Agreement to these terms
These Terms of Service (the “Terms”) are a binding agreement between you and Festro Inc. (“Festro,” “we,” “us,” or “our”), a corporation incorporated under the Canada Business Corporations Act with its head office in Montreal, Quebec, and govern your access to and use of the Festro mobile application, the festro.com website, and all related services, software, and content (together, the “Service”).
By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree, do not use the Service.
These Terms work together with our other Festro policies, each of which is incorporated by reference and forms part of your agreement with us: our Privacy Policy, Cookie Policy, Purchase Policy, Cancellation and Postponement Policy, Resale and Transfer Policy, Acceptable Use Policy, and Data Processing terms. If you sell paid tickets, the Organizer Payments Agreement also applies to you. If a policy that addresses a specific topic conflicts with these Terms on that topic, the more specific policy governs — except that the Organizer Payments Agreement governs any conflict about paid ticketing or payouts. By using the Service, you agree to all of these documents.
Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate information and to keep it current. You are responsible for all activity under your account and for maintaining its security. Notify us immediately through our contact form if you suspect unauthorized access. We may refuse, suspend, or terminate accounts at our discretion as described in Section 16.
Magic links. Festro signs you in without a password. When you enter your email, we send a one-time sign-in link (a "magic link") or a short code. A magic link is personal, single-use, and time-limited — it signs in the account it was sent to and then stops working. Treat it like a key: do not forward it, and keep your email inbox and your devices secure, because anyone with access to a valid link or code can sign in as you. If you receive a sign-in link you did not request, do not use it and let us know through our contact form. You are responsible for activity under your account, as described in the account section above.
Phone and SMS verification. Some features (for example, confirming it’s really you, or an organizer enabling certain controls) may ask you to add a mobile phone number and verify it by text message (SMS). By giving us your number and asking to verify it, you consent to receive an automated verification text from Festro at that number. These texts are for account security and verification — they are not marketing. Message frequency depends on your activity. Message and data rates may apply from your mobile carrier, and carrier charges are your responsibility. You can reply STOP to a verification text to opt out (after which we may be unable to verify your number for the features that need it) and HELP for help. We don’t control carrier delivery and can’t guarantee that every message arrives. Provide only a number you control, and keep it current; if you give up a number, remove it from your account. Standard carrier and SMS terms, and our Privacy Policy, also apply.
The Service
Festro is a platform that connects event organizers with their communities. Organizers can create events, manage ticket tiers, and check in attendees; attendees can discover events, reserve or buy tickets, and follow organizers. We may add, change, or remove features at any time.
Organizer responsibilities
If you use the Service as an organizer, you are responsible for:
- The accuracy and lawfulness of your event listings and content;
- Honouring reservations and tickets made by attendees;
- Setting and clearly communicating your own refund and cancellation policy;
- Compliance with all applicable laws, including those on events, venue capacity, public safety, consumer protection, tax, and the handling of any attendee information you receive; and
- Obtaining all rights and permissions needed for content you upload.
You act as an independent party. Festro is not the organizer of, and is not responsible for, any event.
Reservations, tickets, and payments
A reservation or ticket is a commitment between you and the organizer. Festro facilitates the connection and, for paid tickets, the payment, but is not a party to the underlying transaction. Payments are processed by our payment provider (Stripe) under its own terms; you authorize the applicable charges. Refund and cancellation policies are set by the organizer and disclosed at the time of purchase. Festro is not responsible for an organizer’s acts, omissions, refunds, or the conduct or outcome of any event.
Service fees. Festro charges a service fee on paid tickets. For buyers, this fee is included in the total price shown before you complete your purchase — the price you see is the price you pay, except for any taxes that are shown separately. For organizers, Festro’s fees are set out in the Organizer Payments Agreement that applies to your account. Festro and the organizer are separate parties: the organizer receives the ticket price and Festro receives its service fee. Where a paid ticket is refunded under the organizer’s policy, the refund returns the amounts you paid for that ticket. The total price (including all mandatory fees) shown to you at checkout is the price that applies to that purchase, and it is final for that purchase once you complete it. We may set or adjust our service fee from time to time, and the fee that applies is always the one displayed before you complete each purchase; any change takes effect only for purchases you make after the change and never alters the price or fee for a ticket you have already bought.
Festro is the ticketing platform — not the operator, producer, host, or venue of any event. The event is run by the organizer at the venue, and they are responsible for it. When you reserve or buy a ticket, your ticket is a revocable licence to attend that event, subject to the rules of the organizer and the venue; it is not property and has no cash value.
The organizer and the venue set the conditions of entry, and you agree to follow them. These may include:
- Minimum age and valid government photo ID at the door. Many nightlife and alcohol-licensed events in Quebec are 18 and over and will check ID. If you can’t show valid ID or meet the age requirement, you may be refused entry without a refund;
- Security checks, including searches of you and your belongings, and refusal of prohibited items;
- A code of conduct. You can be refused entry or removed, without a refund, for unsafe, unlawful, intoxicated, or disruptive behaviour, or for breaking the venue’s or organizer’s rules; and
- Capacity, timing, and line-up. Entry can be subject to capacity, set times, and changes to the line-up or running order.
You attend at your own risk. Live events involve risks — including crowds, loud sound, lighting effects, physical activity, and the conduct of other attendees. To the fullest extent permitted by law, Festro is not responsible for what happens at an event, for the acts or omissions of the organizer, venue, performers, or other attendees, or for any loss, injury, or damage arising from attending. This does not limit any right you have against the organizer or venue, and it does not limit any non-waivable right you have under Quebec’s Consumer Protection Act or other applicable law. Your refund and cancellation rights are set out in our Cancellation and Postponement Policy and the organizer’s policy shown at checkout.
Talk to us first. If something is wrong with a charge, a ticket, or an event, please contact us through our contact form — and, for event-specific issues, the organizer — before asking your bank or card issuer to reverse the charge (a "chargeback"). Most problems are faster to fix this way, and we can often issue a refund directly where one is owed. Where a refund is genuinely owed and we or the organizer fail to provide it, nothing here takes away your right to a chargeback or any other remedy under Quebec’s Consumer Protection Act or your card agreement.
Abusive chargebacks. Starting a chargeback for a ticket you used, transferred, or were already refunded, or otherwise disputing a valid charge in bad faith, is a form of fraud. If you do this, we may, to the extent permitted by law, void the affected tickets, reverse or block the related transfer or resale, and suspend or terminate your account, and we and the organizer may cooperate with the card networks, our payment provider, and law enforcement to respond. Payments are handled by Stripe, and dispute handling is also subject to Stripe’s terms. We may share the information reasonably needed to investigate and respond to a dispute, as described in our Privacy Policy.
Our intellectual property
The Service and everything in it — including the software, source and object code, APIs, design, user interface, graphics, layout, “look and feel,” text, logos, the Festro name and brand, and the selection, arrangement, and compilation of all content and data — are owned by Festro or our licensors and are protected by copyright, trademark, trade secret, and other laws in Canada and internationally. All rights not expressly granted to you in these Terms are reserved.
Nothing in these Terms transfers any ownership in the Service to you. Our trademarks, logos, and trade dress may not be used without our prior written permission.
Your licence to use the Service
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own personal, non-commercial use (or, for organizers, your own legitimate event operations). This licence ends automatically if you breach these Terms.
Restrictions — what you may not do
Except to the limited extent applicable law cannot be waived, and except as we expressly permit in writing, you must not (and must not permit or enable anyone else to):
- Copy, reproduce, distribute, republish, display, mirror, or frame any part of the Service or its content;
- Modify, adapt, translate, or create derivative works from the Service;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, structure, or underlying ideas of the Service, except where this restriction is prohibited by law;
- Access, scrape, crawl, spider, index, harvest, or data-mine the Service or any content or data, or use any bot, scraper, or automated means to do so;
- Use the Service or any of its content or data to build, train, or improve any product, dataset, machine-learning model, or service, or to create a product or service that competes with Festro;
- Resell, rent, lease, sublicense, white-label, or otherwise commercially exploit the Service or access to it;
- Circumvent, disable, or interfere with any security, rate-limiting, access-control, or other technical protection measure, or access the Service other than through the interfaces we provide;
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice;
- Use the Service to develop a competing or substantially similar product or service, or for competitive benchmarking, without our written consent; or
- Impose an unreasonable load on, or otherwise disrupt or impair, the Service or its infrastructure.
These restrictions are a material part of the bargain and survive termination. We may use technical and legal measures to detect and prevent prohibited use.
Your content
You retain ownership of the content you submit (such as photos, event descriptions, and bios) (“User Content”). You grant Festro a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt for display, and distribute your User Content solely to operate, promote, and improve the Service. This licence ends when you delete your User Content, except for copies retained in routine backups or as required by law, and for any rights granted to others before deletion.
You represent that you own or have all rights to your User Content and that it does not infringe any third-party right or any law. You are solely responsible for your User Content.
Feedback
If you send us suggestions, ideas, or other feedback about the Service, you grant Festro a perpetual, irrevocable, worldwide, royalty-free licence to use and exploit that feedback for any purpose, without obligation or compensation to you.
Copyright complaints
We respect intellectual property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice through our contact form that identifies the work, the allegedly infringing material and its location, your contact information, and a statement that you have a good-faith belief the use is unauthorized and that your notice is accurate. We will respond appropriately, which may include removing the material and terminating repeat infringers.
Acceptable use
You agree not to use the Service to:
- Create fake accounts, events, or reservations, or impersonate any person or organization;
- Harass, threaten, defame, or harm others, or post unlawful, hateful, or infringing content;
- Engage in fraud, sale of prohibited goods, or any illegal activity;
- Transmit malware or attempt to gain unauthorized access to any system or account; or
- Violate the rights of, or collect information about, other users without authorization.
Third-party services and links
The Service may rely on or link to third-party services (such as payment processing, maps, and analytics). We do not control and are not responsible for third-party services or content, and your use of them is governed by their own terms.
Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, quality, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any event will occur or meet your expectations.
Limitation of liability
To the fullest extent permitted by law, Festro and its directors, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising from or related to your use of (or inability to use) the Service, even if advised of the possibility.
Our total aggregate liability for all claims relating to the Service is limited to the greater of (a) the total amount you paid Festro in the 12 months before the event giving rise to the claim, or (b) CAD $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you; in that case our liability is limited to the smallest extent permitted by law.
Indemnification
You agree to indemnify and hold harmless Festro and its personnel from any claims, damages, liabilities, and reasonable expenses (including legal fees) arising from your User Content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right.
Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, create risk or legal exposure for us, or where required by law. We may also discontinue the Service with reasonable notice — at least 30 days before discontinuing it entirely where practicable. Sections that by their nature should survive (including 6, 8, 9, 10, 14–18, and 19) survive termination.
Enforcement and injunctive relief
You acknowledge that a breach of Sections 6 (our intellectual property), 8 (restrictions), or 10 (feedback) may cause Festro irreparable harm for which monetary damages would be inadequate. We are therefore entitled to seek injunctive or other equitable relief to enforce those sections, in addition to any other remedy, without the need to post bond.
Changes to these terms
We may update these Terms from time to time. For material changes, we will provide reasonable notice (in the app, by email, or by posting) before they take effect and will update the “Last updated” date. Your continued use of the Service after the effective date means you accept the updated Terms.
Governing law and disputes
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. You and Festro agree to the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec, for any dispute, except that we may seek injunctive relief in any court of competent jurisdiction.
To the extent permitted by law, any dispute will be resolved on an individual basis, and you waive any right to participate in a class or representative proceeding. Nothing in these Terms limits any non-waivable consumer right you may have under Quebec’s Consumer Protection Act or other applicable law. This class-action and individual-dispute provision does not apply to, and does not limit, a consumer’s right under the Quebec Consumer Protection Act (including section 11.1) to bring or join a class action; for such consumers that right is preserved.
Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que la présente entente et tous les documents connexes soient rédigés en anglais. A French version is provided for convenience; the language you accept governs to the extent permitted by law.
General
These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between you and Festro about the Service. If any provision is held unenforceable, the rest remains in effect and the unenforceable part is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.
These Terms, together with the Privacy Policy, the Cookie Policy, the Purchase Policy, the Cancellation and Postponement Policy, the Resale and Transfer Policy, the Acceptable Use Policy, the Data Processing terms, and (for organizers) the Organizer Payments Agreement, are the entire agreement between you and Festro about the Service and replace any earlier agreement on the same subject.
Contact
Questions about these Terms: our contact form
Also see: Privacy Policy · Cookie Policy