HMNTY Host Terms

Version 2026-10-10 (host-terms-v6) · Effective October 10, 2026 · Also see our Terms of Service, Privacy Policy and fees.

Key points (plain-language summary)

This summary is not part of the agreement. It is meant to be accurate, but if it differs from the Host Terms below, the Host Terms control.

1. You run the Event and you sell the Tickets. You are the organizer. HMNTY is not the organizer, the venue, the promoter or the alcohol licensee, and does not attend or supervise Events. HMNTY collects Buyers' payments for you, through Stripe, as your limited payment collection agent. Buyers' card statements show HMNTY.
2. What selling costs you.
   • Plan: selling Tickets needs a Business plan ($29.99 a month) or Brand plan. While HMNTY launches in your area, HMNTY covers the Business plan for free, until the area within 80 miles of your Event has 5,000 HMNTY users (Section 3.2).
   • HMNTY Fee: 6% of each Ticket (5% while you pay for a Business or Brand plan), and never more than $3 a Ticket. No HMNTY Fee on your first 50 paid Tickets.
   • Processing Fee (card processing): a flat 2.9% of each order plus $0.35. It is a flat fee, not our exact cost.
   • Example: on one $25 Ticket after your first 50, at the 6% rate, you receive $22.42 ($1.08 Processing Fee and $1.50 HMNTY Fee).
   • Sponsorships paid to you through the App: HMNTY keeps 10% (5% while you pay for a Business or Brand plan).
3. Prices must be all-in. Every Ticket price that you or HMNTY show must be the full price the Buyer pays. For each Event you choose who pays the Processing Fee: you, or the Buyer. If the Buyer pays, Buyers see it as a "Service fee" that is already included in the price they see.
4. When you get paid. Money from each Event is paid out to your bank 2 days after the Event ends. Your bank may take a little longer to show it. HMNTY may pause payouts or hold a reserve when there is a real risk, and will tell you why within 2 business days when it can.
5. Refunds come out of your money. Buyers can refund an unused Ticket in the App until your Event starts. When a Buyer refunds, HMNTY gives back its HMNTY Fee but keeps the Processing Fee.
6. Cancelling. If you cancel an Event in the App, every Ticket holder gets a full refund automatically. Today there are two exceptions: cancelling a repeating schedule does not refund future dates (cancel each date instead), and very large Events may need support to finish refunds. If you postpone or materially change an Event, Ticket holders can ask for a refund.
7. Deleting your HMNTY account refunds every Ticket you sold, including Tickets for Events that already happened. Contact support before you delete.
8. Chargebacks. If a Buyer disputes a charge with their bank, you owe the amount plus Stripe's fees (today $15, or $30 if the dispute is contested and lost). HMNTY may take the money back when the dispute opens and returns it if the dispute is won.
9. Your Event is your responsibility: the venue, permits, safety, staff, alcohol service, capacity, accessibility, Attendee conduct, checking ID at the door for age-limited Events, and anything else that happens at or because of your Event. If someone makes a claim about it against HMNTY, you defend the claim and pay the costs and any settlement, except to the extent HMNTY's own negligence caused it. Insurance is not required, but HMNTY strongly recommends it. HMNTY's age settings rely on what users tell us and are not checked when someone buys a Ticket.
10. Taxes are yours, unless a state requires HMNTY to collect them, in which case HMNTY tells you 30 days ahead. HMNTY files Form 1099-K where the law requires it.
11. Hosts outside the US. Where the App supports your country, you can host there. Buyers pay in US dollars. You are paid in your own currency, and Stripe's currency conversion fee comes out of your payout. Your country's taxes, licenses and consumer and event laws are your responsibility.
12. No paid political fundraising. Political Events can be listed for free. Paid Tickets or payments that raise money for a candidate, campaign, political party, PAC or ballot committee are not allowed.
13. Attendee information. Use it only to run your Event and serve your Attendees. Do not sell it, and do not add people to email or text lists without their own permission. If you keep it outside the App, protecting it is your legal responsibility.
14. Promotion. HMNTY may feature your Event, name and logo in the App and in its marketing. Boosts, badges and analytics do not guarantee sales.
15. Liability. Neither side pays the other's indirect losses, and HMNTY's total liability is capped. You cover claims that arise from your Events, but not claims caused by HMNTY's own negligence. Some things are not capped, such as money one side owes the other, and reckless or intentional misconduct.
16. Disputes. Disputes between you and HMNTY go to binding individual arbitration, not court, except small-claims cases. You give up class actions and jury trials. You can opt out of arbitration by emailing us within 30 days after you first accept (Section 27.10). HMNTY pays most arbitration fees for claims up to $75,000. Iowa law applies.
17. Changes and leaving. HMNTY emails you at least 30 days before a material change and asks you to accept it. Changes never reach disputes that already arose. You can end these terms at any time, once the Events you sold Tickets for have been held or refunded. HMNTY can end them on 30 days' notice, and Events already sold still go ahead.

1. Who we are and how you accept these Host Terms

1.1 Parties. These Host Terms are an agreement between Vine Street Ventures LLC, an Iowa limited liability company doing business as HMNTY ("HMNTY," "we," "us"), with its principal office in Glenwood, Iowa and its mailing address at PO Box 56, Glenwood, Iowa 51534 (support@hmnty.app), and the Host described in Section 1.4 ("you").

1.2 When these Host Terms apply.

• You must accept these Host Terms before you connect a payout account, create a paid Event, sell Tickets, or accept Sponsorship payments through HMNTY.
• Once accepted, they govern all of your activity as a Host, including free Events and Events that link to an outside booking page.
• They add to the Terms of Service, which continue to apply to your use of the App.

1.3 How you accept.

• You accept these Host Terms only by checking the acceptance box next to a link to these Host Terms and then tapping the button that confirms your acceptance (for example, "Agree and continue"). The box is never checked for you.
• Later versions take effect as Section 29 describes. For a material change, HMNTY will ask you to accept in the same way.
• Before you accept, you can open, read and save the full text. After you accept, we email you a confirmation with the version, the date and a link to the text, and you can see the version you accepted in the App at any time.
• We keep a record of each acceptance: the version, the date and time, your account, the business name you gave (if any), your device platform and app version, and the IP address used.

1.4 Who the "Host" is.

• If you accept for yourself (including as a sole proprietor or under a trade name), you personally are the Host.
• If you accept for a business or organization (for example, an LLC, corporation or nonprofit), that business or organization is the Host. By accepting, you represent that you are authorized to bind it. If you are not authorized, you are personally bound as the Host.
• The legal name you give HMNTY for the Host must match the name on the Stripe Account.
• You are responsible for anyone you allow to use your HMNTY account or Stripe Account.

1.5 Other documents.

• These Host Terms incorporate:
  • (a) the Terms of Service; and
  • (b) the Community Guidelines, published at hmnty.app/guidelines.
• The Privacy Policy explains how HMNTY collects and uses personal information, including about you and your Attendees. It is a notice, not part of this contract.
• For payments, you also accept the Stripe Connected Account Agreement (which includes the Stripe Services Agreement) with Stripe during payout setup. It governs your relationship with Stripe. Stripe is not a party to these Host Terms.
• HMNTY may update the Terms of Service and Community Guidelines under their own terms. No update to those documents changes Sections 4, 7 to 11, 20 to 23, 26, 27 or 29 of these Host Terms. Those Sections change only under Section 29.

1.6 Order of precedence. If documents conflict, this order applies:

• (1) A written agreement between you and HMNTY, signed (including electronically) for HMNTY by a manager of Vine Street Ventures LLC, that expressly refers to these Host Terms and says it overrides them. A written launch fee waiver under Section 7.5 is treated as such an agreement, but only as Section 7.5 describes.
• (2) These Host Terms, on any matter relating to hosting, Listings, Tickets, Fees, payments, payouts, refunds, chargebacks, taxes, Attendee Data or Sponsorships. These Host Terms prevail over every version of the Terms of Service, including the earlier version shown inside the App (dated "March 2026").
• (3) The Terms of Service.
• (4) The Community Guidelines.

Section 27 (Dispute resolution) governs every dispute between you and HMNTY, whichever document the dispute arises under. If the Terms of Service or any other HMNTY terms contain a different dispute-resolution clause, Section 27 controls for disputes between you and HMNTY, unless a later agreement you accept says expressly that it replaces Section 27.

1.7 Hosts who were selling before these Host Terms. If you sold Tickets through HMNTY before you accepted these Host Terms:

• (a) these Host Terms apply to Orders whose checkout starts after you accept, and to refunds, chargebacks, payouts and transfer reversals processed after you accept, including those on earlier Orders;
• (b) HMNTY will not use these Host Terms to recover from you any amount for a chargeback that was closed before you accepted;
• (c) accepting does not end or reduce a launch fee waiver under Section 7.5; and
• (d) Section 27 applies to disputes that arose before you accepted, unless you opt out under Section 27.10 or the dispute was already filed in court before you accepted.

2. Definitions

Capitalized words have the meanings below, or the meaning given where they first appear in bold and quotation marks.

• "App": the HMNTY mobile applications, the website at hmnty.app, and related HMNTY services.
• "Attendee": a person who RSVPs to, holds a Ticket for, enrolls in, or attends your Event.
• "Attendee Data": any information about an Attendee or Buyer that you obtain through the App. Examples include names, profile photos, user IDs, cities, ticket records, check-in status, and any export or report.
• "Buyer": a user who buys a Ticket to your Event.
• "Buyer Fee": the fee a Buyer pays at checkout when the buyer-covers option is on (Section 7.6).
• "Community Guidelines": HMNTY's community guidelines, as published in the App or at hmnty.app/guidelines and updated from time to time.
• "Dispute Fees": the fees Stripe charges HMNTY when a Buyer disputes a charge, including any fee for contesting the dispute (Section 10.3).
• "Event": any activity, event, class, Series or session you list on the App, including each date of a Recurring Event.
• "Event End": the end time shown in your Listing or, if none is shown, 11:59 p.m. local time on the Event's date. For a Series, the end of its last session.
• "Fees": the HMNTY Fee, the Processing Fee and the Sponsorship Fee, as each applies.
• "Host": the person or business described in Section 1.4.
• "Host Terms": these HMNTY Host Terms, as updated under Section 29.
• "HMNTY Fee": HMNTY's platform fee on Ticket sales, described in Section 7.2.
• "Listing": your Event page and its content, including the title, description, images, date, time, location, price, ticket types, age settings and booking link.
• "Net Proceeds": the amount charged to the Buyer for an Order, or to a sponsor for a Sponsorship, minus the Fees on it.
• "Order": a single checkout by a Buyer, which may include one or more Tickets.
• "Plan": an HMNTY Business plan or Brand plan bought under the Terms of Service.
• "Privacy Policy": HMNTY's privacy policy at hmnty.app/privacy.
• "Processing Fee": the per-Order fee described in Section 7.3.
• "Recoverable Amounts": amounts you owe HMNTY under Section 8.6.
• "Recurring Event": an Event created from a repeating schedule in the App. Each date is a separate Event with its own Tickets.
• "Series" (shown in the App as an "Experience"): an Event with multiple sessions that Attendees enroll in once.
• "Sponsorship": a payment a sponsor makes to you through the App for sponsoring your Event, and "Sponsorship Fee" is HMNTY's fee on it (Section 7.8).
• "Stripe": Stripe, Inc. and its affiliates, HMNTY's payment processor.
• "Stripe Account": the Stripe Connect account opened for you through the App to receive payouts.
• "Terms of Service": HMNTY's Terms of Service at hmnty.app/terms, as updated under their own terms.
• "Ticket": the right to attend an Event that is bought through the App, and the QR code and records that represent it. A paid Series enrollment is a Ticket, except where a Section expressly treats Series enrollments differently.
• "Total Price": the most a Buyer must pay for one Ticket, including the Ticket price and any Buyer Fee. It excludes only taxes that HMNTY collects and discloses to the Buyer before payment.

3. Eligibility, authority and verification

3.1 Who may host. To sell Tickets you must:

• (a) be at least 18 years old, and old enough to enter a binding contract where you live;
• (b) not be a ward of a state or under a guardianship or conservatorship that limits your ability to contract;
• (c) be located in the United States, or in another country that HMNTY supports for hosting. HMNTY supports a country only if Stripe offers its Connect Express accounts there to a U.S. platform, and the App shows the countries it currently supports when you set up payouts. Your Stripe Account must be opened in the country where you are located, and your payouts go to a bank account in that country (see Section 3.6);
• (d) not be located or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and not be barred from receiving payments under U.S. or other applicable sanctions law, or by Stripe; and
• (e) not have had a HMNTY account removed for violating our terms, unless HMNTY has agreed in writing to let you return.

3.2 Plan requirement.

• Selling Tickets through HMNTY requires an HMNTY Business plan ($29.99 per month) or Brand plan ($99.99 per month or $799.99 per year), except while launch coverage applies (below). Plans are bought in the App under the Terms of Service, at the price shown at purchase.
• Launch coverage. While HMNTY launches in an area, HMNTY covers the Business plan requirement for free. You can create paid Events and sell Tickets without buying a plan until the area within 80 miles of your Event's location has 5,000 HMNTY users. "HMNTY users" means registered HMNTY accounts whose saved location is within that area, as HMNTY measures from its own records in good faith.
• When an area reaches 5,000 HMNTY users, HMNTY will tell you by email at least 60 days before a plan is required for your new paid Events there. Events already on sale when the requirement starts stay on sale.
• Launch coverage is not a paid plan. It covers selling Tickets only. It does not include the other Business plan features (such as subscriber-only Events), and the HMNTY Fee is charged at the 6% rate (Section 7.2).
• If you pay for a plan and it lapses or is cancelled while a paid Event is on sale, sales continue. The HMNTY Fee on those sales is then charged at the 6% rate (Section 7.2).
• Listing free Events, and Events that link to your own booking page, does not require a plan.

3.3 Identity verification.

• You must complete Stripe's onboarding, including any identity, business and bank-account verification Stripe requires, and keep that information accurate.
• HMNTY may also require you to complete HMNTY's identity verification (currently an ID check) before you sell Tickets.
• You authorize HMNTY and Stripe to verify the information you give, including through third-party providers.

3.4 Accurate information. You will:

• give accurate, current and complete information about yourself, your business and your Events; and
• update it promptly when it changes.

If you sell Tickets on behalf of a business, the Stripe Account should be set up in that business's name. If the App does not let you do that, contact support@hmnty.app before you sell.

3.5 Account security. You are responsible for all activity on your HMNTY account, your Stripe Account, and any staff access you grant (Section 12.5).

3.6 Hosts outside the United States. If you host from a country other than the United States:

• (a) Prices are in U.S. dollars. Ticket prices, Fees and all amounts in these Host Terms are in U.S. dollars, and Buyers are charged in U.S. dollars. If a Buyer pays with a card in another currency, the Buyer's bank converts the charge and may charge the Buyer a fee. HMNTY does not control that.
• (b) Payouts are in your currency, and you bear the conversion cost. Net Proceeds are converted from U.S. dollars and paid out to your bank in your local currency. Stripe converts them at its exchange rate when it makes the conversion. Stripe's currency conversion fee, and any cross-border payout fee Stripe charges for paying you, come out of your payout. You bear the risk of exchange-rate changes between the sale and the payout. Refunds, chargebacks and other Recoverable Amounts are calculated in U.S. dollars, so the amount recovered in your currency may differ from the amount you received.
• (c) Your country's laws are your responsibility. You are solely responsible for following the laws of your country and of the place where each Event happens. These include tax (such as VAT, GST, sales, admission and income tax), business registration and licenses, consumer-protection and ticketing laws, event, safety, alcohol and accessibility laws, and data-protection and marketing laws. Where these Host Terms give a U.S. law as an example, the matching laws of your country also apply to you.
• (d) Tax on HMNTY's Fees. If a country requires HMNTY to charge VAT, GST or a similar tax on its Fees, HMNTY may add it to the Fees after giving you at least 30 days' notice by email. If you are a registered business, you may have to account for that tax yourself instead (for example under a reverse charge).
• (e) Tax information and reporting. Stripe or HMNTY may ask for your tax information (for example IRS Form W-8BEN or W-8BEN-E, or a VAT or GST number), and may report your payments to tax authorities where law requires (for example under the European Union's DAC7 rules or similar rules in other countries).
• (f) The rest of these Host Terms apply as written, including Iowa law (Section 26) and arbitration (Section 27).

4. Our role and our relationship

4.1 You are the organizer and the seller.

• You are the organizer of each Event you list and the seller of its Tickets. Each Ticket is a contract between you and the Buyer for admission to, or participation in, your Event.
• You are solely responsible for delivering the Event as described.
• You are solely responsible for your Event and for anything that happens at it or because of it. This includes the venue and its condition; safety and security; your staff, volunteers, vendors and performers; alcohol service; permits and licenses; capacity; accessibility; and the conduct of Attendees and anyone else you admit.
• HMNTY is not the organizer, operator, venue, promoter or alcohol licensee of any Event. HMNTY does not attend, staff, inspect, supervise or control Events or venues, and does not employ or supervise you, your staff or performers. Showing, featuring or advertising your Event in the App or in HMNTY's marketing (Sections 15 and 17) does not make HMNTY its organizer or promoter.

4.2 HMNTY as your limited payment collection agent.

• Appointment. You appoint HMNTY as your limited payment collection agent. This appointment is solely for the purposes below, and you direct HMNTY to act for you in each of them:
  • (a) to accept payments from Buyers for your Tickets, and from sponsors for Sponsorships you accept, on your behalf;
  • (b) to cause Stripe to transfer the Net Proceeds to your Stripe Account;
  • (c) to issue refunds on your behalf under Section 9, and to reverse transfers to fund them; and
  • (d) to respond to card disputes on your behalf under Section 10.
• Payment discharges the Buyer. When HMNTY receives a Buyer's payment (through Stripe) for a Ticket, the payment is treated as received by you. The Buyer's obligation to pay you for that Ticket is fully satisfied, even if the Net Proceeds are later held, reversed or not transferred to you for any reason. You will not seek payment for a Ticket from a Buyer who paid through the App.
• You hold HMNTY out as your payment agent. You authorize HMNTY to tell Buyers, at checkout and in its terms, that HMNTY accepts payment on your behalf. You will not tell Buyers otherwise.
• HMNTY's obligation. HMNTY's obligation to you is to cause Stripe to transfer the Net Proceeds to your Stripe Account, subject to these Host Terms. HMNTY does not hold your Net Proceeds in HMNTY's own account in the ordinary course.

4.3 How payments are processed.

• Ticket payments are processed by Stripe as charges on HMNTY's Stripe platform account. At the moment of each charge, the amount charged is transferred to your Stripe Account, and HMNTY's Fees are deducted.
• Solely for card-network and payment-processing purposes, HMNTY is the merchant of record for these charges. As a result:
  • HMNTY's name appears on the Buyer's card statement; and
  • card disputes are raised against HMNTY's platform account.
• Being merchant of record does not make HMNTY the seller of your Event, a party to your contract with the Buyer, or responsible for delivering your Event.
• Please tell Buyers to expect "HMNTY" on their statement. Unrecognized charges are a common cause of disputes.

4.4 Independent parties.

• You and HMNTY are independent contractors.
• Nothing in these Host Terms creates an employment, partnership, joint venture, franchise or fiduciary relationship, or any agency other than the limited payment collection agency in Section 4.2.
• You have no authority to bind HMNTY.

4.5 No endorsement.

• A Listing, badge, review, boost or placement does not mean HMNTY endorses, vets or guarantees you or your Event.
• Verification badges show only that a specific check was completed.

5. Listings

5.1 Accuracy. Each Listing must be truthful, complete and not misleading. It must clearly state:

• (a) the date, start time and, where relevant, end time;
• (b) the venue name and address (or how and when the location will be shared);
• (c) the price of each ticket type and what it includes;
• (d) any age requirement and the ID Attendees must bring (see Section 6.4);
• (e) any other admission requirements, such as a dress code, required equipment, skill level, waivers, or proof of vaccination where lawful;
• (f) for a Series, whether the price covers one session or all sessions, and the schedule;
• (g) known accessibility information, or a way for Attendees to ask about it. Do not describe a venue or activity as accessible unless it is;
• (h) any refund policy you offer beyond the HMNTY Standard Refund Policy (Section 9.1); and
• (i) your name, or your business name, as the organizer.

5.2 Keep it current.

• You must update your Listing promptly if anything material changes.
• You must follow Section 9.4 when a change affects people who already hold Tickets.

5.3 Your rights to list. You must have every right needed to hold the Event as listed, including:

• the venue's permission;
• the rights to any performers, names, trademarks, music and images in your Listing; and
• for a third party's event, that party's written authorization to list and sell Tickets for it.

5.4 Prohibited Events. You may not list, promote or sell Tickets for any Event that:

• (a) is illegal where it takes place, or requires a license, permit or registration you do not have;
• (b) involves sexual content or services, nudity, escort services or "adult" entertainment, or otherwise violates the Community Guidelines (labeling an Event "21+" or "adults only" does not permit sexual content);
• (c) is directed at, or primarily intended for, people under 18 (people under 18 may attend other Events only as Section 6.11 allows);
• (d) involves the sale, distribution or use of illegal drugs, cannabis where unlawful, prescription drugs, weapons, explosives, or other regulated goods without the required licenses;
• (e) involves gambling, lotteries, raffles, sweepstakes or games of chance requiring payment, unless fully licensed and lawful, and disclosed in the Listing;
• (f) is a resale of tickets to an event you do not organize or have written authority to sell;
• (g) is a pyramid scheme, multi-level marketing recruitment, "get-rich" or investment solicitation, cryptocurrency or securities offering, or similar scheme;
• (h) promotes hate, violence, terrorism, self-harm or harassment, or targets people based on a protected characteristic;
• (i) involves an inherently dangerous activity (for example firearms, combat sports, extreme sports or open-water activities) unless you have qualified supervision, the required licenses, appropriate participant waivers, and any insurance the law or your venue requires (insurance is strongly recommended; see Section 6.8);
• (j) offers medical, mental-health or other professional services that require a license you do not hold;
• (k) raises money for a charity or cause, unless you comply with all charitable-solicitation laws and the Listing names the beneficiary and how much reaches it;
• (l) sells Tickets, or collects any other payment through the App (including donations, "suggested contributions" or Sponsorships), where any part of the money goes to a candidate, a campaign, a political party, a political action committee (PAC, including a super PAC) or a ballot-measure committee, or is otherwise a political contribution. Political Events may still be listed as free Events. HMNTY may hide a paid Listing that looks like a political fundraiser until a person reviews it (Section 5.6);
• (m) uses Tickets to sell goods, gift cards, stored value, memberships or services that are not admission to, or participation in, the Event;
• (n) includes alcohol in the Ticket price, unless the seller of the alcohol holds the required license and the sale complies with liquor law;
• (o) is a business category Stripe prohibits or restricts (see Stripe's Restricted Businesses list), unless Stripe has approved it; or
• (p) is a fake, spam or placeholder Listing, or a Listing for an Event you do not intend to hold.

5.5 Content rules. Listing content must follow the Community Guidelines. In particular:

• no photos of children, whether yours or anyone else's;
• no photos of identifiable adults who have not consented; and
• no misleading use of another person's or brand's name or logo.

5.6 Moderation.

• HMNTY automatically screens Listings (title, description and booking link) and may have people review them.
• HMNTY may, at any time and without prior notice, hide, edit for formatting, remove, or refuse any Listing or Event that HMNTY believes violates these Host Terms, the Terms of Service or the Community Guidelines, or that creates legal, safety or reputational risk.
• Violations may lead to strikes, suspension or removal under the Community Guidelines.
• You may not re-post content we removed or try to get around moderation.
• If we remove a paid Event, Section 9.6 applies. HMNTY will tell you that it removed the Event and why, and you may ask for a review in the way Section 20.4 describes.

5.7 Booking links. If you list an Event with a link to your own booking page instead of selling Tickets through HMNTY:

• the link must use https, go directly to booking for that Event, and comply with these Host Terms; and
• sales made on that outside page are between you and the Buyer. HMNTY does not process those payments, handle their refunds, or charge the HMNTY Fee on them.

See Section 16 for affiliate links.

5.8 Advertised prices must be all-in.

• Wherever you advertise or state a price for Tickets sold through HMNTY, including outside the App (for example on social media, posters or your website), you must show the Total Price, more prominently than any other pricing information.
• If the buyer-covers option is on (Section 7.6), the Total Price includes the Buyer Fee for a one-Ticket Order.
• You may not advertise a lower "base" price with fees "added at checkout."
• This Section exists because federal law (the FTC Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464) and several state laws require all-in pricing for live-event tickets. You are responsible for your own advertising.

6. Running your Event

6.1 Compliance with law. You are solely responsible for complying with all laws that apply to your Event and its promotion, in the country, state and city where it takes place. These include, for example:

• business licensing;
• zoning, fire-code and occupancy limits;
• health and food-safety rules;
• liquor laws;
• noise and permit rules;
• consumer-protection and ticket-pricing disclosure laws;
• accessibility and anti-discrimination laws (including, in the United States, the Americans with Disabilities Act);
• employment laws for your staff;
• music licensing (for example ASCAP, BMI and SESAC);
• raffle and gaming laws;
• privacy laws; and
• tax laws.

6.2 Venue and permits.

• Before selling Tickets, you will get and keep all venue agreements, permits, licenses and approvals the Event requires.
• On request, you will give HMNTY reasonable proof of them.

6.3 Capacity.

• You are responsible for setting and enforcing a safe and lawful capacity.
• HMNTY's "sold out" indicator and capacity fields are display tools. Except for quantity limits you set on individual ticket types, they are not a guaranteed hard limit on Ticket sales. Even ticket-type limits may be exceeded in rare cases.
• If more Tickets are sold than you can lawfully or safely admit, you must either admit the holders or refund them in full.

6.4 Age restrictions.

• If your Event has a minimum age, whether by law (for example 21+ where alcohol is served) or by your choice:
  • (a) state it clearly in the Listing title or description, including the ID required; and
  • (b) check valid government ID at entry.
• HMNTY's age settings are based on age information users report themselves. They are not identity or age verification. They are not checked when a Ticket is bought.
• You are solely responsible for keeping underage people out of age-restricted Events and away from alcohol.
• You may refuse entry to anyone who does not meet a requirement clearly stated in the Listing. Whether to refund that person is up to you unless law requires otherwise. However, a Buyer may still be able to obtain a refund under Section 9.1 or through a card dispute (Section 10).

6.5 Alcohol.

• If alcohol will be served or sold, you must ensure that the venue or a licensed vendor holds every license required and that service complies with law (including no service to minors or visibly intoxicated people).
• You must not encourage excessive drinking.
• You are responsible for any liquor-liability exposure, including dram-shop and social-host liability.
• HMNTY does not sell, serve or furnish alcohol, and does not hold any liquor license for your Event.

6.6 Safety. You will take reasonable steps to protect the safety of Attendees, staff and the public. These include:

• appropriate security and staffing;
• emergency plans;
• safe premises and equipment;
• qualified instructors for physical activities; and
• clear disclosure of known risks.

If your Event involves physical activity or other risk, you are responsible for obtaining any participant waivers you need. HMNTY does not provide waivers and is not a party to them.

6.7 Accessibility and non-discrimination.

• You will make reasonable accommodations required by law.
• You will not refuse admission on a basis prohibited by law.
• Using the App's audience-targeting settings (for example age or gender) does not make a restriction lawful. You are responsible for making sure any restriction you set complies with law.
• If your Event has reserved seating that includes accessible seats, you are responsible for offering accessible seats, and companion seats, on the same terms as other Tickets, as the Americans with Disabilities Act ticketing rules require. Contact support@hmnty.app if you need a separate ticket type for this.

6.8 Insurance (strongly recommended, not required).

• HMNTY does not require you to carry insurance to list Events or sell Tickets. You must still carry any insurance that your venue, your permits or the law requires.
• HMNTY strongly recommends commercial general liability insurance (for example, at least $1,000,000 per occurrence), plus:
  • liquor liability coverage if alcohol is served; and
  • participant accident coverage for physical activities.
• Whether or not you have insurance, you remain responsible for your Event (Section 4.1) and for your obligations under Section 23 (Indemnification). Insurance is how most hosts pay for those responsibilities.
• HMNTY does not insure you, your Attendees or your Events. Any insurance HMNTY carries is for HMNTY and does not cover you.

6.9 Conduct. You, your staff and your performers will treat Attendees with respect and will follow the Community Guidelines in the App and at the Event.

6.10 Incidents. You will notify HMNTY at support@hmnty.app promptly, and within 24 hours where practical, of any serious incident connected with an Event booked through the App. Serious incidents include injury requiring medical care, police involvement, a sexual-misconduct allegation, or any situation involving a minor. You will cooperate with any HMNTY safety review. If you encounter suspected child sexual exploitation, report it to law enforcement and to HMNTY immediately.

6.11 Minors.

• HMNTY accounts are only for adults (18 or older). Tickets are bought by adults.
• If you allow people under 18 to attend as guests of an adult Ticket holder, your Listing must say so, including any minimum age and whether a parent or guardian must stay with them. Otherwise, only adults may attend.
• You are responsible for following every law that protects minors at your Event, including supervision, alcohol, parental-consent and waiver rules, and any background checks the law requires for people who work with minors.
• Do not collect personal information from minors through the App, and do not post photos of minors (Section 5.5).

7. Fees

7.1 Listing is free.

• Creating a Listing and running free Events costs nothing.
• Fees apply only when a Ticket is sold through the App.
• Selling Tickets requires a Business or Brand plan, which HMNTY covers for free during launch (Section 3.2).
• Separate products, such as HMNTY Business or Brand plans, boosts and ad credits, have their own prices (Section 7.9).

7.2 HMNTY Fee. For each Ticket sold, the HMNTY Fee is the lesser of:

• (a) 6% of that Ticket's price, or 5% if you have an active paid HMNTY Business or Brand plan when the Buyer's checkout starts. Launch coverage under Section 3.2 is not a paid plan; and
• (b) $3.00.

Additional rules:

• The HMNTY Fee is calculated on the Ticket price you set. It is not calculated on any Buyer Fee.
• The 5% rate depends on your plan status when each checkout starts. If your plan has lapsed, been cancelled or cannot be confirmed at that moment, the 6% rate applies.
• Each paid Series enrollment counts as one Ticket for the $3.00 limit.
• Each Ticket's HMNTY Fee is rounded to the nearest cent.
• HMNTY may treat your plan as active for a short grace period while Apple retries a renewal payment.

7.3 Processing Fee.

• In addition to the HMNTY Fee, each Order carries a Processing Fee of 2.9% of the amount charged to the Buyer, rounded to the nearest cent, plus $0.35 per Order.
• This is a flat fee that covers card processing and related payment costs. It is not a pass-through of HMNTY's actual cost. On most Orders it is slightly more than what HMNTY's payment processor charges; on some Orders (for example, those paid with international cards) it is less.
• The Fees on an Order never exceed the amount charged on that Order.
• On very low-priced Tickets, Fees can take up most of the price. For example, on a single $0.50 Ticket at the 6% rate, you receive about $0.11.

7.4 Your first 50 Tickets.

• No HMNTY Fee applies to your first 50 paid Tickets; you pay only the Processing Fee.
• The 50 are counted per HMNTY host account, over the account's lifetime, across all of your Events.
• Whether an Order qualifies is decided once, when the Buyer's checkout starts. Any Order whose checkout starts while your count is below 50 is free of the HMNTY Fee in full, even if it takes you past 50, and even if several checkouts start at once.
• What counts toward the 50:
  • Tickets that were actually paid for and issued count, including Tickets later refunded, cancelled or charged back. Checkouts that were started but never paid do not count.
• Series enrollments do not count toward the 50, but are free of the HMNTY Fee while your Ticket count is below 50.
• This offer applies once per person or business, not once per account. Opening extra accounts controlled by the same person or business to restart the count is a violation of these Host Terms. HMNTY may then charge the HMNTY Fee that would otherwise have applied.

7.5 Launch-period fee waivers.

• If HMNTY promised you in writing, on or before October 4, 2026, that you would pay no HMNTY fee while HMNTY launches in your city, HMNTY will honor that promise. Typical wording was "no HMNTY fee until [city] has 5,000 people using the app."
• While the waiver is in effect you pay only the Processing Fee.
• The waiver:
  • (a) applies only to the HMNTY account linked to the login email address (or account) HMNTY recorded for the promise;
  • (b) lasts until HMNTY determines in good faith, from its own records, that your city has reached 5,000 HMNTY users. Your "city" means the area within 80 miles of the center of the city named in the promise. "HMNTY users" means registered HMNTY accounts whose saved location is within that area. This applies whether the promise named the 5,000-user point or said only "while we launch"; and
  • (c) ends only after HMNTY gives you at least 60 days' written notice by email. Orders whose checkout starts before the end date stay under the waiver.
• After the waiver ends, the standard Fees in Sections 7.2 and 7.3 apply. The waiver does not apply to any other HMNTY product.
• HMNTY does not offer launch waivers to new hosts.

7.6 Buyer covers the processing cost ("Buyer Fee").

• For each Event you choose who pays the Processing Fee: you (host pays), or the Buyer (buyer pays). If you choose buyer pays, HMNTY adds a Buyer Fee to each Order.
• The Buyer Fee is the smallest amount that, added to your Ticket subtotal, leaves you at least the full subtotal after the Processing Fee on the whole charge. That is about 3% of the subtotal plus $0.36 per Order. For example, on one $25.00 Ticket the Buyer Fee is $1.11 and the Buyer pays $26.11.
• HMNTY will show the Total Price, including the Buyer Fee, as the main price everywhere the App displays the Ticket price. Any breakdown appears less prominently.
• Buyers see the Buyer Fee labeled as a "Service fee." It is never labeled as a card or credit-card fee, and it is the same whatever payment method the Buyer uses.
• The buyer-covers option is not available for Series.
• The HMNTY Fee is still deducted from your side.
• If a Ticket is refunded, the Buyer Fee for that Ticket is refunded to the Buyer and recovered from your Stripe Account, like the Ticket price (Section 7.11).
• Sections 5.8 and 7.6 together mean that you and HMNTY both show all-in prices.

7.7 Examples. All examples are for one Ticket per Order, with no launch fee waiver. Except for the row marked "first 50 paid Tickets," they assume you have already sold your first 50 Tickets.

These examples are illustrations; the formulas in this Section control.

7.8 Sponsorships.

• If a sponsor pays you through the App, HMNTY's fee (the Sponsorship Fee) is 10% of the sponsorship amount, or 5% if you have an active paid HMNTY Business or Brand plan when the sponsor's payment starts. Launch coverage under Section 3.2 is not a paid plan, and other HMNTY plans (such as HMNTY Pro) do not qualify. The Sponsorship Fee is never less than 2.9% of the amount plus $0.35, and never more than the amount.
• A sponsorship is an agreement between you and the sponsor, and HMNTY is not a party to it. HMNTY accepts the sponsor's payment as your payment collection agent (Section 4.2).
• There is no automatic refund process for sponsorships. Refund requests are handled through support@hmnty.app. Any refund HMNTY makes at your direction, or under Section 9.6, is recovered from you.
• You are responsible for any required sponsorship or endorsement disclosures, including under the FTC Endorsement Guides.

7.9 Other paid products.

• HMNTY Business and Brand plans, boosts (for example 24-hour Spotlight, 72-hour Featured and 7-day Promoted) and ad credits are bought separately. Today they are bought through Apple in-app purchase, at the price shown at purchase.
• They are governed by the Terms of Service and Apple's terms, and are refundable only as those terms provide.
• They are not deducted from your Ticket proceeds.

7.10 How Fees are collected.

• Fees are deducted automatically from each Order at the moment it is charged, as HMNTY's Stripe application fee.
• Fees do not include any taxes that may apply to them. If tax on HMNTY's Fees is legally required (for example sales tax in a U.S. state, or VAT or GST in another country), HMNTY may add it after giving you at least 30 days' notice by email.

7.11 Fees on refunds and disputes.

• When any Ticket is refunded, the full amount the Buyer paid for it (including any Buyer Fee) is returned to the Buyer and recovered from your Stripe Account.
• If a Ticket is refunded by the Buyer under the Standard Refund Policy (Section 9.1), or by HMNTY for a reason that is not your fault (Section 9.6(c) or (d), where the fraud or error was not yours), HMNTY returns the HMNTY Fee on that Ticket to you. The Processing Fee is not returned, because the payment processor does not return its fee on refunds.
• For all other refunds (including refunds because you cancel, change or fail to hold your Event, refunds you choose to issue, and refunds under Section 9.6(a), (b) or (e)) and for chargebacks, Fees are not returned to you.

7.12 Fee changes.

• HMNTY may change the Fees, or introduce new fees, by giving you at least 30 days' notice by email to the address on your account, and in the App.
• A change applies only to Orders whose checkout starts on or after the date it takes effect.
• HMNTY may reduce Fees at any time without notice.
• A Fee increase will not apply to Orders for an Event that you published, and that had at least one Ticket sold, before HMNTY sent the notice, if the Event takes place within 90 days after the increase takes effect.
• Changes do not shorten a launch waiver under Section 7.5.
• If you do not agree to a change, you may stop selling new Tickets, or end these Host Terms under Section 20.1, before it takes effect, at no cost to you. Tickets already sold remain subject to the Fees in effect when their checkout started.

8. Payments and payouts

8.1 Stripe Account.

• To receive Net Proceeds you must open and keep a Stripe Account through the App, and agree to Stripe's terms.
• You authorize HMNTY to:
  • create and manage your Stripe Account settings, including your payout schedule (which HMNTY may set to manual payouts released by HMNTY);
  • cause Ticket proceeds to be transferred to it;
  • deduct Fees; and
  • reverse transfers, pause payouts, keep a reserve and recover Recoverable Amounts, as these Host Terms describe.
• You authorize Stripe to share information about your Stripe Account and transactions with HMNTY.

8.2 When funds move.

• When a Buyer pays, the amount charged is transferred to your Stripe Account at the moment of the charge, and the Fees go to HMNTY at the same time. The money is then in your Stripe Account balance, held by Stripe.
• HMNTY sets your payout schedule. Stripe controls identity verification, its own risk reviews, any initial delay it imposes on new accounts, and the time it takes for money to reach your bank.
• Payout schedule:
  • Net Proceeds from each Event stay in your Stripe Account and are paid out to your bank 2 days after the Event End. Your bank may take 1 to 2 more business days to show the deposit.
  • For a Series, the Event End is the end of its last session.

8.3 Holds, pauses and reserves. HMNTY may do any of the following if HMNTY reasonably believes it is needed:

• pause payouts from your Stripe Account;
• change your payout schedule, for example to wait longer after an Event ends before paying out; or
• require a reserve. A reserve is an amount kept in your Stripe Account and not paid out, up to the amount HMNTY reasonably estimates it may need to cover refunds, chargebacks and other Recoverable Amounts for your upcoming and recent Events.

HMNTY may do this, for example, when:

• (a) you are a new Host, or your Event is large or far in the future;
• (b) you have high refund, complaint or dispute rates;
• (c) we suspect fraud, a violation of these Host Terms, or that an Event will not take place as listed;
• (d) Stripe, a card network or law requires it; or
• (e) your account is suspended or terminated.

How HMNTY will act.

• A pause or reserve will be no larger, and last no longer, than HMNTY reasonably needs for the risk involved.
• HMNTY will tell you about a pause or reserve, and the general reason, within 2 business days after it starts, unless law, Stripe, a card network or a fraud investigation prevents it.
• You may ask HMNTY to review a pause or reserve by emailing support@hmnty.app with any information you want considered. HMNTY will respond within 10 business days.
• HMNTY will release the funds when the reason ends, less any Recoverable Amounts.
• Outside date. Funds from an Event will be released no later than 120 days after its Event End, except:
  • (a) amounts equal to chargebacks still open on that Event, which are released when each is resolved;
  • (b) where law, a court order or a government authority requires a longer hold; or
  • (c) after suspension or termination, where Section 20.5 applies instead.
• A suspected violation or an internal review alone never extends a hold beyond 180 days after the Event End.

8.4 Incorrect payments.

• If you are paid too much or by mistake, you must repay it.
• HMNTY may correct the error by adjusting future payouts.

8.5 Your bank details.

• You are responsible for giving Stripe accurate bank information.
• If a payout fails, Stripe may hold the funds until you fix your details.

8.6 Amounts you owe HMNTY ("Recoverable Amounts"). You owe HMNTY, and HMNTY may recover:

• (a) the amount of any refund of your Tickets that is not fully funded by reversing the related transfer;
• (b) disputed amounts and Dispute Fees under Section 10;
• (c) fines, penalties or assessments imposed by Stripe or a card network because of your Events or conduct;
• (d) taxes HMNTY is required to pay or collect because of your sales, to the extent not collected from the Buyer;
• (e) any negative balance in your Stripe Account, including one caused by a refund or dispute after a payout; and
• (f) any other amount you owe under these Host Terms.

8.7 How HMNTY recovers. HMNTY may recover Recoverable Amounts by any one or more of the following:

• (a) reversing the transfer for the affected Order, or transfers for other Orders, from your Stripe Account;
• (b) withholding the amount from the proceeds of your future Orders, for any of your Events, before they are transferred to you (set-off);
• (c) using any reserve, or the balance of your Stripe Account;
• (d) allowing your Stripe Account balance to become negative. Stripe may then recover the negative balance from your bank account where your agreement with Stripe allows. HMNTY itself will not debit your bank account directly; or
• (e) invoicing you. You must pay an invoice within 15 days.

Additional rules:

• HMNTY will show you, in the App or by email, each amount it recovers and the reason.
• Questioning an amount. You may dispute a recovery or an invoice by emailing support@hmnty.app within 60 days after HMNTY tells you about it. HMNTY will review it in good faith and respond within 15 business days. If HMNTY agrees it was wrong, HMNTY will return the amount within 5 business days. Disputing an amount does not stop recovery of other, undisputed amounts.
• Interest. Undisputed amounts unpaid more than 15 days after an invoice bear simple interest at the lesser of 1% per month or the highest rate the law allows.
• Collection costs (mutual). If either party fails to pay an undisputed amount it owes under these Host Terms within 30 days after a written demand, the party owed may recover its reasonable costs of collecting it, including reasonable attorneys' fees, to the extent the law allows. This applies equally to Recoverable Amounts you owe HMNTY and to Net Proceeds HMNTY has failed to cause to be transferred to you.

8.8 Negative balances. Because Ticket charges are made on HMNTY's platform account, HMNTY is responsible to Stripe for any negative balance in your Stripe Account. That is why these Host Terms let HMNTY pause payouts, keep reserves and recover Recoverable Amounts. Your responsibility to HMNTY for a negative balance is not reduced because HMNTY has paid it to Stripe.

8.9 Unclaimed funds.

• If HMNTY cannot deliver money owed to you or to a Buyer (for example, a refund to a closed card fails and the money is returned to HMNTY, or your Stripe Account is closed with a balance), HMNTY will try to contact the person entitled to it, using the contact details HMNTY has.
• If the money remains unclaimed, HMNTY will deal with it as required by applicable unclaimed-property laws, which may require HMNTY to send it to a state.
• HMNTY does not charge dormancy or inactivity fees.

9. Refunds, cancellations and changes

9.1 HMNTY Standard Refund Policy. Until HMNTY offers a feature that lets you set your own refund policy, the HMNTY Standard Refund Policy applies to every Ticket you sell, except as stated in (d). As of the effective date of these Host Terms:

• (a) A Buyer may refund an unused Ticket in the App until the Event's scheduled start time. The refund is processed automatically, without your approval.
• (b) After the start time, a Buyer cannot refund in the App. Refunds are then at your discretion, subject to Sections 9.3 to 9.6 and the law.
• (c) A refund is for the full amount the Buyer paid for that Ticket, including any Buyer Fee for that Ticket. Tickets that have been scanned cannot be refunded by the Buyer in the App.
• (d) Series enrollments: Buyers cannot refund a Series enrollment in the App, and individual enrollments cannot currently be refunded in the App by you either. Refund requests for a single enrollment go to support@hmnty.app (Section 9.2). Cancelling a Series refunds every enrollment (Section 9.3).

You may offer Buyers a more generous refund policy and state it in your Listing. While the Standard Refund Policy is in effect, you may not state a less generous one. HMNTY will give you at least 30 days' notice by email before changing the Standard Refund Policy in a way that is less favorable to you, and the change will apply only to Tickets whose checkout starts after it takes effect. The buyer-facing Terms of Service will describe the same policy.

9.2 Refunds you issue.

• You may refund any paid, unused Ticket in the App at any time.
• To refund a single Series enrollment, contact support@hmnty.app. HMNTY will process it for you and recover it from you.
• You are responsible for honoring any refund policy you advertise, and any refund required by law.

9.3 Cancelling your Event.

• If you cancel an Event, you must cancel it in the App. Do not just delete or edit the Listing.
• When you cancel an Event or a Series in the App, every paid Ticket for it, including Tickets already scanned, is refunded in full automatically, including any Buyer Fee. Buyers are notified, and the refunds are recovered from your Stripe Account.
• For very large Events, some refunds may need to be finished manually. You authorize HMNTY to complete them.
• Recurring Events: cancelling the repeating schedule of a Recurring Event in the App does not currently refund Tickets already sold for its future dates. To cancel paid dates, cancel each date individually in the App, or contact support@hmnty.app so HMNTY can refund them for you.

9.4 Postponements and material changes.

• If you postpone, reschedule, relocate, or materially change an Event, you must:
  • (a) update the Listing promptly;
  • (b) tell Ticket holders as soon as practical, using the App's messaging tools or another reliable method; and
  • (c) give every Ticket holder who does not wish to attend under the changed terms a full refund on request. The request may be made before the rescheduled Event or within 14 days after your notice, whichever is later.
• A change is "material" if a reasonable Buyer would consider it significant. Examples include:
  • a change of date;
  • a change of start time of more than 2 hours;
  • a move to a different venue more than 15 miles away;
  • the loss of a headline performer or instructor; or
  • a significant reduction in what was advertised.
• Outside date. If you postpone an Event and do not set a new date within 60 days after the original date, or set a new date more than 90 days after the original date, the Event is treated as cancelled. HMNTY may then refund all Ticket holders under Section 9.3, unless a Ticket holder has agreed to keep their Ticket.
• HMNTY's App does not currently have a dedicated postponement feature.

9.5 Events that do not happen. If an Event does not take place as listed and you have not cancelled it in the App, HMNTY may treat it as cancelled and refund Buyers under Section 9.3. Examples include you not showing up, the venue being unavailable, or the Event being shut down.

9.6 Refunds HMNTY may issue for you. HMNTY may refund any Ticket, in full or in part, and recover the amount from you, if HMNTY reasonably determines that:

• (a) the Event was cancelled, did not occur, or was materially different from the Listing;
• (b) the Ticket holder was wrongly refused entry;
• (c) the refund is needed to resolve a Buyer complaint, prevent or settle a dispute, or comply with law, Stripe, or card-network rules;
• (d) the sale involved fraud or error; or
• (e) HMNTY removed your Event or suspended your account under these Host Terms.

Where practical, HMNTY will tell you before refunding under (b) or (c).

9.7 Deleting your HMNTY account.

• If you delete your HMNTY account, all of your Events are cancelled and all paid Tickets for them are refunded in full. Your Stripe Account connection is then closed.
• Today this includes Tickets for Events that have already taken place.
• The refunded amounts are Recoverable Amounts.
• Before deleting your account, contact support@hmnty.app if you have upcoming or recent paid Events.

9.8 Fees on refunds. See Section 7.11.

10. Chargebacks and payment disputes

10.1 What happens.

• A Buyer may dispute a charge with their card issuer (a "chargeback").
• Because Ticket charges are processed on HMNTY's platform account, the dispute is raised against HMNTY. Stripe immediately takes the disputed amount and a dispute fee from HMNTY.
• HMNTY will notify you in the App. A dispute on an Order covers every Ticket in that Order.

10.2 Evidence and your cooperation.

• Disputes on your Tickets cannot be answered from your own Stripe Account. Send evidence to support@hmnty.app, quoting the Ticket or Order.
• When HMNTY asks, you will promptly provide evidence that the Buyer received what was paid for. Examples include check-in records, your Listing as it appeared at purchase, communications with the Buyer, and your refund policy.
• You must provide it within the time HMNTY specifies, usually 5 business days, so HMNTY can respond within the card network's deadline.
• HMNTY decides whether and how to respond to a dispute. HMNTY will give you a chance to provide evidence before accepting a dispute, unless the deadline does not allow it or the disputed amount is less than the cost of contesting it.
• You may ask HMNTY not to contest a dispute. HMNTY will then accept it, and no contest fee will apply.

10.3 Your liability. For each dispute about one of your Tickets, you owe HMNTY:

• (a) the disputed amount;
• (b) Stripe's dispute fee (currently $15 in the U.S.);
• (c) if HMNTY contests the dispute and loses, Stripe's fee for contesting it (currently $15 in the U.S., and refunded by Stripe if the dispute is won); and
• (d) any related card-network fines.

10.4 Timing of recovery.

• HMNTY may recover the disputed amount and the dispute fee when the dispute is opened, using any method in Section 8.7.
• If the dispute is decided in HMNTY's favor, HMNTY will return to you the disputed amount it recovered, and any contest fee Stripe refunds.
• If the dispute is lost or accepted, the amounts are final Recoverable Amounts. Fees on the disputed Order are not returned (Section 7.11).

10.5 Excessive disputes. Card networks monitor dispute rates across all of HMNTY's sales. If your dispute or refund rates are high, HMNTY may:

• impose pauses or reserves (Section 8.3);
• limit your ability to sell Tickets; or
• suspend your account.

11. Taxes

11.1 Your responsibility. Except as stated in Section 11.2, you are solely responsible for determining, collecting, reporting and paying all taxes on your Ticket sales and Events. These include:

• sales, use, admissions, amusement, entertainment and excise taxes;
• local ticket or venue taxes; and
• income taxes on your proceeds.

HMNTY does not currently calculate, add, collect or remit any of these taxes. The App does not add tax at checkout. The Ticket price you set (plus any Buyer Fee) is the total the Buyer pays. If you owe tax on a sale, you are responsible for it out of that price.

11.2 When HMNTY must collect tax as a marketplace.

• Some states require an online marketplace that facilitates sales, including sales of admissions, to collect and remit sales tax on those sales once the marketplace's sales into that state pass a threshold. Iowa and Nebraska, for example, tax admissions and have marketplace-facilitator laws.
• Where HMNTY is, or reasonably determines that it is, required to collect tax on your Ticket sales, you authorize HMNTY to:
  • calculate, collect and remit that tax;
  • add it to the Buyer's total at checkout, shown separately before payment; and
  • recover from you any such tax HMNTY must pay but did not collect from the Buyer.
• HMNTY will tell you at least 30 days before it starts collecting tax on your Events, unless law requires it to start sooner.
• For any sale on which HMNTY collects and remits tax, you must not also collect that tax from the Buyer. You remain responsible for any other taxes on your Events.
• You will give HMNTY the information it reasonably needs for this, including any claim that you or your Event is exempt and supporting documents. You are responsible for any tax, penalty or interest that results from inaccurate exemption information you provide.

11.3 Information reporting (Form 1099-K).

• For Ticket and Sponsorship payments made through the App to U.S. Hosts, HMNTY is responsible for filing Form 1099-K where federal or state law requires it, using Stripe's tax-reporting service and the tax information you give Stripe. Hosts outside the United States: see Section 3.6(e).
• Under current federal law a Form 1099-K is required if, in a calendar year, your payments are more than $20,000 and come from more than 200 transactions. Some states require reporting at lower amounts.
• The amount reported is the gross amount of payments. It is not reduced by Fees, refunds or chargebacks.
• Your form will be sent to the name and taxpayer identification number on your Stripe Account. If you sell as a business, make sure your Stripe Account is set up in the business's name with its EIN.
• You will provide accurate tax information when asked.
• HMNTY or Stripe may withhold payouts where law requires it, for example federal backup withholding when a taxpayer ID is missing or incorrect.

11.4 No tax advice. HMNTY does not give tax advice. Consult your own tax advisor.

12. Tickets, admission, scanning and staff

12.1 Tickets.

• Each Ticket admits one person and has its own QR code.
• Tickets are delivered to the Buyer in the App. Buyers can also add them to Apple Wallet or Google Wallet. These passes are issued under HMNTY's name and show your Event details and host name.
• HMNTY does not offer a feature to transfer or resell Tickets.

12.2 Honoring Tickets.

• You must admit the holder of every valid Ticket to the Event as listed.
• A valid Ticket is one that the App's scanner shows as valid and that has not already been scanned, refunded or charged back.

12.3 Scanning.

• Use the App's scanner to check Tickets in. Scanning marks a Ticket as used; a Ticket scanned a second time shows as already scanned.
• The scanner needs an internet connection and does not work offline. Plan for connectivity problems at your venue.
• Wallet passes do not update after they are issued. A pass for a refunded Ticket may still appear on a phone, so always scan; do not accept a pass by sight.
• You are responsible for admission decisions. If you manually re-admit or reverse a check-in, you are responsible for the result.

12.4 Fraud at the door.

• You are responsible for reasonable precautions against copied or shared QR codes, such as scanning every Ticket.
• HMNTY is not liable for admission of unauthorized people or for Tickets copied by screenshot.

12.5 Staff access.

• You may give door staff scanning access using a staff code from the App.
• Anyone with your staff code can join as staff. Treat it like a password, share it only with people you trust, and change it or remove staff in the App if it is exposed.
• Staff see limited Attendee information at check-in: name, ticket type and ticket number.
• You are responsible for the acts and omissions of everyone you give staff access to, as if they were your own.

12.6 Free RSVPs.

• For free Events, the App records RSVPs, not Tickets.
• HMNTY does not guarantee RSVP numbers or attendance.

12.7 Resold or transferred Tickets.

• Some state laws protect a ticket holder's right to resell or give away a ticket, and limit an organizer's right to refuse entry because a ticket was resold (for example Colorado, C.R.S. § 6-1-718). Where such a law applies to your Event, you must follow it, and you must not refuse entry to the holder of a valid, unscanned Ticket solely because it was resold or transferred.
• You remain responsible for your other stated admission requirements, such as age limits (Section 6.4).

13. Attendee Data

13.1 What you receive. To run your Event, the App shows you certain Attendee Data. Today this includes:

• for free Events, the display names, profile photos and HMNTY user IDs of people who RSVP;
• for paid Events, Buyers' display names, profile photos and HMNTY user IDs, and each Ticket's type, number, price, status (including refund and dispute status), check-in status and payment reference number;
• for eligible plans, an export of attendee names, cities and IDs; and
• messages Attendees post in your Event chat.

HMNTY does not give you Buyers' card details, email addresses or phone numbers through the App.

13.2 Permitted use. You may use Attendee Data only to:

• (a) admit Attendees and run the Event;
• (b) provide customer service and handle refunds;
• (c) protect safety and security;
• (d) comply with law; and
• (e) communicate with Attendees about your Events through the App's messaging tools, subject to their settings.

13.3 Prohibited use. You will not:

• (a) sell, rent, lease, trade or otherwise disclose Attendee Data to anyone, except your service providers acting for you under confidentiality obligations, or where law requires;
• (b) add Attendees to email, SMS, phone or other marketing lists, or send them marketing messages outside the App, unless they have separately and directly given you permission that meets applicable law;
• (c) scrape, copy in bulk, or combine Attendee Data with other data to build profiles;
• (d) use Attendee Data to discriminate unlawfully, harass anyone, or contact someone who has blocked or muted you;
• (e) re-identify or track Attendees outside your Events; or
• (f) use Attendee Data to guess or record sensitive facts about Attendees (for example health, religion, sexual orientation or immigration status) from the Events they attend, except as needed to meet an Attendee's own request, such as an accessibility request; or
• (g) use Attendee Data in a way that contradicts what HMNTY's Privacy Policy tells users about hosts, or that breaks the law.

13.4 Your role under privacy laws.

• HMNTY gives you Attendee Data because the Attendee asked to attend your Event. HMNTY does not sell Attendee Data to you, and you do not pay HMNTY for it.
• For the Attendee Data you receive, you are a separate business that decides how to use it within these Host Terms (under state privacy laws, a "controller" or "business"). You are not HMNTY's service provider or processor, and HMNTY is not yours.
• If a privacy law applies to you (for example the California Consumer Privacy Act; the Iowa, Nebraska, Colorado or Minnesota consumer data privacy laws; or, outside the United States, laws such as the EU or UK General Data Protection Regulation or Canada's PIPEDA), you are responsible for meeting it for the data you hold, including answering Attendees' requests about that data.
• Information a person gives you directly outside the App (for example on your own sign-up form) is not Attendee Data, but privacy law still applies to it. If you collect information directly from Attendees, give them your own privacy notice where law requires.
• Any marketing you send must comply with the CAN-SPAM Act (including a working unsubscribe option), the Telephone Consumer Protection Act (which generally requires a person's prior express written consent before you send them marketing texts or automated calls), do-not-call rules and similar state laws.

13.5 Security and incidents.

• You will protect Attendee Data with reasonable administrative, technical and physical safeguards.
• You will notify HMNTY at support@hmnty.app within 72 hours of discovering any unauthorized access to, or disclosure of, Attendee Data in your possession.
• You will cooperate with HMNTY's response, and you will give any notice to affected people or regulators that the law requires of you (for example under Iowa Code chapter 715C).

13.6 Retention and deletion.

• You will delete Attendee Data you exported or copied once you no longer need it for the purposes in Section 13.2, except records you must keep by law (such as tax records).
• You will also delete it within 30 days after HMNTY asks, or after these Host Terms end.
• If an Attendee contacts you about their HMNTY data, refer them to support@hmnty.app.

13.7 HMNTY's data.

• HMNTY's collection and use of personal information, including about Attendees and about you, is governed by the HMNTY Privacy Policy.
• HMNTY may use data about Events and transactions, including in aggregated or de-identified form, to operate, secure, analyze and improve the App.

14. Messaging Attendees

14.1 Announcements.

• Eligible plans can send announcements to past Attendees through the App. Today these are push notifications and in-app messages only, with limits on length, frequency and audience.
• Announcements are screened before sending and may be blocked.
• Attendees can opt out of announcements or mute you.

14.2 Rules.

• Messages must be truthful and relevant to your Events.
• Messages must comply with these Host Terms, the Community Guidelines and law.
• You may not use the messaging tools for spam, unrelated advertising, or to get around an opt-out.

14.3 Event chat. If your Event has a group chat, you are responsible for what you post there, and you must follow the Community Guidelines.

15. Content and intellectual property

15.1 Your content.

• You keep ownership of the content you provide, such as your Listing text, images, logos, trademarks and business name ("Host Content").
• You grant HMNTY and its affiliates a non-exclusive, worldwide, royalty-free, sublicensable (to service providers and distribution partners) license to use, reproduce, display, adapt (for example to format, crop or translate), distribute and publicly perform Host Content. HMNTY may use it:
  • (a) to operate the App and display your Events; and
  • (b) to promote your Events and HMNTY, including on HMNTY's website, in emails and newsletters, on social media, in advertising, and in press materials.
• This license lasts while your content is on the App, plus a reasonable period to remove it from active marketing. It continues indefinitely for materials already published or distributed, such as a sent email or a printed piece, and for archival and legal records.

15.2 Your name and logo. You allow HMNTY to identify you, by name and logo, as a host or partner on HMNTY. This includes in partner lists, case studies and marketing. You may withdraw this permission for new materials by emailing support@hmnty.app.

15.3 Your promises about content. You represent and warrant that:

• (a) you own or have all rights needed to grant the licenses in this Section;
• (b) Host Content does not infringe or violate anyone's intellectual property, publicity, privacy or other rights;
• (c) you have consent from every identifiable person shown in your images; and
• (d) Host Content complies with law and the Community Guidelines.

15.4 Attendee content.

• Attendees may post photos, videos, reviews and comments about your Events in the App, for example through Live Moments, chat and host reviews.
• That content belongs to the people who post it and is governed by the Terms of Service.
• HMNTY is not responsible for it, but you may report content that violates the Community Guidelines.
• If you obtain an Attendee's permission to reuse their content outside the App, that permission is between you and them.

15.5 HMNTY's property.

• HMNTY owns the App, its software, design, data compilations, and the HMNTY name and logos.
• You may use the HMNTY name and logo only to tell people your Event is available on HMNTY, in a way that does not suggest HMNTY sponsors or endorses you, and following any brand guidelines HMNTY provides.
• You may not copy, reverse engineer, scrape or interfere with the App.

15.6 Copyright complaints. Copyright complaints are handled under the Terms of Service. HMNTY will terminate repeat infringers.

15.7 Feedback. If you send HMNTY ideas or suggestions, HMNTY may use them without obligation to you.

16. Listings from public sources, booking links, and affiliate commissions

16.1 Listings HMNTY creates.

• HMNTY may list events from public sources and ticketing partners (for example Ticketmaster) so users can discover them, including events whose organizers do not use HMNTY.
• Those listings link to the organizer's or partner's own booking page. HMNTY does not sell those tickets.
• If such a listing describes your event and you want it corrected, linked to your account, or removed, email support@hmnty.app. HMNTY will respond within a reasonable time.

16.2 Affiliate links.

• HMNTY may add affiliate or tracking codes to outbound booking links, including links you provide, where an affiliate program exists for the destination site. HMNTY may earn a commission on purchases made through those links.
• The commission belongs to HMNTY. It does not change the price the purchaser pays, and it does not reduce what you receive from your booking provider.
• You may not alter or strip HMNTY's tracking codes from links displayed in the App.

17. Promotion, placement, badges and reviews

17.1 No guaranteed results.

• Boosts, featured placements, ad credits, push notifications and other promotion improve visibility within the App's ranking and display rules. They do not guarantee any number of views, clicks, Ticket sales or Attendees.
• Placement also depends on factors such as location, timing, relevance, user settings and other content.

17.2 Ranking.

• HMNTY decides how Events are ranked and displayed and may change its methods at any time.
• Factors may include location, timing, relevance, Host verification, ratings, badges and paid promotion.
• HMNTY labels paid placements (boosts, sponsored placements and ad-credit placements) as promoted or sponsored.

17.3 Badges and programs.

• Badges (such as verification or Founding Partner badges) and partner programs are offered at HMNTY's discretion, under the criteria HMNTY sets.
• Where HMNTY has told you in writing that a badge is permanent, HMNTY will keep showing it as long as your account remains in good standing and HMNTY continues to display that type of badge.
• HMNTY may remove a badge if you breach these Host Terms.

17.4 Reviews and ratings.

• Attendees may rate and review you, and ratings may be shown publicly and used in ranking.
• You may not post, buy, or arrange fake reviews, or offer incentives for positive reviews.
• You may not retaliate against Attendees for honest reviews, try to stop or remove honest reviews by threats or intimidation, ask only satisfied Attendees to leave reviews, or have staff, relatives or other insiders review you without clearly disclosing the relationship. These rules follow the FTC's rule on consumer reviews (16 C.F.R. Part 465).
• HMNTY does not remove a review because it is negative.
• You may report reviews that violate the Community Guidelines. HMNTY decides whether to remove them.

18. Analytics

18.1 HMNTY may show you statistics about your Events, such as views, booking-link taps, Ticket sales and revenue.

• These statistics are estimates, provided for information only.
• They may be incomplete, delayed or inaccurate. For example, they may count only signed-in users or count each user once per day.
• Rely on your Stripe records for financial reporting.

18.2 HMNTY does not guarantee the accuracy or availability of analytics, and is not responsible for decisions you make based on them. For any question about money owed between you and HMNTY, Stripe's transaction records control, not the analytics.

19. Confidentiality

Each party may receive non-public information from the other, such as:

• your individual fee arrangements or waivers;
• HMNTY's non-public product, security or business information; and
• Attendee Data.

The receiving party will use such information only for purposes of these Host Terms, will protect it with reasonable care, and will not disclose it except:

• to people who need to know it and are bound by confidentiality; or
• as required by law, after giving notice where lawful.

Information that is public, already known, independently developed, or lawfully received from a third party without restriction is not confidential. Attendee Data is also governed by Section 13.

20. Suspension and termination

20.1 Ending these Host Terms yourself.

• You may end these Host Terms at any time by emailing support@hmnty.app from the email address on your account.
• The end takes effect when every Event for which Tickets have been sold has either taken place or been cancelled in the App with Buyers refunded. Until then, these Host Terms continue to apply to those Events.
• You may also close your HMNTY account under the Terms of Service. Section 9.7 then applies.

20.2 Ending these Host Terms by HMNTY for any reason. HMNTY may end these Host Terms for any reason by giving you at least 30 days' notice by email. Events with Tickets sold before the notice may go ahead as listed, and HMNTY will continue to process them under these Host Terms, unless Section 20.3 applies.

20.3 Suspension or termination for cause. HMNTY may suspend or limit your ability to list Events, sell Tickets or receive payouts, or may end these Host Terms or your account, if:

• (a) you materially breach these Host Terms, the Terms of Service or the Community Guidelines, or breach them repeatedly;
• (b) HMNTY reasonably suspects fraud, illegal activity, or a risk to the safety of any person;
• (c) Stripe closes or restricts your Stripe Account, or a card network or Stripe requires HMNTY to act;
• (d) law, a court or a government authority requires it; or
• (e) HMNTY stops offering ticketing, in which case it will give at least 30 days' notice where practical.

Chance to fix. If a breach can be fixed and does not involve fraud, illegal activity, safety, harm to Attendees, or a requirement of Stripe, a card network or law, HMNTY will first tell you what is wrong and give you 10 days to fix it before acting under (a).

20.4 Notice of the decision and review.

• When HMNTY suspends, limits or terminates you under Section 20.3, it will tell you by email, at the time or within 2 business days after, unless law, a government authority or a safety or fraud concern prevents it:
  • what action it took;
  • the reason, including the conduct concerned and the term it relates to; and
  • how to ask for a review.
• You may ask for a review by emailing support@hmnty.app within 30 days, with any information you want considered. Where practical, someone who did not make the original decision will review it. HMNTY will respond within 15 business days, and will lift or reduce the action if the review finds it was not justified.
• Asking for a review does not pause the action. It does not limit your rights under Section 27.

20.5 Effect on Events and funds. On suspension or termination under Section 20.3:

• HMNTY may cancel your upcoming Events and refund Buyers (Section 9.6) where it reasonably considers this necessary to protect Buyers, Attendees or HMNTY. Otherwise, where practical, it will let Events with Tickets already sold go ahead.
• HMNTY may pause payouts from your Stripe Account and keep your proceeds there for up to 180 days after the Event End of your last Event, to cover refunds, chargebacks and other Recoverable Amounts. After that, it may keep only amounts equal to chargebacks still open, until each is resolved, and any amount law or a court requires it to keep.
• Within 10 business days after the hold ends, HMNTY will release the remaining balance owed to you and give you a statement of the amounts it kept or recovered.

20.6 Survival. These survive the end of these Host Terms:

• Sections 1.6, 1.7, 2, 4.2 (for Orders and Sponsorships already processed), 6.10 (for incidents during the term), 7.11, 8.3 (for funds already held), 8.4 to 8.9, 9.6, 9.7, 10, 11, 13, 15.1 (for materials already published), 15.3, 15.7, 19, 20.5, 20.6, 21, 22, 23, 26, 27, 28 and 30; and
• any other terms that by their nature should survive.

21. Disclaimers

21.1 "As is."

• EXCEPT FOR HMNTY'S EXPRESS COMMITMENTS IN THESE HOST TERMS, THE APP AND ITS HOSTING FEATURES (INCLUDING PAYMENT COLLECTION, SCANNING, WALLET PASSES, MESSAGING, ANALYTICS AND PROMOTION) ARE PROVIDED "AS IS" AND "AS AVAILABLE."
• TO THE FULLEST EXTENT THE LAW ALLOWS, HMNTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
• This Section does not reduce HMNTY's express commitments in these Host Terms, including its obligations in Sections 4.2, 7, 8, 9 and 10.

21.2 No guarantees. HMNTY does not guarantee:

• that you will sell any Tickets;
• any level of attendance, visibility or revenue;
• that Buyers or Attendees are who they say they are or are of any particular age; or
• the conduct of Buyers, Attendees or other users.

21.3 Third parties. HMNTY is not responsible for:

• Stripe, Apple, Google, venues, ticketing partners or other third parties; or
• outages of their services, including any interruption in payments, payouts or wallet passes.

This does not reduce HMNTY's own obligations under Section 4.2.

21.4 Your Events. HMNTY is not responsible for your Events or for what happens at them or because of them. This includes injuries, illness, death, losses, property damage, alcohol-related harm, the acts of Attendees or other people at an Event, and disputes between you and Attendees, venues, vendors, performers or sponsors. This Section does not excuse HMNTY's own negligence, which is subject only to Section 22.

22. Limitation of liability

22.1 No indirect damages (mutual). TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER YOU NOR HMNTY (NOR HMNTY'S MEMBERS, MANAGERS, EMPLOYEES OR AGENTS) WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST TICKET SALES, LOSS OF GOODWILL OR LOSS OF DATA, even if told such damages were possible.

22.2 Cap on HMNTY's liability. TO THE FULLEST EXTENT THE LAW ALLOWS, HMNTY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE HOST TERMS OR THE APP WILL NOT EXCEED THE GREATER OF:

• (a) THE TOTAL FEES HMNTY KEPT FROM YOUR ORDERS AND SPONSORSHIPS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM; OR
• (b) $500.

22.3 What these limits do not cover. Sections 22.1 and 22.2 do not apply to:

• (a) HMNTY's obligation to cause Net Proceeds it has actually collected, and that are owed to you, to be transferred to you, or to return amounts it recovered from you in error;
• (b) your obligation to pay Fees and Recoverable Amounts;
• (c) each party's obligations under Section 23 (Indemnification), subject to the limit in Section 23.5;
• (d) your breach of Section 13 (Attendee Data) or either party's breach of Section 19 (Confidentiality), or either party's infringement or misuse of the other's intellectual property;
• (e) liability for fraud, gross negligence, or willful, wanton or reckless misconduct;
• (f) liability for death or bodily injury caused by a party's negligence; or
• (g) any other liability that cannot be limited or excluded by law.

22.4 Scope. These limits apply to every kind of claim, whether in contract, tort (including negligence), strict liability, under a statute or otherwise, and including claims based on the negligence of the party whose liability is limited. They reflect the allocation of risk between the parties, which is reflected in the Fees, and apply even if a limited remedy fails of its essential purpose.

23. Indemnification

23.1 Your obligation. You will defend HMNTY and its members, managers, employees and agents (the "HMNTY Parties") against any claim, demand, suit or proceeding brought by a third party, including a Buyer, Attendee, venue, sponsor, government authority, card network or Stripe (a "Third-Party Claim"), and you will pay the resulting losses, damages, judgments, fines, penalties, settlements, and costs, including the costs of defending the Third-Party Claim (such as reasonable attorneys' fees, expert fees and court or arbitration costs) and any settlement made under Section 23.3, to the extent the Third-Party Claim arises out of or relates to:

• (a) your Events, including anything that happens at an Event or because of it: for example bodily injury, death, illness, property damage, alcohol-related harm, the conduct of Attendees, staff or other people present, or any other loss suffered by any person;
• (b) your Listings or Host Content, including any claim that they infringe or violate a third party's rights;
• (c) your breach of these Host Terms, or your violation of any law or third-party right;
• (d) taxes on your sales, proceeds or Events, other than tax HMNTY collected from the Buyer and failed to remit;
• (e) your collection, use, disclosure or security of Attendee Data;
• (f) refunds, chargebacks or complaints relating to your Events;
• (g) your agreements with venues, sponsors, vendors, performers or staff; or
• (h) the acts or omissions of your staff, contractors, performers and anyone you give staff access to.

Exception. Your obligation is reduced to the extent the Third-Party Claim results from an HMNTY Party's breach of these Host Terms, negligence, or willful misconduct, or from content, prices or statements HMNTY created or displayed without your involvement. This means you do not indemnify HMNTY for HMNTY's own negligence.

Claims that also blame HMNTY. If a Third-Party Claim arises out of your Event but also alleges that an HMNTY Party was negligent, you still defend it under Section 23.3. Once fault is finally decided (by a judgment, an arbitration award, or a settlement both parties agree allocates fault), HMNTY will pay, or repay you for, the share of the losses and defense costs that matches HMNTY's share of the fault.

No insurance needed for this. Your obligations under this Section 23 apply whether or not you carry insurance (Section 6.8).

23.2 HMNTY's obligation. HMNTY will defend you against any Third-Party Claim, and pay the resulting losses, damages, fines, penalties, settlements, costs and reasonable attorneys' fees, to the extent the Third-Party Claim arises out of:

• (a) an allegation that the App itself (not including Host Content, Attendee content or third-party services) infringes a U.S. patent, copyright or trademark, or misappropriates a trade secret;
• (b) prices, fees, refund terms or other statements that HMNTY itself displayed to Buyers in the App, to the extent they were not based on information you supplied; or
• (c) HMNTY's violation of law in collecting Buyer payments or in securing the App's systems.

23.3 Procedure.

• Notice. The party seeking defense (the "Indemnified Party") will notify the other party (the "Indemnifying Party") promptly in writing. A delay relieves the Indemnifying Party only to the extent it is prejudiced by the delay.
• Control of the defense. The Indemnifying Party will control the defense and settlement, with counsel reasonably acceptable to the Indemnified Party, if it confirms in writing within 15 days after the notice that it will defend. The Indemnified Party may take part with its own counsel at its own expense.
• When HMNTY may control. Even where you are the Indemnifying Party, HMNTY may control the defense itself, and you will pay its reasonable costs of doing so, if:
  • (i) the Third-Party Claim is brought by a government authority, a card network or Stripe;
  • (ii) it seeks an injunction or other non-monetary relief against an HMNTY Party, or could affect other Hosts or the operation of the App;
  • (iii) it alleges criminal conduct by an HMNTY Party; or
  • (iv) you do not confirm or diligently conduct the defense.
• Settlement. The Indemnifying Party may not settle a Third-Party Claim without the Indemnified Party's written consent (not to be unreasonably withheld) if the settlement admits fault by the Indemnified Party, imposes any obligation on it other than a payment the Indemnifying Party makes in full, or does not fully release it.
• Cooperation. The Indemnified Party will reasonably cooperate, at the Indemnifying Party's expense.

23.4 Other rights. Indemnification is in addition to any other rights a party has under these Host Terms, including HMNTY's right to recover Recoverable Amounts.

23.5 Limit on HMNTY's indemnity. HMNTY's total liability under Section 23.2 will not exceed the greater of $25,000 or three times the amount in Section 22.2(a). This limit does not apply to Third-Party Claims that result from HMNTY's fraud, gross negligence, or willful, wanton or reckless misconduct.

24. Insurance

HMNTY does not require insurance, but strongly recommends it (Section 6.8). Having insurance, or not having it, does not change your responsibility for your Events (Section 4.1) or your obligations under Section 23.

25. Force majeure

Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control. Examples include natural disasters, severe weather, epidemics, government orders, war, terrorism, civil unrest, labor disputes, and failures of utilities, the internet, or third-party services such as Stripe.

This does not excuse your obligation to refund Buyers if an Event does not take place as listed (Sections 9.3–9.5), and it does not excuse refunds that state law requires when an event is cancelled or postponed. It also does not excuse any payment obligation already incurred.

26. Governing law

• These Host Terms are governed by the laws of the State of Iowa, without regard to its conflict-of-laws rules. Section 27 is governed by the Federal Arbitration Act as stated there.
• If the law of the state or country where you live gives you a right that cannot be waived by contract, this Section does not take it away.

27. Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND HMNTY TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS. YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 27.10).

27.1 Talk to us first.

• Before starting any arbitration or court case (other than a request to a court for emergency relief, such as a temporary restraining order), the party with a dispute must send the other a written Notice of Dispute. It must include:
  • the sender's name and, for a Host, the email address on the HMNTY account;
  • a description of the dispute and the facts behind it;
  • the relief sought, including any amount; and
  • the signature (an electronic signature is enough) of the party itself, not only of its lawyer. For HMNTY, a manager or authorized employee signs.
• HMNTY sends its Notice of Dispute to the email address on your account. You send yours as Section 28.2 describes.
• For 30 days after the Notice of Dispute is received, the parties will try in good faith to resolve the dispute. If either party asks, they will hold a call or video meeting during that period, attended by the party itself (and its lawyer, if it wishes). HMNTY will attend through a person with authority to settle.
• Any time limit for bringing the claim, including the one-year limit later in this Section 27, is paused from the day the Notice of Dispute is received until the end of the 30 days.
• A court or the arbitrator may stay or dismiss a proceeding started without following this Section, but only until this Section has been followed.

27.2 Agreement to arbitrate. Except as Section 27.5 provides, you and HMNTY agree to resolve every dispute, claim or controversy between you and HMNTY (including HMNTY's members, managers, employees and agents) by binding arbitration on an individual basis. This covers disputes that:

• arise out of or relate to these Host Terms, the Terms of Service, the App, your Events, Tickets, Fees, payments, payouts, refunds, chargebacks, Sponsorships or your relationship with HMNTY;
• are based on contract, tort (including negligence), statute, fraud, misrepresentation or any other legal theory; and
• arose before you accepted these Host Terms (Section 1.7(d)), or arise after they end.

27.3 Federal Arbitration Act. These Host Terms involve interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 and following) governs this Section 27, including its interpretation and enforcement, despite Section 26. State arbitration law applies only to procedural matters the Federal Arbitration Act does not address.

27.4 Who decides arbitrability. The arbitrator decides every question about the interpretation, scope, applicability or enforceability of this agreement to arbitrate, except that only a court may decide:

• (a) whether the waiver in Section 27.7 is valid, enforceable and applicable to a claim, and the effect of any ruling that it is not;
• (b) whether a claim for public injunctive relief must be decided in court under Section 27.8;
• (c) whether you validly opted out under Section 27.10, or validly rejected a change under Section 27.11; and
• (d) whether a later agreement between you and HMNTY replaced this Section.

27.5 Exceptions: small claims and emergency relief.

• (a) Small claims. Either party may bring an individual claim in small-claims court (in Iowa, a claim of $6,500 or less) in Mills County, Iowa, or in the county in the United States where you live, if the claim qualifies and stays in that court. If a party starts an arbitration for a claim that qualifies for small-claims court, the other party may, before an arbitrator is appointed, require by written notice that the claim go to small-claims court instead. The arbitration will then be closed.
• (b) Emergency relief. Either party may ask a court for a temporary or preliminary injunction to stop infringement or misuse of its intellectual property, confidential information or Attendee Data, or to preserve the status quo until the arbitrator can act. The merits of the dispute are still decided in arbitration.

27.6 How the arbitration works.

• Provider and rules. The American Arbitration Association ("AAA") administers the arbitration under its Commercial Arbitration Rules, including its expedited procedures where they apply, as changed by this Section 27. If the AAA decides that its Consumer Arbitration Rules apply, those rules apply instead. The rules are at adr.org. If the AAA will not or cannot administer the arbitration, the parties will agree on another provider; if they cannot agree within 30 days, a court will appoint an arbitrator under 9 U.S.C. § 5.
• Arbitrator. One arbitrator, who must be a retired judge or a lawyer with at least 10 years of practice.
• Hearings. For claims of $25,000 or less, the arbitrator decides on written submissions unless either party asks for a hearing or the arbitrator decides one is needed. Hearings are held by video unless the arbitrator decides an in-person hearing is needed. An in-person hearing is held, at your choice, in the county where you live or in Mills County, Iowa. If you live outside the United States, hearings are held by video or in Mills County, Iowa. The legal seat of the arbitration is Mills County, Iowa.
• Fees.
  • For any arbitration HMNTY starts, HMNTY pays all AAA fees and the arbitrator's compensation.
  • For an arbitration you start with claims totaling $75,000 or less, you pay only the part of the AAA filing fee that is no more than the fee to file a civil case in the Iowa District Court (currently $215), and HMNTY pays all other AAA fees and the arbitrator's compensation.
  • For larger claims, the AAA rules decide fees, but HMNTY will pay any part of the fees that the arbitrator finds would make the arbitration prohibitively expensive for you compared with going to court.
  • If the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose, the arbitrator may reallocate fees as the AAA rules allow.
• Lawyers' fees. Each party pays its own lawyers' fees, except as Section 8.7 (collection costs) provides, as the law would allow in court, or if the arbitrator finds a claim or defense frivolous.
• The award. The arbitrator applies these Host Terms, including Section 22, and applicable law, and may award any individual relief a court could award. The award must be in writing and explain the essential reasons. Judgment on the award may be entered in any court with jurisdiction. An award decides only the dispute between the parties to that arbitration and has no effect on other Hosts' disputes.

27.7 Class, collective and representative action waiver.

• YOU AND HMNTY EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
• The arbitrator may not consolidate more than one party's claims (except as Section 27.9 allows for administration), may not preside over any class, collective or representative proceeding, and may award relief only in favor of the individual party seeking it and only to the extent needed for that party's individual claim.
• Class arbitration is never permitted.
• If a court decides, after any appeals, that this Section 27.7 is unenforceable for a particular claim or request for relief, then that claim or request (and only that one) is removed from arbitration and decided by a court under Section 27.12. The court case on that claim or request is paused until the individual claims in arbitration are decided. All other claims stay in arbitration.

27.8 Public injunctive relief. If a court decides that applicable law does not allow the limit in Section 27.7 to apply to a request for public injunctive relief (relief whose main purpose is to stop unlawful acts that threaten the general public), that request is decided by a court under Section 27.12, after the individual claims in arbitration are decided. The court case is paused until then.

27.9 Mass filings.

• This Section applies if 25 or more similar Notices of Dispute or arbitration demands against, or on behalf of, HMNTY or Hosts are submitted by or with the help of the same or coordinated lawyers or organizations (a "Mass Filing").
• The AAA's Mass Arbitration Supplementary Rules and the matching AAA mass arbitration fee schedule apply, as the AAA decides. HMNTY's fee commitment in Section 27.6 applies to each claimant, using that fee schedule.
• Each claimant must meet Section 27.1 individually. Lawyers may coordinate the Notices of Dispute, but each must contain that claimant's own information and signature.
• For each claimant, the time limit for bringing the claim (including Section 27.13) is paused from the day HMNTY receives that claimant's Notice of Dispute until the claimant may file under this Section.
• Disputes about whether these requirements have been met are decided by the process arbitrator appointed under the AAA's mass arbitration rules.
• Nothing in this Section prevents the parties from agreeing to mediation, a test-case process or a global settlement.

27.10 Your right to opt out.

• You may opt out of this agreement to arbitrate within 30 days after you first accept a version of these Host Terms that contains it.
• To opt out, email support@hmnty.app from the email address on your account, with the subject "Arbitration Opt-Out", stating your name and that you opt out of arbitration. You may instead send the same information by mail to the address in Section 28.2, postmarked within the 30 days.
• You must opt out yourself (or, for a business Host, through a person authorized to act for it). An opt-out sent for more than one Host is not valid.
• HMNTY will confirm your opt-out by email within 5 business days.
• If you opt out, Sections 27.2 to 27.9 do not apply to you. Section 27.12 (courts and jury waiver) and the rest of these Host Terms still apply.

27.11 Changes to this Section. Despite Section 29:

• a change to this Section 27 (other than to a contact address) never applies to a dispute that arose before the change takes effect, whether or not a Notice of Dispute has been sent;
• HMNTY will give you at least 30 days' notice by email of any such change; and
• you may reject the change by emailing support@hmnty.app, with the subject "Reject Dispute Change", within 30 days after the notice. If you do, the version of this Section 27 you last accepted continues to apply to you, and the rest of the updated Host Terms still applies.

27.12 Court proceedings.

• Any matter that is allowed to proceed in court under this Section 27 (other than in small-claims court under Section 27.5(a), or a case to enforce an arbitration award or a judgment) must be brought only in the Iowa District Court for Mills County or the United States District Court for the Southern District of Iowa. You and HMNTY each consent to personal jurisdiction and venue there.
• JURY TRIAL WAIVER. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND HMNTY EACH GIVE UP THE RIGHT TO A TRIAL BY JURY IN ANY COURT CASE BETWEEN YOU AND HMNTY.

27.13 Time limit to bring a claim. To the extent the law allows, a party must send a Notice of Dispute about a claim within one year after it knew, or reasonably should have known, of the facts giving rise to the claim, or the claim is permanently barred. For a claim for indemnity under Section 23, the year starts when the Indemnified Party receives the Third-Party Claim. This time limit is paused as Sections 27.1 and 27.9 describe.

28. Notices and electronic communications

28.1 Notices to you.

• HMNTY may give you notices by email to the email address on your account (or the host contact email you gave HMNTY when you set up payouts, if different), by in-app message or notification, or by posting in the App.
• Notices of a material change (Section 29), a Fee increase (Section 7.12), the end of a launch fee waiver (Section 7.5), termination (Section 20), or a Notice of Dispute (Section 27.1) are always sent by email, and also shown in the App where practical.
• An email notice is effective when sent. But if HMNTY learns that it was not delivered (for example, it bounced), HMNTY will also notify you in the App, and the notice is effective when the in-app notice is shown to you.
• Keep your email address current and able to receive email from hmnty.app. If you sign in with Apple's "Hide My Email," the relay address must be able to receive email from HMNTY, or you must give HMNTY another address.

28.2 Notices to HMNTY.

• Send notices to support@hmnty.app.
• A Notice of Dispute and a claim for indemnity must be sent by email and by mail to Vine Street Ventures LLC, Attn: Legal, PO Box 56, Glenwood, IA 51534, using the U.S. Postal Service (from outside the United States, international post).
• An arbitration opt-out (Section 27.10) or a rejection of a dispute change (Section 27.11) may be sent by email alone.
• Legal process must be served on HMNTY's registered agent in Iowa, as listed with the Iowa Secretary of State.

28.3 Electronic records and signatures.

• You agree that HMNTY may provide these Host Terms, notices, statements, receipts and other records to you electronically, by email or in the App.
• Your electronic acceptance has the same effect as a handwritten signature. HMNTY's acceptance is shown by its acceptance confirmation email to you.
• To receive electronic records you need a device that can run the current App, an email account, and software that can display web pages or PDF files. You can save or print them.
• You may ask for a paper copy of these Host Terms, free of charge, at support@hmnty.app.
• Hosting through HMNTY is available only electronically. If you withdraw this consent, you must end these Host Terms under Section 20.1. Withdrawal does not affect records already delivered.
• Tax forms (Section 11.3) are delivered electronically only if you give that separate consent through Stripe.

29. Changes to these Host Terms

29.1 Kinds of change.

• Material changes are changes that meaningfully reduce your rights or increase your obligations, for example changes to Fees, payouts, refunds, holds, liability, indemnity or dispute resolution. HMNTY will give you at least 30 days' notice of a material change by email and in the App. The notice will summarize the change and link to the full updated text.
• Other changes, such as clarifications, corrections, new optional features, or updated contact details, take effect when HMNTY posts them in the App, or on any later date it states.
• Urgent changes that law requires, or that address an urgent safety or fraud risk, may take effect sooner. HMNTY will notify you as soon as practicable.
• Fee changes also follow Section 7.12, changes to the Standard Refund Policy also follow Section 9.1, and changes to Section 27 also follow Section 27.11.

29.2 Accepting a material change.

• HMNTY will ask you to accept a material change in the App, in the way Section 1.3 describes.
• Until you accept it, you cannot create new paid Events or new ticket types after the change takes effect. Your existing Events stay on sale.
• If HMNTY emailed you notice of the change at least 30 days before it took effect, and you sell Tickets after it takes effect, those sales are governed by the changed Host Terms.
• If you do not agree to a change, you may end these Host Terms under Section 20.1 before the change takes effect, at no cost to you.

29.3 No retroactive changes. A change applies only to Orders and Sponsorships whose checkout starts, and conduct that occurs, after the change takes effect. A change never applies to a dispute that arose before it took effect. That dispute is governed by the version in effect when it arose.

29.4 Only under this Section. These Host Terms can be changed only under this Section 29, or by a written agreement under Section 1.6(1). A change to the Terms of Service or the Community Guidelines does not change these Host Terms (Section 1.5). HMNTY keeps every version of these Host Terms, with its Version ID and dates, available in the App or at hmnty.app/host-terms.

30. General

30.1 Entire agreement.

• These Host Terms, with the documents incorporated in Section 1.5 and any agreement under Section 1.6(1), are the entire agreement between you and HMNTY about hosting on HMNTY. They replace any earlier agreements and understandings about it.
• They do not cancel:
  • (a) a written launch fee waiver, which continues as Section 7.5 describes;
  • (b) any written Founding Partner commitment HMNTY made to you before the Effective Date, which continues on its own written terms; or
  • (c) your agreements with Stripe.

30.2 Assignment.

• You may not assign or transfer these Host Terms, or your Stripe Account connection, without HMNTY's written consent. HMNTY will not unreasonably withhold consent for a transfer to a buyer of your business that will continue your Events.
• HMNTY may assign these Host Terms to an affiliate, or to a successor in a merger, acquisition, reorganization or sale of all or substantially all of the business or assets these Host Terms relate to, if the assignee takes on HMNTY's obligations. HMNTY will tell you of the assignment.
• Any other attempted assignment is void. These Host Terms bind and benefit permitted successors and assigns.

30.3 Severability. If a court or arbitrator finds any provision unenforceable, it will be enforced to the greatest extent permissible, and the rest of these Host Terms remains in effect. However, Sections 27.7 and 27.8 have their own rules for what happens if they are found unenforceable, and those rules control.

30.4 No waiver. A failure or delay in enforcing a provision is not a waiver of it. A waiver is effective only if it is in writing.

30.5 Interpretation. In these Host Terms:

• headings are for convenience only;
• "including" and "for example" mean "including without limitation";
• "days" means calendar days, and "business days" means Monday to Friday, excluding U.S. federal holidays;
• "in writing" includes email; and
• the Key Points summary is not part of the agreement. It is intended to be accurate, but if it differs from these Host Terms, these Host Terms control.

30.6 No third-party beneficiaries. Except for the HMNTY Parties protected by Sections 22 and 23, these Host Terms do not give rights to anyone else, including Buyers and Attendees.

30.7 Language. These Host Terms are written in English. Any translation is for convenience only.

31. Contact

Vine Street Ventures LLC d/b/a HMNTY Attn: Legal PO Box 56, Glenwood, Iowa 51534 support@hmnty.app · hmnty.app