Terms of Service

The Short Version

FestiFox is free for attendees. Organizers license events through The Fox Den.
Organizers are responsible for their events and for everything they publish.
Black Fox Development Corporation may suspend or cancel any event or account, especially those involving illegal or illicit content, extreme hate, or abuse of the Service.
There are no refunds in cases of abuse or fraud. In all other cases, we decide whether to issue a full refund, a partial refund, or no refund.

This summary is provided for convenience only. The full Terms below control.

Agreement to These Terms
Eligibility & Accounts
Using the FestiFox App
Event Licensing & Fees
Organizer Content & Responsibilities
Acceptable Use
Suspension & Cancellation
Refunds
Closing Your Account
Intellectual Property
Privacy
Third Parties & App Stores
Disclaimers
Limitation of Liability
Indemnification
Governing Law & Disputes
Changes to These Terms
General
Contact

1. Agreement to These Terms

These Terms of Service ("Terms") form a binding agreement between you and Black Fox Development Corporation ("Black Fox Development," "we," "our," or "us"), the developer and operator of FestiFox. They govern your use of the FestiFox mobile application, The Fox Den organizer portal, the festifox.app website, and any related services (together, the "Service").

By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company, festival, or other organization, you confirm that you have authority to bind that organization, and "you" refers to both you and that organization. If you do not agree to these Terms, do not use the Service.

Definitions

"Attendee" means anyone who uses the FestiFox app to view event information.
"Organizer" means any person or organization that holds a Fox Den account to create, configure, or manage an Event.
"Event" means a festival, concert, or other event set up on the Service, including its in-app listing and content.
"Organizer Content" means all content an Organizer, or anyone acting for them, submits to the Service, including lineups, schedules, images, notices, push notifications, sponsor materials, and custom pages.

2. Eligibility & Accounts

Attendees

The FestiFox app is free to download and does not require an account. If you are under the age of majority where you live, you may use the app only with the permission of a parent or legal guardian.

Organizers

To use The Fox Den, you must be at least 18 years old and able to enter into a binding contract. You agree to:

provide accurate, current, and complete registration and billing information, and keep it up to date;
keep your login credentials confidential and secure;
take responsibility for all activity under your account, including activity by anyone you allow to access it; and
tell us promptly about any unauthorized access to or use of your account.

3. Using the FestiFox App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the FestiFox app on devices you own or control, for your personal, non-commercial use.

Event information in the app, such as lineups, set times, maps, and notices, is provided by each Event's Organizer, not by us. Schedules and details can change, and we do not guarantee that event information is accurate, complete, or current. For anything safety-related, always follow instructions from the Organizer, venue staff, and local authorities.

FestiFox does not sell tickets and is not the organizer of any Event. Questions about tickets, admission, ticket refunds, or the Event itself should go to the Organizer.

4. Event Licensing & Fees

Organizer features are provided under an event license. The price, scope, and term of each license are set out in the quote, order form, or checkout presented to you at purchase (your "Order").

You agree to pay all fees stated in your Order when due, plus any applicable taxes.
A license covers only the Event(s), term, and features identified in your Order.
We may change our prices for new licenses or renewals at any time. Price changes do not affect licenses you have already paid for.
If fees are overdue, we may suspend access to organizer features until they are paid.
Fees for services already provided remain due if your Event or account is suspended or canceled.
Refunds are governed solely by Section 8.

5. Organizer Content & Responsibilities

Your Content, Our License

You keep ownership of your Organizer Content. You grant Black Fox Development a worldwide, non-exclusive, royalty-free license to host, store, copy, format, display, distribute, and transmit your Organizer Content as needed to operate and provide the Service, including showing it to Attendees and delivering the push notifications you publish. This license ends when your Organizer Content is deleted from the Service, except for copies kept in backups, copies we must keep by law, or copies reasonably needed to enforce these Terms.

Your Responsibilities

You are solely responsible for your Event and your Organizer Content. You represent and warrant that:

you own, or have obtained, all rights and permissions needed for your Organizer Content, including artist names and images, logos, sponsor marks, and photos;
your Organizer Content is accurate and not misleading, and you will keep it up to date;
your Organizer Content and your Event comply with all applicable laws, regulations, and permits; and
you will use push notifications and notices only for genuine, event-related communications.

You are also solely responsible for running your real-world Event, including ticketing, admission, safety, accessibility, and any refunds owed to your attendees.

Moderation

We are not required to review Organizer Content before it is published, but we may review, unpublish, or remove any content at any time, at our sole discretion.

6. Acceptable Use

You may not use the Service to create, publish, promote, or transmit any of the following, and no Event may include them:

Illegal or Illicit Content

Content that is unlawful, or that promotes, facilitates, or advertises illegal activity, including the sale or distribution of illegal drugs, weapons, or other prohibited goods; unlicensed gambling; human trafficking; or scams.
Any content that sexually exploits or endangers minors.
Content that infringes anyone's intellectual property, privacy, or publicity rights.

Hate & Extremism

Content that promotes extreme hate, violence, or discrimination against people based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, or any other protected characteristic.
Content that glorifies, supports, or recruits for terrorist, violent extremist, or hate organizations.
Threats, incitement to violence, or targeted harassment of any person or group.

Harmful or Deceptive Content

Fake, fraudulent, or deliberately misleading Events or information.
Impersonation of any person, artist, organization, or brand, or falsely implying an endorsement or affiliation.
Sexually explicit or pornographic material.
Malware, phishing, or links designed to deceive or harm users.

Abuse of the Service

You also may not:

send spam, or excessive, unsolicited, or non-event-related push notifications or notices;
access, or try to access, accounts, systems, or data you are not authorized to access, or probe, scan, or test the vulnerability of the Service;
interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure;
reverse engineer, decompile, or disassemble the Service, except where applicable law expressly allows it;
scrape, harvest, or collect data from the Service using bots or other automated means;
resell, sublicense, share, or transfer access to the Service, or exceed or get around the limits of your license;
use stolen or unauthorized payment methods, file fraudulent chargebacks, or otherwise commit payment fraud;
create a new account to get around a suspension or cancellation;
harass, threaten, or abuse our staff or other users; or
use the Service to break any applicable law.

We decide, at our sole discretion, whether any content or conduct violates this Section.

7. Suspension & Cancellation

Black Fox Development Corporation retains the right to suspend or cancel any Event or account, at any time, at our sole discretion.

We use this right mainly for Events and accounts that:

include, promote, or facilitate illegal or illicit content or activity;
promote extreme hate, violence, or extremism; or
abuse, misuse, or defraud the Service, Black Fox Development, or other users.

We may also suspend or cancel an Event or account for any other violation of these Terms, for non-payment, when required by law or by a mobile app store, or when we believe it is necessary to protect the safety or security of Attendees, the public, or the Service.

What This Means

Suspension temporarily disables an Event or account, for example by unpublishing the Event from the app or restricting access to The Fox Den, while we investigate or until an issue is resolved.
Cancellation permanently removes an Event from the Service or permanently closes an account.

We may take these actions with or without notice. Where we think it is appropriate, we may, but are not required to, give you notice and a chance to fix the problem first. Where required by law, we may also preserve relevant information and report suspected illegal activity to the appropriate authorities.

Suspending or canceling an Event on the Service does not cancel the real-world event and does not change any agreement between the Organizer and its attendees.

Black Fox Development is not liable to you or anyone else for suspending or canceling an Event or account under these Terms. Whether any fees are refunded is covered in Section 8.

8. Refunds

If we suspend or cancel an Event or account, whether to refund any fees, and how much, is at our sole discretion, as follows:

Abuse or fraud: no refund. If an Event or account is suspended or canceled because of abuse of the Service or fraud, including payment fraud, fraudulent chargebacks, fake or deceptive Events, or any conduct listed under "Abuse of the Service" in Section 6, we will not issue any refund, full or partial.

All other cases: at our discretion. In every other case, we will decide, at our sole discretion, whether to issue a full refund, a partial refund, or no refund.

When deciding, we may consider factors such as the reason for the action, how serious the violation was, how much of the license term has been used, and whether the Event has already taken place.
Refunds requested for any other reason, including if you stop using the Service or close your account, are also at our sole discretion.
Any refund we issue will go back to the original payment method unless we agree otherwise.
Our refund decisions are final, except where applicable law requires otherwise.
FestiFox does not sell tickets. Attendees must direct ticket and admission refund requests to the Organizer.
Nothing in this Section limits any refund rights you have under applicable law that cannot be waived by contract.

9. Closing Your Account

You can stop using the app at any time by uninstalling it. Organizers can close a Fox Den account by contacting us. Closing your account does not entitle you to a refund except as described in Section 8.

When an account is closed or canceled, your right to use organizer features ends, and we may delete your Organizer Content after a reasonable period, subject to our legal obligations. Any provisions of these Terms that by their nature should survive, including those covering fees owed, intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.

10. Intellectual Property

The Service, including the FestiFox and The Fox Den names and logos, the app and portal software, designs, and all related content other than Organizer Content, is owned by Black Fox Development Corporation or its licensors and is protected by intellectual property laws. Apart from the limited rights these Terms expressly grant, you receive no rights in the Service.

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

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains what data the Service collects and how we use it. Organizers must not include personal information about other people in Organizer Content unless they have a lawful basis to do so.

12. Third Parties & App Stores

Third-Party Content

The Service may include links to, or content from, third parties such as sponsors, artists, ticketing sites, and map providers. We do not control and are not responsible for third-party websites, services, or content.

Apple App Store & Google Play

If you downloaded the app from the Apple App Store or Google Play, you also agree to that store's terms. These Terms are between you and Black Fox Development only, not Apple or Google. Black Fox Development, not Apple or Google, is solely responsible for the app, its maintenance and support, and any claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you with respect to the iOS app.

13. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that event information will be accurate or current. We are not responsible for any Event, its Organizer, or anything that happens at any Event.

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

14. Limitation of Liability

To the maximum extent permitted by law, Black Fox Development Corporation and its officers, directors, employees, and agents 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 relating to the Service or these Terms, even if advised of the possibility of such damages.

Our total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

15. Indemnification

You agree to defend, indemnify, and hold harmless Black Fox Development Corporation and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your use of the Service; (b) your Event or Organizer Content, if you are an Organizer; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

16. Governing Law & Disputes

These Terms are governed by the laws of the state in which Black Fox Development Corporation is incorporated and by applicable U.S. federal law, without regard to conflict-of-law principles.

Before filing any claim, you agree to contact us and try to resolve the dispute informally for at least 30 days. Any dispute that is not resolved informally must be brought exclusively in the state or federal courts located in that state, and you consent to the personal jurisdiction of those courts.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above, and for material changes we will give reasonable notice, for example in The Fox Den or by email to Organizers. Continuing to use the Service after changes take effect means you accept the updated Terms.

We may also change, suspend, or discontinue any part of the Service at any time.

18. General

Entire agreement. These Terms, our Privacy Policy, and any Order make up the entire agreement between you and us about the Service. If an Order conflicts with these Terms, the Order controls only as to the pricing, scope, and term of that license.
Severability. If any provision is found unenforceable, the rest of these Terms remain in effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, power or network outages, and failures of third-party hosting or app store providers.
Notices. We may send you notices through the Service or to the email address associated with your account.

19. Contact

FestiFox is operated by Black Fox Development Corporation. If you have any questions about these Terms, please reach out.