Terms & Conditions
Thank you for using SimpleTix. By using the SimpleTix website, mobile applications, or related services (collectively, “Service“) owned by SimpleTix.com LLC (the “Company“), you hereby agree to be bound by these Terms of Service (“Terms“) in full and without modification.
The terms and conditions page was updated on January 6th, 2025.
1. General
(a) - The Company reserves the right to update, replace or change the Terms at any time and without notice. The newest version of the Terms will be posted on the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: http://www.simpletix.com/terms.php. The Company will make reasonable efforts to notify users via email or a prominent notice on the Service for any material changes to the Terms. Users who do not agree with the updated Terms may discontinue use of the Service within 30 days without penalty.
(b) - The Company reserves the right to terminate your Account (as defined below) at any time and for any reason, with or without notice. The Company may refuse service to any user. If termination is due to a breach of these Terms, it may occur immediately. For terminations without cause, the Company will provide a notice period of at least 10 business days to allow users to resolve any outstanding issues and download or transfer their data where applicable. Termination without cause shall not relieve the user of any existing financial obligations.
(c) - The Company may modify or discontinue the Service or any aspect thereof at any time and without notice. If the Service is discontinued entirely, the Company will endeavor to provide at least 30 days’ notice and assist users with exporting their data where possible. Refunds for pre-paid services that extend beyond the discontinuation date will be offered on a pro-rata basis.
(d) - Disclaimer Regarding Partner Outages: Our Software as a Service (SAAS) company strives to provide a reliable and uninterrupted service to our valued users. However, we must clarify that we are not liable for any outages or disruptions caused by our downstream partners, including but not limited to Square, Stripe, Amazon AWS, and Microsoft Azure. These partners play a crucial role in our service delivery, and while we diligently select reputable partners to ensure seamless operations, their occasional outages are beyond our direct control. In the event of an outage or interruption caused by these partners, we will work diligently to address the situation and minimize any inconvenience to our users. We appreciate your understanding and patience in such circumstances, and we remain committed to resolving any issues promptly to uphold the quality of our services. Please note that our billing model charges per ticket sold. If our service is unavailable and ticket sales are disrupted, no charges will be incurred for the affected period.
2. Privacy and Consumer Information
(a) - We know your personal information is important to you and it is important to us too. Information provided to the Company by Users is governed by our Privacy Policy which is located at: https://www.simpletix.com/Privacy.php . The Company is committed to safeguarding your data in compliance with applicable data protection laws, including GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act), where applicable. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. If you have any concerns or requests regarding your personal data, including the right to access, correct, or delete such data, you may contact us at support@simpletix.com.
(b) - If you are a Seller, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) potential or actual Customers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) potential or actual Customers. You also agree to implement appropriate data protection measures, including encryption, anonymization, and secure storage, to protect customer information you collect. In the event of a data breach, you are responsible for notifying affected customers and complying with any relevant legal obligations. Sellers are further required to ensure that their collection practices align with the Company’s Privacy Policy and do not involve the unauthorized sale or misuse of personal data.
3. Your Account
(a) - In order to use all of the features of the Service, you may be required to register for a user Account (the “Account“). You agree to keep your Account password secure and to be responsible for all actions and purchases made through your Account. You further agree that:
i. - You are at least 13 years of age. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use the Service.
ii. - You have never been banned from the Service. If your account has been previously terminated for violating these Terms, you agree not to attempt to register a new account without the Company’s prior written consent.
iii. - All information you submit to the Service, including your full legal name, valid email address, and other information, is accurate, complete, and truthful, and will at all times be kept updated. Failure to provide accurate or up-to-date information may result in suspension or termination of your Account.
iv. - You will not share your Account with any other person. Your Account may only be used by one person. A single Account shared by multiple people is not permitted.
v. - You are responsible for all text, images, videos, sound clips, or other content (collectively, “Content“) posted by your Account. You will not post Content that is illegal, offensive, or designed to harass any other person. You agree to ensure that all Content complies with applicable laws and does not infringe on the rights of others, including intellectual property rights.
vi. - You will not use the Service to violate the intellectual property rights of any other person.
vii. - You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
viii. - You will not hack, reverse engineer, decompile, index, scrape, misuse, or interfere with the Service, its network, or its users. Unauthorized attempts to access any portion of the Service, or to engage in activities such as data mining or phishing, will result in immediate termination of your Account and may result in legal action.
iX. - We reserve the right to change our product's service fees and prices at any time without further notice.
X. - We reserve the right to change our product's feature set at any time without further notice.
XI. - You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
(b) - We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. The Company reserves the right to investigate complaints and take appropriate actions, including reporting to legal authorities if necessary, and users will not be entitled to a refund in the event of account termination.
(c) - Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Company customer, employee, member, or officer will result in immediate account termination. The Company also reserves the right to take legal action against any user engaged in abusive behavior, and such users may be liable for damages.
4. Service
(a) - The Service functions as a platform that allows ticket seller users who are hosting events (“Sellers“) to sell tickets directly to ticket purchaser users (“Event Community Members“) for the Seller's events (“Events“). Other event attendees who are specifically invited to join an Event Community will be considered “Event Community Members“ for purposes of this Agreement. The Company does not host, endorse, or have any affiliation with any of the events. By hosting or attending an event, you acknowledge and agree that the Company will not be held responsible for the event. The Company will not be liable for any injuries, damages, or losses incurred as a result of attendance or participation in any Event. Sellers are solely responsible for complying with applicable safety and legal requirements related to their Events.
(b) - Technical support is only provided via email, phone, and live chat on an as-available basis. While we strive to provide timely and effective support, we do not guarantee resolution times or availability of technical support outside of standard business hours.
(c) - You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. The Company will make reasonable efforts to ensure these third-party services are reliable but will not be held responsible for any disruptions, data loss, or service outages caused by third-party providers.
(d) - You understand that the technical processing and transmission of the seating chart information on reserved seat events, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Company will not be liable for any interception or unauthorized access to the seating chart data during transmission. Users are encouraged to review and implement best practices to safeguard sensitive information.
(e) - Certain laws, including the Telephone Consumer Protection Act and the CAN-SPAM Act (“TCPA and CAN-SPAM“), prohibit certain types of unauthorized third party communications. You acknowledge that you are familiar with the requirements of these laws and that you will not, under any circumstance, utilize any feature of the Service in violating any law, including the TCPA and CAN-SPAM Acts. You will indemnify, defend, and hold harmless the company from and against any liability arising due to your breach of any such law. Failure to comply with these regulations may result in the immediate suspension or termination of your Account, in addition to any legal consequences you may face.
(f) - The Service may allow both Sellers and Event Community Members to send messages to each other (“User Messages“). You are solely responsible for User Messages you send, including any liability arising from such User Messages, and agree to release, indemnify, defend, and hold us harmless from any such liability. You represent and warrant that you own or have the necessary rights and permissions to everything that is contained within your User Messages.
5. Payments
(a) - The Company supports multiple payment methods to facilitate online payments through the Service, including (but not limited to) Square, Stripe, and Authorize.NET (collectively, “Payment Providers“). Sellers use their existing account with any of the supported Payment Providers. Sellers are responsible for ensuring that their Payment Provider accounts remain active and in good standing. Failure to maintain valid payment provider details may result in payment delays or disruptions in event transactions.
(b) - The Company will automatically charge a service charge as listed on our pricing page at https://www.SimpleTix.com/pricing at the time of any purchase / registration made for any event. As an Event Community Member, you agree to pay the full price for the event plus the SimpleTix service charge per ticket, if the seller chooses to pass on the SimpleTix service charge to you. As a Seller, you agree to pay the SimpleTix service charge per ticket / registration if you choose to absorb the service charge. All fees are non-refundable except where otherwise stated in these Terms. Sellers are required to clearly disclose all applicable fees to Event Community Members, including service charges and additional costs.
(c) - The Company will charge credit card processing fees to Event Community Members in the case of payments made through SimpleTix Payments. In the case of other online payment providers, sellers will pay the payment processing fees directly to their payment provider. All credit card processing fees are final and non-refundable, even in the case of event cancellations or refunds, unless otherwise specified in Section 8 of these Terms. Sellers are responsible for ensuring compliance with their Payment Provider’s terms regarding fees.
(d) - Payments made through other payment provider or payment methods (including but not limited to wire transfers, check or cash) may be offered in the sole discretion of the Seller for any Event. In such cases, the Company will forward an invoice for collection of the fees owed by the Seller. Invoices will be sent via email to the Seller's registered email address on a monthly basis and are due and payable within 15 days of receipt of the invoice. In case of non-receipt of payments, the Company may terminate the account including all current events and might also take other measures to recover the dues as appropriate. The Seller agrees that failure to pay outstanding invoices within the specified time frame may result in interest charges of 1.5% per month (or the maximum allowed by law, whichever is lower) and additional legal or collection costs.
6. Refunds and Cancellations
(a) - Because the Service is merely a platform for Sellers and Event Community Members, the Company does not offer refunds for any purchases made. Sellers may set their own refund and cancellation policies for their Event Community Members. Event Community Member must contact Seller directly for refund and cancellation requests and information. Event Community Member shall request a refund from the Seller responsible for the Event in question within 72 hours of the Event end date. Sellers are required to clearly communicate their refund and cancellation policies to Event Community Members prior to ticket purchase. Failure to provide or honor a clear refund policy may result in suspension of the Seller’s account. UNDER NO CIRCUMSTANCE WILL COMPANY BE RESPONSIBLE FOR ANY PAYMENT, REFUND, OR CANCELLATION DISPUTE BETWEEN SELLER AND PURCHASER.
(b) - Event Community Members and Sellers will not be refunded any service charges or credit card processing fees even in the event of refunded tickets, except as provided for in this Section 5(b).
i. - The Company will refund service charges for test orders.
ii. - The Company may, in its sole discretion, offer refunds of the service fees for Events that are cancelled if such event payments were processed with a Payment Provider. The Company will refund both the service fees and credit card processing fees for Events that are cancelled if such Event payments were processed with SimpleTix Payments. Refunds for canceled Events processed through SimpleTix Payments will be issued within 30 business days of the cancellation, provided all relevant information is submitted by the Seller in a timely manner.
iii. - Sellers must contact the Company directly to request any refund under this Section 5(b). Event Community Members must contact Sellers to arrange for refund requests.
(c) - Sellers may be required to pay a fee to the Company in order to publish an Event Community. Fees are strictly nonrefundable. The Company may, but is not required to, offer free trials. In the event of a free trial, if the trial ends and the Seller does not make the payment as required, the Event Community and all related content will be permanently deleted. Sellers are advised to download or back up any important content before the expiration of a free trial to avoid loss of data. The Company is not responsible for recovering or restoring deleted content.
7. Copyright Policy
SimpleTix prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Users are solely responsible for ensuring that all content they upload or share on the platform does not infringe on the intellectual property rights of others.
Any violation of this policy may result in the immediate removal of content, suspension, or termination of the user's account.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by e-mail to:
support@simpletix.com
When contacting us, please make sure that you include the following information:
(a) - a statement that you have identified content on SimpleTix that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
(b) - a description of the copyright work(s) that you claim have been infringed;
(c) - a description of the content that you claim is infringing and the SimpleTix URL(s) where such content can be located;
(d) - your full name, address and telephone number, a valid email address on which you can be contacted, and your SimpleTix user name if you have one;
(e) - a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) - a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. Section 512(c), please also include the following:
(g) - with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
(h) - your electronic or physical signature (which may be a scanned copy). Please note that knowingly submitting a false claim of copyright infringement is a violation of the DMCA and can result in significant legal penalties, including damages and attorney’s fees.
SimpleTix will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. Section 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. The Company reserves the right to terminate accounts of users who are deemed “repeat infringers“ under applicable copyright law, after multiple violations of this policy.
The foregoing process applies to copyright only. If you discover any content that you believe to be in violation of your trademark rights, please report this to us by email at support@simpletix.com. In all other cases, if you discover content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at support@simpletix.com. Reports of non-copyright violations will be processed separately from DMCA claims, and the Company reserves the right to take appropriate action based on the nature of the violation.
8. Repeat Infringer Policy
(a) - In accordance with the DMCA and other applicable laws around the world, SimpleTix has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by SimpleTix to be a “repeat infringer.“ A repeat infringer includes, without limitation, a user who has been notified by SimpleTix of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. SimpleTix may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(b) - In addition, SimpleTix accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
(c) - Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.
9. Limitation of Liability and Disclaimers
The Service and Use at Your Own Risk: The Service provided by SimpleTix is offered on an “as is“ and “as available“ basis. We make no guarantees or promises that the Service will meet your specific requirements, be uninterrupted, error-free, or secure. The Company disclaims any responsibility for issues that arise due to your use of the Service, including but not limited to service disruptions, inaccuracies, or incomplete results. By using the Service, you assume full responsibility for any risks associated with its use, including your reliance on any content, features, or outcomes provided through the Service.
No Warranties—Explicit and Implied: SIMPLETIX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, BE FREE OF ERRORS, OR MEET ANY SPECIFIC REQUIREMENTS THAT YOU MAY HAVE.
Events Are Solely the Responsibility of Sellers: The Company is not responsible for organizing, managing, or ensuring the success or safety of any events hosted on the platform. Sellers bear full responsibility for all aspects of their events, including promotion, attendee experience, and compliance with legal requirements. By using the platform, you acknowledge that SimpleTix merely provides a platform and bears no liability for the content, operation, or results of any event hosted by Sellers. SimpleTix does not vet, endorse, or assume any responsibility for the quality, safety, or legality of the events listed on its platform.
Limitation of Liability—Monetary Cap: IN NO CASE WILL SIMPLETIX’S LIABILITY, FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO SIMPLETIX OVER THE PREVIOUS TWELVE (12) MONTHS. IF NO FEES WERE PAID, SIMPLETIX’S LIABILITY WILL NOT EXCEED $100. THIS MONETARY CAP APPLIES TO ALL CLAIMS COLLECTIVELY, REGARDLESS OF WHETHER THE CLAIMS ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THIS CAP INCLUDES CLAIMS RELATED TO PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION OF THE SERVICE.
Exclusion of Certain Damages: SIMPLETIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, OR COSTS INCURRED DUE TO THE USE OR INABILITY TO USE THE SERVICE. THIS EXCLUSION APPLIES EVEN IF SIMPLETIX WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THIS LIMITATION EXTENDS TO CLAIMS BASED ON ANY PRODUCT, SERVICE, OR EVENT OFFERED THROUGH THE PLATFORM.
Third-Party Services and Liability: The platform relies on third-party providers, such as payment processors and hosting services, to deliver certain aspects of the Service. SimpleTix is not responsible for any failures or errors caused by third-party providers, including outages, disruptions, or security breaches. You acknowledge that third-party services are governed by their own terms and conditions, and SimpleTix has no liability for the performance or non-performance of these third-party services.
High-Risk Use Disclaimer: The Service is not designed for use in high-risk environments where failure could lead to significant harm, injury, or death, such as in nuclear facilities, aircraft navigation systems, medical devices, or weapons systems. You are solely responsible for ensuring that the Service is not used in such high-risk applications, and SimpleTix expressly disclaims any liability arising from such use.
Indemnification for Claims: BY USING THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SIMPLETIX, ITS AFFILIATES, EMPLOYEES, AND PARTNERS FROM ANY CLAIMS, DAMAGES, LIABILITIES, AND COSTS (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF YOUR USE OF THE SERVICE, VIOLATION OF THESE TERMS, OR INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. THIS INCLUDES CLAIMS ARISING FROM EVENTS YOU ORGANIZE, CONTENT YOU UPLOAD, OR ANY MISUSE OF THE PLATFORM.
Regional Variations in Liability: In some jurisdictions, limitations on liability or the exclusion of certain damages may not be allowed. If any part of this limitation is found to be unenforceable in your jurisdiction, SimpleTix’s liability shall be limited to the fullest extent permissible under applicable law.
10. Indemnification
By using the SimpleTix platform, you agree to fully indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, partners, service providers, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, “Indemnified Parties“) from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including but not limited to reasonable attorney’s fees, court costs, and accounting fees), arising out of or related to:
(a) Your Conduct and Activities:
Any actions, omissions, or participation in Events, including but not limited to:
Your involvement or attendance at any Event hosted via the platform. This includes personal injury, property damage, or other harm suffered by you or third parties while attending or participating in such Events, whether caused by negligence, misconduct, or otherwise.
Your hosting, organizing, or promoting an Event, including claims of false advertising, breach of contract, failure to deliver the Event as advertised, or any liability arising from safety hazards, incidents, or non-compliance with legal or regulatory requirements.
The content you post, upload, or share through the platform, including any intellectual property infringement, defamation, harassment, or privacy violations. You represent and warrant that you have all necessary rights and permissions for any content you provide through the Service.
(b) Breach of Terms:
Any breach or violation of these Terms, or any other agreements, policies, or documents referenced herein, including but not limited to:
Your failure to comply with the rules and obligations outlined in these Terms.
Misuse of the platform, violation of acceptable use policies, or unauthorized access to the Service, whether by hacking, unauthorized scraping, or any other means of interference.
Your failure to uphold any representations and warranties made under these Terms, such as the representation that you have the legal authority to enter into contracts or agreements on behalf of an organization or entity.
(c) Violation of Laws or Third-Party Rights:
Your violation of any applicable local, state, federal, or international law, statute, ordinance, or regulation, including but not limited to:
Any claim that your actions, content, or use of the Service violated the rights of any third party, including but not limited to intellectual property rights, privacy rights, publicity rights, or contractual rights.
Claims arising from non-compliance with industry-specific regulations governing events, ticketing, advertising, and communications.
Failure to obtain the necessary licenses, permits, or consents required for hosting or promoting an Event.
(d) Unauthorized Use of Intellectual Property:
Any use of SimpleTix’s intellectual property, trademarks, or branding that violates these Terms or any applicable laws. You agree to indemnify the Indemnified Parties against any claims that arise due to unauthorized, improper, or illegal use of such intellectual property by you or a third party acting on your behalf.
11. Attorney Fees
In the event that SimpleTix is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for SimpleTix's attorneys' fees and costs.
12. Jurisdiction and Choice of Law; Dispute Resolution
If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
13. Arbitration Provision/No Class Action
Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim“) arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New Castle, or the United States District Court for the District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New Castle, or the United States District Court for the District of New York.
14. Intellectual Property
(a) - You acknowledge that any intellectual property used on the Service or by the Company is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name “SimpleTix,“ for any purpose other than those expressly permitted in this Agreement. The Company reserves all rights to its intellectual property.
(b) - The Service may utilize certain third party software, scripts, and applications (“Third Party Applications“) to deliver functionality to users. Your use of the Service is subject to the respective terms of use and licenses of all Third Party Applications.
(c) - You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any User Messages or public material you post to the Site or share with the Company. You represent and warrant that you have the right to enter into this license.
15. Compliance with State and Local Laws
By using the SimpleTix platform to organize or host events, you represent and warrant that you are in full compliance with all applicable local, state, provincial, federal, and international laws, regulations, and ordinances relevant to your event, including but not limited to those governing public safety, accessibility, health regulations, consumer protection, and data privacy. This includes but is not limited to securing any necessary permits, licenses, or approvals required for the event.
Failure to comply with applicable laws may result in the immediate suspension or termination of your account and/or removal of your event from the platform. SimpleTix reserves the right to request proof of compliance at any time and is not responsible for ensuring that your event complies with such laws.
16. No Conflicting Exclusive Contracts
By using the SimpleTix platform, you represent and warrant that you are not subject to any exclusive agreements, contracts, or obligations with other event management, ticketing, or similar service providers that would prevent or restrict your ability to use the SimpleTix platform. You further affirm that entering into this agreement with SimpleTix does not violate or breach any pre-existing contractual arrangements you have with other third parties.
You agree that it is your sole responsibility to ensure that your use of the SimpleTix platform is not in conflict with any other contractual obligations, and you acknowledge that SimpleTix is relying on this representation in allowing you to use the platform.
In the event that it is determined that you are in violation of this clause—whether due to a conflicting exclusive contract or any other pre-existing obligation—SimpleTix reserves the right to immediately suspend or terminate your account, remove your events from the platform, and pursue any available legal or equitable remedies. You agree to indemnify and hold SimpleTix harmless from any claims liabilities, or defense costs arising from any breach of this representation.
17. Affiliates & Data Sharing
By using the SimpleTix platform, you acknowledge and agree that SimpleTix may share aggregated and high-level sales data related to your events with our affiliate partners. This data may include but is not limited to ticket sales volumes, event performance metrics, and revenue statistics. The data shared will not include personally identifiable information (PII) of Event Community Members or detailed transactional information unless expressly authorized by you. If you are subject to a promotional rate offered through an affiliate partner, you acknowledge and agree that SimpleTix may share more detailed transactional data with that affiliate partner as necessary to validate your eligibility for the promotional rate. This may include event-specific performance data or other relevant information required to administer the promotional offer, but it will not include PII unless expressly authorized by you.
This information may be shared for the purpose of improving services, analyzing market trends, developing promotional partnerships, or enhancing platform functionality. SimpleTix will take reasonable steps to ensure that any data shared with affiliate partners is anonymized where necessary and handled in compliance with applicable data protection laws.
If you do not wish for your high-level sales data to be shared with affiliate partners, you may opt out by contacting SimpleTix at support@simpletix.com. However, opting out may limit certain features or promotional opportunities available to you through the platform.
18. General
(a) - The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).
(b) - If any dispute arises between you and the Company during your use of the Service or thereafter, in connection with and arising from your use or attempt to use the Service, the dispute shall be referred to arbitration. The place of arbitration shall be New York, New York USA. The arbitration proceedings shall be in the English language. These Terms shall be governed by the laws of the State of New York without regard to the principles of conflicts of law.
(c) - Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
(d) - Questions about the Terms of Service should be sent to support@simpletix.com
(e) - Our SimpleTix staff is happy to create events, dates, times, and ticket types for our customers. We cannot guarantee their accuracy and will NOT be responsible for any financial errors incurred. We ask that the account owners look over all adjustments ahead of publishing an event.
(f) - Our SimpleTix staff can issue refunds only with written consent from the account holder. SimpleTix is not responsible for any financial errors incurred in the process.
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