Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and TixPulse, Inc., doing business as Tixxi ("Tixxi," "we," "us," or "our") governing your use of heytixxi.com, our applications, and related services (the "Service"). Please read them carefully. By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.

1. Acceptance of terms

By accessing or using the Service, you confirm that you can form a binding contract with Tixxi and that you accept these Terms. If you do not agree, do not use the Service.

2. The Service

Tixxi is a ticket price-monitoring and alert service. We track listed and resale ticket prices for events from third-party sources and notify you when prices meet criteria you set. Tixxi does not sell tickets, is not a ticket marketplace, and is not affiliated with or endorsed by Ticketmaster, any venue, team, artist, or ticketing marketplace. All ticket purchases occur on third-party websites subject to their own terms.

3. Eligibility & accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use.

4. Subscriptions & payments

Certain features require a paid subscription (e.g., Basic, Pro, VIP tiers). By subscribing, you authorize Tixxi and its payment processor (Stripe) to charge your payment method the applicable fees, including recurring fees, until you cancel.

• Billing cycle: subscriptions renew automatically each billing period (monthly or annual, as selected) at the then-current price, unless cancelled before renewal.
• Price changes: we may change subscription prices; we will give advance notice, and changes apply to the next billing cycle.
• Taxes: fees are exclusive of taxes, which you are responsible for where applicable.
• Failed payments: if a charge fails, we may suspend or downgrade paid features until payment is resolved.

5. Express & one-time purchases

We may offer one-time "express" alert packages or add-ons at fixed prices. These are charged at purchase, are consumed as described at the point of sale, and are not subscriptions. Unless stated otherwise, one-time purchases are non-refundable once the associated monitoring has begun.

6. Cancellation & refunds

You may cancel a subscription at any time from your account settings; cancellation takes effect at the end of the current billing period, and you retain access until then. Except where required by law, fees already paid are non-refundable, and we do not provide prorated refunds for partial periods. If you believe you were charged in error, contact us.

7. Alerts & no guarantee

Tixxi provides price information and alerts on a best-effort basis using third-party data. We do not guarantee that prices are accurate, current, or available; that any alert will be delivered, delivered on time, or delivered at all; or that tickets will be available at any price. Ticket prices and availability change rapidly and are controlled by third parties. You are responsible for verifying price and availability on the seller's site before purchasing. Alerts are informational only and are not advice to buy.

8. Third-party sites & tickets

The Service links to third-party ticketing websites. We do not control and are not responsible for those sites, their content, pricing, fees, availability, or their terms and policies. Any transaction you enter into with a third party is solely between you and that third party.

9. Affiliate disclosure

Some outbound links to ticketing marketplaces are affiliate links, meaning Tixxi may earn a commission if you make a purchase after clicking, at no additional cost to you. Affiliate relationships do not influence which prices or events we show you; our alerts are based on the criteria you set.

10. Referrals & rewards

We may offer referral or ambassador programs and promotional rewards. Program terms (including eligibility, reward amounts, caps, and payout conditions) are described at the point of participation and may be modified or discontinued. Rewards have no cash value except as expressly stated, and we may revoke rewards obtained through fraud or abuse.

11. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Scrape, harvest, or systematically extract data from the Service except as expressly permitted;
• Resell, sublicense, or commercially exploit the Service without our written permission;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems;
• Circumvent usage limits, rate limits, or access controls;
• Use automated means to create accounts or generate alerts beyond normal use;
• Misrepresent your identity or impersonate others.

12. SMS terms

If you opt in to SMS alerts, you consent to receive recurring automated text messages at the number provided. Consent is not a condition of any purchase. Message and data rates may apply; frequency varies by the alerts you set. Reply STOP to opt out and HELP for help. We may suspend SMS to numbers that generate errors or complaints. Your participation in the SMS program is governed by our separate SMS Terms, which are incorporated into these Terms by reference. See also our Privacy Policy.

13. Intellectual property

The Service, including its software, design, text, graphics, and trademarks, is owned by Tixxi or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use. You retain ownership of content you submit, and you grant us a license to use it as needed to operate and improve the Service.

14. 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, secure, or that price data or alerts will be accurate, timely, or complete.

15. Limitation of liability

To the maximum extent permitted by law, Tixxi and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or lost opportunities, arising out of or relating to your use of the service, even if advised of the possibility. In no event will our total aggregate liability for all claims relating to the service exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

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

16. Indemnification

You agree to indemnify and hold harmless Tixxi and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

17. Disputes & arbitration

Except where prohibited by law, you and Tixxi agree to resolve disputes through binding individual arbitration rather than in court, and waive the right to participate in a class action, class arbitration, or representative proceeding.

• Arbitration provider & rules: arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by these Terms.
• Opt-out right: you may opt out of this arbitration agreement by notifying us in writing within 30 days of first accepting these Terms, at the contact address in Section 21.
• Small-claims carve-out: either party may bring an individual claim in small-claims court if it qualifies.
• Injunctive-relief carve-out: claims seeking injunctive or equitable relief may be brought in court to the extent permitted by law.
• Venue: any permitted court action will be brought in a state or federal court located in Delaware, and you consent to that jurisdiction.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

18. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or other users. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

19. Changes to these Terms

We may modify these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, where required, provide additional notice. Changes are effective when posted (or on a later stated date). Your continued use after changes take effect constitutes acceptance.

20. General

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and Tixxi regarding the Service.
• Severability: if any provision is unenforceable, the rest remains in effect.
• No waiver: our failure to enforce a provision is not a waiver.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a business transfer.

21. Contact

TixPulse, Inc.
Email: hello@heytixxi.com