PLAY

Terms of Service

Last updated: September 8, 2026

1. Acceptance of Terms

By accessing or using the Service operated by PLAY ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms constitute a binding legal agreement between you and PLAY.

2. Description of Service

PLAY operates a marketing and fan-data platform for live events that allows event promoters ("Promoters") to reach and grow their audience ("Fans"). The Service includes the following features: - Drop Pages & RSVP. Event drop pages that collect RSVPs via phone number and register Fan opt-ins for messaging. - Messaging. Tools to send marketing and promotional messages to opted-in Fans via SMS, WhatsApp, Instagram, and Facebook Messenger (see Section 5). - Link Page. A customizable link-in-bio page that consolidates a Promoter's event links, drops, and profiles into a single hosted page. - UGC Collector. A tool that automatically detects and saves user-generated content (such as photos, videos, and stories) in which the Promoter is tagged or mentioned on connected social media accounts, so that the Promoter can build a library of fan-created content. - Media Library & Video Indexing. A hosted library for images and video that the Promoter uploads or collects through the Service. Uploaded and collected media may be processed, analyzed, and indexed using artificial intelligence, including third-party video-understanding providers, in order to make the library searchable by content, scene, people, and moments. - Ad Generator. A tool that uses the Promoter's uploaded and collected clips to generate draft advertising creative for the Promoter's events. - Paid Media Agent. An AI-powered agent that creates, manages, and optimizes advertising campaigns in the Promoter's own connected advertising accounts (including Meta), subject to the budgets, approvals, and settings the Promoter establishes. Campaign performance reporting is provided within the Service. Use of advertising and messaging features that connect to Meta (Facebook, Instagram, WhatsApp) is subject to the applicable Meta terms and policies in addition to these Terms, and Promoters are responsible for the advertising content and budgets they approve. The Service relies on third-party infrastructure providers, including but not limited to Twilio, Inc. for SMS delivery, Meta Platforms, Inc. for advertising and messaging features, and Twelve Labs, Inc. for video understanding and indexing. Downtime, policy changes, or service interruptions by such third parties may affect the availability of the Service, and PLAY shall not be liable for such disruptions.

3. Eligibility

You must be at least 18 years old to use this Service as a Promoter. Fans must be at least 13 years old to submit their phone number through a drop page on the Service. By using the Service, you represent and warrant that you meet these age requirements. PLAY relies on user representations for age verification and is not liable for misrepresentations made by users regarding their age.

4. Account Registration

Promoters must create an account to use the Service. You agree to provide accurate, current, and complete information during registration, including a valid Employer Identification Number (EIN) or equivalent tax identification number where required. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Messaging Programs

Program / Brand. PLAY ("we," "us," or "our") operates the play.rsvp SMS messaging service (the "SMS Program"). Each Promoter (e.g., a venue, artist, label, or event organizer) operates a sub-program under their own brand using the Service. The brand name of the Promoter you have opted in to will be identified in the messages you receive and in the response to the HELP keyword. Program Description. The SMS Program is used to send marketing and promotional messages to Fans who have opted in by submitting their phone number through a drop page on the Service. Messages may include RSVP confirmations, ticket presale and on-sale alerts, event reminders, drop-day notifications, ticket links, lineup and new-event announcements, and similar promotional messages about the events of the Promoter you opted in to. By opting in, you consent to receive these marketing and promotional messages at the number provided. Message Frequency. Message frequency varies and depends on the Promoter and the events you opt into. You may receive multiple messages per event. Message and Data Rates. Message and data rates may apply. Charges are determined by your wireless carrier and your mobile plan; PLAY does not control those charges. Opt-Out. You can opt out of the SMS Program at any time by replying STOP, STOPALL, UNSUBSCRIBE, OPTOUT, CANCEL, END, REVOKE, or QUIT to any message you receive from us. After you opt out, we will send a single confirmation message acknowledging your opt-out and we will not send you further messages from that Promoter unless you opt back in. Help. Reply HELP to any message to receive a response that identifies the Promoter and provides a support contact. Customer Support. For questions or assistance with the SMS Program generally, contact PLAY. For questions specific to a Promoter's messaging program, you may contact the Promoter using the contact information identified in the HELP response. Carrier Disclaimer. Carriers are not liable for any delayed or undelivered messages. Delivery is subject to your carrier's network and policies, which are outside of PLAY's control. Other Messaging Channels. In addition to SMS, Promoters may send messages to opted-in Fans through WhatsApp, Instagram, and Facebook Messenger where those channels are connected. Messaging through these channels is subject to the applicable Meta and WhatsApp Business terms and policies, and Fans may manage or withdraw their consent through the controls provided by those platforms as well as through PLAY. Privacy. Your phone number and opt-in consent are processed in accordance with our Privacy Policy. Mobile phone numbers and SMS opt-in consent data will not be shared with or sold to third parties or affiliates for their own marketing or promotional purposes, and will not be transferred or sold to lead-generation, data-broker, or other third-party services. Eligibility. Consent to receive SMS messages is not a condition of any purchase. You must be at least 13 years old to opt in. Compliance. Messages will not contain SHAFT-category content (sexual content, hate speech, alcohol promotion to minors, firearms, tobacco/vape, cannabis/CBD). PLAY enforces a sending window of 9:00 AM to 8:00 PM in the recipient's local timezone; messages outside this window are queued or suppressed. Promoters using the Service agree to comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the CTIA Messaging Principles and Best Practices, the Twilio Messaging Policy, applicable A2P 10DLC rules, and all other applicable federal, state, and local laws. PLAY records and retains proof of opt-in for each Fan (timestamp, IP address, and the drop page URL where consent was obtained); Promoters may request access to their consent records by contacting support.

6. Content, Media Library & AI Tools

Promoter Content. "Promoter Content" means all images, video, audio, text, and other materials that a Promoter uploads to the Service or collects through the UGC Collector. UGC Collector. Content collected through the UGC Collector is created by Fans and other third parties and remains the property of its original creator. The UGC Collector is a tool only. The Promoter is solely responsible for (a) obtaining any rights, licenses, consents, and permissions necessary to save, store, index, display, or reuse collected content, including use in advertising; (b) complying with the terms and policies of the platform from which content is collected (including Instagram and Facebook); and (c) honoring any request by a content creator to stop using their content. Media Library & Video Indexing. By uploading or collecting Promoter Content, the Promoter authorizes PLAY to host, store, reproduce, process, analyze, and index that content, including through third-party AI and video-understanding providers (such as Twelve Labs), solely for the purpose of operating and providing the Service to the Promoter. Indexing outputs (such as tags, embeddings, and scene metadata) are generated to make the Promoter's library searchable and to power the Ad Generator. Ad Generator. The Ad Generator produces draft advertising creative from Promoter Content. All generated creative is provided as a draft for the Promoter's review. The Promoter is solely responsible for reviewing, editing, and approving generated creative before publication, and for ensuring that published advertising is accurate, non-misleading, complies with applicable law and advertising platform policies, and does not infringe the rights of any third party (including copyright, trademark, and rights of publicity of persons appearing in the content). Paid Media Agent. The Paid Media Agent creates and manages campaigns in the Promoter's own connected advertising accounts, subject to the budgets, spending limits, approvals, and settings the Promoter establishes in the Service. The Promoter remains responsible for all campaigns, budgets, targeting, and creative that the Promoter approves or permits to run. PLAY does not guarantee campaign delivery, performance, cost, or return on ad spend. AI Outputs Generally. Features of the Service use artificial intelligence and may produce outputs that are inaccurate, incomplete, or unexpected. The Promoter is responsible for reviewing AI-generated outputs before relying on or publishing them.

7. Promoter Indemnification

Promoters agree to defend, indemnify, and hold harmless PLAY and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: - Any messaging campaign conducted by the Promoter through the Service, including any claims arising under the TCPA or similar laws; - Any content sent by the Promoter via the Service, including claims of harassment, defamation, or violation of third-party rights; - Any Promoter Content uploaded to or collected through the Service, including claims of copyright or trademark infringement or violation of rights of publicity or privacy of persons appearing in such content; - Any advertising campaign created, managed, or published through the Service, including generated creative the Promoter approves or permits to run; - Any breach by the Promoter of these Terms; - Any violation by the Promoter of applicable laws or regulations. This indemnification obligation survives termination of your account and these Terms.

8. Acceptable Use

You agree not to: - Use the Service for any illegal purpose or in violation of any applicable law or regulation; - Send unsolicited or spam messages; - Harvest or collect personal information without valid consent; - Upload or collect content that you do not have the rights, licenses, consents, or permissions to use; - Use the Ad Generator or Paid Media Agent to create or run advertising that is false, deceptive, or misleading; - Impersonate any person or entity; - Interfere with or disrupt the Service or its underlying infrastructure; - Attempt to gain unauthorized access to any part of the Service; - Send messages that are threatening, harassing, defamatory, obscene, or otherwise objectionable; - Send content falling within SHAFT categories (see Section 5).

9. Payment Terms

Access to Promoter features is provided on a paid basis. The following fees apply. Current rates are also specified at account setup and within the Service. (a) Platform Subscription. A platform subscription of $50 per month (or the equivalent annual rate, as selected at signup), billed in advance on a recurring basis. The subscription includes access to drop pages, the Link Page, the UGC Collector, the Media Library (subject to plan storage limits), and the Ad Generator. Subscriptions renew automatically unless cancelled before the start of the next billing period. (b) Messaging Fees. Messages sent through the Service (SMS, WhatsApp, Instagram, and Facebook Messenger) are billed at $0.02 per message, plus any applicable carrier fees, surcharges, registration fees, or channel fees imposed by carriers or third-party providers, which are passed through to the Promoter. (c) Media Management Fee. Where the Promoter uses the Paid Media Agent, a media management fee of up to ten percent (10%) of the advertising spend managed through the Service applies, at the rate specified at account setup. Advertising spend itself is billed directly by the advertising platform (e.g., Meta) to the Promoter's own payment method and is separate from, and in addition to, PLAY's fees. (d) Storage. Media Library storage is currently included up to the limits specified in the Promoter's plan. PLAY may introduce storage-based fees in the future upon at least thirty (30) days' advance notice. PLAY may modify its fees on a prospective basis in accordance with Section 18 (Changes to Terms). All fees are non-refundable except as required by law or as expressly stated in writing by PLAY. In the event of a failed payment, PLAY will notify you and may suspend access to the Service following a grace period of seven (7) days. If payment is not received within the grace period, PLAY may terminate your account pursuant to Section 16. Reactivation of a suspended account may require payment of all outstanding balances.

10. Data, Privacy & Retention

Your use of the Service is governed by our Privacy Policy, incorporated herein by reference. Please review it to understand how we collect, use, and protect your information. Fan phone numbers and associated consent data collected through a Promoter's drop page are retained for a period of twenty-four (24) months following the date of opt-in, or for the duration of the Promoter's active account, whichever is longer. Upon account termination, Fan data associated with that Promoter's account will be deleted within ninety (90) days, unless retention is required by applicable law. Upon account termination, Promoter Content stored in the Media Library, together with associated indexing outputs, will be deleted within ninety (90) days, unless retention is required by applicable law. Promoters are responsible for exporting any content they wish to keep before termination. If you are a Fan located in California, you may have rights under the California Consumer Privacy Act (CCPA), including the right to request deletion of your personal information. To submit a deletion request, contact us. PLAY will process such requests in accordance with applicable law.

11. Intellectual Property

All content, features, and functionality of the Service are owned by PLAY and are protected by copyright, trademark, and other intellectual property laws. You retain ownership of Promoter Content you upload (and content collected through the UGC Collector remains the property of its original creator). You grant PLAY a non-exclusive, royalty-free, worldwide license to host, store, reproduce, process, analyze, index (including through third-party providers), display, modify, and create derivative works from Promoter Content solely in connection with operating, providing, and improving the Service for you, including generating advertising creative at your direction. As between PLAY and the Promoter, advertising creative generated by the Ad Generator from Promoter Content is owned by the Promoter, subject to the Promoter's underlying rights in the source content and to any third-party rights in that content.

12. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, secure, or error-free. We are not responsible for the content of messages sent by Promoters. SMS and other message delivery is subject to carrier and platform policies and infrastructure availability outside of PLAY's control. AI-powered features, including video indexing, the Ad Generator, and the Paid Media Agent, may produce outputs that are inaccurate, incomplete, or unsuitable for the Promoter's purposes. PLAY makes no warranty regarding, and expressly disclaims liability for, the accuracy of AI-generated outputs and the performance, cost, delivery, or results of any advertising campaign, including any return on ad spend.

13. Limitation of Liability

To the maximum extent permitted by law, PLAY shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, including but not limited to loss of profits, data, or goodwill, even if PLAY has been advised of the possibility of such damages. PLAY's total aggregate liability to you for any claim arising under these Terms shall not exceed the greater of (a) the total fees paid by you to PLAY in the three (3) months preceding the claim, or (b) one hundred dollars ($100).

14. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction for claims involving intellectual property or unauthorized use of the Service. YOU AND PLAY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Arbitration shall be conducted in Broward County, Florida, unless otherwise agreed by the parties.

15. Force Majeure

PLAY shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, carrier outages, third-party platform failures (including Twilio, Meta, and Twelve Labs), internet disruptions, or other events outside PLAY's reasonable control. In such events, PLAY's obligations will be suspended for the duration of the force majeure event.

16. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections 7, 9, 11, 13, 14, and 19 shall survive termination of these Terms.

17. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without PLAY's prior written consent. PLAY may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of PLAY's assets. These Terms will be binding upon and inure to the benefit of the parties' permitted successors and assigns.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Service and, where practicable, by sending notice to the email address associated with your account. Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 14, you consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.

20. Contact

If you have questions about these Terms, please contact us at support@play.rsvp.

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