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 an SMS-based RSVP and notification service that allows event promoters ("Promoters") to create event drop pages, collect RSVPs via phone number, and send transactional notification messages to fans ("Fans") who opt in. The Service relies on third-party infrastructure providers, including but not limited to Twilio, Inc. for SMS delivery. 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. SMS Messaging Program
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 transactional notification 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 on-sale alerts, event reminders, drop-day notifications, ticket links, and similar event-specific notifications associated with the Promoter you opted in to. By opting in, you consent to receive these transactional notification 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.
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. 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 SMS 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 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.
7. 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;
- 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).
8. Payment Terms
Access to Promoter features is available on a subscription basis. Subscriptions are billed on a recurring basis (monthly or annually, as selected at signup) and renew automatically unless cancelled. Additional fees apply for SMS messages sent through the Service at the per-message rate specified at the time of account setup. A performance fee of 1.5% applies to ticket revenue directly attributed to PLAY campaigns, as determined by PLAY's attribution methodology.
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 15. Reactivation of a suspended account may require payment of all outstanding balances.
9. 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.
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.
10. 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 content you upload but grant PLAY a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content solely in connection with operating and improving the Service.
11. 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 delivery is subject to carrier policies and infrastructure availability outside of PLAY's control.
12. 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).
13. 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.
14. 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), 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.
15. 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 6, 8, 10, 12, 13, and 18 shall survive termination of these Terms.
16. 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.
17. 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.
18. 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 13, you consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.
19. Contact
If you have questions about these Terms, please contact us.