Terms of Service

These Terms of Service govern your access to and use of the SurgeTix platform, a ticketing infrastructure service operated by SurgeTix AG, a company registered in Zurich, Switzerland. By accessing or using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not agree to these terms, you may not access or use our services.

2. Platform Usage & Ticketing

SurgeTix provides ticketing infrastructure, including seat mapping, ticket sales, payment processing integration, and attendee management tools. The platform is designed for use by Festival Organisers to sell and manage tickets for their events.

The Festival Organiser is solely responsible for the execution of their events, including but not limited to: event cancellation or postponement, refund policies and their execution, disputes with ticket holders, compliance with local event regulations, and accuracy of event information. SurgeTix acts solely as a technology provider and assumes no liability for the conduct of events or disputes arising therefrom.

3. Payment Processing

All payment transactions are processed through Stripe, a third-party payment processor. By using our platform, you agree to Stripe's terms of service and acknowledge that SurgeTix is not liable for any issues arising from Stripe's services, including but not limited to: payment processing failures or delays, withholding of funds by Stripe, chargebacks and dispute resolution, or Stripe service outages.

Platform fees charged by SurgeTix are non-refundable once a transaction has been processed. Payment processing fees charged by Stripe are subject to Stripe's refund policies.

4. Service Level & Uptime

SurgeTix is engineered for high availability and is designed to handle significant concurrent user loads. However, no software platform is entirely free from errors or downtime. We do not guarantee uninterrupted service and shall not be liable for any losses arising from service interruptions, whether planned (maintenance) or unplanned. We will make reasonable efforts to notify users of planned maintenance windows in advance.

5. Intellectual Property

The SurgeTix platform, including all software, designs, documentation, and related materials, is the exclusive property of SurgeTix AG. You are granted a limited, non-exclusive, non-transferable licence to use the platform for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of our services without prior written consent.

6. Limitation of Liability

To the maximum extent permitted by applicable law, SurgeTix AG and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the platform. Our total liability shall not exceed the fees paid by you to SurgeTix in the twelve months preceding the claim.

7. Termination

Either party may terminate this agreement at any time with thirty days written notice. SurgeTix reserves the right to suspend or terminate your access immediately if you breach these terms, engage in fraudulent activity, or use the platform in a manner that could harm SurgeTix or other users. Upon termination, you may export your data in accordance with our data export procedures.

8. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from or relating to these terms or your use of the platform shall be subject to the exclusive jurisdiction of the courts of the Canton of Zurich, Switzerland.

9. Changes to These Terms

We reserve the right to modify these terms at any time. Material changes will be communicated via email to your registered address at least thirty days before they take effect. Your continued use of the platform after such changes constitutes acceptance of the modified terms.