Welcome to Otaly. These Terms of Service (the “Terms”) form a binding agreement between you and Otaly, Inc. (“Otaly,” “we,” “us,” or “our”) and govern your access to and use of our website, mobile applications, APIs, and the event platform we provide (collectively, the “Services”).
By creating an Otaly account, registering for an event hosted on Otaly, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Your account
You must be at least 16 years old to create an Otaly account. You agree to provide accurate, current, and complete information when registering, and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and references to “you” will mean both you and the organization.
2. The Services
Otaly provides software that helps Hosts publish event pages, manage registrations and ticket sales, communicate with attendees (including via AI-assisted chat and voice agents), and analyze event performance. The Services may include free and paid features, and we may add, change, or remove features over time.
Some features depend on third-party providers (for example, payment processors, email and SMS gateways, calendar providers, and AI model providers). We do not control these providers, and your use of those features is subject to the providers’ own terms.
3. Host responsibilities
If you use Otaly to host events, you are the controller of any personal information you collect from Attendees and you agree to:
- Comply with all laws applicable to the events you host, including consumer protection, accessibility, tax, anti-discrimination, and data protection laws.
- Provide accurate, non-misleading information about your events, ticket terms, refund policies, and your identity.
- Maintain a privacy notice that complies with applicable law and that informs Attendees how their data will be used.
- Honor commitments made to Attendees, including delivering the event as described and providing timely refunds where required.
- Use Attendee data only for purposes disclosed at registration and consistent with applicable law and our Acceptable Use Policy.
You are solely responsible for the events you host and for any disputes between you and your Attendees. Otaly is not a party to any contract for the sale of tickets or attendance at an event.
4. Attendee terms
When you register for an event hosted on Otaly, your registration is a contract between you and the Host, not Otaly. Refund, cancellation, transfer, and event-change policies are set by the Host. We provide tools to help Hosts process refunds, but Otaly is not responsible for issuing them.
You agree to behave respectfully and lawfully at events you attend, follow the Host’s code of conduct (where applicable), and comply with venue rules.
5. Fees, taxes, and payments
Free events on Otaly are free to host. For paid events, Otaly charges a per-ticket platform fee, in addition to standard payment processing fees charged by the payment processor. Current pricing is shown on our Pricing page and inside the product before you publish a paid event.
You are responsible for determining, collecting, reporting, and remitting all applicable taxes for your events. Otaly may collect and remit indirect taxes (such as VAT or sales tax) on its own platform fees where required by law.
Payouts to Hosts are processed by our payment processors (for example, Stripe). Their terms apply to all payouts and chargebacks. We may withhold payouts or place reserves where reasonably necessary to address risk of fraud, chargebacks, or violations of these Terms.
6. Payments and in-app purchases
Otaly is a ticketing platform for real-world events (in-person events and live, scheduled online events that take place at a specific time). Tickets sold through Otaly are for goods and services consumed outside of our mobile applications and are not digital content delivered through the app.
For this reason, ticket purchases and Host platform fees are processed exclusively through our third-party payment processors (for example, Stripe) and are not processed through Apple In-App Purchase or Google Play Billing. This is consistent with Apple’s App Review Guidelines (including section 3.1.3(e) for goods and services consumed outside the app and section 3.1.5(a) for person-to-person services) and Google Play’s Payments Policy exception for physical goods and real-world services. As a result, no commission is paid to Apple or Google on ticket sales or platform fees.
Otaly does not currently offer subscriptions, in-app credits, virtual currency, or other digital content for sale within its mobile applications. If we introduce any such digital products in the future, those purchases will be made through the applicable platform’s in-app purchase system as required by the platform’s rules, and these Terms will be updated accordingly.
7. Refunds and cancellations
Refund, cancellation, transfer, and event-change policies for tickets are set and managed by the Host of each event. Each event page displays the Host’s refund policy before purchase. Because your ticket purchase is a contract between you and the Host (not Otaly), refund requests should be sent to the Host first using the contact information shown on the event page or in your registration confirmation.
If a Host cancels an event, materially changes its date, time, or location, or fails to deliver the event as described, the Host is responsible for issuing refunds to Attendees. Otaly provides tools to process refunds through the original payment method and may, at its discretion, facilitate refunds where a Host is unavailable, but Otaly is not the merchant of record for ticket sales and is not obligated to refund ticket prices on behalf of a Host.
Otaly’s own platform fees are non-refundable except where required by law or where Otaly cancels the Services. Payment processor fees are governed by the processor’s terms and may be non-refundable on refunded transactions.
Consumer rights. Nothing in this section limits any non-waivable statutory rights you have as a consumer, including: (a) for residents of the European Union, United Kingdom, and EEA, rights under applicable consumer-protection law (note that the EU/UK right of withdrawal generally does not apply to tickets for leisure events tied to a specific date, but other consumer rights, such as those for cancelled events, continue to apply); and (b) for residents of California and other U.S. states, any rights under applicable state consumer-protection statutes. Where mandatory local law gives you greater rights than this section, those rights prevail.
For questions about a refund for a specific event, contact the Host first. If you cannot reach the Host or believe a Host has violated these Terms, contact us at contact form and we will review the matter.
8. User content and license
“User Content” means any content you submit to the Services, including event titles, descriptions, photos, videos, and messages. You retain all rights you have in your User Content. You grant Otaly a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (e.g., resize images), publicly display, and distribute your User Content solely as necessary to provide and improve the Services and to perform the actions you direct (such as publishing your event page).
You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate the rights of any third party or applicable law.
9. AI features and output
Otaly provides AI-assisted features (for example, description generation, cover-art suggestions, chatbots, and voice agents). You acknowledge that AI output may be inaccurate, biased, or otherwise inappropriate, and that you are responsible for reviewing and editing AI output before using it. To the extent permitted by law and the underlying model provider, Otaly assigns to you any rights it has in AI output generated specifically for your account, but Otaly cannot guarantee that AI output is unique or free of third-party rights.
You agree not to use AI features to produce content that violates these Terms, our Acceptable Use Policy, or applicable law (including content that is harassing, defamatory, deceptive, or that infringes intellectual property).
10. Acceptable use
You agree to use the Services in compliance with our Acceptable Use Policy. Without limitation, you must not:
- Host events that promote illegal activity, fraud, hate, or violence.
- Misrepresent your identity, affiliation, or the nature of your event.
- Upload malware or attempt to interfere with the security or integrity of the Services.
- Scrape or otherwise extract data from the Services other than as expressly permitted by Otaly.
- Use the Services to send unsolicited bulk communications (spam) to attendees or others.
11. Intellectual property
The Services, including all software, design, text, graphics, and trademarks, are owned by Otaly or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. No other rights are granted by implication or otherwise.
If you believe content on the Services infringes your copyright, please send a notice to contact form that complies with the U.S. Digital Millennium Copyright Act (DMCA) or your local equivalent.
12. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or our Acceptable Use Policy, if required by law, or to protect the security or integrity of the Services, our users, or third parties.
Sections that by their nature should survive termination (including ownership, indemnity, disclaimers, limitations of liability, and dispute resolution) will survive.
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. OTALY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR PURPOSES.
OTALY IS NOT THE ORGANIZER OF EVENTS HOSTED ON OUR PLATFORM AND IS NOT RESPONSIBLE FOR THE CONDUCT OF HOSTS, ATTENDEES, OR THIRD PARTIES, OR FOR ANY EVENT NOT BEING DELIVERED AS PROMISED.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTALY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF OTALY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OTALY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID OTALY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Indemnification
You agree to defend, indemnify, and hold harmless Otaly and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content; (c) your events; or (d) your violation of these Terms or any applicable law.
16. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts. Where you are a consumer in the EEA, UK, or Switzerland, mandatory provisions of your local law apply.
17. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-product notification). Continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes. If you do not agree, stop using the Services.
18. General
These Terms, together with the Privacy Policy and any other documents incorporated by reference, are the entire agreement between you and Otaly regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
19. Contact us
Questions about these Terms? Contact us at contact form.