Last Updated: June 25th, 2023

Please read these “Terms of Use” carefully as they set out the basis on which you are allowed to use the mobile & web app (the “App”) and the services, features, content, applications, websites, or widgets (the “Services”) offered by Portalys Inc. (“Portalys,” “we,” “us” or “our”). If you have any questions about the App or Services, please contact us at [email protected] before registering to use the App or the Services.

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APP OR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE APP OR SERVICES.

AS PROVIDED IN GREATER DETAIL IN SECTION 11 BELOW (AND WITHOUT LIMITING THE EXPRESS LANGUAGE OF THAT SECTION), YOU ACKNOWLEDGE THAT (1) DISPUTES ARISING BETWEEN YOU AND PORTALYS IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE APP OR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, AND (2) BY ACCEPTING THESE TERMS OF USE, YOU AND Portalys ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. ABOUT US

1.1 Portalys comprises one entity, Portalys Inc. (345 Harrison Avenue, 02118, Boston, MA) These Terms of Use are issued on behalf of Portalys Inc. so when we mention Portalys, we in these Terms of Use, we are referring to the relevant company in the Portalys Inc.

1.2 We are a disclosed ticketing agent selling tickets via our Services on behalf of promoters, organizers, managers, artists and venues of music, entertainment, conferences and similar events (the “Event Partners”).

2. OVERVIEW

2.1 Your access to and use of the App and Services is subject to your acceptance and compliance with these Terms of Use, our Privacy Policy and our Purchase Terms. The Privacy Policy and Purchase Terms are hereby incorporated by this reference into these Terms of Use, and if there is any conflict or inconsistency between the Privacy Policy and/or the Purchase Terms and these Terms of Use, these Terms of Use will control to the extent of such conflict or inconsistency.

2.2 You must be at least 13 years old to access and use the App and Services. By agreeing to these Terms of Use, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the App or Services; (c) you are an individual person acting in your own personal capacity and not in a business capacity; and (d) your registration and use of the App and Services is in compliance with any and all applicable laws and regulations.

2.3  We may change these Terms of Use from time to time without prior notice. Check our website at https://www.portalys.io/ for the updated version of these Terms of Use. Revised versions of the Terms of Use will be effective upon posting to the appropriate locations in the App and on the Services unless we expressly specify otherwise in writing. You will be deemed to have accepted all changes to these Terms of Use if you use any portion of the App or Services after the updated version has been posted. Except as expressly permitted in this Section, these Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. Disputes arising under these Terms of Use will be resolved in accordance with the version of these Terms of Use that was in effect at the time the dispute arose.

2.4 By using the App or Services, you agree that Portalys and those acting on its behalf may send you text (SMS) messages at the cell phone number you provide to us. Message and data rates apply.  You understand and agree that these messages may be sent using an automatic telephone dialing system, may be deemed marketing under applicable law, and that your agreement to receive text messages is not a condition of any purchase or service offered by us.  You may opt-out of receiving text messages at any time by sending an email to [email protected] indicating that you no longer wish to receive texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request.

3. GENERAL SERVICE DESCRIPTION

3.1 The Services enable you, in your individual and personal capacity, to acquire tickets for events, providing you with entry into venues and other establishments. When you purchase a ticket you obtain a right to attend the event as granted by the Event Partner, as further described in our Purchase Terms. The third party Event Partners are responsible to you for the relevant events; Portalys is  not liable for the event or any actions or inactions of the Event Partners or anything that occurs at any event as further described in Section 6 below.

3.2 The Services allow you to register an account which is specific to you. To provide you with access to the App and the Services, we must collect, process and store certain data, which we will do in accordance with our Privacy Policy.

3.3 The App will also provide you with gig, competition, product, and event recommendations based on your preferences, musical tastes, purchase history and what events people like you are going to. These recommendations will be shown to you via the Home page in the App. You can also buy tickets and products, or share event, music, or product recommendations with your friends on Facebook and other social media.

3.4 We may, from time to time, update the App and the Services to provide additional functionality or services to you, or to carry out any maintenance or upgrades to existing functionality, and we can do so without any notice or liability to you.

3.5 Tickets purchased through the App or Services are for your individual use only; you may not purchase tickets on behalf of, or in conjunction with, any commercial third party. You may not purchase tickets for events which you do not plan to attend. You may not purchase tickets solely for the purpose of transferring, re-selling, or otherwise conveying the tickets to another party through the Portalys App or Services or any other means such as through third-party ticket resellers, ticket brokers, or other ticket marketplaces. We have put together a trade secret technology to make it impossible for anyone to take such actions; transferring, re-selling.