Terms of Service

1. Service Description

Festie is a real-time festival schedule coordination platform that enables groups of users to collaborate on musical festival planning, including selecting performances, coordinating logistics, and sharing notes. The service is operated by Asir Khan and is self-hosted on-premise infrastructure.

Festie allows you to:

• Create personal accounts and manage user profiles
• Select and save festival performances, acts, and attractions
• Add notes to your festival schedule
• Create and participate in crew groups for collaborative planning
• Coordinate schedules and share festival plans with crew members
• Export your data in standard formats

2. Acceptance of Terms

By creating an account, accessing, or using Festie, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These documents constitute the entire agreement between you and us.

Checkbox at Registration: When creating your account, you must affirmatively accept these terms and the Privacy Policy by checking the appropriate box during registration. Your account creation constitutes your acceptance of these terms.

If you do not agree to these terms, you may not create an account or use Festie. Your use of the service after any update to these terms constitutes your acceptance of the updated terms.

3. Eligibility Requirements

You must be at least 13 years of age to use Festie in the United States, or at least 16 years of age in certain European Union member states where GDPR age restrictions apply.

By using Festie, you represent and warrant that:

• You are at least the applicable minimum age for your jurisdiction
• You have the legal capacity to enter into this agreement
• You are not prohibited by law from using the service
• You are not a person or entity with whom we are restricted from doing business under applicable law

We reserve the right to verify age claims and may request government-issued identification. If we determine you do not meet age requirements, we will terminate your account and delete your associated data.

4. Account Responsibilities

When you create an account, you are responsible for maintaining the confidentiality of your login credentials and password. You are fully responsible for all activities that occur under your account, whether authorized by you or not.

Account Security

• You must keep your password secure and not share it with others
• You must not use another person's account without permission
• You must notify us immediately of any unauthorized access or breach at privacy@festie.us
• You are liable for all activities conducted through your account

Account Information

• You must provide accurate, current, and complete information during registration
• You must update your account information if it changes
• You may not impersonate another person or provide false identity information

We assume no liability for any harm arising from unauthorized account access or use. If you suspect unauthorized access, change your password immediately and contact us.

5. Acceptable Use Policy

You agree to use Festie only for lawful purposes and in compliance with all applicable laws and regulations. You agree not to engage in any conduct that violates these terms:

Prohibited Activities

• Automation & Scraping: You may not use bots, scrapers, crawlers, or automated tools to collect data, test security, or access the service without authorization
• Location Data Privacy: You may not share or disclose other users' personal data without their explicit consent. Data sharing is only permitted within crew groups where members have explicitly opted in
• Harassment & Abuse: You may not engage in harassment, bullying, threats, intimidation, hate speech, or discriminatory conduct toward any user or group
• Illegal Content: You may not upload, share, or distribute content that is illegal, counterfeit, infringing, or violates intellectual property rights
• Security Attacks: You may not attempt to breach, hack, crack, or test the security of Festie or its infrastructure, including penetration testing without explicit written authorization
• Malware & Viruses: You may not distribute malware, viruses, trojans, or other harmful code through the service
• Spam & Phishing: You may not send unsolicited messages, spam, phishing attempts, or fraudulent communications
• Reverse Engineering: You may not reverse engineer, decompile, or attempt to extract source code from the service
• Service Disruption: You may not engage in activities that disrupt, overload, or impair the normal functioning of Festie
• False Claims: You may not make false or misleading claims about the service or other users

User-Generated Content

You are solely responsible for any content you post, upload, or share through Festie, including notes and profile information. You warrant that your content:

• Does not violate any law or these terms
• Does not infringe any third-party intellectual property, privacy, or publicity rights
• Does not contain defamatory, obscene, or offensive material
• Does not constitute harassment or abuse

You retain ownership of your user-generated content and grant Festie a non-exclusive, worldwide, royalty-free license to host, display, transmit, and otherwise use your content in connection with providing the service.

6. Intellectual Property Rights

Platform Ownership

All intellectual property rights in Festie, including but not limited to the software code, design, layout, graphics, branding, logos, and content (excluding user-generated content) are owned by or licensed to Asir Khan (the "Licensor"). These materials are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use Festie solely for your personal, non-commercial festival planning purposes, subject to these terms. You may not:

• Copy, modify, or create derivative works of the platform code or design
• Distribute, sell, or sublicense Festie or its contents
• Remove or alter any copyright, trademark, or proprietary notices
• Use the service for commercial purposes without written authorization

User-Generated Content Ownership

You retain all intellectual property rights to content you create and upload through Festie, including festival picks and notes. By posting content, you grant Festie a non-exclusive, worldwide, royalty-free license to host, display, transmit, and use your content for the purpose of providing the service to you and other authorized users.

You grant crew members within your group a license to view, access, and use your shared content within the Festie service for collaborative festival planning purposes only.

Feedback & Suggestions

Any feedback, suggestions, or ideas you provide regarding Festie may be used by us without obligation or compensation to you. You grant us a perpetual, irrevocable, worldwide license to use such feedback.

7. Limitation of Liability

"As-Is" Service Provision

Festie is provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the service, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Warranty of Uninterrupted Service

We do not warrant that Festie will be uninterrupted, error-free, virus-free, or continuously available. We may conduct maintenance, updates, or other activities that temporarily interrupt service. You acknowledge that the internet and technology systems are subject to outages and interruptions beyond our reasonable control.

Liability Cap

In no event shall our total liability to you for any claims arising out of or relating to this agreement, Festie, or your use thereof exceed the greater of:

• The total amount of fees you paid to us in the 12 months preceding the claim, or
• $100 USD

This limitation applies even if we have been advised of the possibility of such damages and regardless of the form of action or legal theory (contract, tort, strict liability, etc.).

Excluded Damages

In no event shall we be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if advised of the possibility of such damages.

Applicability

Some jurisdictions do not permit limitation of liability, so these limitations may not apply to you. In such cases, our liability is limited to the extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Festie, Asir Khan, and our respective officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of Festie in violation of these terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property, privacy, or publicity right
• Your user-generated content or conduct within the service
• Any claim by a third party related to your account or use of the service

This indemnification obligation does not apply to claims arising from our gross negligence, willful misconduct, or violation of law. We will provide you with written notice of any claim subject to indemnification and reasonable cooperation in your defense.

9. Data Ownership & Portability

You own all data you create and upload through Festie, including festival picks and notes. We are merely storing and facilitating access to this data on your behalf.

Data Export & Portability

You have the right to export your personal data at any time via the Festie API endpoint GET /api/v1/account/export. This export includes:

• Account profile information (username, avatar, preferences)
• All festival picks and associated notes
• Festival preferences and scheduling data
• Crew group memberships and roles

Data is exported in JSON format for portability and compatibility with other applications.

Account Deletion & Data Retention

When you delete your account, a 30-day grace period begins during which your data is retained and your account can be restored. After 30 days, all data is permanently and irreversibly deleted from all primary systems. Backup copies are retained for an additional 28 days before being purged from backup systems.

We recommend exporting your data before initiating account deletion if you wish to retain a copy.

10. Termination

Termination by Festie

We may terminate your account and your access to Festie if:

• You violate these Terms of Service
• You engage in conduct that violates applicable law
• You misuse the service or abuse other users
• We determine your account poses a security or fraud risk

Notice Period: We will provide you with 7 days' written notice before terminating your account for terms violations. This grace period allows you to address the violation. Immediate Termination: We may immediately suspend or terminate your account without notice for security threats, hacking attempts, or illegal activity.

Termination by You

You may terminate your account and request permanent deletion at any time through your account settings. Upon deletion request, a 30-day grace period begins. After 30 days, your account and all associated data are permanently deleted.

Post-Termination Data Rights

After account termination, you will have a 30-day window to export your data via the API before it is permanently deleted. After this 30-day window, all data is irreversibly deleted and cannot be recovered.

Survival

The following sections survive termination: Limitation of Liability, Indemnification, Intellectual Property Rights, Dispute Resolution, and Governing Law.

11. Governing Law & Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Florida for any legal proceedings arising from these terms or your use of Festie.

Notwithstanding the governing law provision, dispute resolution shall be conducted under the Dispute Resolution section of these terms before any court action is initiated.

12. Dispute Resolution & Arbitration

Good Faith Negotiation

Before initiating arbitration or litigation, you and Festie agree to attempt to resolve any dispute through good faith negotiation. You must first contact us at privacy@festie.us with a detailed description of your dispute. We will attempt to resolve the matter within 30 days of your notice.

Binding Arbitration

If the dispute is not resolved through good faith negotiation within 30 days, you agree that any claim, dispute, or controversy shall be resolved through final and binding arbitration rather than litigation in court.

Arbitration Terms:

• Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA)
• The arbitration shall be conducted in Marion County, Florida or virtually as agreed by the parties
• There shall be one arbitrator mutually selected by the parties
• Each party bears its own costs, with the arbitrator's fees split equally
• The arbitrator's decision is final and binding and may be enforced in any court of competent jurisdiction

Class Action Waiver

You agree that any arbitration or court proceeding shall be conducted on an individual basis and not as a class action, collective action, or representative action. You waive the right to participate in any class, collective, or representative proceeding against Festie.

Exceptions

Notwithstanding the arbitration requirement, either party may seek equitable relief (such as injunction) in a court of competent jurisdiction to prevent irreparable harm or to enforce intellectual property rights.

13. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, shall be severed.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. These terms shall continue in full force and effect with the unenforceable provision either modified or removed as minimally as possible.

14. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Festie regarding your use of the service. These terms supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral.

No failure to exercise any right shall constitute a waiver of that right. A waiver of any provision must be in writing and signed by both parties to be effective.

15. Policy Changes & Updates

We may modify these Terms of Service from time to time. If we make material changes, we will notify you via the Festie application with at least 30 days' notice. Your continued use of the service after the notice period constitutes your acceptance of the updated terms.

For minor clarifications or non-substantive changes, we may update these terms without notice. The effective date at the top of this document reflects the last update.

16. Contact Information

If you have questions, concerns, or disputes regarding these Terms of Service, please contact us:

We will respond to all inquiries and disputes within 30 days.

17. Additional Resources

Please also review our Privacy Policy for information about how we collect, use, and protect your personal data.