Terms of Service
1. Agreement to Terms
By accessing or using FestWorks ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
The Service is operated by Programmatic Works, Inc. ("Company", "we", "us", or "our"), a corporation organized under the laws of the State of Illinois. These Terms constitute a legally binding agreement between you and Programmatic Works, Inc.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date at the top of this page and, where appropriate, by sending an email to the address associated with your account. Your continued use of the Service after any changes constitutes acceptance of the new Terms.
3. Eligibility
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
4. Accounts
4.1 Registration
To access certain features of the Service you must create an account. You may register using a supported third-party authentication provider (such as Google or Apple). By using a third-party provider, you authorize us to collect and use information from that provider as described in our Privacy Policy.
4.2 Account responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at privacy@festworks.app if you suspect unauthorized access to your account.
4.3 Accurate information
You agree to provide accurate, current, and complete information during registration and to keep that information up to date.
4.4 One account per person
Each person may maintain only one account. Accounts are non-transferable.
5. Use of the Service
5.1 Permitted use
You may use the Service for its intended purpose — planning and coordinating events, trips, and gatherings — for personal or professional use in accordance with these Terms.
5.2 Prohibited conduct
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Upload, post, or transmit any content that is defamatory, obscene, fraudulent, or otherwise objectionable
- Attempt to gain unauthorized access to any part of the Service or its related systems
- Use automated means (bots, scrapers, crawlers) to access the Service without our express written permission
- Interfere with or disrupt the integrity or performance of the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Resell, sublicense, or commercially exploit the Service without our express written permission
- Use the Service to send unsolicited communications (spam) to other users or third parties
- Upload or transmit viruses or any other malicious code
- Harvest or collect personal information about other users without their consent
5.3 AI interface use
The Service may be accessible via AI assistants and agents through the Model Context Protocol (MCP) or similar interfaces. Use of the Service through such interfaces is subject to these same Terms. You are responsible for any actions taken through AI interfaces connected to your account.
6. User Content
6.1 Your content
You retain ownership of content you submit to the Service ("User Content"), including event details, itineraries, expense records, and other information you enter. By submitting User Content, you grant Programmatic Works, Inc. a worldwide, non-exclusive, royalty-free license to use, store, display, and process that content solely for the purpose of providing and improving the Service.
6.2 Content standards
You are solely responsible for your User Content. You represent and warrant that your User Content does not violate any third-party rights, including intellectual property rights and privacy rights, and does not violate any applicable law.
6.3 Content removal
We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise objectionable.
7. Vendor Information
7.1 User-contributed vendors
The Service allows users to submit vendor information including businesses, service providers, and venues. By submitting vendor information, you represent that you have a reasonable basis for the information you provide and that it is accurate to the best of your knowledge.
7.2 No endorsement
The presence of a vendor in the Service does not constitute an endorsement by Programmatic Works, Inc. We do not verify the accuracy of user-contributed vendor information and are not responsible for any transactions between users and vendors.
7.3 Affiliate relationships
Some vendors in the Service may have affiliate relationships with Programmatic Works, Inc. We may receive compensation when you click on or book through affiliated vendor links. Affiliated vendors may be identified as such in the Service interface.
7.4 Reviews
User-submitted vendor reviews reflect the opinions of individual users and not the views of Programmatic Works, Inc. We reserve the right to moderate, edit, or remove reviews that violate these Terms or our review guidelines.
8. Payments and Expenses
8.1 Expense tracking
The Service provides tools for tracking shared expenses and calculating settlements between event participants. These tools are provided for informational and organizational purposes only.
8.2 No payment processing
Programmatic Works, Inc. does not process, hold, or transfer funds between users. Settlement of expenses is the sole responsibility of the parties involved. We are not responsible for any disputes arising from expense calculations or settlements.
8.3 Accuracy
While we design the Service to perform calculations accurately, you are responsible for verifying the accuracy of any expense calculations before acting on them.
9. Third-Party Services
The Service integrates with third-party services including authentication providers, mapping services, weather data providers, and others. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.
10. Intellectual Property
10.1 Our property
The Service, including its design, code, trademarks, logos, and content created by Programmatic Works, Inc., is the exclusive property of Programmatic Works, Inc. and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks or branding.
10.2 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.
11. Privacy
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
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, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
WEATHER FORECASTS AND OTHER THIRD-PARTY DATA PROVIDED THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE ACCURATE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROGRAMMATIC WORKS, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless Programmatic Works, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Service, your User Content, or your violation of these Terms.
15. Termination
15.1 By you
You may terminate your account at any time by contacting us at privacy@festworks.app or through the account settings page.
15.2 By us
We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include violation of these Terms, conduct that we believe harms other users or the Service, or requirements of law.
15.3 Effect of termination
Upon termination, your right to use the Service ceases immediately. We may retain your data as required by law or for legitimate business purposes. Sections 6, 10, 12, 13, 14, and 17 survive termination.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of those courts.
17. General
17.1 Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Programmatic Works, Inc. regarding the Service.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
17.4 Assignment
You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
18. Contact
If you have questions or concerns regarding these Terms, please contact us:
Programmatic Works, Inc.1560 N Sandburg Ter, #3215
Chicago, IL 60610
privacy@festworks.app