Terms of Service

WiseProd provides software that lets organizations create event pages, sell tickets and table reservations, manage guest lists, and accept payments online. WiseProd is a technology platform. We are not an event organizer, promoter, sponsor, venue, or ticket seller, and we do not host, run, or attend the events listed on the Services.

These Terms apply to all users of the Services, including:

• Organizers — the organizations and their authorized representatives that use the Services to create events and sell tickets (each an "Organizer"); and
• Buyers — the individuals who browse event pages and purchase tickets or reservations (each a "Buyer," and together with any person who attends an event, an "Attendee").

Some provisions apply specifically to Organizers (Section 7) and some specifically to Buyers (Section 8). All other provisions apply to everyone.

• "Event" means a gathering, party, mixer, social, or other occasion listed on the Services by an Organizer.
• "Ticket" means any ticket, registration, admission, pass, table reservation, or similar item offered for an Event through the Services, including general admission, VIP, and table tiers.
• "Order" means a Buyer's purchase of one or more Tickets.
• "Storefront" means the Organizer-branded event page or pages we host for an Organizer, which may be served at a subdomain of wiseprod.co.
• "Stripe" means Stripe, Inc. and its affiliates, our third-party payment processor.
• "Platform Fee" means the commission WiseProd charges an Organizer on Ticket sales, as described in Section 6.
• "Service Fee" means any fee that may be charged to a Buyer at checkout, as described in Section 6.
• "Content" means any text, images, logos, event descriptions, pricing, names, and other material submitted to or displayed on the Services.

3.1 Age. The Services are intended for adults. You must be at least 18 years old (or the age of majority where you live, if higher) to create an account, list an Event, or purchase a Ticket. By using the Services, you represent that you meet this requirement. Many Events involve venues, activities, or service of alcohol that are restricted to persons of legal drinking age; age and identity verification at the door is the sole responsibility of the Organizer, not WiseProd.

3.2 Accounts. To use certain features, an Organizer (and its representatives) must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us promptly at wiseprod.us@gmail.com if you suspect unauthorized use.

3.3 Roles within an Organizer. An Organizer may grant its representatives different levels of access (for example, administrators, event staff, and ticket scanners). The Organizer is responsible for who it authorizes and for everything those persons do through the Services.

4.1 What we provide. We provide hosted software that enables Organizers to publish Storefronts, sell Tickets, collect payments through Stripe, manage guest lists and check-in, and use related tools (such as referral links and basic analytics). We may add, change, or remove features at any time.

4.2 What we do not provide. We do not produce, control, endorse, or guarantee any Event, and we are not responsible for the truth or accuracy of any Content an Organizer posts, the quality, safety, or legality of any Event, or whether an Event takes place at all. We do not act as a ticket broker or reseller, and we do not set ticket prices, refund policies, or event rules — Organizers do.

4.3 Availability. We work to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. The Services are provided on an "as is" and "as available" basis as described in Section 15.

This Section is important. Read it carefully.

WiseProd is a neutral technology provider. The Organizer — not WiseProd — is solely responsible for its Event and its Tickets, including, without limitation:

• the planning, production, conduct, safety, and security of the Event;
• the accuracy of all Content, including descriptions, dates, times, locations, pricing, and ticket terms;
• obtaining all permits, licenses, and approvals, and complying with all applicable laws, including alcohol-control, dram-shop, health, safety, occupancy, tax, and anti-discrimination laws;
• verifying the age and identity of Attendees and controlling entry to the Event;
• setting and honoring its own refund, cancellation, and conduct policies; and
• responding to Buyer and Attendee questions, complaints, and disputes.

If an Event is cancelled, postponed, oversold, unsafe, misrepresented, or fails to meet your expectations, your recourse is with the Organizer, not with WiseProd. WiseProd is not a party to the agreement between an Organizer and a Buyer for the sale of any Ticket, and WiseProd is not the seller of any Ticket. WiseProd does not vet, endorse, or guarantee any Organizer or Event. Attendees attend Events at their own risk.

6.1 Payments are processed by Stripe. Payments for Tickets are processed by Stripe. Funds from a Buyer's Order are settled to the Organizer's connected Stripe account; the Organizer is the merchant of record for the sale of its Tickets. WiseProd does not take custody of, hold, or control Organizer funds.

6.2 Stripe agreement (applies to Organizers). Payment processing services for Organizers on WiseProd are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Agreement"). By agreeing to these Terms, or continuing to operate as an Organizer on WiseProd, you agree to be bound by the Stripe Agreement, as it may be modified by Stripe from time to time. As a condition of WiseProd enabling payment processing for you through Stripe, you agree to provide WiseProd and Stripe accurate and complete information about you and your organization, and you authorize WiseProd to share that information and transaction information related to your use of Stripe. Stripe processes personal data in accordance with the Stripe Privacy Policy.

6.3 Platform Fee (charged to Organizers). WiseProd charges the Organizer a Platform Fee on Ticket sales. The default Platform Fee is five percent (5%) of the ticket price, though the applicable rate is shown to the Organizer in its account settings and may vary by Organizer or be changed on a going-forward basis. The Platform Fee is collected automatically at the time of sale through Stripe. The Platform Fee does not include Stripe's own payment processing fees, which are charged separately as described in your account.

This Section applies to Organizers in addition to the rest of these Terms.

7.1 Merchant of record. You are the seller and merchant of record for your Tickets. You are solely responsible for delivering what you sell, providing customer service, issuing receipts where required, and handling refunds, complaints, and disputes. WiseProd's role is limited to providing the software and facilitating payment through Stripe.

7.2 Your responsibility for your Event. You are solely responsible for everything described in Section 5, including legal compliance, permits, alcohol and age controls, safety and security, and the conduct of your Event and your representatives. You will not use the Services for any Event or activity that is unlawful, hazardous, fraudulent, or that you are not authorized to hold.

7.3 Refund and cancellation policy. You set your own refund and cancellation policy and are responsible for clearly communicating it to Buyers and honoring it. If you cancel an Event, you are responsible for issuing refunds to Buyers in accordance with your policy and applicable law. The Platform Fee and any Service Fee are non-refundable, as described in Section 9.

7.4 Chargebacks and disputes. As between you and WiseProd, you are financially responsible for all refunds, chargebacks, claims, fines, and reversals arising from your Tickets and Events, consistent with the Stripe Agreement, which provides that the connected account remains liable for refunds and disputes. You authorize WiseProd and Stripe to recover such amounts as permitted by the Stripe Agreement.

7.5 Buyer data and privacy. When you sell Tickets, you receive personal information about your Buyers (such as names and email addresses). With respect to your own use of that information, you act as an independent controller and are responsible for handling it lawfully, including complying with applicable privacy laws and maintaining your own privacy practices. You will use Buyer information only to fulfill and service the relevant Order and Event, and not for unrelated purposes, unlawful marketing, or resale.

This Section applies to Buyers in addition to the rest of these Terms.

8.1 Your purchase is with the Organizer. When you buy a Ticket, you are entering into a transaction with the Organizer, not with WiseProd. The Organizer is responsible for the Event and for honoring the terms of your purchase. Before buying, you should review the Organizer's event details and refund policy.

8.2 What a Ticket is. A Ticket is a limited, revocable license to attend the applicable Event, subject to the Organizer's rules and to capacity, age, identification, conduct, and entry requirements set by the Organizer or venue. A Ticket is not an investment or property right. Possession of an access code does not guarantee availability, and Tickets that require Organizer approval are not confirmed until approved.

8.3 Accurate information. You agree to provide accurate information at checkout, including the name and email used for your Order, so that the Organizer can deliver and validate your Ticket.

8.4 Refunds. All sales are final unless the Organizer's refund policy or applicable law provides otherwise. Refund requests must be directed to the Organizer. See Section 9.

8.5 Conduct and risk. You are responsible for your own conduct at an Event and for complying with the Organizer's and venue's rules and all applicable laws. You attend Events at your own risk. WiseProd is not responsible for anything that occurs at, before, or after an Event.

8.6 Chargebacks. If you believe an Order was charged in error, please contact the Organizer (and, if needed, WiseProd at wiseprod.us@gmail.com) before initiating a chargeback, so the issue can be resolved directly.

9.1 Set by Organizers. Refund and cancellation terms are set by each Organizer. WiseProd does not control, and is not responsible for, any Organizer's refund decisions. We are not obligated to issue refunds.

9.2 Fees. Except where required by law, the Platform Fee and any Service Fee associated with an Order are non-refundable, even if the Organizer refunds the ticket price. Payment processors generally do not return processing fees on refunded transactions.

9.3 Chargebacks. Chargebacks and payment disputes are handled through Stripe and the card networks. As described in Section 7.4, the Organizer remains financially responsible for refunds and chargebacks arising from its Tickets.

You agree not to, and not to permit anyone to:

• use the Services for any unlawful, fraudulent, deceptive, or harmful purpose, or to hold any unlawful, hazardous, or unauthorized Event;
• list, sell, or facilitate the sale of anything illegal, or any Event that violates applicable law (including laws governing alcohol, gambling, controlled substances, or public safety);
• misrepresent yourself, an Event, or your authority to act for an organization;
• circumvent, disable, or interfere with fees, security, payment, or other features of the Services;
• attempt to avoid, reduce, or reverse the Platform Fee or any amount properly owed;
• access or scrape the Services by automated means, or reverse engineer, decompile, or attempt to extract the source code of the Services;
• upload viruses or malicious code, or attempt to gain unauthorized access to the Services or to other users' accounts or data;
• infringe the intellectual property, privacy, publicity, or other rights of any third party;
• harass, threaten, or harm any person, or collect or misuse others' personal information; or
• use the Services in any way that could damage, disable, overburden, or impair them.

We may investigate and take action — including removing Content, suspending or terminating accounts, and cooperating with law enforcement — for any actual or suspected violation.

11.1 Our rights. The Services, including all software, design, text, graphics, and the WiseProd name and logo, are owned by WiseProd or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose. We reserve all rights not expressly granted.

11.2 Your rights. As between you and us, you retain ownership of your Content, subject to the license you grant in Section 7.8. You are responsible for your Content.

11.3 Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

The Services rely on and may link to third-party services, including Stripe (payments) and providers we use for email, hosting, and similar functions. Your use of a third party's service may be governed by that third party's terms and privacy policy. We are not responsible for third-party services, and your dealings with them are at your own risk.

Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference. When you provide personal data in connection with payments, Stripe receives and processes that data in accordance with the Stripe Privacy Policy. As described in Section 7.5, Organizers independently control and are responsible for the Buyer data they receive.

By using the Services, you consent to receive communications from us and from Organizers electronically, including transaction confirmations, Ticket delivery, and service-related messages, at the email address associated with your Order or account. You agree that electronic communications satisfy any legal requirement that a communication be in writing.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WISEPROD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED.

WISEPROD MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY EVENT, ORGANIZER, OR TICKET. We do not guarantee the accuracy of any Content, the quality, safety, or legality of any Event, or that any Event will occur. Because WiseProd is a technology provider and not the seller of Tickets or the organizer of Events, any dispute concerning an Event or Ticket is between the Buyer and the Organizer.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISEPROD AND ITS OWNER, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN PARTICULAR, AND WITHOUT LIMITATION, WISEPROD WILL NOT BE LIABLE FOR ANY INJURY, DAMAGE, OR LOSS ARISING FROM OR RELATING TO ANY EVENT, ANY ORGANIZER, ANY ATTENDEE, OR ANY ACT OR OMISSION OF A THIRD PARTY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISEPROD'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES AND SERVICE FEES WISEPROD ACTUALLY EARNED FROM YOU IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations are a fundamental basis of the bargain between you and WiseProd and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in such cases, our liability is limited to the smallest amount permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law.

You will defend, indemnify, and hold harmless WiseProd and its owner, employees, contractors, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your Content; (c) if you are an Organizer, your Event, your Tickets, your refund and other policies, your representatives and sellers, and your handling of Buyer data; (d) your violation of these Terms or any applicable law; or (e) your violation of the rights of any third party. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us; you will not settle any such matter without our prior written consent if the settlement imposes any obligation on us.

18.1 By you. You may stop using the Services at any time. An Organizer may close its account by contacting us, subject to completion of pending Orders, payouts, refunds, and chargebacks.

18.2 By us. We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without notice, if we believe you have violated these Terms or any law, if required by Stripe or a financial partner, if necessary to protect the Services or other users, or for any other reason in our reasonable discretion.

18.3 Effect. Upon termination, your right to use the Services ends. Sections that by their nature should survive — including Sections 5, 6, 7, 9, 11, 15, 16, 17, 19, 20, and 22 — will survive termination.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

19.1 Informal resolution first. Before starting an arbitration or other proceeding, you agree to first contact us at wiseprod.us@gmail.com and give us 30 days to resolve the dispute informally and in good faith.

19.2 Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court. The arbitrator will decide all issues, except that a court may decide whether this Section is enforceable. Judgment on the award may be entered in any court of competent jurisdiction.

19.3 Class action waiver. You and WiseProd agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

19.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, or (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or the security of the Services.

19.5 Your right to opt out. You may opt out of this Section 19 (arbitration and class action waiver) by emailing wiseprod.us@gmail.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, disputes will be resolved in the courts identified in Section 20. Opting out of arbitration does not affect any other part of these Terms.

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. Subject to Section 19, you and WiseProd agree to the exclusive jurisdiction of the state and federal courts located in Philadelphia County, Pennsylvania for any dispute not subject to arbitration, and you waive any objection to venue in those courts.

We may modify these Terms from time to time. If we make material changes, we will provide notice through the Services or by updating the "Last Updated" date above and, where appropriate, by other reasonable means. Changes are effective when posted unless we state otherwise. Your continued use of the Services after changes take effect means you accept the updated Terms. If you do not agree, you must stop using the Services.

22.1 Entire agreement. These Terms, together with the Privacy Policy and any policies referenced here, are the entire agreement between you and WiseProd regarding the Services and supersede any prior agreements on that subject.

22.2 Severability. If any provision is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in effect.

22.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

22.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including in connection with a sale of the business or its assets.

22.5 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.

22.6 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and WiseProd. WiseProd is not the agent of any Organizer or Buyer.

22.7 Headings. Headings are for convenience only and do not affect interpretation.

Questions about these Terms? Contact us at:

WiseProd
Email: wiseprod.us@gmail.com
Web: https://wiseprod.co