Terms of Service

1. Agreeing to these Terms

By creating an account, or by using the Services without one, you agree to these Terms and to our Privacy Policy, which explains what we collect and why. If you do not agree, do not use the Services.

If you use the Services for a business (for example, to manage a venue, an organization, or an artist page), you confirm that you are allowed to accept these Terms for that business, and “you” includes the business. Part B of these Terms (sections 17 to 22) adds the rules for business accounts.

When you sign up, and whenever these Terms change in a way that matters, the app asks you to agree, and we keep a record of which version you agreed to and when.

Some features come with additional terms that are shown when you use them, such as an event’s own rules, a venue’s entry policy, or the details shown when you buy a ticket. Those terms are part of your agreement with us for that feature. If they conflict with these Terms, the additional terms win for that feature only.

2. Who can use KOMOS

KOMOS is for adults. You must be at least 18 years old to use it. If a birthdate shows that someone is under 18, the account is put on hold: it cannot be used, and it is deleted, with everything entered into it, within 30 days. If we learn in any other way that an account belongs to someone under 18, we close it the same way.

You may not use the Services if we have previously removed you from them, or if the law where you live does not allow you to use them. You may not create an account for anyone else, and you may not use someone else’s account without their permission.

3. Your account

Give us accurate information when you sign up and keep it current. Your birthdate must be your real birthdate: it decides which age rules apply to you. Once it is set, only KOMOS can change it; if you entered it wrong, write to [email protected].

You can sign in with an email address, or with Apple or Google, whose own terms also apply to that sign-in. Keep your sign-in details private. You are responsible for what happens on your account, and you should tell us at [email protected] right away if you think someone else has used it.

Your handle must not impersonate anyone, mislead people about who you are, or infringe someone else’s rights. We may reclaim or change a handle that does, or one that is held without being used. Your account is personal to you: you may not sell, rent, or transfer it, or its handle, to anyone else.

4. Age-restricted venues, events, and tickets

Venues and events marked 21+ or 18+ stay visible to everyone on KOMOS, with a clear label. If you are under the age a venue or event requires, or your age is unconfirmed, the app warns you before you check in or RSVP there.

KOMOS is not the door. The venue decides who comes in and enforces its own age policy, usually by checking ID. An RSVP, a check-in, or a ticket on KOMOS never promises entry.

A paid ticket to an age-restricted event can be bought only when your account shows you meet the required age. A free ticket that comes with an RSVP carries the same warning, and the venue checks age at the door. You must never misrepresent your age to see, buy, or use anything on KOMOS.

5. Location, check-ins, and sharing

Location features are your choice. Location sharing is off until you turn it on, and when it is on, only the friends you choose can see your position. You can turn it off, change who sees you, or hide yourself at any time.

If you let KOMOS use your location, it can notice when you arrive at a venue and check you in there; you can always say you are not there. A check-in records the venue and the time, and your friends may see it according to your settings.

Share only with people you trust. Never use KOMOS to follow, track, or locate someone who has not chosen to share their location with you, and never share another person’s location without their permission.

6. Safety, and what KOMOS is not

KOMOS is not an emergency service, and nobody monitors it in real time. In an emergency, call 911. The “Call 911” shortcut in the app only opens your phone’s dialer.

KOMOS does not own or operate the venues, events, or rides you find through it. Venues, organizers, and drivers are independent, and they are responsible for their premises, their staff, their service, their prices, and their own policies. A venue’s message line reaches that venue’s own team, not KOMOS.

Information about venues and events (hours, cover, lines, crowds, music, prices, and age rules) comes from venues, organizers, people on KOMOS, and public data sources. It can be wrong, incomplete, or out of date. Check anything important before you rely on it.

Look out for your friends, pace your night, and never drive impaired. KOMOS will never push you to drink. Use caution when meeting people you know only through the Services.

7. Your content

Photos, videos, stories, messages, comments, plans, events, notes, and everything else you post or send (“your content”) stays yours.

To run the Services, you give KOMOS a worldwide, non-exclusive, royalty-free license to host, store, copy, process, and adapt your content (for example, to resize it, re-encode it, or remove hidden metadata) and to show it to the audiences you choose, including in share links and previews, and on a venue’s page for posts you share publicly there, for as long as it stays on KOMOS. When someone reposts your post, it still reaches only people inside the audience you chose. The license also lets our service providers do these things for us, lets us operate, secure, and improve the Services, lets us keep your content where the law requires it, and lets us use it to keep the Services safe, for example to review a report.

We do not use your content to train AI models. We never use your photos or videos in advertising for KOMOS without your written permission, and the written permission of anyone recognizable in them.

When you delete your content, it is removed from the Services’ surfaces, and its words are deleted; a message you delete is deleted with any photo in it, and only an empty placeholder, with no words or photo, stays in our records. Copies may remain for a limited time in backups, and content that other people saved, screenshotted, or quoted in their own messages may remain with them.

Post only what you have the right to post. Do not post other people’s photos, art, music, or flyers without permission, and be thoughtful about posting people who did not agree to be in your photo. You are responsible for your content and for the consequences of sharing it.

8. Community rules

You agree not to use the Services to:

• break the law, or help anyone else break it;
• harass, bully, threaten, intimidate, or demean anyone, or promote hatred or violence against people based on who they are;
• post or share sexual content involving anyone under 18 (we report it to the authorities), intimate images of anyone without their consent, or sexually explicit content;
• share another person’s private information or location without their permission, or follow, track, or locate anyone who has not chosen to share with you;
• impersonate anyone, or claim to own, manage, or represent a venue, organization, or artist you do not;
• misrepresent your age, or get around an age rule, a block, or any other limit we put in place;
• encourage excessive drinking, drug use, or other dangerous behavior, sell or offer illegal drugs or weapons, or help anyone underage get alcohol;
• post photos, art, music, flyers, or other content you do not own or have permission to use;
• spam people, run scams, sell fake tickets, or resell tickets in a way these Terms or the event do not allow;
• sell, rent, or transfer your account or handle;
• advertise or sell goods or services to people on KOMOS, except through the business tools we provide for that purpose;
• scrape, crawl, copy, or collect data from the Services by automated means, or use anything taken from KOMOS to build a competing product or database;
• reverse engineer the app, interfere with or overload the Services, test their security without our written permission, or upload malware;
• misuse reporting or blocking tools, or file false reports.

9. Reporting, moderation, and enforcement

There is no tolerance for objectionable content or abusive people on KOMOS. KOMOS filters objectionable language in captions, comments, handles, and messages. Anyone can report content or an account in the app, and anyone can block another person; reported content is reviewed.

We may remove or restrict content, limit features, suspend accounts, or remove accounts that break these Terms or put people at risk, with or without notice, and silently where safety requires it. A venue’s team can also hide photos and comments on that venue’s own page.

We may share information with law enforcement as described in our Privacy Policy. If we suspend your account, you can appeal once in the app, and a person on our team reviews the appeal. If you think we made a mistake about your content or your account, you can also write to [email protected] and we will take another look.

10. Copyright

We respect copyright and expect you to. If you believe something on KOMOS infringes your copyright, report it in the app with the reason “Copyright,” or send a notice to our designated copyright agent: Copyright Agent, KOMOS Industries LLC, 981 Morris Park Ave, Suite 202, Bronx, NY 10462; [email protected]; (347) 237-3090. Our agent is registered with the U.S. Copyright Office. Your notice must include:

• your physical or electronic signature;
• a description of the copyrighted work you believe was infringed;
• where the material is on KOMOS, with enough detail for us to find it (a link, a handle, or a screenshot);
• your name, mailing address, phone number, and email address;
• a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

If we remove your content because of a notice and you believe it was a mistake or that you had the right to post it, you may send a counter-notice to the same address. It must include your signature; a description of what was removed and where it was; a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification; your name, address, and phone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which KOMOS may be found) and will accept service from the person who sent the notice. We may restore the content 10 to 14 business days after we receive a valid counter-notice unless the person who sent the notice tells us they have filed a lawsuit.

When we act on a valid copyright notice about something an account posted, we suspend that account at once. The person can appeal once, in the app, and a person on our team reviews the appeal. If the appeal is granted, the suspension is lifted; if it is denied, the suspension is permanent. A counter-notice, described above, stays available whatever happens to the appeal.

Sending a notice or counter-notice that you know is false can make you liable for damages. Trademark complaints can be sent to the same address.

11. Events, RSVPs, and plans

Anyone can create an event or a plan on KOMOS and choose who can see it. If you host an event, you are responsible for it: for describing it accurately, for following the law (including licensing, capacity, noise, and alcohol laws, and never serving alcohol to anyone underage), for the safety of your guests, and for any rules of the place where it happens.

If your event happens at a private address, that address is shown to the audience you choose. Choose that audience carefully, and only share an address you have the right to share. When an event at an address is visible to anyone on KOMOS, the app tells you so before it posts.

An RSVP tells the host, and the people who can see the event, that you plan to go; you can hide yourself from an event’s guest list, but the host always sees who is going. An RSVP is not a ticket unless the event says it is. Hosts may check guests in at the door. People the owner of a plan shares it with can see its stops, and those the owner makes editors can change them.

12. Tickets

Tickets on KOMOS are issued for an event by its venue or organizer (the “Organizer”; today, only venues sell paid tickets), not by KOMOS. The Organizer is responsible for the event, including whether it happens, what it includes, and who it admits. A ticket is shown in the app (and can be added to Apple Wallet) and admits one person. Unless the event says otherwise, you may hold one ticket per event. A free ticket that comes with an RSVP is tied to your account and cannot be transferred or sold.

Paid tickets. When an Organizer sells tickets through KOMOS, KOMOS collects payment for the Organizer as its limited payment collection agent: when you pay KOMOS, you have paid the Organizer, and the Organizer must honor your ticket. Only Organizers that KOMOS has approved can sell tickets. The total price, including any KOMOS service fee and any sales tax, is shown on the event before you choose a ticket, and the part that is a fee is named; the price does not go up during checkout. Payments are processed by Stripe; KOMOS never receives your full card number. A ticket is yours once your payment is confirmed; a checkout that is not completed in time expires, and sales close when the event’s night ends.

Transfers. Every paid ticket is also offered, at the same price and with no extra fee, in a form you can give to someone else (for example, a pass whoever holds it can present at the door). Resale is allowed only as the law and the event allow.

Refunds. All ticket sales are final, except that:

• if the Organizer cancels the event, you receive a full refund of what you paid, automatically;
• if the event’s date or venue changes, you can ask for a full refund;
• the Organizer may choose to refund your ticket, and refunds are always of the full amount you paid; and
• we will refund you where the law requires it, or where we cancel a sale because of a pricing error or a problem with the payment.

To ask for a refund, contact the Organizer through the event, or contact us at [email protected]. Refunds go back to the original payment method, and your bank decides how long that takes. A paid ticket cannot be given back by changing your RSVP.

If something is wrong with a charge, please contact us before you dispute it with your bank, so we can help. We may cancel tickets bought with a stolen card or through fraud, and may stop selling tickets to an account that abuses disputes.

Deleting your account does not cancel a paid ticket: we keep the order until the event’s night has passed, and a ticket you saved to Apple Wallet still works.

13. Paid features

Most of KOMOS is free. We may offer paid features in the future, such as subscriptions, promotions, or merchandise. If we do, the price, what you get, how billing works, how to cancel, and any other terms will be shown before you pay, and those terms will apply to that purchase. A subscription that renews automatically will say so clearly, and you will be able to cancel it as easily as you started it.

14. Recommendations, plans, and AI features

KOMOS suggests venues, events, and plans based on what is happening tonight, what your friends are doing (where they let you see it), and your own activity on KOMOS, as explained in our Privacy Policy. Suggestions are not endorsements, and a venue’s place in a list is never for sale unless it is clearly labeled as promoted.

The planner uses artificial intelligence to understand a request you type and turn it into changes to your plan, built from the venues on KOMOS. What you type, with the plan details our Privacy Policy describes, is sent to our AI provider to do that. By default, a plan for anyone under 21 leaves out 21+ places. The planner has a switch to include them; each one then shows its age label and the same warning as a check-in. Entry is always up to the venue. Suggestions, plans, and anything else generated for you can be wrong, out of date, or unsuitable, so use your own judgment, and check anything that matters, like whether a place is open or whether you meet its age rules. KOMOS never suggests drinking more, unsafe quantities, or unsafe ways to get around.

15. Badges, rewards, and perks

KOMOS may award badges or offer rewards, credits, or perks for using the Services. They have no cash value, cannot be sold, transferred, or exchanged for money, may expire, and may count as taxable income to you if their value is high enough. We can change or end them, and we can withhold or remove them from an account that games them or breaks these Terms.

16. Other companies’ services and links

KOMOS connects you with services that other companies provide, such as Apple Maps and Google Maps for directions, Uber and Lyft for rides, Apple and Google for signing in, Stripe for payments, and the websites of venues and artists. When you use those services, their own terms and privacy policies apply. We are not responsible for them, and a link is not an endorsement.

17. Part B. Business accounts

This part of the Terms applies to anyone who uses KOMOS for a venue, an organization, or an artist (a “business account”), in addition to the rest of these Terms. Everyone with a role in a business account, owners and team members alike, must be at least 18. When you claim a business, you agree to this Part B of the Terms, and we keep a record of that agreement.

Claiming. To manage a venue, you claim it in the app and tell us how we can verify you. KOMOS reviews every claim before approving it and may ask for more proof. Organizations and artists are requested the same way. A false claim is removed, and so can the account that made it. You confirm that you are authorized to act for the business you claim.

Your team. Owners can invite co-owners and team members and choose what each one can do. You are responsible for your team’s use of KOMOS and for removing access from anyone who should no longer have it. If a venue’s last owner leaves, the venue returns to unclaimed. If an organization’s or artist’s last owner leaves, it is held for 30 days and then deleted.

You are responsible for your premises and your events, including security, the door, checking IDs, and serving alcohol only as the law allows, and you will defend and indemnify KOMOS against claims arising from them (section 30 explains how).

We may refuse, suspend, or end a business account’s access to business tools, for example if a claim cannot be verified, the business closes, or these Terms are broken.

18. Your business page and content

Keep the information you give us about your business accurate and current, including hours, prices, cover, entry and age policies, and events. Do not post anything misleading.

You keep ownership of the names, logos, photos, descriptions, and other content you provide for your business. You give KOMOS a worldwide, non-exclusive, royalty-free license to use, copy, adapt, and display it in the Services, on your venue website, in share links and previews, and to show people that your business is on KOMOS, including your name and logo in KOMOS’s own marketing; you can ask us to stop that at any time. You confirm that you have the rights to everything you provide.

KOMOS decides what appears on a venue’s page. Information about a venue can also come from public data sources and from people on KOMOS, and it may differ from yours; when it does, KOMOS chooses what to show. If something is wrong, tell us and we will look into it. KOMOS may also decide which places appear on the map at all.

19. Venue websites and visitor inquiries

KOMOS can host a website for your business at getkomos.com. You write its content in the business tools and decide when to publish it or take it down. A published website, and every picture you upload for it, is public: anyone with the address can see them. KOMOS may take a website down if it breaks these Terms.

Visitors can send your business an inquiry through the website’s forms. KOMOS emails each inquiry to the addresses you choose and keeps a copy in your business tools. Use what visitors send you only to answer them and to provide what they asked about, keep it secure, and handle it lawfully. Replies you send through KOMOS come from a KOMOS address on your behalf.

Your website counts visits without cookies or any identifier, so the numbers you see never tell you who visited.

20. Guests, messages, and analytics

Some features show your business who someone is: the people who message your venue line, the guest list and ticket holders of an event you host, and the people your team checks in at the door. Use that information only to serve and host those guests. Do not sell it, share it outside your business, add people to marketing lists without their consent, or use it to track or contact anyone for any other purpose, and protect it from anyone who does not need it.

Keep what you see about guests secure, delete it when you no longer need it, and tell us promptly at [email protected] if it is exposed to anyone who should not have it.

Your venue’s analytics show counts, never names. You agree not to try to work out who is behind any count, and not to combine KOMOS numbers with other data to identify people. Statistics KOMOS shares or licenses to others can include counts for your venue (for example, how busy it was by the hour), built from at least 50 people and never naming anyone.

Keep confidential anything about KOMOS that we share with you and that is not public, such as unreleased features, terms, or numbers.

Answer guests respectfully. Your venue line is for helping guests, not for harassment or spam.

21. Selling tickets

Approval. You can sell paid tickets on KOMOS only after KOMOS approves you as a seller, and only for your own events; today, only venues can sell. KOMOS may set limits on sales, pause sales, or stop approving them at any time.

Stripe. Payment processing for sellers on KOMOS is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement and any other Stripe terms you accept when you set up payouts (together, the “Stripe Services Agreement”). By selling tickets on KOMOS, you agree to the Stripe Services Agreement, as Stripe may change it from time to time. As a condition of KOMOS enabling payment processing through Stripe, you agree to give KOMOS accurate and complete information about you and your business, and you authorize KOMOS to share it, and the transaction information related to your use of Stripe’s services, with Stripe.

Payment collection. You appoint KOMOS as your limited agent to collect ticket payments from buyers. A buyer’s payment to KOMOS satisfies the buyer’s payment to you. You remain the seller of your tickets and are responsible for your event, for honoring every valid ticket, and for any refund policy you set, which you must make clear before people buy.

Fees and payouts. KOMOS’s fee is shown in your business tools and is either added to the price buyers pay or taken from your share, as agreed with you. KOMOS pays you your share of each order after the event’s night has ended, plus a few days, once there is evidence the event took place (for example, tickets scanned or guests checked in at the door), or after KOMOS has reviewed it. We pay within 30 days after the event unless an order is disputed, is under review for possible fraud, or must be held by law, or there is no evidence the event happened. You agree that KOMOS may tell buyers that it collects payment on your behalf.

Refunds, cancellations, and disputes. You can refund an order in full from your business tools. If you cancel an event, every paid order is refunded in full automatically, and you receive nothing for refunded orders. KOMOS handles card disputes; while an order is disputed its share is held, and if a dispute is lost you receive nothing for that order. If an order is refunded or lost in a dispute after you have been paid, the amount you received for it is reversed.

Taxes and law. Where sales tax applies to a ticket, it is included in the price buyers see, and KOMOS collects and pays it where the law requires KOMOS to. You are responsible for any other taxes on your events and sales, and for following the laws that apply to your events and ticket sales. KOMOS may send tax forms for payments it makes to you where the law requires it.

22. The business network and connected tools

Businesses on KOMOS can find each other, start conversations, and propose terms (for example, for an artist to play a venue). Any agreement you reach is between you and the other business; KOMOS is not a party to it and does not process payments between businesses.

You can connect an outside assistant or app, such as an AI assistant, to your business account to work on your venue website for you. A connected tool acts as you, with your permissions; you are responsible for what it does, and its provider’s terms apply to it. Connect only tools you trust, and contact [email protected] if you want to disconnect one. Anything you send to a connected tool goes to its provider at your direction. KOMOS may limit or end a connection, for example if it is misused or overloads the Services.

If KOMOS offers paid business tools, promotions, or plans, the price and terms will be shown before you buy. Anything promoted to people on KOMOS will be labeled as promoted.

23. KOMOS’s property and your license to use the app

The Services, including the app, the software, the design, the KOMOS name and logo, and the content KOMOS creates, belong to KOMOS or its licensors and are protected by law. Venue data from outside sources is used under their licenses, which are listed under Data credits.

We give you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the app on devices you own or control, and to use the Services, for your own use and in line with these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services, or reverse engineer the software, except where the law allows it despite this restriction. You may not use KOMOS’s name or logo without our permission.

24. Apple App Store terms

If you got the app from Apple’s App Store, these terms also apply:

• These Terms are between you and KOMOS only, not Apple, and KOMOS, not Apple, is responsible for the app and its content.
• Your license to use the app is limited to using it on Apple-branded products you own or control, as allowed by the Usage Rules in the App Store Terms of Service, except that family members or other accounts may access it through Family Sharing or volume purchasing where those rules allow.
• KOMOS is responsible for any maintenance and support of the app. Apple has no obligation to provide them.
• If the app fails to meet a warranty that applies to it, you may tell Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to meet a warranty are KOMOS’s responsibility, not Apple’s.
• KOMOS, not Apple, is responsible for any claims relating to the app or your use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
• If anyone claims that the app or your use of it infringes their intellectual property rights, KOMOS, not Apple, is responsible for investigating, defending, settling, and discharging that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply when you use the app, such as your wireless data service agreement.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple may enforce them against you.

Questions, complaints, or claims about the app go to KOMOS at [email protected].

25. Feedback

If you send us ideas or suggestions, we may use them without any obligation to you.

26. Messages from KOMOS

By using the Services, you agree that we may send you notices and messages in the app, by push notification, and by email, and that these electronic messages satisfy any legal requirement that a communication be in writing. The main kinds of push notification each have their own switch in Settings, and your phone can turn them off entirely. We send account and service messages, such as sign-in emails, receipts, and changes to these Terms, even if you turn off other messages. If we ever send marketing emails, each will include a way to unsubscribe. KOMOS does not send text messages today; if it ever does, it will ask for your permission first.

27. Disputes, arbitration, and class-action waiver

Please read this section carefully. It affects how disputes between you and KOMOS are resolved.

Talk to us first. Before starting a formal claim, send us a written description of the problem and what you want at [email protected], with the subject line “Notice of dispute,” and give us 30 days to try to resolve it informally. We will do the same if we have a claim against you, using the contact details on your account. The time limits for bringing a claim are paused during those 30 days.

Arbitration. If we cannot resolve it, you and KOMOS agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, for disputes with a business account, its Commercial Arbitration Rules). The Federal Arbitration Act governs this section. The arbitrator decides all issues, including the scope and enforceability of this agreement to arbitrate, except that a court decides any question about the class-action waiver below. Hearings may take place by video or phone, or in the county where you live. For a claim of $10,000 or less, you may choose to have it decided on written submissions alone.

Fees. Your share of filing fees will be no more than what you would pay to file in court. KOMOS will pay any other fees that the AAA rules assign to the business, and any fees the arbitrator finds excessive for you to pay.

Exceptions. Either of us may bring an individual claim in small claims court instead, if it qualifies, and either of us may go to court to stop the infringement or misuse of intellectual property, or the misuse of the Services or of other people’s personal information.

No class actions. You and KOMOS each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may award relief only to the individual party seeking it, only to the extent needed for that party’s individual claim. If this class-action waiver is found unenforceable for a claim, that claim (and only that claim) must be decided in court, not in arbitration. If 25 or more similar demands for arbitration are filed against KOMOS by or with the help of the same law firm or group, the AAA’s mass arbitration procedures apply.

No jury. To the extent the law allows, you and KOMOS waive any right to a jury trial.

Opting out. You can opt out of this agreement to arbitrate within 30 days of first accepting these Terms by emailing [email protected] with the subject line “Arbitration opt-out” and your name, your KOMOS handle, and a clear statement that you want to opt out. Opting out does not affect any other part of these Terms.

Changes. If we change this section, the change will not apply to a dispute we already knew about, and you may reject the change by emailing us within 30 days of it taking effect.

Where disputes go if not arbitrated. These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Any claim that is not arbitrated will be decided only in the state or federal courts located in New York County, New York, and you and KOMOS consent to their jurisdiction.

28. Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent the law allows, KOMOS disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Services will be uninterrupted, secure, error-free, or accurate.

KOMOS does not guarantee anything about venues, events, organizers, other people, or other companies’ services, including whether a place is open, what it costs, how busy it is, whether you will be admitted, or how a night will go. You are responsible for your own decisions and your own safety. Some features are early versions that may change, break, or be removed, and we may reset data in them while they are being tested.

New Jersey residents: the limits in sections 28 and 29 apply to you only as far as New Jersey law allows. Nothing in these Terms limits your rights under the New Jersey Consumer Fraud Act or the Truth-in-Consumer Contract, Warranty and Notice Act, or KOMOS’s liability for its own gross negligence or willful misconduct.

29. Limitation of liability

To the fullest extent the law allows, KOMOS and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Services, even if we were told they were possible.

To the fullest extent the law allows, KOMOS’s total liability for all claims arising out of or related to these Terms or the Services is limited to the greater of $100 or the amount you paid to KOMOS (not counting ticket prices passed on to Organizers) in the 12 months before the event that gave rise to the claim.

These limits do not apply to refunds we owe you under section 12, or to liability that the law does not allow to be limited, such as liability for fraud, gross negligence, or willful misconduct.

30. Indemnification

To the extent the law allows, you will defend, indemnify, and hold harmless KOMOS and its owners, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable lawyers’ fees) arising from your content, your use of the Services, an event you host, your business account, or your breaking these Terms or the law or someone else’s rights. We may take over the defense of a claim, and you will cooperate with us.

31. Ending your use of KOMOS

You can stop using KOMOS at any time. You can delete your account yourself in Settings → Delete account; the Privacy Policy explains what happens to your information.

We may suspend or end your access to all or part of the Services at any time, with or without notice, if you break these Terms, if we must for legal reasons, or if your use creates risk for other people or for KOMOS. We may also stop offering any part of the Services.

Sections of these Terms that by their nature should survive the end of your use of KOMOS will survive, including those about your content, licenses you gave us, payments owed, disclaimers, limitation of liability, indemnification, and disputes.

32. Changes to the Services and to these Terms

KOMOS changes as we build it. We may add, change, or remove features at any time.

We may update these Terms. When a change matters, such as a change to your rights or obligations, we will tell you in the app before it takes effect. The date at the top shows when these Terms last changed. When a change matters, the app also asks you to agree to the updated Terms before you keep using it; if you do not agree, stop using the Services and delete your account.

33. General terms

• Entire agreement. These Terms, our Privacy Policy, and any additional terms that apply to a feature you use are the whole agreement between you and KOMOS about the Services.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part will be changed only as much as needed to make it enforceable.
• No waiver. If we do not enforce part of these Terms, we have not given up the right to enforce it later.
• Assignment. You may not transfer these Terms or your rights under them without our written consent. We may transfer them, for example as part of a merger, acquisition, or sale of assets.
• Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
• Relationship. Nothing in these Terms makes you and KOMOS partners, employees, or agents of each other, except that KOMOS acts as an Organizer’s limited payment collection agent as described in sections 12 and 21.
• Export laws. You agree to follow all export control and sanctions laws that apply to your use of the Services.
• Notices. We may send notices to the email address on your account or show them in the app. You can send notices to [email protected].
• California users. Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210.
• Headings and language. Headings are for convenience only. “Including” means “including without limitation.”

34. Contact us

KOMOS Industries LLC, New York. Questions about these Terms, notices, and requests: [email protected].