Terms & Conditions

Effective Date: July 10, 2017

Welcome to EventPally! Our website, product, and services (collectively, “Services”) are provided by EventPally LLC, a Wisconsin limited liability company (“we,” “us,” or “our”). Our mission is to help you (the “User”) manage and pool money for group events.

These Terms of Service (“Terms”) govern your access to and use of our Services. By accessing or using our Services, you enter into a legally binding contract with us. You also represent that you have read, understood, and agree to be bound by these Terms. These Terms contain an arbitration clause, limit your right to seek relief in court, and other important information about your rights and obligations. We may change these Terms at any time by posting a new version or by notifying you. If you do not agree to these Terms, do not access or use our Services.

  • 1. User Eligibility. To use our Services, you must be a person at least 18 years or older or an entity legally authorized to do business.
  • 2. User Account. You must create a User Account through EventPally to use our Services. You must provide truthful and accurate information when you create your User Account and must update it as necessary.
  • 3. Usernames and Passwords. You must create a username and password to access and use our Services. We encourage you to use a strong password, meaning one that is long and contains upper and lower case letters, numbers, and symbols. If you suspect or are aware of any unauthorized use of your username, you must notify us immediately.
  • 4. Overview of Services. We provide a platform to help Users with group events. Specifically, we allow a User who plans an event (“Event Planner”) to create (a) a free event, for which guests are not charged; (b) a paid event, for which guests pay a fixed price per person, split the total evenly, or give donations; or (c) a fundraiser, for which guests make donations. A user who attends an event (“Guest”), in turn, may use our platform to discuss that event and, if applicable, to pay for or obtain tickets to that event.
  • 5. Payment and Fees.
    • a. Nature of Relationship. Except as provided otherwise in these Terms, we are not a party to the ticket contract between an Event Planner and a Guest. We act as an Event Planner’s payment agent for the limited purpose of accepting payments from Guests. After a Guest makes a payment to an Event Planner, that Guest’s payment obligation to the Event Planner is complete, and we are then responsible for remitting such amounts, minus service fees, to the Event Planner.
    • b. Payment Processor. Payment processing services for event planners on EventPally.com are provided by Stripe and are subject to the Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as an event planner on EventPally.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of EventPally LLC enabling payment processing services through Stripe, you agree to provide EventPally accurate and complete information about you and your business, and you authorize EventPallyEventPally to share it and transaction information related to your use of the payment processing services provided by Stripe.
    • c. Service Fees. Our service fees are described in detail here, and you must pay all service fees associated with your use of our Services. We do not charge service fees for Users to create or attend a free event.
    • d. Use of Funds. If you are an Event Planner, you must use any funds you collect only for purposes that you expressly disclose to Guests through our website and not for any other purpose. If we make a good faith determination that information about your event is inaccurate or deceptive, or that you have not used funds as expressly described through our website, you must promptly refund the entire amount collected from any Guests.
    • e. Refunds. An Event Planner must communicate its refund policy to Guests and must issue refunds in accordance with that policy. If a Guest desires a refund, that Guest must request it from the Event Planner. All disputes regarding refunds are between an Event Planner and the Guest, and we are not responsible for refunds, errors in refunds, or failures to refund. We will refund service fees only if our third-party payment processor allows it for a particular transaction. If our third-party payment processor does not allow a refund of service fees, in whole or in part, the Event Planner is responsible for reimbursing those fees.
  • 6. Prohibited Activities. You must not use our Services for or in connection with the following:
    • Any illegal or fraudulent activities or items
    • Narcotics, steroids, drug paraphernalia, controlled substances, or products that present a risk to consumer safety
    • Activities or items that are hateful, violent, abusive, racially or ethnically offensive, discriminatory, defamatory, harassing, humiliating, threatening, violent, sexually suggestive, obscene, or pornographic
    • Activities or items that violate any copyright, trademark, patent, trade secret, or other intellectual property right of any party
    • Activities or items that may create a risk to the health or safety of you, another person, or any animal
    • Activities or items that may create a risk of damage to any property
    • Activities or items that may harm or exploit children
    • Ammunition, firearms, knives, or other weapons
    • Pyramid or ponzi schemes, matrix programs, multi-level marketing programs, or other “get rich quick" schemes
    • Annuities, lay-away systems, currency exchanges, check cashing, traveler’s checks, or money orders
    • Credit repair, debt settlement services, credit transactions, or insurance activities
    • Unsolicited offers, junk mail, chain letters, spam, or any other similar solicitation
    • Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes, unless the event coordinator has obtained prior approval from EventPally and the operator and customers are located exclusively in a jurisdiction where such activities are permitted by law
    • Impersonation of, or falsely claiming an affiliation with, any person or entity
    • Collection or use of personal information about Users or third parties without their consent, except as necessary to use our Services
    • Accepting payments for goods or services provided by someone other than you
    • Damaging, disabling, overburdening, or impairing our Services
    • Interfering with another User's enjoyment of our Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code
    • Competing with us or with our business partners
    • Transferring funds between bank accounts held in the same name
    • Creating a User Account that is linked to another User Account that has engaged in any prohibited activities
    • Reverse engineering, decompiling, or otherwise attempting to derive the source code we use to provide our Services

      We reserve the right to freeze or seize funds resulting from a prohibited activity and to terminate your account.

  • 7. Users Outside the United States. If you are located outside the United States, you consent to having data about you transferred to and processed in the United States, Canada, or both locations. In addition, you must not use our Services if any of the following apply:
    • a. You are a citizen or resident of, or located in, a destination subject to U.S. embargoes or trade sanctions, including Cuba, Iran, North Korea, Sudan and Syria.
    • b. You are on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons List, or the Department of State’s Debarred Parties List.
  • 8. Privacy and Copyright Policies. We have a policy about how we collect, use, and share information that personally identifies you or that could be used to contact or locate you (“Privacy Policy”). To view the Privacy Policy, click here. We also have a policy for copyright owners who believe that material appearing on our platform infringes their rights under U.S. copyright law (“Copyright Policy”). To view the Copyright Policy, click here. The Privacy Policy and Copyright Policy are part of these Terms.
  • 9. Our License to You. We grant you a limited license to access and use our Services for the purposes described in these Terms. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this website in any way for any public or commercial purpose without prior written consent of EventPally LLC or the rights holder. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of this website unless expressly permitted by law. This website or any portion of it may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us. We and our licensors retain all of our right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the website.
  • 10. Limited Nature of Site. We provide an online platform for people to manage and pool money for group events. We do not endorse, and are not legally responsible for, content posted to or through our Services, even if such information or content is confidential, private, inaccurate, unreliable, defamatory, or otherwise legally actionable. We also do not have any obligation to prescreen, monitor, edit, or remove any user content, except as expressly stated otherwise in our Terms or as legally required. We reserve the right to remove or restrict access to any information or content posted to or made available through our Services.
  • 11. Term; Termination. These Terms become a legal contract with you when you access or use our Services, and it continues until terminated in accordance with this Section. You or we may terminate these Terms at any time, with or without cause, effective immediately upon written notice to the other party, or by terminating or suspending your account. We reserve the right to terminate your account or access to our Services for any reason or no reason.
  • 12. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OR BY US, WE PROVIDE OUR SERVICES ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY OUR SERVICES, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS PER SECTION 11 (“TERM; TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WE DO NOT GUARANTEE THAT OUR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. WE ALSO DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.
  • 13. LIMITATION OF LIABILITY. IN NO EVENT SHALL EventPally LLC OR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, MEMBERS, OFFICERS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER USER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF USE, PROFIT, REVENUE, OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO EventPally OR SERVICES PROVIDED UNDER THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OF PROCESSING FEES ACTUALLY COLLECTED BY US FROM YOU FOR THE MATTER TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OR ALL OF THE FOREGOING MAY NOT APPLY TO YOU.
  • 14. Indemnification. To the fullest extent permitted by law, you shall, during and after the term of these Terms, indemnify, defend, and hold harmless us and our affiliates, parent companies, subsidiaries, members, officers, employees, and agents, past or present, against all losses, claims, demands, actions, causes of action, suits, liabilities, damages, expenses, fees and costs (including but not limited to reasonable fees and costs for attorneys, witnesses, professionals, alternative dispute resolution and courts) against third-party claims arising out of or relating to (a) your use of our Services; (b) your breach of any provision of these Terms; (c) infringement by you of any third party’s patent, trademark or copyright, or misappropriation by you of any third party’s trade secret; or (d) your obligations to another User or Users. We have the right to choose and employ counsel reasonably acceptable to us and to participate in the defense of any action or legal representation to which this indemnification provision applies. You shall not compromise or settle any claim covered by this indemnification provision without our consent. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
  • 15. Arbitration. You and we agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms or to our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its applicable rules and procedures. The AAA's rules are available here. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY OR CLAIMS INVOLVING ANOTHER USER’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ANY RELIEF AWARDED CANNOT AFFECT OTHER EventPally USERS. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If the prohibition against class actions and other claims brought on behalf of third parties contained in this section is found to be unenforceable, then all of the preceding language in this provision shall be null and void. This arbitration agreement will survive the termination of your relationship with us.
  • 16. Arbitration Opt-Out. YOU MAY CHOOSE TO REJECT THE ARBITRATION PROVISION IN SECTION 15 ABOVE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE. THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST BECAME SUBJECT TO THIS ARBITRATION PROVISION. YOU MUST MAIL THE OPT-OUT NOTICE TO: EventPally LLC ATTN: Arbitration Opt-Out, ADDRESS . YOUR OPT-OUT NOTICE MUST INCLUDE YOUR NAME, ADDRESS, EMAIL ADDRESS, AND A STATEMENT YOU THAT YOU DESIRE TO OPT-OUT OF THE ARBITRATION PROVISION IN THESE TERMS.
  • 17. Governing Law. The laws of the State of Wisconsin govern all matters arising out of or relating to these Terms and all transactions it contemplates, including its interpretation, construction, performance, and enforcement. The prevailing party in any action or proceeding between the parties shall be entitled to an award of its reasonable attorney’s fees and costs.
  • 18. Forum Selection. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Terms shall bring the legal action or proceeding in a state or federal court in the County of Milwaukee, State of Wisconsin. The parties consent to the exclusive jurisdiction of such courts, and each party waives any objections it may now or later have to the venue or convenience of such forum.
  • 19. Assignment. You may not assign any of your rights or delegate any of your duties under these Terms except with the prior written consent of EventPally LLC. We may withhold consent for any reason or no reason in our sole discretion. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. Any purported assignment of rights in violation of this Section is void.
  • 20. Entire Agreement. These Terms, together with any other legal notices, agreements, and policies published by us on EventPally.com, constitutes the final agreement between the parties and is the complete and final expression of the parties’ intent on the matters in these Terms. All prior and contemporaneous negotiations and agreements between the parties on the matters in these Terms are merged into and superseded by these Terms. There are no conditions precedent to the effectiveness of these Terms other than those expressly stated in these Terms.
  • 21. Severability. If any term, clause or provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining terms, clauses and provisions remain in full force and effect, if the essential terms and conditions of these Terms remain valid, legal and enforceable.
  • 22. Waiver. We will not be considered to have modified or waived any of our rights or remedies under these Terms unless the modification or waiver is in writing and signed by an authorized representative of us. No failure or delay by us in (a) exercising any right or remedy or (b) requiring the satisfaction of any condition under these Terms, and no course of dealing between the parties, operates as a waiver or estoppel by us of any right, remedy or condition.
  • 23. Amendments. We reserve the right to modify, supplement, or replace these Terms, effective upon posting at EventPally.com or notifying you otherwise. If you do not want to agree to changes to these Terms, you may close your account and terminate these Terms at any time per Section 11 (“Term; Termination”).
  • 24. Notices. We will send notices to you under these Terms by email or by posting notices on EventPally.com. You consent to receive notices and other communications from us electronically and agree that such communications satisfy any legal requirement for a writing. You will be considered to have received a notice or other communication when we send it to the email address you have given us, or when we post such notice or other communication on EventPally.com. You must keep your email address updated, and you must regularly check EventPally.com for postings. All notices to us intended to have a legal effect concerning these Terms must be in writing and delivered either in person or by means evidenced by a delivery receipt, to the following address:

    EVENTPALLY LLC.
    1101 North Market Street
    Suite 200
    Milwaukee, WI 53202

    Such notices to us are deemed effective upon receipt.
  • 25. Contacting Us. If you have any questions or need assistance, or wish to report a violation of our policies or procedures, please email us at support@eventpally.com.