Terms of Service

1. Acceptance of Terms

By accessing or using the NOCTURN platform ("Service"), operated by Nocturn Events LLC ("we," "us," or "NOCTURN"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

2. Description of Service

NOCTURN is an event ticketing and management platform designed for the nightlife and live events industry. The Service provides tools for event creation, ticket sales, customer relationship management (CRM), artist booking and management, contract generation, financial tracking, marketing campaigns, and audience messaging. NOCTURN serves promoters, agencies, festivals, venues, and their teams.

3. Account Registration

To use certain features of the Service, you must create an account. By registering, you represent and warrant that:

• You are at least 18 years of age.
• All information you provide during registration is accurate, current, and complete.
• You will maintain the accuracy of your information and promptly update it as needed.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately of any unauthorized use of your account. We are not liable for losses arising from unauthorized access to your account.

4. Fees and Payments

NOCTURN offers the following plans:

• Free ($0/month): Up to 3 events per 30 days, 1 team member. Platform service fee of 5% + $2.00 per transaction, passed to the buyer at checkout.
• Unlimited ($100/month): Unlimited events and team members, community, marketing, contracts, artist management, POS, table management, inventory, staff scheduling, floor plans. Same 5% + $2.00 service fee.
• Enterprise (Custom): Everything in Unlimited plus white-label, multi-org, API access, and a negotiable custom fee arrangement.

Payment processing. Payments are processed by Square, Inc. on behalf of the event organizer through Square's Apps-for-Square integration. The organizer's Square merchant account is the merchant of record for each ticket sale. Square deducts its standard processing fees from the organizer's share. NOCTURN collects its service fee via the app_fee_money field on each Square payment, which Square routes directly to NOCTURN's account. NOCTURN absorbs Square's processing cost out of its own service fee so that organizers keep 100% of the ticket face value.

Subscriptions. Subscription fees are billed monthly in advance and are non-refundable. You may cancel your subscription at any time and it will remain active through the end of the current billing period.

Refund policy. NOCTURN service fees are non-refundable in all circumstances, including but not limited to buyer-initiated refunds, event cancellations, postponements, rescheduling, and organizer error. When a refund is issued, the buyer receives the ticket face value only; the service fee originally charged is retained by NOCTURN. The event organizer is solely responsible for funding any refund and bears all costs associated with cancellation, including the loss of the face value paid out to them. NOCTURN does not return its service fee to either the buyer or the organizer. In the event a buyer initiates a payment dispute that is resolved against the seller by the payment processor, fees may be reversed by the processor and are outside NOCTURN's control.

5. Organizer Responsibilities

If you use NOCTURN to create and sell tickets for events, you agree to:

• Provide accurate and complete event information, including date, time, location, pricing, and age restrictions.
• Honor all tickets sold through the platform and admit valid ticket holders to your events.
• Establish and clearly communicate your refund policy to buyers before purchase.
• Comply with all applicable local, state, and federal laws, including venue capacity regulations, licensing requirements, and age verification obligations.
• Maintain adequate insurance for your events where required by law or venue policy.
• Not use the Service for any unlawful, fraudulent, or deceptive purpose.

6. Buyer Terms

If you purchase tickets through NOCTURN:

• Tickets are non-transferable unless the event organizer has explicitly enabled ticket transfers for that event.
• Refund eligibility is determined by the organizer's refund policy as displayed at the time of purchase. NOCTURN does not independently guarantee refunds.
• You agree not to initiate chargebacks or payment disputes for completed ticket purchases without first attempting to resolve the issue with the event organizer and/or NOCTURN support.
• Fraudulent chargeback attempts may result in permanent suspension from the platform.
• You acknowledge that NOCTURN is a ticketing platform and is not the organizer or host of any event. Responsibility for event execution rests solely with the organizer.

7. Data Ownership, Consent & Communications

Data Ownership.

All data generated through the NOCTURN platform — including but not limited to buyer information, purchase history, contact details, behavioral data, and event attendance records — is owned by Nocturn Events LLC. By using the Service (whether as an organizer or buyer), you acknowledge and agree that NOCTURN retains full ownership of this data and may use it for platform operations, analytics, product improvement, audience intelligence, marketing, and cross-promotion across the NOCTURN network.

Organizers receive a limited, non-exclusive, non-transferable license to access data related to their own events for the purpose of event management and direct communication with their attendees, subject to applicable laws and the consent preferences of each individual.

Email Communications.

By purchasing a ticket or creating an account, you consent to receive transactional emails from NOCTURN, including order confirmations, event reminders, and account notifications. You also consent to receive marketing emails from NOCTURN about events, promotions, and platform updates. You may unsubscribe from marketing emails at any time via the unsubscribe link included in each email. Transactional emails related to your purchases are not subject to unsubscribe requests.

SMS & WhatsApp Communications.

NOCTURN and its organizers will only send you SMS or WhatsApp marketing messages if you have provided separate, explicit opt-in consent. This consent is voluntary and is not a condition of any purchase. You may revoke SMS consent at any time by replying STOP to any message. Message and data rates may apply. Message frequency varies.

This data ownership provision survives termination of your account. Even after account deletion, NOCTURN retains the right to use anonymized and aggregated data derived from your use of the platform.

8. Intellectual Property

The NOCTURN platform, including its design, code, features, branding, and documentation, is the intellectual property of Nocturn Events LLC. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.

Content uploaded by organizers (including event descriptions, images, and branding) remains the property of the respective organizer. By uploading content to NOCTURN, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and promote that content in connection with the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOCTURN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NOCTURN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NOCTURN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nocturn Events LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party, including intellectual property rights; or (d) any event you organize through the platform.

11. Termination

Either party may terminate this agreement at any time. You may close your account by contacting support or through your account settings. We may suspend or terminate your account if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to the platform or other users.

Upon termination, your right to use the Service ceases immediately. You will have 30 days from the date of termination to export your data (events, contacts, financial records) through our data export tools. After this 30-day period, your data may be permanently deleted.

Sections relating to intellectual property, limitation of liability, indemnification, and governing law shall survive termination.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of laws provisions. Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey.

13. Contact

If you have questions about these Terms of Service, please contact us at: