Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the Golden Pass mobile application ("App") or any related services, website, or APIs (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Golden Pass ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time. Your continued use of the Service after any modifications indicates your acceptance of the updated Terms.

2. Eligibility

2.1 Age Requirements

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Account Responsibility

By creating an account, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You will maintain and update your information as needed
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Service under any applicable laws

3. Description of Service

3.1 Core Features

Golden Pass is a digital invitation and ticket creation platform that allows users to:

• Create visually enhanced digital tickets and invitations
• Send invitations via SMS, iMessage, or other messaging platforms
• Manage guest lists and track invitation status
• Scan QR codes for event check-in
• Store and organize received tickets

3.2 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, emergency repairs, server failures or technical difficulties, or factors beyond our reasonable control.

4. User Accounts

4.1 Account Creation

To access certain features, you must create an account using Sign in with Apple. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4.2 Username Selection

When selecting a username, you agree that it will not:

• Impersonate any person or entity
• Contain offensive, vulgar, or inappropriate language
• Infringe on any trademark or intellectual property rights
• Violate any applicable laws or regulations
• Mislead others about your identity or affiliation

We reserve the right to reject, modify, or reclaim any username at our sole discretion.

4.3 Account Termination

You may delete your account at any time through the App settings. We may suspend or terminate your account if you violate these Terms, engage in fraudulent or illegal activity, abuse the Service or other users, or fail to pay applicable fees.

5. User Content

5.1 Content Ownership

You retain ownership of all content you create, upload, or share through the Service ("User Content"), including event names, descriptions, custom messages, guest lists, contact information, and profile information.

5.2 License Grant

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display your User Content solely for the purpose of operating and providing the Service.

5.3 Content Restrictions

You agree not to create, upload, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Infringes on any patent, trademark, copyright, or other intellectual property rights
• Contains viruses, malware, or other harmful code
• Constitutes spam, phishing, or unauthorized advertising
• Exploits minors in any way
• Promotes violence, discrimination, or illegal activities

5.4 Content Moderation

We reserve the right, but are not obligated, to monitor User Content, remove or disable access to any User Content, report illegal content to appropriate authorities, and take action against users who violate these Terms.

6. Acceptable Use

6.1 Permitted Uses

The Service is intended for personal, non-commercial use for creating and sharing digital invitations and tickets for legitimate events and purposes.

6.2 Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Circumvent any security measures or access restrictions
• Use automated systems (bots, scrapers, etc.) without authorization
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, redistribute, or sublicense the Service
• Use the Service to send unsolicited communications (spam)
• Impersonate others or misrepresent your affiliation
• Create fake events or fraudulent tickets
• Use the Service for ticket scalping or unauthorized resale

7. Payments and Subscriptions

7.1 Premium Features

Certain features of the Service require payment ("Premium Features"). By purchasing Premium Features, you agree to pay all applicable fees.

7.2 Payment Processing

All payments are processed through Apple's App Store. Your purchase is subject to Apple's terms and conditions. We do not store or have access to your payment card information.

7.3 Refunds

Refund requests are handled by Apple in accordance with their refund policies. We do not directly process refunds. To request a refund, contact Apple Support or visit reportaproblem.apple.com.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, graphics, animations, code, and content (excluding User Content), is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

8.2 Trademarks

"Golden Pass," the Golden Pass logo, and other marks are our trademarks. You may not use our trademarks without our prior written consent.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without compensation or attribution.

9. Third-Party Services

9.1 Third-Party Integrations

The Service may integrate with or link to third-party services, including:

• Apple Sign In
• Apple Maps
• Apple Calendar (EventKit)
• SMS/iMessage
• Firebase Cloud Messaging
• Amazon Web Services (AWS)

9.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

10. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

11. Disclaimers

11.1 "As Is" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 No Guarantee

We do not warrant that:

• The Service will meet your requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any errors will be corrected

11.3 Event Disclaimer

We are not responsible for the conduct of event hosts or attendees, the accuracy of event information provided by users, the success, safety, or outcome of any event, or any disputes between users.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE.

12.2 Liability Cap

OUR TOTAL 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 US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to your use of the Service, your User Content, your violation of these Terms, your violation of any rights of another party, or your events or interactions with other users.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at legal@xavierplatforms.com. We will attempt to resolve the dispute within 30 days.

14.2 Arbitration Agreement

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court for intellectual property infringement.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Delaware.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Notices

We may provide notices to you through the App, email, or other reasonable means. You may contact us at:

Golden Pass
Email: legal@xavierplatforms.com
Support: support@xavierplatforms.com

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App, updating the "Last Updated" date, and sending you a notification for significant changes. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

18. Contact Us

If you have any questions about these Terms, please contact us:

Golden Pass
Email: legal@xavierplatforms.com
Support: support@xavierplatforms.com