Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and Awnbeat, Inc., a Delaware corporation (“Awnbeat,” “we,” “us,” or “our”). They govern your access to and use of the Awnbeat mobile application, website, public event pages, communities, messaging features, events, payment features, and related services (collectively, the “Service”).

By selecting an acceptance button, creating an account, accessing the Service, joining or hosting an event, creating or joining a community, posting content, making a purchase, or receiving a payout, you agree to these Terms and acknowledge the Awnbeat Privacy Policy.

If you do not agree, do not use the Service.

1. Eligibility and United States Use

You must be at least 18 years old to create an account or use the Service. By using Awnbeat, you represent and warrant that:

• You are at least 18 years old.
• You have legal capacity to enter into these Terms.
• The information you provide, including your date of birth, is accurate.
• You are located in the United States when using the Service.
• You are not prohibited from using the Service under applicable law.
• You have not previously been suspended or terminated unless Awnbeat has authorized your return in writing.

Awnbeat may request age, identity, or eligibility verification and may suspend or terminate an account if we reasonably believe the user does not meet these requirements.

2. The Awnbeat Service

Awnbeat helps adults discover, create, join, and manage sports, fitness, wellness, social, and community activities. Features may include:

• Profiles, follows, friend requests, blocking, and reporting.
• Public and private communities.
• Free and paid events, classes, games, leagues, teams, waitlists, guest RSVPs, and check-ins.
• Public event links and invitations.
• Posts, comments, photos, videos, direct messages, event chats, and community chats.
• Maps, activity locations, location-based discovery, and calendar features.
• Apple Health workout import for user-created fitness posts.
• Paid registration, refunds, Host verification, and Stripe Connect payouts.
• Notifications, analytics, support, and moderation tools.

Features may vary by location, account, verification status, app version, moderation status, or operational availability.

3. Awnbeat Is a Technology Platform

Except when Awnbeat expressly states in writing that it is the organizer of a particular event, Awnbeat provides a technology platform that connects users, Hosts, attendees, communities, and venues.

Hosts are independent users or businesses. They are not Awnbeat employees, agents, representatives, partners, joint venturers, or franchisees. Awnbeat does not control how a Host conducts an event and is not a party to the agreement between a Host and an attendee except with respect to Awnbeat’s own platform, payment, safety, and enforcement rights.

Awnbeat does not guarantee or endorse any Host, attendee, event, community, venue, route, location, instruction, service, or User Content.

A verification badge means only that Awnbeat or Stripe completed the verification steps displayed in the Service, which may include phone number, government identification, legal name, Stripe identity, and payout eligibility. Verification is not:

• A background check.
• A professional-license or certification check.
• Proof of insurance.
• Proof of venue permission.
• A recommendation or endorsement.
• A guarantee that a person, event, or activity is safe.

4. Accounts and Security

You agree to provide accurate and current information and to maintain control of your device, phone number, Apple account, email address, and authentication methods.

You are responsible for activity occurring through your account unless caused by Awnbeat’s breach of a legal duty. You may not sell, transfer, share, or lend your account.

Notify info@awnbeat.com promptly if you suspect unauthorized use. Awnbeat may require identity verification, reset credentials, restrict access, or take other reasonable security measures.

You may initiate deletion of your account through the app. Deletion is subject to the Awnbeat Privacy Policy and does not eliminate payment obligations, chargebacks, refunds, disputes, tax records, safety records, or liabilities incurred before deletion.

5. User Conduct

You may not use the Service to:

• Violate any law, regulation, court order, payment-network rule, Stripe requirement, Apple rule, or third-party right.
• Harass, threaten, stalk, bully, exploit, abuse, intimidate, or discriminate against another person.
• Promote hatred, violence, self-harm, terrorism, criminal conduct, or dangerous nonconsensual activity.
• Groom, exploit, sexualize, solicit, or endanger a minor.
• Post child sexual abuse material or any sexual content involving a minor.
• Post or distribute nonconsensual intimate imagery, including authentic or computer-generated intimate depictions.
• Post pornography, sexually explicit solicitation, or content that Awnbeat determines is inappropriate for the Service.
• Dox, expose, or misuse another person’s private information, contact information, or precise location.
• Impersonate another person or misrepresent identity, qualifications, affiliations, insurance, event details, venue permission, pricing, capacity, refund terms, or verification status.
• Organize or promote unlawful, fraudulent, unsafe, deceptive, exploitative, or nonconsensual activities.
• Upload malware, interfere with the Service, bypass safeguards, scrape data, reverse engineer protected components, or access information without authorization.
• Harvest, sell, or misuse phone numbers, contacts, guest RSVP information, messages, location information, attendance information, or community information.
• Send spam, mass invitations, unwanted marketing, or communications that violate law.
• Manipulate reviews, attendance, payments, fees, refunds, payouts, verification, reports, or platform metrics.
• Evade blocks, suspensions, payment holds, moderation actions, or account restrictions.
• Use bots, fake accounts, or deceptive means to access or affect the Service.

Awnbeat may remove content, restrict discovery, cancel events, prevent registrations, freeze or offset payouts, preserve records, contact a venue, notify affected users, suspend accounts, terminate accounts, or report conduct to authorities when we reasonably believe action is necessary to enforce these Terms or protect users, Awnbeat, service providers, venues, or the public.

6. User Content

“User Content” means information or material you submit, upload, publish, display, or transmit through the Service, including profiles, posts, comments, photos, videos, messages, event information, community information, reviews, reports, RSVP notes, and social links.

You retain ownership of your User Content. You grant Awnbeat a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, process, adapt for technical formatting, transmit, display, perform, distribute, moderate, review, and otherwise use User Content as reasonably necessary to:

• Operate, provide, improve, and promote the Service.
• Display content to your chosen audience.
• Process reports and enforce these Terms.
• Protect users and comply with law.
• Create previews or promotional displays of public User Content.

This license continues for as long as the content remains on the Service. It may continue after deletion only to the extent reasonably necessary for backups, legal compliance, safety, disputes, payment records, moderation records, content shared with or retained by others, or content incorporated into Service materials with your permission.

You represent and warrant that:

• You own the User Content or have all necessary rights and permissions.
• Your User Content is accurate where accuracy is material.
• Your User Content does not violate law, these Terms, privacy rights, publicity rights, intellectual-property rights, contractual rights, or other rights.

Awnbeat does not endorse User Content and is not responsible for content created or communicated by users.

7. Moderation, Reports, Blocking, and Removal

Awnbeat may use automated systems and human review to detect, review, restrict, or remove content and conduct. We are not required to monitor all activity and cannot guarantee that prohibited content will never appear.

Users may report users, posts, videos, events, communities, messages, and locations and may block other users through available Service tools. Reports are generally reviewed daily, with urgent safety and legally required removal requests prioritized.

Awnbeat may take action without advance notice when reasonably necessary. Enforcement decisions may consider context, severity, history, risk, legal obligations, and available evidence.

If you believe a person is in immediate danger, contact emergency services. Awnbeat is not an emergency-response service.

Nonconsensual intimate imagery

You may not post or distribute an intimate visual depiction without the depicted person’s consent, including a depiction created or altered using artificial intelligence.

A person depicted, that person’s authorized representative, a parent or guardian where legally permitted, or another legally authorized person may submit a removal request to info@awnbeat.com with the subject line Intimate Image Removal Request.

The request should identify:

• The person submitting the request and a reliable way to contact them.
• The depicted person and the requester’s authority if acting for another person.
• The content and its location on the Service.
• A statement that the requester has a good-faith belief that the depiction was published without consent.
• A statement that the information in the request is accurate.

Awnbeat will process valid requests within the time required by applicable law, including removal within 48 hours where required, and will make reasonable efforts to remove known identical copies. Awnbeat may preserve evidence, restrict accounts, or report suspected criminal conduct or child exploitation to appropriate authorities.

8. Messaging, Contacts, and Invitations

Messaging and chat features are for lawful, wanted communication. Participants may report or block others.

Awnbeat may access, preserve, or review messages and related information when reasonably necessary to operate the Service, investigate reports, prevent fraud or harm, enforce these Terms, respond to emergencies, or comply with law.

If you grant contacts permission, Awnbeat may upload contact information to match contacts to existing accounts and help you select individuals to invite. You may not upload or use another person’s information without permission or send invitations that are unlawful, deceptive, repeated, or unwanted.

Marketing text messages require any consent required by law. Consent to receive marketing texts is not a condition of purchase. Recipients can reply STOP to marketing texts.

9. Communities

Community owners and administrators are responsible for:

• Accurately describing the community.
• Managing membership and permissions.
• Enforcing lawful, nondiscriminatory rules.
• Addressing unsafe or abusive conduct.
• Protecting membership and contact information.
• Ensuring community content and activities comply with these Terms.

Awnbeat may remove administrators, restrict a community, transfer administrative control when reasonably necessary, archive a community, or remove a community that violates these Terms or creates material risk.

Private or limited-access communities are not guaranteed to be confidential. Members may copy or share information they receive.

10. Host Obligations

A “Host” is a person or entity that creates, organizes, promotes, instructs, manages, or receives payment for an event or class.

Each Host agrees to:

• Provide accurate identity, contact, event, activity, price, capacity, schedule, location, cancellation, and refund information.
• Have authority to offer the event and use the venue.
• Obtain permits, licenses, approvals, waivers, and professional qualifications required by law or reasonably appropriate for the activity.
• Follow venue rules, occupancy limits, accessibility obligations, health and safety requirements, and nondiscrimination laws.
• Provide reasonable supervision, instructions, equipment requirements, and emergency planning appropriate to the activity.
• Disclose material risks, prerequisites, skill levels, physical demands, equipment, age restrictions, and eligibility requirements.
• Maintain insurance when required by law, contract, a venue, or Awnbeat, or when reasonably appropriate for the activity.
• Clearly communicate cancellations, delays, material changes, hazards, and refund rights.
• Deliver the activity or service as described.
• Respond reasonably to attendee questions, complaints, and safety concerns.
• Notify Awnbeat promptly of serious injuries, emergencies, police involvement, material safety incidents, or suspected unlawful conduct.
• Protect attendee, guest, and contact information and use it only for lawful event-related purposes.
• Comply with Stripe’s Connected Account Agreement and applicable Stripe Services Agreement.
• Pay all fees, taxes, refunds, reversals, disputes, chargebacks, penalties, and losses for which the Host is responsible.
• Reimburse Awnbeat for amounts Awnbeat pays or incurs because of the Host’s event, breach, misconduct, inaccurate information, or failure to satisfy these obligations.

Awnbeat does not require every Host to carry insurance and does not represent that every Host is insured. Awnbeat may require proof of insurance, licenses, certifications, permits, waivers, or venue permission for any Host or event.

Hosts may require an additional event-specific waiver. A Host waiver is between the Host and attendee and may not conflict with these Terms or applicable law.

11. Safety, Health, and Physical Activity

Awnbeat is not a medical provider, fitness professional, emergency service, insurer, transportation provider, venue operator, or event safety authority.

Sports, exercise, fitness, wellness, outdoor, travel, and social activities can involve serious risks, including falls, collisions, overexertion, dehydration, allergic reactions, exposure to weather, criminal conduct, illness, permanent disability, property damage, and death.

You are responsible for evaluating your health, fitness, skill, equipment, transportation, weather, surroundings, venue, route, Host, attendees, and personal safety. Consult a qualified medical professional before beginning or changing physical activity if you have any health concern.

Awnbeat does not provide medical advice, diagnosis, treatment, or emergency assistance. In an emergency, contact local emergency services.

12. ASSUMPTION OF RISK AND RELEASE

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ARISING FROM OR RELATED TO YOUR ATTENDANCE AT, PARTICIPATION IN, TRAVEL TO OR FROM, OR ORGANIZATION OF AN EVENT, CLASS, GAME, WORKOUT, COMMUNITY ACTIVITY, OR OTHER REAL-WORLD ACTIVITY DISCOVERED, ARRANGED, OR FACILITATED THROUGH AWNBEAT.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND AGREE NOT TO HOLD AWNBEAT, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS LIABLE FOR CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF AWNBEAT IN CONNECTION WITH RISKS INHERENT IN OR CREATED BY USER-ORGANIZED REAL-WORLD ACTIVITIES, INCLUDING PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, THEFT, EVENT CANCELLATION, OR CONDUCT OF A HOST, ATTENDEE, VENUE, OR OTHER THIRD PARTY.

This release does not apply to liability that cannot legally be waived, including liability resulting from Awnbeat’s gross negligence, willful misconduct, or violation of a nonwaivable legal duty where applicable.

Your acceptance of these Terms serves as your activity-risk acknowledgment. A Host may require a separate waiver as a condition of participation.

13. Locations, Maps, Check-Ins, and Venues

The Service may display maps, routes, distances, activity locations, venue information, ratings, hours, prices, photos, check-ins, and attendance information provided by users or third parties.

This information may be incomplete, inaccurate, outdated, unavailable, or unsafe. You are responsible for confirming:

• The correct location and route.
• Venue access, hours, costs, rules, and permission.
• Weather and surface conditions.
• Whether an activity is lawful and safe.
• Whether a location is public or requires authorization.

Awnbeat does not guarantee that a map location, venue, route, or check-in is accurate, available, permitted, or safe.

14. Payments and Stripe

Awnbeat uses Stripe and Stripe Connect to process payments, identity verification, taxes where supported, refunds, disputes, transfers, and payouts.

By making a purchase or becoming a Host, you authorize Awnbeat and Stripe to:

• Process charges and payment-method information.
• Deduct Awnbeat fees, Stripe fees, taxes, refunds, reserves, disputes, chargebacks, and other authorized amounts.
• Reverse, delay, reduce, hold, offset, or cancel transfers and payouts.
• Recover negative balances from available balances, future earnings, or payment methods where authorized.
• Collect identity, tax, bank, and compliance information.
• Share transaction and account information as described in applicable privacy notices.

Hosts must accept and comply with Stripe’s Connected Account Agreement and applicable Stripe Services Agreement.

Awnbeat generally does not receive full payment card or bank account numbers.

15. Awnbeat Host Fees

Unless a different amount is clearly displayed before the charge, the following Host fees apply:

A. Paid Hosting Access Fee

When a Host completes the first paid event or paid class while no active Paid Hosting Period exists, Awnbeat charges a $5 Paid Hosting Access Fee.

The Paid Hosting Period lasts for 30 consecutive days from the date the fee is charged. No additional $5 Paid Hosting Access Fee is charged for paid events or classes completed during the active period.

The Paid Hosting Access Fee does not automatically renew. After the period expires, the next completed paid event or paid class triggers a new $5 fee and a new 30-day period.

B. Additional paid-class fee

The first paid class completed during a Paid Hosting Period is included. Each additional paid class completed during the same period is subject to a $1 class fee.

Unless otherwise disclosed before publication or completion, this additional $1 fee does not apply to paid events that are not classified as classes.

C. Transaction fee

Awnbeat deducts a 5% platform transaction fee from the gross amount of each paid registration or transaction processed through Awnbeat.

Stripe processing fees are separate from Awnbeat’s 5% platform transaction fee and may also be deducted from Host proceeds.

D. Fee collection

Awnbeat may deduct Host fees from transaction proceeds, available balances, transfers, payouts, or another authorized payment method.

All fees will be displayed or made available to the Host before they are incurred. Awnbeat may change fees prospectively by providing notice. A fee change will not retroactively alter a completed transaction.

16. Taxes

Taxes may be calculated or collected through Stripe or another provider where supported. A displayed tax calculation does not mean Awnbeat assumes every tax obligation.

Hosts are responsible for:

• Determining whether their events, classes, services, and earnings are taxable.
• Providing accurate tax information.
• Collecting, reporting, and remitting taxes except where Awnbeat or Stripe expressly states that it will do so.
• Maintaining tax records and obtaining professional advice where appropriate.

Awnbeat or Stripe may report payments and provide tax forms as required by law.

17. Host Payouts, Holds, and Reserves

Subject to successful payment, completed verification, and risk review, Awnbeat generally initiates release of eligible Host proceeds to the Host’s available Awnbeat or Stripe balance approximately six hours after the event’s scheduled end time.

This is not a guarantee that money will reach a Host’s bank account within six hours. Stripe processing, bank processing, weekends, holidays, verification, disputes, risk review, reserves, technical issues, and legal requirements may delay availability or bank settlement.

Awnbeat may establish reserves and may delay, withhold, reduce, offset, reverse, or cancel a payout when reasonably necessary because of:

• Refunds, disputes, chargebacks, or negative balances.
• Suspected fraud, abuse, misleading event information, or Terms violations.
• Event cancellation, material changes, attendee complaints, or safety incidents.
• Incomplete identity, bank, tax, or Stripe onboarding.
• Payment-network, Stripe, legal, regulatory, or court requirements.
• A reasonable belief that funds may be needed to cover potential liability.

Hosts remain liable for amounts owed even after account deletion or termination.

18. Refunds and Cancellations

A. Host cancellation

If a Host cancels an event, attendees are entitled to a full refund of the amount they paid for the registration, including any Awnbeat platform fee and refundable taxes. If Stripe does not return its processing fee, Awnbeat may charge that unrecovered amount to the Host rather than deducting it from the attendee’s refund.

B. Material changes

If a Host materially changes an event’s date, time, location, core activity, or other essential term, an attendee may request a full refund within the period displayed in the Service or, if no period is displayed, within a reasonable time after receiving notice.

C. Attendee cancellation

An attendee’s cancellation rights are governed by the cancellation policy clearly displayed before purchase. Hosts may not apply a policy that conflicts with law or these Terms.

D. No-shows and late arrival

A no-show or late arrival is not eligible for a refund unless the displayed policy, Host, Awnbeat, or applicable law provides otherwise.

E. Weather

A Host may reschedule or cancel an event because of weather or unsafe conditions. If the event is cancelled rather than rescheduled, attendees are entitled to a full refund. If materially rescheduled, attendees may request a full refund.

F. Duplicate, unauthorized, or fraudulent transactions

Awnbeat may investigate and refund duplicate, unauthorized, or fraudulent transactions when verified. Users must promptly report suspected unauthorized charges.

G. Timing

Approved refunds are submitted promptly but may take approximately 5 to 10 business days to appear, depending on Stripe, the financial institution, and the payment method.

H. Awnbeat authority

Awnbeat may issue, require, deny, limit, or fund a refund when reasonably necessary to comply with law, correct an error, prevent abuse, protect attendees, address fraud, resolve a dispute, or enforce these Terms.

Hosts authorize Awnbeat to deduct refunds, disputes, chargebacks, and related fees from current or future balances and payouts.

19. Apple Health and Device Permissions

The Service may request access to location, contacts, calendar, photos, camera, notifications, and Apple Health.

You control these permissions through your device settings. Some features may not work without the relevant permission.

Apple Health information is used only for user-requested health or fitness functionality and is not used for advertising, marketing, or unrelated data mining. Awnbeat does not provide medical advice and does not guarantee the accuracy of imported workout information.

20. Marketing and Transactional Communications

Awnbeat may send transactional communications necessary to provide the Service, including verification codes, receipts, event updates, reminders, refund notices, payout notices, and security alerts.

Awnbeat may send marketing emails or text messages only after obtaining any consent required by law. Consent to marketing text messages is not a condition of purchase or use. Message and data rates may apply, and frequency may vary.

You may unsubscribe from marketing emails through the unsubscribe link and opt out of marketing texts by replying STOP. Opting out does not stop necessary transactional messages.

21. Intellectual Property

The Service, including Awnbeat’s name, logos, code, design, graphics, interfaces, databases, and features, is owned by Awnbeat or its licensors and protected by intellectual-property law.

Subject to these Terms, Awnbeat grants you a limited, personal, revocable, nonexclusive, nontransferable license to use the Service for its intended purpose.

You may not copy, modify, distribute, sell, lease, sublicense, publicly exploit, reverse engineer, or create derivative works from the Service except where applicable law does not allow the restriction.

If you submit suggestions or feedback, you grant Awnbeat a perpetual, worldwide, irrevocable, royalty-free right to use them without compensation or restriction.

22. Copyright Complaints

Awnbeat respects intellectual-property rights and may remove content or terminate repeat infringers.

A copyright owner or authorized agent may send a complaint to info@awnbeat.com with the subject line Copyright Notice. The notice should include:

• Identification of the copyrighted work.
• Identification and location of the allegedly infringing material.
• The requester’s name, address, telephone number, and email address.
• A good-faith statement that the disputed use is not authorized by the owner, agent, or law.
• A statement under penalty of perjury that the notice is accurate and the requester is authorized to act.
• A physical or electronic signature.

A person whose content is removed may send a counter-notice identifying the removed material, stating under penalty of perjury a good-faith belief that it was removed by mistake or misidentification, and providing contact information and consent to the jurisdiction required by applicable copyright law.

Submitting a knowingly false notice or counter-notice may create legal liability.

23. Third-Party Services

The Service may use or link to Apple, Apple Health, Apple Calendar, MapKit, Supabase, Stripe, PostHog, Typeform, social networks, venues, and external websites.

Third-party services are governed by their own terms and policies. Awnbeat is not responsible for third-party content, conduct, availability, security, or practices.

24. Apple App Store Terms

If you obtained the Awnbeat app through Apple’s App Store:

• These Terms are between you and Awnbeat, not Apple.
• Apple is not responsible for providing maintenance or support for the Service.
• Your license to use the app is also subject to Apple’s applicable Standard Licensed Application End User License Agreement and usage rules.
• To the extent permitted by law, Apple has no warranty obligation regarding the Service.
• Apple is not responsible for claims relating to the Service or your possession or use of the app.
• Awnbeat, not Apple, is responsible for addressing third-party intellectual-property claims relating to the app.
• You represent that you are not located in a country subject to a United States government embargo and are not listed on a United States government prohibited- or restricted-party list.
• You must comply with applicable third-party terms when using the app.
• Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it.

25. Service Changes, Suspension, and Termination

Awnbeat may change, add, remove, limit, suspend, or discontinue features or the Service, subject to applicable law.

You may stop using the Service at any time.

Awnbeat may restrict, suspend, or terminate an account or event if we reasonably believe that:

• These Terms or law have been violated.
• The account creates fraud, payment, safety, security, or legal risk.
• A user has harmed or threatened another person.
• A Host has failed to deliver an event or satisfy refund obligations.
• Continued access could expose Awnbeat, users, venues, or service providers to harm.

Awnbeat may preserve records, complete or reverse transactions, issue refunds, notify attendees, restrict payouts, and take other reasonable measures after suspension or termination.

Provisions that by their nature should survive will survive, including payment obligations, licenses necessary for retained records, intellectual-property rights, disclaimers, limitations, indemnity, and dispute provisions.

26. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE FULLEST EXTENT PERMITTED BY LAW, AWNBEAT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RELIABILITY.

AWNBEAT DOES NOT WARRANT OR GUARANTEE:

• ANY USER, HOST, EVENT, CLASS, COMMUNITY, VENUE, ROUTE, LOCATION, MESSAGE, OR USER CONTENT.
• SAFETY, QUALIFICATIONS, INSURANCE, LEGAL COMPLIANCE, ATTENDANCE, FITNESS RESULTS, HEALTH RESULTS, OR COMPATIBILITY.
• PAYMENT SUCCESS, PAYOUT TIMING, TAX CALCULATION, REFUND OUTCOMES, OR THIRD-PARTY SERVICES.
• THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Some jurisdictions do not permit certain disclaimers, so portions of this section may not apply to you.

27. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AWNBEAT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, EVENT CANCELLATION, PAYMENT DISPUTES, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, OR DEATH ARISING FROM OR RELATED TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, AWNBEAT’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID DIRECTLY TO AWNBEAT DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
2. ONE HUNDRED U.S. DOLLARS (US $100).

These limitations do not apply to liability that cannot be limited by law, including liability arising from gross negligence, willful misconduct, fraud, or violation of a nonwaivable legal duty where applicable.

28. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Awnbeat and its affiliates, officers, directors, employees, agents, licensors, and service providers from claims, demands, actions, damages, judgments, losses, liabilities, penalties, taxes, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your use of the Service.
• Your User Content.
• Your violation of these Terms or law.
• Your violation of another person’s rights.
• Your event, class, community, hosting activity, instruction, equipment, venue, waiver, permit, insurance, or professional service.
• Injuries, death, property damage, refunds, taxes, chargebacks, disputes, or claims connected with an event you host or organize.
• Your misuse of contacts, guest information, messages, or location information.

Awnbeat may control the defense and settlement of an indemnified claim. You may not settle a claim in a manner that admits fault by or imposes an obligation on Awnbeat without Awnbeat’s written consent.

This section does not require a consumer to indemnify Awnbeat to the extent prohibited by applicable law.

29. Governing Law and Courts

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent federal law applies.

Any lawsuit arising from or relating to these Terms or the Service must be brought in a state or federal court located in Dallas County, Texas, and you and Awnbeat consent to personal jurisdiction and venue there.

This section does not prevent you from bringing a claim in small-claims court where jurisdiction and venue are proper and does not limit nonwaivable rights you may have under the law of your state of residence.

These Terms do not require arbitration.

30. Changes to These Terms

Awnbeat may update these Terms. We will post the revised Terms and update the effective date. If a change materially affects your rights or obligations, we will provide additional notice or request renewed acceptance when required.

Changes apply prospectively unless law requires otherwise. Continued use after the effective date of updated Terms constitutes acceptance where permitted by law.

31. General Terms

• Electronic communications. You agree that notices and agreements may be provided electronically.
• Assignment. You may not assign these Terms without Awnbeat’s written consent. Awnbeat may assign these Terms in connection with a merger, financing, reorganization, sale, or transfer of the Service or assets.
• No waiver. Failure to enforce a provision is not a waiver.
• Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain effective.
• Force majeure. Awnbeat is not responsible for delay or failure caused by events outside its reasonable control.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement concerning the Service, except for additional terms displayed for a specific feature, event, Host, purchase, or third-party service.
• Order of precedence. Specific transaction or event terms control only for that transaction or event. These Terms otherwise control as between you and Awnbeat.
• No third-party beneficiaries. There are no third-party beneficiaries except Apple as stated above and parties expressly identified by law or these Terms.
• Headings. Headings are for convenience and do not affect interpretation.

32. Contact

Questions, reports, legal notices, privacy requests, and support requests may be sent to:

Awnbeat, Inc. Email: info@awnbeat.com