are raised against your Stripe account, not ours. You are responsible for responding to them and for any amount reversed and any fee Stripe charges for them. If Stripe or a card network recovers a disputed amount from us for any reason, you will reimburse us within 14 days.

Our per-ticket fee is earned when the ticket is sold. Refunding a buyer, whether from your dashboard or your Stripe dashboard, does not refund our fee unless you choose to refund the application fee through Stripe. Ticket-Worx does not pay out, advance, or guarantee any ticket money.

5. Your responsibilities

You will hold every licence, permit, insurance and permission your event needs; comply with all laws that apply to your event and your sales, including consumer protection, sweepstakes and giveaway, accessibility, privacy and anti-spam laws; collect and pay all sales, amusement, entertainment and other taxes on your tickets and items; and describe your events, prices, fees and policies to your buyers truthfully.

You are responsible for the security of your account, for everyone you add to your team, and for every action taken under your logins, including sales and check-ins made by your staff. You will only email or message buyers who have agreed to hear from you, and you will honour unsubscribe requests.

You will not use the Service for anything unlawful, to sell tickets you do not have the right to sell, to resell tickets in breach of a venue's or artist's terms, to run a giveaway that is illegal where it is offered, or to send spam.

6. Our fees

Our fee is a per-ticket amount shown in your dashboard, currently $1.50 per ticket for new accounts unless we agree a different rate with you in writing. You may pass the fee on to buyers or absorb it. Printing and postage for printed tickets are charged at the prices shown when you order. There is no fee on apparel and add-ons. We may change our fees on 30 days' notice by email or in your dashboard; changes apply to sales made after the notice period.

Referral credits. If another company signs up through your referral link, we may credit our fees as described in your dashboard at the time: a credit for you once the company you referred sells its first ticket, and a credit for them on their first event. A credit reduces the fee we keep on tickets for one event only, has no cash value, cannot be transferred or refunded, and is applied to the first of your events to sell a ticket after it becomes available. We may withhold or reverse a credit where a referral is fraudulent, self-referred, or made by an account we have suspended, and we may change or end the program at any time; credits already earned will be honored.

7. The Service is provided "as is"

The Service is provided "as is" and "as available", without warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not promise that the Service will be uninterrupted, error-free or secure, that scanning or payment hardware will work at your venue, that any network connection will be available, or that any sales target will be met. Some features depend on third parties, including Stripe, email delivery providers, hosting providers and card readers, whose failures are outside our control.

8. Limitation of liability

To the fullest extent the law allows, Ticket-Worx and its owners, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, ticket sales, data, goodwill or business, arising out of or related to the Service or your events, however caused and under any theory of liability, even if we were told such damages were possible.

Without limiting the above, we are not liable for: any event that is cancelled, postponed, moved, changed, oversold or fails to happen; anything that occurs at or in connection with your event, including injury, loss or damage to any person or property; refunds, chargebacks, disputes or fees relating to your sales; actions of your staff, your buyers, Stripe or any other third party; unauthorized access to your account through credentials you or your team hold; or any downtime, data loss or error in the Service.

Our total liability to you for all claims arising out of or relating to the Service in any twelve-month period will not exceed the total fees you paid to Ticket-Worx in that period. Some jurisdictions do not allow certain limitations, in which case these limitations apply to the fullest extent permitted.

9. Indemnity

You will defend, indemnify and hold harmless Ticket-Worx and its owners, employees and contractors from and against every claim, demand, loss, liability, fine, penalty, cost and expense (including reasonable legal fees) arising out of or relating to your events, your tickets and items, your buyers, your refund and dispute obligations, your taxes, your content, your breach of these Terms, or your violation of any law or of any third party's rights.

10. Your content and your buyers' data

You keep ownership of the event descriptions, images, logos and other material you upload, and you give us a licence to host, display and transmit them to run the Service. You confirm you have the right to use them. Buyer information collected through your event pages is yours as the seller; we process it to provide the Service, as described in our Privacy Policy, and you are responsible for how you use it.

11. Suspension and termination

You may close your account at any time by contacting us; fees already earned, and fees on cash and printed-ticket sales, remain payable. We may suspend or terminate your account, or refuse any event, if we reasonably believe you have breached these Terms, are exposing buyers or us to fraud, chargebacks or legal risk, or are using the Service unlawfully. Sections 2, 4, 6, 8, 9 and 12 survive termination.

12. General

These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict-of-law rules, and any dispute will be brought in the state or federal courts located in Oklahoma, to whose jurisdiction you consent. If any part of these Terms is found unenforceable, the rest remains in effect. These Terms, together with our Privacy Policy and any written fee agreement, are the entire agreement between you and us about the Service. We may update these Terms; when we do, we will ask you to accept the new version in your dashboard, and continuing to use the Service after that is acceptance. You may not assign this agreement without our consent.

Questions about these Terms: ticket@ticket-worx.com.