1. Description of the Platform

Trybe operates two interconnected platforms:

Trybe.fm – A social event discovery platform where users can discover events, purchase and transfer tickets, connect with other attendees, and subscribe to event organizers, promoters, and brands for updates and communications.

nest.trybe.fm – A software-as-a-service (SaaS) platform for Event Organizers, Promoters, and Brands to create and manage events, sell tickets, engage with their audience through email and SMS marketing campaigns, and integrate with social media platforms.

Trybe acts as a technology platform that provides ticketing solutions and marketing tools. Trybe acts as an intermediary connecting Organizers with Attendees and facilitating transactions on behalf of Organizers.

2. Definitions

The following definitions apply throughout these Terms:

Unless the context requires otherwise, definitions in the singular include the plural, and vice versa.

3. Acceptance of Terms

3.1 Agreement to Terms

By accessing or using the Platform, you agree to be bound by these Terms. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3.2 Additional Terms

Certain features or services may be subject to additional terms, guidelines, or rules, which will be posted on the Platform in connection with such features or services. All such additional terms are incorporated by reference into these Terms.

3.3 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

4. Eligibility and Account Registration

4.1 Age Requirement

You must be at least eighteen (18) years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

4.2 Account Creation

To access certain features of the Platform, you must create an Account. When creating an Account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your Account information
• Maintain the security and confidentiality of your login credentials
• Not share your Account credentials with any third party
• Not create more than one Account
• Not create an Account using false or misleading information
• Not create an Account if you have been previously banned from the Platform

4.3 Account Security

You are responsible for all activities that occur under your Account. You must immediately notify us at help@trybe.fm if you become aware of any unauthorized use of your Account or any other breach of security.

4.4 Account Types

Attendee Accounts (Trybe.fm):

Any individual meeting the age requirement may create an Attendee Account free of charge to purchase Tickets, transfer Tickets, connect with other Attendees, and subscribe to Organizers.

Organizer Accounts (nest.trybe.fm):

Individuals or entities wishing to create Events and sell Tickets must create an Organizer Account. By creating an Organizer Account, you represent and warrant that you have the legal right and authority to organize Events and sell Tickets.

Promoter Accounts (nest.trybe.fm):

Individuals or entities may create Promoter Accounts to promote Events on behalf of Organizers.

Brand Accounts (nest.trybe.fm):

Businesses or entities may create Brand Accounts to promote products, services, or partnerships in connection with Events.

5. How the Platform Works for Attendees

5.1 Ticket Purchase

Attendees may purchase Tickets through Trybe.fm. During the purchase process:

• The Total Price (including Sale Price and Service Fees) will be clearly displayed before payment
• Payment is processed securely through Stripe
• Upon successful payment, Attendees will receive a confirmation email with their Ticket(s)
• Tickets are digital and can be accessed through the Attendee's Account

5.2 Ticket Transfer

Attendees may transfer Tickets to other individuals, subject to the following conditions:

• The Organizer has enabled Ticket transfers for the Event
• The transfer is completed through the Platform
• The recipient must have or create a Trybe Account to receive the Ticket
• Once transferred, the original purchaser no longer has access to the Ticket
• The recipient becomes the legitimate Ticket holder

5.3 Attendee Connection Feature

Trybe.fm offers a feature allowing Attendees to connect with other Attendees of the same Event. To use this feature:

• You must upload a profile picture
• Your profile picture and name will be visible to other Attendees of the same Event
• You may send and receive connection requests
• You may disable this feature at any time in your Account settings

5.4 Event Chat

When you purchase a Ticket, you may be automatically added to the Event Chat for that Event. Event Chat is used exclusively for critical Event updates such as:

• Changes to Event date, time, or location
• Important safety or logistical information
• Event cancellations or postponements

Event Chat is not a marketing channel. You may mute or leave any Event Chat at any time through the Platform.

5.5 Attendee Responsibilities

As an Attendee, you agree to:

• Present valid Tickets at the Event entrance
• Comply with the Organizer's Event rules and policies
• Not duplicate, counterfeit, or fraudulently reproduce Tickets
• Not purchase Tickets for the sole purpose of reselling them at inflated prices
• Not use automated means (bots) to purchase Tickets
• Not use fraudulent payment methods
• Provide accurate information when purchasing Tickets

6. How the Platform Works for Organizers

6.1 Organizer Account Creation

To create an Organizer Account, you must:

• Provide accurate business information, including legal business name, registration number (if applicable), and contact information
• Connect a valid Stripe account for receiving payouts
• Agree to these Terms and any applicable Organizer agreements
• Provide any additional documentation requested by Trybe

6.2 Event Creation and Ticket Sales

Organizers may create Events and sell Tickets through nest.trybe.fm. When creating an Event, Organizers must:

• Provide accurate Event information (date, time, location, description)
• Set Ticket types, quantities, and Sale Prices
• Comply with all applicable laws and regulations regarding event organization
• Maintain appropriate insurance coverage for Events
• Display all legally required information on Event pages and Tickets

6.3 Marketing Features

Organizers have access to marketing tools including:

Email Marketing:

• Send email campaigns to Subscribers who have opted in
• All emails must include an unsubscribe link
• Organizers are responsible for compliance with anti-spam laws

SMS Marketing:

• Send SMS campaigns to Subscribers who have opted in
• All SMS messages must include opt-out instructions (STOP)
• Organizers are responsible for compliance with telecommunications regulations
• Custom phone numbers may be purchased through the Platform

Instagram Integration:

• Connect business Instagram accounts to configure Icebreakers and Auto-Replies
• Icebreakers allow automated responses to predefined questions
• Auto-Replies trigger automated responses based on comment keywords
• Analytics data is collected while connected and deleted upon disconnection
• Organizers must comply with Meta's terms and policies

Contact Import:

• Organizers may import contacts from other platforms
• Organizers warrant that they have obtained proper consent from all imported contacts
• Trybe is not responsible for contacts imported without proper consent

6.4 Event Chat

Organizers may use Event Chat to send critical updates to Ticket holders. Event Chat must be used only for critical Event information and not for marketing purposes.

6.5 Organizer Fees and Payments

• Organizer Fees are charged as a percentage of Ticket sales, as specified in your Organizer agreement
• Fees are deducted from ticket sales before payout
• Payouts are processed through Stripe to the bank account specified by the Organizer
• Organizers are responsible for all applicable taxes on their revenue

6.6 Organizer Responsibilities

As an Organizer, you represent, warrant, and agree that:

Regarding Legal Compliance:

• You have all necessary licenses, permits, and insurance to organize Events
• You will comply with all applicable laws and regulations
• You will provide Trybe with any requested documentation to verify compliance
• You will properly declare and pay all applicable taxes

Regarding Events:

• All Event information is accurate and not misleading
• You have the legal right to organize and host the Event
• You are solely responsible for the safety and proper conduct of Events
• You will not create fake Events or Events that differ materially from their description

Regarding Refunds:

• You are solely responsible for your refund policy
• Your refund policy must be clearly stated on the Event page
• You are responsible for processing refunds to Attendees
• In case of Event cancellation, you must refund Attendees the Sale Price

Regarding Marketing:

• You will only send marketing communications to individuals who have opted in
• You will honor all opt-out and unsubscribe requests promptly
• You are responsible for the content of all marketing communications
• You will not send misleading, deceptive, or unlawful communications

Regarding Content:

• You have all necessary rights to use Content posted on the Platform
• Content does not infringe any third-party intellectual property rights
• Content does not violate any laws or regulations

6.7 Prohibited Events

Organizers may not use the Platform for Events that:

• Are illegal or promote illegal activities
• Promote violence, hatred, or discrimination
• Are fraudulent or misleading
• Infringe on third-party rights
• Are sexually explicit or inappropriate for general audiences
• Trybe determines, in its sole discretion, are inappropriate for the Platform

7. How the Platform Works for Promoters and Brands

7.1 Promoter Accounts

Promoters may use nest.trybe.fm to promote Events on behalf of Organizers. Promoters:

• Must be authorized by Organizers to promote specific Events
• May receive promotional tools such as tracked links or discount codes
• Are responsible for promoting Events in a lawful and ethical manner
• May not make false or misleading claims about Events

7.2 Brand Accounts

Brands may use nest.trybe.fm to promote products, services, or partnerships in connection with Events. Brands:

• Must comply with all applicable advertising and marketing laws
• Are responsible for the accuracy of all promotional content
• May not engage in deceptive or misleading marketing practices

8. Payments and Fees

8.1 Payment Processing

All payments on the Platform are processed through Stripe. By using our Services, you agree to Stripe's Terms of Service and Privacy Policy. Trybe does not store complete credit card numbers.

8.2 Ticket Prices and Fees

For Attendees:

• The Total Price displayed at checkout includes the Sale Price set by the Organizer and any applicable Service Fees
• Service Fees are charged by Trybe for providing the Platform and Services
• All prices are displayed in the currency specified by the Organizer

For Organizers:

• Organizer Fees are charged as a percentage of Ticket sales
• Fee rates are specified in your Organizer agreement
• Fees are deducted from sales before payout
• Additional fees may apply for premium features or services

8.3 Subscription Fees (nest.trybe.fm)

• Organizers may be required to pay subscription fees for access to nest.trybe.fm
• Subscription fees are billed in advance on a recurring basis
• Subscriptions automatically renew unless cancelled before the renewal date
• Subscription fees are non-refundable except as required by law

8.4 Taxes

• All prices may be subject to applicable taxes
• Organizers are responsible for collecting and remitting any taxes required on Ticket sales
• Users are responsible for any taxes applicable to their transactions

9. Refunds and Cancellations

9.1 Ticket Refunds

Organizer-Determined Refund Policy:

Refund policies for Tickets are determined by the Organizer and will be stated on the Event page. Trybe is not responsible for refund disputes between Attendees and Organizers.

Event Cancellation:

If an Event is cancelled by the Organizer, the Organizer is responsible for refunding the Sale Price to Attendees. Service Fees charged by Trybe are generally non-refundable unless the cancellation was caused by a fault or failure of Trybe.

No Right of Withdrawal:

In accordance with applicable consumer protection laws, Tickets for events on a specific date or within a specific period are not subject to a right of withdrawal. Attendees do not have an automatic right to a refund for Tickets.

9.2 Subscription Refunds

Subscription fees for nest.trybe.fm are non-refundable except as required by applicable law. If you cancel your subscription, you will continue to have access until the end of your current billing period.

9.3 Service Fee Refunds

Service Fees are only refundable in the event of a fault or failure by Trybe in providing the Services (e.g., documented technical malfunction that prevented Ticket delivery or use).

10. Marketing Communications

10.1 Opt-In Communications

By using the Platform, you may have the opportunity to opt in to receive marketing communications from Organizers, Promoters, or Brands. Opting in is voluntary and is done through:

• Checking the email subscription checkbox during Ticket purchase
• Checking the SMS subscription checkbox during Ticket purchase
• Subscribing to an Organizer's, Promoter's, or Brand's Bio Page

10.2 Opt-Out Rights

Email:

You may unsubscribe from marketing emails at any time by clicking the "Unsubscribe" link at the bottom of any email or by managing your preferences in your Account settings.

SMS:

You may opt out of SMS communications at any time by replying STOP to any SMS message. Your opt-out will be processed immediately.

Event Chat:

You may mute or leave any Event Chat at any time through the Platform.

10.3 Instagram Direct Messages

If you interact with an Organizer's Icebreaker questions or trigger an Auto-Reply rule by commenting specific keywords, you may receive automated direct messages through Instagram. These messages are sent on behalf of the Organizer and are subject to Instagram's (Meta's) terms and policies.

10.4 Transactional Communications

Regardless of your marketing preferences, we may send you transactional communications related to your Account and purchases (e.g., order confirmations, Ticket deliveries, password resets, Event updates via Event Chat). These are not marketing communications and are necessary for the operation of your Account.

11. Content and Intellectual Property

11.1 Platform Ownership

The Platform, including all software, design, text, graphics, logos, icons, images, audio, video, and other content, is owned by Trybe or its licensors and is protected by copyright, trademark, and other intellectual property laws.

11.2 Limited License to Users

Subject to these Terms, Trybe grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes. This license does not include the right to:

• Modify, copy, or create derivative works of the Platform
• Reverse engineer, decompile, or disassemble the Platform
• Rent, lease, sell, or sublicense access to the Platform
• Use the Platform for any commercial purpose not expressly permitted
• Remove or alter any proprietary notices on the Platform

11.3 User Content License

By uploading, posting, or transmitting Content to the Platform, you grant Trybe a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with the Platform and Trybe's business, including for promotional purposes.

You represent and warrant that:

• You own or have the necessary rights to the Content
• The Content does not infringe any third-party rights
• The Content does not violate any laws or regulations
• You have obtained all necessary consents for any individuals appearing in the Content

11.4 Intellectual Property Complaints

If you believe that Content on the Platform infringes your intellectual property rights, please contact us at help@trybe.fm with:

• A description of the copyrighted work or other intellectual property
• Identification of the allegedly infringing Content
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the rights owner

12. Prohibited Uses

You agree not to use the Platform to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Post or transmit unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable Content
• Impersonate any person or entity
• Engage in fraudulent activities
• Distribute spam, chain letters, or unsolicited communications
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Platform or servers
• Attempt to gain unauthorized access to any part of the Platform
• Use automated means (bots, scrapers, etc.) to access the Platform without permission
• Collect or harvest user information without consent
• Circumvent any security measures or access controls
• Use the Platform to promote competing services
• Engage in any activity that could damage Trybe's reputation

13. Third-Party Services and Links

13.1 Third-Party Services

The Platform integrates with third-party services including but not limited to:

• Stripe for payment processing
• Instagram/Meta for social media integration
• PostHog for analytics

Your use of these third-party services is subject to their respective terms and privacy policies. Trybe is not responsible for the practices of third-party services.

13.2 External Links

The Platform may contain links to external websites or services not operated by Trybe. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites or services.

14. Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRYBE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

TRYBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING:

• THE QUALITY, SAFETY, OR LEGALITY OF EVENTS
• THE ACCURACY OF EVENT INFORMATION PROVIDED BY ORGANIZERS
• THE ABILITY OR INTENT OF ORGANIZERS TO FULFILL THEIR OBLIGATIONS
• THE ACTIONS OR OMISSIONS OF ANY USER

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, TRYBE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM
• DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA

15.2 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, TRYBE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNTS YOU PAID TO TRYBE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED CANADIAN DOLLARS ($100 CAD)

15.3 Platform Availability

TRYBE DOES NOT GUARANTEE THAT THE PLATFORM WILL BE AVAILABLE AT ALL TIMES. THE PLATFORM MAY BE UNAVAILABLE DUE TO MAINTENANCE, TECHNICAL ISSUES, OR CIRCUMSTANCES BEYOND OUR CONTROL. TRYBE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM PLATFORM UNAVAILABILITY.

15.4 Event Liability

TRYBE IS NOT RESPONSIBLE FOR:

• THE CONDUCT, SAFETY, OR QUALITY OF EVENTS
• CANCELLATION, POSTPONEMENT, OR MODIFICATION OF EVENTS BY ORGANIZERS
• DISPUTES BETWEEN ATTENDEES AND ORGANIZERS
• REFUNDS OR COMPENSATION FOR CANCELLED OR UNSATISFACTORY EVENTS
• PERSONAL INJURY OR PROPERTY DAMAGE AT EVENTS

16. Indemnification

You agree to indemnify, defend, and hold harmless Trybe and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your Content or any Content you submit, post, or transmit through the Platform
• Your violation of any third-party rights
• Any dispute between you and another User
• For Organizers: the organization, conduct, or cancellation of Events
• For Organizers: marketing communications sent through the Platform
• For Organizers: contacts imported to the Platform

17. Suspension and Termination

17.1 Termination by User

You may terminate your Account at any time by:

• Contacting us at help@trybe.fm
• Using the Account deletion feature in your Account settings (if available)

Termination does not relieve you of any obligations incurred prior to termination, including payment obligations.

17.2 Termination by Trybe

Trybe may suspend or terminate your Account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended period of inactivity
• Request by law enforcement or government agency
• Discontinuation of the Platform or Services

17.3 Effect of Termination

Upon termination:

• Your right to access and use the Platform will immediately cease
• Trybe may delete your Account and associated data, subject to legal retention requirements
• For Organizers: your Events will be removed from the Platform
• For Organizers: outstanding payouts will be processed subject to verification
• Provisions of these Terms that by their nature should survive termination will survive

17.4 Survival

The following sections shall survive termination: Definitions, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.

18. Modifications to Terms

Trybe reserves the right to modify these Terms at any time. We will notify Users of material changes by:

• Posting the updated Terms on the Platform
• Updating the "Last updated" date at the top of these Terms
• Sending an email notification to registered Users (for material changes)

Your continued use of the Platform after any modifications indicates your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Platform and terminate your Account.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

19.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Montreal, Quebec, Canada, for any disputes arising from or related to these Terms or your use of the Platform.

19.3 Informal Resolution

Before initiating any legal proceeding, you agree to first contact us at help@trybe.fm to attempt to resolve the dispute informally. We will attempt to resolve disputes through good-faith negotiations.

19.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Trybe regarding the Platform and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

20.3 Waiver

The failure of Trybe to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Trybe's prior written consent. Trybe may assign these Terms without restriction.

20.5 Force Majeure

Trybe shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, or failures of third-party services.

20.6 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in case of any inconsistency.

20.7 Headings

The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

20.8 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Trybe.

21. Regional Terms

21.1 Quebec and Canadian Users

These Terms comply with the Consumer Protection Act (Quebec) and other applicable Canadian consumer protection laws. Nothing in these Terms limits any rights you may have under applicable consumer protection legislation.

21.2 European Union Users

If you are located in the European Economic Area (EEA):

• You may have additional rights under the General Data Protection Regulation (GDPR) regarding your personal data, as described in our Privacy Policy
• The limitation of liability and disclaimer of warranties provisions apply only to the extent permitted under applicable EU law
• You may have additional rights under EU consumer protection laws that cannot be waived by contract
• For dispute resolution, you may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/

22. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

These Terms and Conditions are effective as of the "Last updated" date above.