1. Who we are

1.1 Fever Labs Inc. is a corporation duly organized and existing under the laws of the State of Delaware, United States of America, TAX ID 99-0368536, with offices at 50 Greene St 3 Fl, New York, NY 10013, United States (“Fever”). The Fever platform comprises this website and our mobile apps (iOS and Android), and helps people discover curated experiences in their cities.

1.2 The Services

Fever’s Websites and domains, including www.feverup.com, and all of the webpages, subdomains, country level domain variants and subparts of those Websites (collectively, our “Website”), all of the services available on or through the Website or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications, including without limitation, Fever app, are offered, maintained and provided by Fever. We refer to these as our “Services.”

1.3 Users

Through the Services, Fever provides a simple and quick means for registered users who are event organizers, planners and charitable organizations (“Event Organizers”) to create event registration, speaker profile, organizer profile, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations) and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Customers”).

We refer to Event Organizers, Customers and other visitors and browsers of the Services collectively as “Users” or “you.”

2. Our Terms Of Use

2.1 Application

The following policy sets forth the terms and conditions upon which you may use the Services (the “Terms of Use”). If you use the Services in any way, these Terms of Use apply to you. By accepting the Terms of Service and using the Services in any manner, you agree to these Terms of Use without modification and enter into a binding contract with Fever.

2.2 Incorporation By Reference

These Terms of Use and the rights and obligations contained in these Terms of Use are in addition to and are incorporated into the Terms of Service by reference. Nothing in these Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.

3. Your Use Of The Services

3.1 The Services

Fever hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable (in accordance with Section 4 of the Terms of Service), limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; and/or (b) if you are an Organizer, creating event registration, speaker profile, organizer profile, fundraising and other webpages with respect to, and promoting, managing, tracking, and collecting sales proceeds for, an event, in each case (i) in compliance with these Terms of Use, Merchant Agreement, Privacy Policy and, in general, the Terms of Service; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.

3.2 Applications

You may access and use the Services through our Applications, Website or any other Fever Platforms (all together, “the Applications”). For clarity, any access to or use of the Services via the Applications and the Applications themselves shall be deemed to be part of the Services and subject to the Terms of Service and these Terms of Use. This right to access and use the Applications may be revoked in accordance with Section 4 of the Terms of Service and Fever may discontinue or modify the Applications as set forth in Section 12 below.

4. Fever's Role

4.1 Listing Service and Limited Agent

Unless otherwise stated in the contract between Fever and the Event Organizer (i.e.: prepurchase of inventory by Fever for certain events), Fever is not the organizer or owner of the events listed for sale or registration on the Services. Fever provides the Services, which allow Event Organizers to list and promote their events, but all sales are, by default and in origin, made by the respective Organizer listed on the applicable event page. Fever also acts as the Organizer’s limited agent solely for the purpose of using its third party payment providers to collect payments made by Customers on the Services with respect to an event and passing such payments through to the applicable Organizer. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

4.2 Payments from Customers

All payments made by Customers to attend the Events of Organizers will be made through the Fever Applications. Fever may use third party payment processing partners to process the transaction as Organizer’s limited payment agent.

It is established that for the purposes of purchasing tickets for events to be held within Hong Kong, you are contracting with Kzemos Hong Kong Limited, a company duly incorporated under the laws of Hong Kong with registration number 79104344 and registered office at Suite 3201, Jardine House, 1 Connaught Place, Central, Hong Kong. All payment transactions are made in accordance with the current regulations and through authorized payment providers.

4.3 Fees

Creating an account, listing an event through the 0% Commission Link and accessing the Services is free. We charge our fees only when you sell or buy paid tickets or registrations through one of Fever Platforms. All descriptions of standard fees on the Services represent the standard fees that Fever charges to Organizers. These fees may vary based on individual agreements between Fever and certain Organizers. These fees will be absorbed into the ticket or registration price and, at Fever’s sole discretion, either a) paid by the Organizer out of ticket and registration gross proceeds or b) deducted by Fever from the amount owed by Fever to the Organizer. The fees charged to Customers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfilment fees. Therefore, the implied fees paid by Customers for an event are not necessarily the same as those charged by Fever to the applicable Organizer or the standard fees described on the Merchant Agreement. In addition, certain fees are meant, on average, to defray certain costs incurred by Fever, but may in some cases include an element of profit and in some cases include an element of loss. Fever does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

4.4 Refunds

The varying exchange and refund policies set forth by our Event Organisers prohibit Fever, by default, from issuing exchanges or refunds after a booking is placed.

If a refund or exchange is requested by a Customer, such request will be processed by Fever. Fever therefore asks that all Customers contact Fever’s Customer Service with any refund requests.

Fever tickets are not refundable. In case an event is postponed, there is a change of venue or any other significant change to event (or, in the case of a music festival, to the line-up), or the event is cancelled for reasons not imputable to Fever, customers are required to contact Fever no later than the Monday following the event to request a voucher for the same ticket at a later date or the equivalent amount to be spent in other plans from the Application.

5. Email

5.1 Email Tools

Fever may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:

(a) you have all right and authority necessary to send emails to the addresses on your recipient list, including without limitation, that such addresses were gathered on an opt-in basis in any jurisdiction where that is required by applicable local, state, provincial, national or other law, rule or regulation, and your emailing of such addresses complies with the privacy policy under which the recipient emails were gathered and which was disclosed to recipients at the time of gathering;

(b) your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;

(d) your use of the Email Tools and the content of your emails complies with Section 8.1 of these Terms of Use;

(e) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;

(f) you will identify the email message as commercial in nature;

(g) you will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that Fever includes on every email; and

5.2 Remedies

If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails are found to cause disruption to the Services, Fever may, among other actions, limit or suspend your access to the Email Tools or, ultimately, cancel your account.

6. Account, Password And Security

6.1 Registration

As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that Fever shall be the sole arbiter of such dispute in its discretion and that Fever’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

6.2 Security

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account. You agree to immediately notify Fever of any unauthorized use of your password or account or any other breach of security.

6.3 Age Restrictions

Fever is concerned about the safety and privacy of children. For this reason, and to be consistent with the terms of use of any third party service providers used by Fever, you must be at least eighteen (18) years of age, or the legal age of majority where you reside, to use the Services. Otherwise you may use the Services only with the involvement of a parent or guardian. In any event, you may not use the Services or register if you are under the age of thirteen (13).

7. Content

7.1 Website Content

You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Fever in connection with the Services (collectively, “Website Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Fever may own the Website Content or portions of the Website Content may be made available to Fever through arrangements with third parties. The compilation of all Website Content included in or made available through the Services is the exclusive property of Fever and is protected by copyright laws. Except as expressly authorized by Fever in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other website or in a networked computer environment for any purpose. You shall use the Website Content only for purposes that are permitted by these Terms of Use and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

7.2 Your Content

You acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to Fever a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Fever's promotional and marketing services). Notwithstanding the foregoing, Fever does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms of Service, including without limitation these Terms of Use and the Privacy Policy. In addition, Your Content must be accurate and truthful.

Fever reserves the right to remove any of Your Content from the Services at any time if Fever believes in its discretion that it violates the Terms of Service, including without limitation, these Terms of Use. In addition, you agree that Fever may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Fever both on the Services and in marketing, advertising and promotional materials.

7.3 Feedback & Revisions

You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Fever by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Fever or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Fever. All Feedback and Revisions become the sole and exclusive property of Fever and Fever may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Fever any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Fever. At Fever’s request, you will execute any document, registration or filing required to give effect to these provisions.

8. Conduct

8.1 Certain Restrictions

All interactions on the Website must comply with Fever’s Terms of Service. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Website, we may limit your privileges on the Website and seek other remedies. The following activities performed by any user of the Website are prohibited on the Website and constitute express violations of The Terms of Service and of these Terms of Use:

A. Submitting any content to the Website that: i) contains personal information of users, such as their e-mail and name ("Personal Information"), except when we expressly ask you to provide such information ; ii) violates any national or international applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); iii) offers unauthorized downloads of any copyrighted, confidential or private information; iv) impersonates any person or entity, or falsifies or otherwise misrepresents yourself or your affiliation with any person or entity; v) possesses or creates a privacy or security risk to any person; vi) makes use of offensive language or images; vii) contains software viruses or malware or any other computer code designed to interrupt or limit the functionality of any computer software or hardware; or viii) is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

B. Attempting to do or actually doing any of the following: i) interfering with, disrupting or damaging the service given to any user in any manner, including, without limitation, submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Website; ii) scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; iii) scanning or testing the security or configuration of the Website or to breach security or authentication measures; or iv) accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.

C. Using any of the following: i) frames, framing techniques or framing technology to enclose any content included on the Website without our express written permission; ii) any Website content, including without limitation “Customer Information” (defined below in Section 14.2 of these Terms of Use), in any meta tags or any other “hidden text” techniques or technologies without our express written permission; iii) the Website or any of its resources to solicit consumers, activity providers or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Fever, including, without limitation, aggregating current or previously offered activities; or iv) the Website or any of its contents to advertise or solicit any content with commercial, political or religious purposes.

D. Collecting any of the following: i) personal Information, “Customer Information” (as defined in Section 14.2. of these Terms of Use); or ii) content from the Website, including, but not limited to, information in connection with current or previously offered activities; with the aim of featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission.

E. Engaging in any of the following: i) tampering or interfering with the proper functioning of any part, page or area of the Website or any functions or services provided by Fever; ii) violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website; iii) reselling or repurposing your access to the Website or any purchases made through the Website; iv) using any Fever account for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use; v) taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); vi) accessing, monitoring or copying any content from the Website using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; vii) aggregating any current or previously-offered activities or other content or information from the Website (whether using links or other technical means or physical records associated with purchases made through the Website) with material from other websites and publishing it neither on our Website nor on a secondary website without our express written permission; viii) deep-linking to any portion of the Website (including, without limitation, the purchase path for any Ticket) without our express written permission; ix) hyperlinking to the Website from any other website without our written consent; or x) acting illegally or maliciously against the business interests or reputation of Fever and/or its subsidiaries or affiliates, including without limitation Fever Labs, Inc., our activity providers or our services.

8.2 Certain Remedial Rights.

You acknowledge and agree that Fever may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or for attending potential requests from public authorities and courts to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Use; and/or (d) protect the rights, property and/or personal safety of Fever, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

9. Additional Services; Coupons and Vouchers

9.1. Other Services

Fever may, upon request, and for such fees as Fever may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site and Applications, including without limitation, marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms of Service, including without limitation, these Terms of Use. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of Fever, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.

9.2. Coupons and Vouchers

Fever will, from time to time, grant vouchers (the “Coupons”) to Customers to redeem them at the time of purchasing a paid event through any of the Fever platforms. The use of and redemption of such coupons will fall under the specific conditions stipulated by Fever and added to the Coupon information available to the Customer. Fever reserves the right to stipulate, at its sole discretion, a different policy or set of terms for each of the Coupons granted.

Coupons are owned by Fever and are offered under its own discretion. The users agree that Coupons may be subject to change, whether they have been redeemed or not, in cases where Fever considers it necessary.

Each Coupon will only be valid and redeemable in the same city where the Coupon was originally granted. Trying to change the selected City in the Application for the sole purpose of being awarded the Coupons being offered in such different cities constitutes a wrongful use of the Applications and of Fever’s platforms and may automatically result in the cancellation of part or all of the user’s coupons or, ultimately, in the cancellation of the account.

Each Coupon has it own expiration date and conditions which will be indicated in the own coupon and that will be available to the Customer. Plans purchased with invalid coupons will be automatically cancelled.

10. Links

10.1 Third Party Websites

The Services may provide, or Users (in particular, Event Organizers) may provide, links to other Internet websites or resources. Because Fever has no control over such websites and resources, you acknowledge and agree that Fever is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Fever partners or third party service providers. Any personal data processed by such third party websites is subject to their own privacy policies that you should read carefully and accept, when applicable. No personal data is transferred from Fever to those third party website, except in those cases set out in the Privacy Policy .

10.2 Linked Accounts

As part of the Services you may be able to link an account you have with a third party service, such as a social media website (e.g.: Facebook or Google). By linking such third party account, you agree that Fever may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services

11. Disclaimer

The Website and its content are delivered on an "as-is" and "as-available" basis. Fever disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Fever does not promise that the Website will be error-free, uninterrupted, or that it will provide specific results from use of the Website or any content, search or link on it. Fever cannot ensure that files you download from the Website will be free of viruses or contamination or destructive features. Fever will not be liable for any damages of any kind arising from the use of this Website, including without limitation, direct, indirect, incidental and punitive and consequential damage. Fever makes no guarantee of any specific result from use of this Website or use of the Fever service.

12. Limitation of liability

Whilst we endeavour to ensure that the website is fully operational at all times, on those occasions when there are interruptions to service due to essential maintenance, system upgrades, internet service interruptions or any other factors beyond our control, Fever will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if Fever has been advised of the possibility of such damages. In no event shall Fever be liable for any indirect or consequential loss or any loss (whether incurred directly or indirectly) of profit, business, revenue, date, goodwill or reputation. Fever disclaims any and all liability for the acts, omissions and conduct of any third party users, Fever users, advertisers and / or sponsors on the Website, in connection with the Services or otherwise related to your use of the Website and /or the Services. Fever is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or reference on the Website. Notwithstanding the foregoing, nothing in the Terms of Service, in general, and in the Terms of Use, in particular, shall be taken to limit or exclude any liability which Fever may have for (i) death or personal injury arising from Fever negligence; (ii) fraudulent misrepresentation; or (iii) any liability that cannot be excluded or restricted by law.

13. Intellectual Property

All content provided on the Fever website is protected by copyright, trademark, trade secret or other intellectual property laws and treaties. Fever, the website and design are protected by intellectual property laws and owned by Fever Labs, Inc. All rights reserved.

14. Privacy Policy; Customer information

14.1. Privacy Policy

Fever highly values the privacy of its user's. For more information regarding personal data protection, please refer to the Fever Privacy Policy available here.

The Privacy Policy is incorporated into the Terms of Service by reference. You should review and accept the Privacy Policy.

14.2 Access to personal data by the Event Organizers

All Customer Information inputted by a Customer on event pages posted by an Organizer on the Services will be shared with the applicable Organizer and may also be used by Fever in accordance with our Privacy Policy , including marketing or promotion of other events or services that may be of interest to the applicable Customer. Note that payment data (as defined in the Privacy Policy) will not be shared with Organizers. Each Organizer represents, warrants and agrees that (a) it will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to Customer Information; (b) it will at all times comply with any applicable policies posted on the Services with respect to Customer Information; and (c) upon a request of a given Customer or as permitted in Section 8.2 of these Terms of Use, Fever is authorized at its discretion to delete or anonymize Customer Information of a requesting Customer from the Services at which time it will no longer be available to Organizer through the Services or will no longer be linked to an identifiable Customer through the Services. For purposes of this Section, “Customer Information” means information about a given Customer made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests, credit card type, last 4 credit card digits and phone numbers, but excluding Payment Data.

1. Who We Are

2. Our Terms of Service

3. Your Acceptance

4. Term; Termination

5. Special Terms For International Use

6. Important Legal Terms Governing All Use Of The Services

1. Who we are

1.1 Fever

The owner of the Website www.feverup.com as well as the application (or “app”) is FEVER LABS, INC. (hereinafter, Fever), TIN:99-0368536, registered at 50 Greene St 3 Fl, New York, NY 10013, United States.

Fever is a web and mobile app that drives users to consume offline entertainment by providing curated events based on its proprietary analytics of consumer data. Fever is able to drive traffic and provide an avenue for spontaneous discovery for event organizers.

1.2 The Services

1.3 Users

Through the Services, Fever provides a simple and quick means for registered users who are event organizers, planners and charitable organizations (“[Event] Organizers”) to create event registration, speaker profile, organizer profile, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations) and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Customers”). We refer to Event Organizers, Customers and other visitors and browsers of the Services collectively as “Users” or “you.”

1.4 Contracting Party

The Services are being provided to you by, and you are entering into these Terms of Service with, Fever Labs, Inc., a Delaware Corporation with head offices at New York (50 Greene St 3 Fl, New York, NY 10013, United States) “Fever,” “us,” “we” or “our.”

2. Our Terms Of Service

2.1 Terms of Service Agreement

The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Service. In addition to the Sections below, these Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:

• our Terms of Use available here;

• our Privacy Policy available here;

• for Organizers who post events with paid or free tickets, either through our 0% Commission Link or through Fever Platforms, our Merchant Agreement available here;

• additional terms and conditions that are displayed along with additional Services that you may use or purchase from time to time.

3. Your Acceptance

3.1 Binding Agreement

You agree to these Terms of Service and you enter into a binding contract with Fever either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started”, “Create your Event” or similar buttons, or if you are an unregistered Customer, when you purchase a ticket to or register for an event (including free events) or purchase merchandise, a service or make a donation related to an event, in each case by clicking “Pay Now,” “Register Now,” “Buy Now”, “Purchase”, “Join” or similar buttons, or in accordance with Section 3.2 below. In the case the Privacy Policy was not expressly accepted by you, while being a registered user, Fever will only process any personal data that is necessary to provide the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.

THESE TERMS OF SERVICE INCLUDE (A) AN ARBITRATION PROVISION FOR USERS LOCATED IN THE UNITED STATES; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST FEVER FOR USERS LOCATED IN THE UNITED STATES; (C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF FEVER; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF FEVER; AND (E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST FEVER ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.

3.2 Modifications

Except to the extent set forth in Section 6.10(i) below, Fever reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the Fever website with a change to the "Updated” date at the top of these Terms of Service. In certain circumstances Fever may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective the sooner of any date established by Law or thirty (30) days following the "Updated” date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. Fever will always inform you of any changes that may affect the use or processing of your Personal Data. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written Ticketing Services Agreement or written Addendum Agreement , signed by you and an authorized officer of Fever.

3.3 Language

We may translate these Terms of Service (or any of the agreements that make up these Terms of Service) into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

4. Term; Termination

4.1 Term

These Terms of Service are effective upon your Acceptance as set forth under Section 3.1 above and continue in effect until terminated.

4.2 Termination by Fever

Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of Fever, Fever may terminate your right to use the Services at any time for (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Fever to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Fever shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.

The closure of your account will involve the deletion by Fever of all of your Personal Data.

4.3 Termination by You

Except to the extent you have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of Fever, you may terminate your access to the Services and these Terms of Service by deleting your account. Customers may cancel their account by contacting a Fever office by phone or email through one of the addresses or numbers set forth in Section 6.7. Event Organizers, except for those who may have entered into a separate Ticketing Services or Partnership Agreement (where the clauses specified therein will apply), may also cancel their account by addressing themselves to one of the contacts set herein.

In the event there is a separate agreement between you and Fever governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) shall govern your use of the Services unless and until you cancel your account.

4.4 Survival of Terms

All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

5. Special Terms For International Use

5.1 US Export Laws

The Services are subject to United States export controls and economic sanctions laws. In accepting these Terms of Service you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including without limitation, Cuba, Iran, North Korea, Sudan or Syria; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that appears on the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; (iv) that appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) that appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (vi) that is subject to sanctions in any other country; or (vii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.

6. Important Legal Terms Governing All Use Of The Services

6.1 Indemnification

You agree to defend, indemnify and hold Fever, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms of Service, including, without limitation the Terms of Use, the Merchant Agreement and any other part of these Terms of Service; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Event Organizers, your events or the fact that Fever was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of Fever’s gross negligence or willful misconduct. Fever shall provide notice to you of any such Claim, provided that the failure or delay by Fever in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.

6.2 Disclaimer of Warranties

FEVER PROVIDES OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND WE TRY TO KEEP FEVER RUNNING, ERROR-FREE AND SAFE. BUT THERE ARE CERTAIN THINGS THAT WE DON’T PROMISE ABOUT OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FEVER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, FEVER MAKES NO WARRANTY THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR

EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT FEVER HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING CUSTOMERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING CUSTOMERS AND ORGANIZERS) TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION AND FEVER IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND FEVER HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.3 Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, FEVER, AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, EMPLOYEES AND ANY APPLICABLE CARD SCHEMES, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TERMS OF USE, THE MERCHANT AGREEMENT AND ANY OTHER PART OF THESE TERMS OF SERVICE, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FEVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (C) ANY OF YOUR CONTENT (AS DEFINED IN THE TERMS OF USE) OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES, OR (D) ANY MATTERS BEYOND FEVER’S REASONABLE CONTROL. IN ADDITION, OTHER THAN THE OBLIGATION OF FEVER TO PAY OUT EVENT REGISTRATION FEES TO CERTAIN ORGANIZERS UNDER THE MERCHANT AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF FEVER, ITS PAYMENT PROCESSING PARTNERS, LICENSORS AND ANY APPLICABLE CARD SCHEMES FOR ALL DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO, ARISING OUT OF OR RELATED TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TERMS OF USE, THE MERCHANT AGREEMENT AND ANY OTHER PART OF THESE TERMS OF SERVICE, SHALL BE LIMITED TO (I) FOR ORGANIZERS OF EVENTS WITH PAID TICKETS OR REGISTRATIONS, AND SUBJECT TO THE TERMS OF THE MERCHANT AGREEMENT, THE COMMISSIONS (NET OF FEVER PAYMENT PROCESSING FEES) THAT FEVER CHARGED YOU WITH IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM; AND (II) FOR ORGANIZERS OF EVENTS WITH FREE TICKETS ONLY, ORGANIZERS OF EVENTS PROMOTED THROUGH A 0% COMMISSION LINK, CUSTOMERS AND OTHER USERS, EITHER (1) THE TOTAL AMOUNT OF ALL TICKETS OR REGISTRATIONS THAT YOU PURCHASED OR MADE THROUGH THE SERVICES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM; OR (2) IF YOU MADE NO SUCH PURCHASES, ONE HUNDRED U.S. DOLLARS (US$100).

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.4 Release

Fever provides a marketplace in which Customers and Event Organizers can transact. However, Fever could not function if it were held responsible for the actions or inactions of different Customers, Organizers and/or third parties both on and off the Services. Therefore, as an inducement to Fever permitting you to access and use the Services, you hereby agree to release Fever, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."

6.5 Trademarks

The trademarks, service marks and logos of Fever (the “Fever Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Fever. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with Fever Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Fever specific for each such use. The Trademarks may not be used to disparage Fever, any third party or Fever’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Fever approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Fever Trademark shall inure to Fever’s benefit.

6.6 Patents; Copyrights

A number of issued patents and patents pending apply to the Services. The Content (as defined in the Terms of Use) of the Services is also protected by copyrights owned by Fever and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.

6.7 Notices

Notices to you may be sent via either email or regular mail to the address in Fever’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Fever or deliver any notice, you can do so as follows:

A) By post:

-United States:

Fever Labs, Inc.

50 Greene St 3 Fl, New York, NY 10013, US

-Europe:

Calle de Fernando el Santo 16, Madrid 28010, Madrid, Spain

B) By Email:

hello@feverup.com; hola@feverup.com, ola@feverup.com, salut@feverup.com

Please note that any notice related to personal data matters should be addressed in the terms set out in the Privacy Policy

6.8 Entire Agreement

These Terms of Service, including the Terms of Use, Merchant Agreement, Privacy Policy and any other part of these Terms of Service, constitute the entire agreement between you and Fever and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Fever on the subject matter hereof, other than any written Ticketing Services Agreement, Fever Equipment Lease Agreement or Addendum Agreement between you and an authorized officer of Fever relating to a specified event or events.

6.9 Choice of Law

Except as set forth in Section 6.10 below, these Terms of Service and the provision of the Services to you are governed by the laws of the state of New York, U.S.A., without reference to principles of conflict of laws.

6.10 BINDING ARBITRATION

ONLY FOR USERS LOCATED IN THE UNITED STATES:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OF SERVICE OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED ONCE THIS SECTION IS EFFECTIVE

(a) Contact Us First

If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.

(b) Agreement to Arbitrate

In the unlikely event that our customer support team is unable to resolve your concerns, we each hereby agree to resolve any and all disputes or claims under these Terms of Service or with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief as a court. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court or agency, shall have the authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability of these Terms of Service. This arbitration provision shall survive termination of these Terms of Service. These Terms of Service evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 6.10 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 6.9 above.

This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms of Service and/or your use of the Services. (d) Exceptions

Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies), (ii) bring issues to the attention of federal, state or local agencies which may be able to

seek relief on a party’s behalf, and (iii) bring suit in court to seek a preliminary injunction or other interim relief pending the outcome of arbitration. In addition, the portion of any dispute or complaint relating to our participation in the US-EU or US-Swiss Safe Harbor Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section.

(e) No Class Actions.

YOU AND FEVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(f) Notice of Dispute.

A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Fever must be addressed to the address in Section 6.7 above (“Notice Address”) and must be sent by certified mail. The Notice to you must be addressed to a mailing, home or payment address currently on record with Fever and must be sent by certified mail. If Fever has no records of such physical address, such notice may be delivered to your Fever account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Fever and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Fever may commence an arbitration proceeding.

(g) Arbitration Proceedings.

The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 6.10, and will be administered by the AAA and settled by a single arbitrator. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 6.10. Unless Fever and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.

(h) Costs of Arbitration; Legal Fees.

i. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Fever and the value of the relief sought is ten thousand dollars ($10,000) or less, then Fever will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then Fever will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Fever for all such cost and expenses that Fever paid and that you would have been obligated to pay under the AAA rules.

ii. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator shall award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Fever will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

(i) Future Changes.

Notwithstanding any provision in these Terms of Service to the contrary, you and Fever agree that if Fever makes any future change to this arbitration provision (other than a

change to the Notice Address) Fever will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.

(j) Special Severability.

In the event that the provisions of Section 6.10(e) above are found to be invalid or unenforceable for any dispute or claim, then, notwithstanding Section 6.11, the entirety of this Section 6.10 shall be null and void with respect to such dispute or claim and Section 6.12 shall apply in lieu of this Section 6.10.

6.11 Waiver; Invalid Provisions

The failure or delay of Fever to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.

6.12 Judicial Forum

In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute for any reason, then any dispute or claim not subject to arbitration shall be resolved exclusively by a federal court located in the city of New York, New York, and to the extent there is no subject matter jurisdiction in such federal court, then a state court in the State of New York. Both you and Fever agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient.

6.13 Titles

Any Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

6.14 Violations

Please report any violations of these Terms of Service by email. For any issue related to data protection matters, please use any of the means included in the Privacy Policy .

6.15 Relationship

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service, except to the extent expressly set forth in the Terms of Use and the Merchant Agreement.

ANNEX

FIFTH PURCHASE PROGRAM

1 The fifth purchase reward is the option to receive a voucher after four paid purchases done by one user in order to get the fifth purchase for free.

2 The fifth purchase rewards is offered by FEVER to specific aleatory users, not being mandatory to offer this option to all the users in our platform.

3 These four previous purchases have to be done in events in the same Country and the events must have a price higher than zero

4 This reward is limited to one thousand users.

5 The amount of the voucher is equal to the average of the prices paid by the user in their four previous purchases. Any kind of voucher applied in the four previous purchases will not be taken into account to calculate the amount of the reward voucher.

6 If the reward voucher is applied, none of the four previous purchases will be able to be cancelled

7 The four previous tickets and the reward voucher obtained are not transferable

8 If any of the four previous purchases is eventually canceled by the user, FEVER can cancel the voucher sent to the user

9. FEVER has the right to cancel this promotion at any time.

Merchant Agreement

1. Who We Are

2. Acceptance of Merchant Agreement

3. Registration & account security

4. Process of Acceptance and payments

5. Exchanges and refunds

6. Remedies

7. Prohibited Merchants; Prohibited Events; Prohibited Transactions

8. Permitted Uses of the Website

9. Customer data

10. Disclaimer

11. Limitation of liability

12. Indemnity

13. Trademarks

14. Privacy Policy

15. Contact information for customer service

1. Who we are

The owner of the Website www.feverup.com as well as the application (or “app”) is FEVER LABS, INC. (hereinafter, FEVER), TIN:99-0368536, registered at 50 Greene St 3 Fl, New York, NY 10013, United States.

Fever is a web and mobile app that drives users to consume offline entertainment by providing curated events based on its proprietary analytics of consumer data. Fever is able to drive traffic, generate demand and provide an avenue for spontaneous discovery or other marketing services for event organizers.

Through your Fever secure portal account, you (hereinafter “you”, “the client”, “the Event Organizer” or “the user”) will be able to create and modify your own event listings, record details of cash and view ticket sales reports. Anytime there are modifications, these will have to be pre-approved by Fever before coming into effect.

2. Acceptance of Merchant Agreement

The following terms set forth the terms and conditions upon which you may use our Services to create, promote and/or collect sales proceeds from the sale of tickets, registrations, or other items (e.g., merchandise; travel; lodging) related to an event, and specifically applies to those who use the Services for such purposes. Except where specifically stated (e.g.: terms that apply to those Event Organizers in the case where they register an event through our 0% Commission Link) the terms included herein will apply to all Event Organizers that use any of Fever’s Services or enter into any type of Ticket Services or Partnership Agreement with Fever.

Fever provides the technical infrastructure to enable online sales by Event Organizers. If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which our incorporated into our Terms of Service and govern Fever's relationship with you in relation to this Website and to any of the platforms and services related to it and managed by Fever. If you disagree with any part of these terms and conditions, please do not use our Website or any of the Fever Services, participate in any activity, purchase or sell any ticket, product or purchase any other service offered through the Website or any of the associated platforms.

We reserve the right at all times to discontinue or modify this Merchant Agreement or any part thereof in our sole discretion, with or without notice. If we make changes that affect your use of the Website or our services we will post notice of the change on the Terms of Services page. Any changes to these Terms will be effective upon our posting of the notice; provided that these changes will not apply to i) events created or ii) Tickets sold prior to the effective date of such changes. You may close your account and you should not use the Website or any of the services offered through the Website after the effective date of the changes in the event that you do not agree to such changes. You agree that posting notice of any such changes on the Terms of Service page is adequate notice to advise you of these changes, and that your continued use of the Website or any of the associated services or platforms will constitute acceptance of these changes and the Terms of Use as modified.

This Merchant Agreement and the rights and obligations contained herein are in addition to and are incorporated into the Terms of Service by reference. Nothing in this Merchant Agreement shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.

3. Registration & account security

As part of entering into a Partnership or Ticketing Services Agreements or as part of the creation of an event or at any time following such creation, you may be required by Fever to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”). As an example, the Additional Registration Data may include a current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or driver’s license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fever has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fever has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of Fever.

During the Fever registration process, a unique account and password will be created. It is the responsibility of the Event Organizer and its Users to maintain the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. The Event Organizer must immediately notify Fever of any unauthorised use of your password or account or any breach of security. Fever cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account.

4. Event Registration Process; Payments

4.1. Overview

For the avoidance of doubt, Fever does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Event Organizer other than serving as a limited payment collection agent as set forth below. To provide the EPP Service, Fever utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both Event Organizers and Fever are subject to the rules and regulations of such Payment Processing Partners.

4.2. Event Registration; Further onboarding on Fever Applications

As part of the Services offered by Fever, an Event Organizer can create its own event at no cost. For this matter, the Organizer will have to share some required information regarding the Organizer and the event by filling in an online questionnaire, “Create your event in Fever”. The Organizer will have to proceed to complete all of the required fields in the questionnaire in order for its event to be eligible for evaluation by Fever.

Once the Event Organizer has submitted the form “Create your event in Fever”, Fever will proceed to carry out the validation process, replying within 48 hours after the submission of such form.

The validation process by Fever may result in two different responses:

A- Valid / Accepted: Fever will share a link with the Event Organizer (the “0% Commission Link”) through which the Organizer of the event will be able to publish and promote the event through his owns means. All sales achieved through the 0% Commission Link will entail no Commission.

Fever reserves the right to its sole discretion to decide if an event is compliant with Fever standards of quality and relevance in order to be onboarded to and promoted in the Applications or any other Fever platform. In the case that Fever decides to promote the event through the Fever app, web or media network; Fever will charge a 30% commission to the Event Organizer, calculated over the total amount of the sales achieved through Fever’s platforms (this 30% Commission, along with any other commission, discount, fee, or similar, agreed between Fever and the Event Organizer, either in writing or within the framework of a signed Ticket Services Agreement or Partnership Agreement, will constitute, altogether, “the Commission”).

B- Rejected: Fever will contact the Event Organizer to inform him/her that the event has been rejected. In this case neither the Event Organizer will receive the 0% Commission Link, nor the event will be promoted by Fever through its platforms.

4.3. Payments; Processing of Fever Commission

a) Sales made through events promoted on a 0% Commission Link

All sales achieved through the 0% Commission Link will entail no Commission. Fever will have to deposit the Event Organizer a sum equivalent to the face value of all the sales made through such means (these, as well as the face value of the sales generated through events promoted on any of the Fever Applications, will be considered, altogether, as “Registration Fees”), net of (i) our right of setoff against any debts or other amounts owed to us under this Merchant Agreement; (ii) any other deductions authorized pursuant to this Merchant Agreement (including but not limited to any refunds to be made to customers as a result of cancellation and net of any chargebacks as set below) ; and (iii) any reserves established as set forth in Section 5.1.(b). Such payment will be made within 15 days after the finalization of the event in an account specified by the user and by the means chosen by Fever.

b) Sales made through events promoted on any of the Fever Applications

After the finalization of the event, Fever will proceed to pay the Organizer an amount equivalent to the face value of the sales made through the Fever platforms net of (i) the value of the Commission charged (ii) our right of setoff against any debts or other amounts owed to us under this Merchant Agreement; (iii) any other deductions authorized pursuant to this Merchant Agreement (including but not limited to any refunds to be made to customers as a result of cancellation and net of any chargebacks as set below) ; and (iv) any reserves established as set forth in Section 5.1.(b). Such payment will be made within 15 days after the finalization of the event in an account specified by the user and by the means chosen by Fever.

Event Organizers do not need their own payment gateway to utilize the Fever payment processing option. All money shall be paid into the bank account specified in your payment details. It is not the responsibility of Fever to verify bank details but is the responsibility of the Event Organizer to ensure that accurate bank details are provided. Fever will not accept any responsibility if incorrect bank details have been provided by the Event Organizer or their account Users and monies owed are paid into the wrong bank account.

You agree that we may, from time to time, in our sole discretion, without notice to you, setoff against your reserve, setoff against any Event Registration Fees you receive, or both, based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in your credit profile or the underlying event(s)’

risk profile, fraudulent conduct by you or anyone acting on your behalf, or breaches of the Terms of Service, including this Merchant Agreement. We may exercise such setoff rights before we make any payout to you. We are not liable to you for any claims resulting from our decision to exercise our setoff rights. We may also exercise any of our rights and remedies under Section 6 of this Agreement regarding recovery of such amounts due and payable to us from you.

4.4. Appointment as Agent

Event Organizer hereby appoints Fever as Organizer's limited payment collection agent solely for the purpose of collecting payments made by Customers for such events through our Payment Processing Partners. Organizer agrees that a payment made by a Customer to Fever shall be considered the same as a payment made by a Customer directly to the Event Organizer and the Event Organizer will sell or provide all advertised goods and services to the Attendee as if the Event Organizer had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from Fever. The Event Organizer agrees that in its role as limited agent, Fever is authorized to (i) enable Customers to transfer or upgrade a ticket and/or registration (if such transfers are permitted by the Event Organizer during the event registration process); (ii) hold, disburse and retain proceeds on the Event Organizer’s behalf pursuant to this Merchant Agreement; (iii) issue refunds to Customers as set forth in Section 5 below; and (iv) manage credit card chargebacks as set forth in subsection 4.5 below. In accepting appointment as the limited agent of the Event Organizer, Fever assumes no liability for any acts or omissions of the Event Organizer and Event Organizer understands that Fever’s obligation to pay the client is subject to and conditional upon receipt of the associated Event Registration Fees from Customers. The client further authorizes Fever to delegate its obligations under this Merchant Agreement to certain of its affiliated entities both within and outside the United States, provided, that Fever will remain liable for the discharge of its obligations under this Merchant Agreement by such affiliated entities.

4.5. Chargebacks

A chargeback occurs when a customer disputes a charge on their credit/debit card with our merchant services provider. When a chargeback occurs the merchant services provider will investigate as to whether the charge is to stand or be refunded to the customer.

Any credit card chargebacks or other transaction reversals initiated against Fever or its affiliates for any reason (except to the extent they are caused solely by Fever’s negligence or willful misconduct) with respect to an Organizer’s event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Fever or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Event Organizer, and Event Organizer agrees to promptly and fully reimburse Fever for such amounts on demand. If such chargeback happens before the transfer of the funds to the Event Organizer, Fever will deduct such amount (including the penalty incurred) from the total amount due by Fever to the partner.

As part of Fever’s limited payment collection agency, Fever will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Event Organizer and Event Organizer hereby authorizes Fever to do so and agrees to use reasonable efforts to cooperate with Fever in such re-presentment. However, Fever shall have no obligation to represent any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with our refund policy set within this Merchant Agreement. Both parties agree that Fever’s loss of any chargeback that has been re-presented by Fever shall not in any way limit Event Organizer’s obligation to reimburse Fever and its affiliates under this paragraph.

Any tickets that are subject to a successful chargeback dispute will be cancelled.

In case the chargeback is processed after the finalisation of the event or after having transferred the funds to the Event Organizer, and such chargeback results on a refund to the customer, Fever will still have the right to seek reimbursement for the chargeback amount and the penalty incurred. In such cases, Fever will deduct these amounts from any future amount due by Fever to the Event Organizer. In the case no further events are organised by the Event Organizer, Fever will have the right to seek reimbursement during a period of two (2) months since the finalisation of the event.

FAILURE BY THE EVENT ORGANIZER TO PAY THE CHARGEBACK AND ASSOCIATED PENALTIES WITHIN FIFTEEN (15) DAYS AFTER RECEIVING WRITTEN NOTICE FROM FEVER WILL RESULT IN THE BEARING OF INTERESTS AND OTHER ASSOCIATED COSTS SUBJECT TO THE PROVISIONS OF SECTION 6.1 AND 6.2 AND, ULTIMATELY, IN THE ACCOUNT BEING SUSPENDED.

4.6. VAT Liability

Event Organizer's remain solely responsible for the accounting and payment of VAT (or equivalent local, regional or national taxes) collected through the sale of tickets to HM Revenue and Customs (or equivalent tax authority). Fever is only liable for the VAT component of the booking fee.

5. Exchanges, cancellations and refunds

5.1. Refunds and cancellations

a) Cancellations

No payments shall be made to the Event Organizer with respect to any event that is cancelled or with respect to which Fever believes there is a risk of cancellation or nonperformance, unless Fever receives adequate security (as determined by Fever in its discretion) for the client’s obligations under this Merchant Agreement. In addition, no Event Registration Fees for a given event shall be earned until that event is successfully completed. If payments have already been made to an Event Organizer for a cancelled

event, the client will immediately refund to a payment address designated by Fever all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made. You are responsible for complying with the requirements of Fever’s Refund Policy Requirements incorporated herein. If you do not remit funds to Fever that are sufficient to cover refunds due to Customers for an event cancellation or nonperformance, including, but not limited to, any mandatory refunds under Section 5.1.(d) below, then you acknowledge and agree that the unremitted amount will become due and payable to us under this Merchant Agreement, and subject to a setoff right until you have satisfied the amount in full. Such unremitted amounts are also subject to the provisions of Sections 5.1(b) and 6 of this Merchant Agreement.

b) Reserves and Fever’s Right of Setoff

Fever reserves the right to retain a certain percentage of the Registration Fees (with such percentage being determined by Fever in its discretion) to fund a reserve (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in Event Organizer’s credit profile or the underlying event(s)’ risk profile; and (ii) as otherwise necessary to secure the performance of your obligations under the Terms of Use and Conditions, including this Merchant Agreement, or to protect Fever against fraudulent or erroneous activity. Fever’s right to hold a reserve shall continue following the applicable event(s) and until either (A) the Event Organizer has discharged all obligations under the Terms of Service and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed; or (B) Fever determines it no longer has risk or exposure that would otherwise be mitigated by the reserve. Further, the reserve is subject to the right of setoff as set forth in Section 4. In the event that the exercise of our setoff right does not fully cover the amount of funds due and owing from you to us under these Terms of Service, including this Merchant Agreement, then such amount of funds shall be deemed due and owing to us until you have satisfied the amount in full.

c) Refunds

The varying exchange and refund policies set forth by our Event Organizers prohibit Fever, by default, from issuing exchanges or refunds after a booking is placed. If a refund or exchange is requested by a Customer, such refund will be fully processed by Fever. In the case such refund is finally executed, the value of such refund will be deducted from the amount owed by Fever to the Event Organizer, as set forth is Section 4.

Refunds that you are responsible for due to the cancellation or non-performance of an event are subject to the following refund requirements:

(i) In the event of a full or partial event cancellation, Event Organizer agrees to remit funds due for refunds back to Fever so that refunds can be processed by Fever on the Event Organizer’s behalf;

(ii) Event Organizer agrees that, unless otherwise mutually agreed in writing (email acceptable) no refunds shall be made outside of any of the Fever’s platforms;

(iii) Event Organizer must remit funds to Fever that are sufficient to cover refunds due to Customers within five (5) days of the cancellation of the event;

(iv) Organizer agrees to notify Customers of the event cancellation as soon as reasonably possible and prior to the event start time;

(v) Organizer acknowledges that Fever reserves the right to charge the Event Organizer for the cost of chargebacks related to the cancelled event, and such amounts are also subject to the provisions of Sections 5.1(b) and 6.1. and 6.2. of this Merchant Agreement.

(vi) If the Event Organizer cancels only part of a multi-day event, then Organizer agrees to submit to Fever the necessary funds for a refund equal to the pro-rata monetary value portion of the purchase price of a multi-day ticket based on the corresponding monetary value of the portion of the multi-day event that was cancelled. For example, if Organizer sells a 3-day ticket to a festival for $150, and cancels 1 day of the festival, the Organizer must provide Fever enough funds for a $50 refund to Customers for the cancelled day.

(vii) If an event is cancelled by the Event Organizer within 24 hours before the event starts, this will lead to the payment by the collaborator of 30% of the face value of the tickets sold. This amount will be given to the users as a compensation of the event cancellation on such short notice.

(viii) Event Organizer will provide clear instructions and contact information to Customers regarding the Refund Policy included within this Merchant Agreement so that Customers can make refund requests in due time (e.g.: Event Organizer agrees to inform Customers that they should duly ask for a refund before the Monday following the Event’s stated or revised date as set forth in Sections 5.2 and 5.3 below).

Fever does not permit exchanges for tickets to other events.

d) Mandatory Refunds

Notwithstanding the foregoing, Event Organizer authorizes Fever to make refunds in the following situations (i) Organizer specifically authorizes the refunds at the time; (ii) the event description presented to a Customer at time of purchase is significantly different from the actual event; (iii) Customers are unable to attend the event due to failure of the Organizer to adequately plan for capacity, ingress or egress, or attendance will otherwise subject the Attendee to safety concerns; (iv) Fever believes in its discretion that specific orders should be refunded under certain applicable local, state, provincial, national or other law, rule or regulation; (v) Fever believes in its discretion that the refund request, if not granted, will lead to a chargeback that Fever is more likely than not to lose; (vi)

Organizer failed to list a refund policy on the applicable event page and Fever believes in its discretion that a refund would be reasonable under the circumstances; (vii) Fever believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (viii) Fever believes in its discretion that the order is a duplicate. Organizer also authorizes Fever to make refunds of any and all orders (including those for unrelated events) if (A) Fever believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations; (B) Fever believes in its discretion that there is substantial risk of non-performance by Organizer with respect to the applicable event or future events; (C) Fever believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) Fever believes in its discretion that Organizer is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose Fever to legal liability. Because all sales are ultimately made by Organizers, Organizer hereby agrees to promptly and fully reimburse Fever and its affiliates upon demand for refunds that Fever makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds is caused by Fever’s negligence or willful misconduct. Organizer acknowledges and agrees that chargebacks will result in losses to Fever in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback Fever is mitigating such losses and its damages with respect to Organizer’s breach of this Merchant Agreement. If you do not remit funds to Fever that are sufficient to cover mandatory refunds as described by Sections 4 and 5 for an event cancellation or nonperformance, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under the Terms of Service, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 5.1(b) and 6 of this Merchant Agreement.

5.2. Event postponed or change of venue

If an event is moved from its advertised venue and / or the date is changed, tickets already purchased may remain valid should the Customer wish to attend the revised Event. If not, Fever will refund the purchase price of a Customer's tickets. Customers must contact Fever no later than the Monday following the event's revised date.

5.3. Significant Change to Event Line-up

Should the headline artist not appear or if the line up or content is substantially changed from that advertised at the time of purchase, then Fever will on request refund the purchase price of a Customer's tickets including (in the case of those tickets sold through any of Fever platforms) our fee our commission; whether that fee was originally presented as a separate item or was included within the stated face value of the ticket. Customers must contact us as soon as possible and no later than the Monday following the event's stated date.

5.4. Refunds requested after the Transfer of Funds

Customers are required to contact Fever no later than the Monday following the event to request refunds due to a postponed event, change of venue or significant change to event or line-up. Refunds can then be processed prior to the transfer of ticket income to the Event Organizer. Fever will not be able to process refunds after the Monday following the event unless the refund is due to an event cancellation that we have retained funds to cover all ticket refunds.

If Customers request refunds of their tickets after the Funds have been transferred to the Event Organizer, the ultimate responsibility for the refund will still lie with the Event Organizer. Fever will continue to be in charge of processing the refunds and all Refund policies and the right of setoff will still be applicable as set forth within Section 5 of this Merchant Agreement.

In any case, FAILURE BY THE EVENT ORGANIZER TO PAY THE REQUIRED FUNDS TO PROCESS THE REFUNDS WITHIN FIFTEEN (15) DAYS AFTER RECEIVING WRITTEN NOTICE FROM FEVER WILL RESULT IN THE BEARING OF INTERESTS AND OTHER ASSOCIATED COSTS SUBJECT TO THE PROVISIONS OF SECTION 6.1 AND 6.2 AND, ULTIMATELY, IN THE ACCOUNT BEING SUSPENDED.

6. Remedies

6.1. Non-Exclusive Remedies

In the event that Event Organizer fails to pay to Fever any amount owed pursuant to this Merchant Agreement when due and following a late payment notice being delivered by Fever, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) one percent (1%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. In the event any amounts are owed by Organizer to Fever under the Terms of Service (including without limitation this Merchant Agreement), Fever may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations (A) withhold any amounts due to the Event Organizer, whether for a particular event or for any other event that Organizer lists through the Services and use the withheld amount to setoff the amount owed by Organizer to Fever; or (B) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay Fever such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to Fever hereunder is not made by Organizer when due and after receiving a late payment notice from Fever, Fever reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have). In addition, any such unpaid amounts due and owing to Fever are subject to collections in accordance with Section 6.2.

6.2. Collections and Cost of Recovery

Fever reserves the right to pursue any late and unpaid amounts due and owing to Fever for collections if such amounts are not paid within thirty (30) days after the date of the invoice. In addition, Organizer agrees to promptly and fully reimburse Fever upon its demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by Fever in collecting past due amounts or any other amounts due and owing from Organizer under this Merchant Agreement, the Terms of Service or otherwise. Organizer agrees that if Fever must seek collections for past due amounts and Organizer does not respond or pay in full after receiving a collection notice, Fever reserves the right to pursue outstanding balances through any available legal means in accordance with the Terms of Service.

7. Prohibited Merchants; Prohibited Events; Prohibited Transactions

7.1 Prohibited Merchants

By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:

a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”);

b) you are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) appears on the Bureau of Industry and Security’s Denied Persons List; (iv) appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade or (vi) is subject to sanctions in any other country; and

c) you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Form of Payment is not presently revoked or suspended.

If you fall into any of the categories set forth above, as determined by Fever in its discretion, you are a “Prohibited Merchant.”

7.2 Prohibited Events

You may not post events to the Services that:

a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;

b) would be prohibited under the Payment Scheme Rules;

c) take place in Restricted Countries ; and

d) contain any Content (as defined in the Terms of Use) that would violate the Terms and Conditions of Use.

Any event that falls into any of the categories set forth above, as determined by Fever in its discretion, is a “Prohibited Event.”

7.3 Prohibited Transactions

You represent and warrant that you will not submit for processing through the Services:

a) any transaction that would violate the payment rules set in this Merchant Agreement;

b) any transaction that is fraudulent or criminal in nature;

c) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events.

Any transaction that falls into any of the categories set forth above, as determined by Fever in its discretion, is a “Prohibited Transaction.”

7.4. Remedies

In the event that Fever discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then Fever may take any or all of the following actions in its discretion in addition to any and all remedies that Fever may have under the law or elsewhere in the Terms of Service:

a) suspend or terminate your Fever account;

b) alter, edit, or remove any Prohibited Event or any portion thereof;

c) block, reverse or refund any or all of your transactions;

d) hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; and

e) refer you, your events and/or your transactions and information relating to the same to our Payment Processing Partners, the Card Schemes and/or applicable law enforcement agencies for further action.

8. Permitted Uses of the Website

The following activities performed by any user of the Website are prohibited on the Website and constitute express violations of The Terms of Service and of this Merchant Agreement:

A. Submitting any content to the Website that: i) contains personal information of users, such as their e-mail and name ("Personal Information"), except when we expressly ask you to provide such information; ii) violates any national or international applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); iii) offers unauthorized downloads of any copyrighted, confidential or private information; iv) impersonates any person or entity, or falsifies or otherwise misrepresents yourself or your affiliation with any person or entity; v) possesses or creates a privacy or security risk to any person; vi) makes use of offensive language or images; vii) contains software viruses or malware or any other computer code designed to interrupt or limit the functionality of any computer software or hardware; or viii) is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

C. Using any of the following: i) frames, framing techniques or framing technology to enclose any content included on the Website without our express written permission; ii) any Website content, including without limitation “Customer Information” (as defined in Section 14.2 of the Terms of Use), in any meta tags or any other “hidden text” techniques or technologies without our express written permission; iii) the Website or any of its resources to solicit consumers, activity providers or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Fever, including, without limitation, aggregating current or previously offered activities; or iv) the Website or any of its contents to advertise or solicit any content with commercial, political or religious purposes.

D. Collecting any of the following: i) personal Information, “Customer Information” (as defined in Section 14.2 of the Terms of Use); or ii) content from the Website, including, but not limited to, information in connection with current or previously offered activities; with the aim of featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission.

9. Customer data

In respect of any personal data (as defined in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC), the Event Organizer is responsible to ensure that they comply with the applicable laws and continue to comply with any future laws that may amend or replace the existing regime and any guidance notes or guidelines issued by the relevant data protection authority.

10. Disclaimer

Fever does not promise that the Website will be error-free, uninterrupted, or that it will provide specific results from use of the Website or any content, search or link on it.

Fever cannot ensure that files you download from the Website will be free of viruses or contamination or destructive features.

Fever will not be liable for any damages of any kind arising from the use of this Website, including without limitation, direct, indirect, incidental and punitive and consequential damage. Fever makes no guarantee of any specific result from use of this Website or use of the Fever service.

11. Limitation of liability

In no event shall Fever be liable for any indirect or consequential loss or any loss (whether incurred directly or indirectly) of profit, business, revenue, date, goodwill or reputation.

Fever disclaims any and all liability for the acts, omissions and conduct of any third party users, Fever users, advertisers and / or sponsors on the Website, in connection with the Fever service or otherwise related to your use of the Website and /or the Fever service. Fever is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or reference on the Website.

Notwithstanding the foregoing, nothing in the Merchant Agreement shall be taken to limit or exclude any liability which Fever may have for (i) death or personal injury arising from Fever negligence; (ii) fraudulent misrepresentation; or (iii) any liability that cannot be excluded or restricted by law.

12. Indemnity

You shall indemnify Fever, defend and hold harmless Fever and Fever affiliated or related companies and their respective joint ventures, successors, assigns, directors, officers, employees and agents and shall keep each of them fully and effectively indemnified against any and all losses, imposed on, incurred by or asserted against them arising from:

1. any breach of the Agreement or breach of warranty by the Event Organizer of the acts or omissions of the Event Organizer, your employees, sub-contractors or agents;

2. any Event or Venue (other than and to the extent that any losses arise directly from breach of this Agreement by Fever or our negligence);

3. any breach of copyright or privacy laws or any other applicable law;

4. any advertisement, marketing or promotion (other than any material produced by Fever), including without limitation the production and placement of fly-posters.

13. Trademarks

14. Privacy Policy

Fever highly values the privacy of its user's. For more information regarding personal data protection, please refer to the Fever Privacy Policy available here

15. Contact information for Customer service:

E-mail:

hello@feverup.com, hola@feverup.com, ola@feverup.com, salut@feverup.com

GLOBAL PRIVACY NOTICE

Effective date: March 9, 2026

Index

1. Who we are 1

2. Our values and why do you need to read this Global Privacy Notice 1

3. Children 2

4. What type of Personal Data we may collect and use about you? 2

5. How can we use your Personal Data? 4

6. How do we use your Personal Data for marketing? 5

6.1 Experience discovery and recommendation 5

6.2 Third-party marketing 6

6.3 Opting Out 6

6.4 Third-party advertising companies 6

7. How we share your Personal Data and who we share it with 7

8. International data transfers 8

9. Cookies and tracking technologies 8

10. Security 11

11. Data Retention 11

12. Personal Data from third data subjects 11

13. Your rights and how to exercise these rights 12

14. Third-party sites 12

15. Changes to this Privacy Notice 12

16. Complaints, questions and suggestions 12

Annex I - Data Protection Authorities and Privacy Notice variations by country 14

Who we are

We are Fever Labs Inc. ("Fever"), domiciled in the United States of America, with TIN: 99-0368536, registered at 50 Greene St 3 Fl, New York, NY 10013, and we operate the Websites www.feverup.com, www.secretmedianetwork.com and all of the webpages, subdomains, country level domain variants and subparts of those Websites (collectively, our "Websites") as well as our free applications (the "Apps", and jointly with the Websites, the “Platform”). Fever is the leading global live-entertainment discovery and recommendation Platform. Fever drives users to consume experiential entertainment by providing curated events based on its proprietary analytics of data insights and any information that relates to and identifies our users and customers (“Personal Data” or “Personal Information”), and drive traffic and provide an avenue for spontaneous discovery for event organisers (the "Services").

Fever is the “controller” or “business” in charge of processing your personal data when providing the Services. In addition, we would like to inform you that, within EU territory, the Spanish Data Protection Authority (“Agencia Española de Protección de Datos - AEPD”) has been designated as Fever’s Lead Supervisory Authority.

Fever provides its Services to you through different companies. You can check out the Fever companies that are responsible for the processing of your Personal Data in Annex I.

Our values and why do you need to read this Global Privacy Notice

We value your privacy and want to be accountable, fair and transparent with you in the way that we collect and process your Personal Data. Our overall aim is to ensure that our collection and use of your Personal Data is appropriate to the provision of the Services and is in accordance with applicable data protection laws. We also want you to know your rights in relation to your Personal Data which you can find in section 13 .

In line with these values, this Privacy Notice informs you what to expect when we collect and use Personal Data about you. We have tried to make it easy for you to navigate so you can find the information that is most relevant and our relationship with you.

This Privacy Notice explains what information we collect, how we use it, and your rights over your Personal Data. We may collect your Personal Data when you use:

Our websites at www.feverup.com www.secretmedianetwork.com
Fever Apps
Any of the Services available to you through our Platform

Sometimes, we may also provide you with “just in time” privacy explanations in the Platform. When you use a new Fever product or service for the first time:

these explanations will help you to understand what specific personal data Fever collects, uses or shares about you for that product or service;
where relevant, you will be prompted to review your in-app privacy preferences.

We may provide privacy notices and explanations in languages other than English. If there are any discrepancies between other language versions and the English language version, the English language version is authoritative.

If you have any questions or need any help in relation to this Privacy Notice or how Fever processes your Personal Data, please contact our Data Protection Officer through our Privacy Form.

Children

We do not and will not knowingly collect information from any unsupervised child under the age of 13. If you are under the age of 13, you may not use the Services unless your parent/s or guardian has provided us with their express authorization for your use of the Services.

What type of Personal Data we may collect and use about you?

Fever wants to provide as much detailed information as possible regarding what Personal Data we may collect and use:

Type of Personal Data	Details
Information you give us	We may collect information you provide when you: register and create an account to use the Platform or any of our Services; contact or correspond with our user support team (phone, email or even through the App); fill in any forms; respond to any of our surveys; subscribe to our newsletters or enter a competition, sweepstake or promotions; share information with us on social media. We may collect the following Personal Data and additional information: your name and surname; email address; phone number (if you add it to your profile); date of birth (if you add it to your profile); location based in IP address or details of the device you use; your profile picture (image) if you create a Fever account using social login; records of our conversations and messages, if you contact us or we contact you (including records of phone calls) your image and/or voice in photo or video form If you provide us Personal Data about other people (such as the attendees with whom you are going to attend an experience or event), you confirm that you have brought this privacy notice to their attention beforehand.
Information collected from your use of our Services	Whenever you use our Platform, we may collect the following information: Technical information, including the Internet Protocol (IP) address used to connect your computer, mobile device or tablet to the internet, your login information, the browser type and version, the time zone setting, device language, the operating system and platform the type of device you use, whether your device uses a virtual private network (VPN), a unique device identifier (example: your device’s IMEI number), mobile network information, your mobile operating system and the type of mobile browser you use. Information about your visit, interests and preferences, including the links you’ve clicked on, through and from Platform (including date and time), services you viewed or searched for, page responses times, download errors, length of visits to certain pages, page interaction information (such as scrolling and clicks), and methods used to browse away from the page. Details and information about the transactions such as the tickets purchased; Social media information when logging in with your social media credentials, such as Facebook or Google (please read carefully their privacy policies for a better understanding of the Personal Data they provide to Fever, detailed in the section called "Third parties or publicly available sources"). Information stored on your device, including if you give us access to contact information from your contacts list (only if you have given us permission)
Information about your location	If you turn on location services, we may track your location using GPS technology (you can configure whether this functionality is active only during the use of the Fever app).
Information from others	We may collect Personal Data from third parties or other people, such as fraud prevention agencies and partners who help us to provide our Services.
Information from third parties or publicly available sources	We may collect Personal Data about you from various third parties as set out below: Third-Party Social Login Account: if you log into the Services through a third-party account such as Facebook or Google, we will collect certain information relating to your account from those third parties (including your name, profile image, age group, gender and other information available on your public profile), your date of birth and your email address. You can manage the information data which is shared by such third parties with us by amending your preferences through using the privacy settings which these third parties provide on their platforms. Technical Data: (i) analytics providers based inside and outside the EU, such as Adobe Analytics and Google Analytics; (ii) advertising networks based inside and outside the EU, such as Facebook Audience Network; and (iii) search information providers, based in the EU, such as Adobe Audience Manager. For further information about how each of these parties collect and process your data, please see the “Third-Party advertising companies” section below. Contact and Transactional Data: We may receive contact and transactional data from payment service providers; Third-Party Services: Some third parties provide certain services within our Platform, such as facilitating and administering user feedback forms, newsletter subscriptions, and competitions.

How can we use your Personal Data?

In order to process your Personal Data, we must have a legal basis (a valid legal reason). Our legal basis will be one of the following:

It is necessary to fulfil a contract or agreement that we have with you. We need certain Personal Data to provide our Services and cannot provide them without this Personal Data.
It is required for our legitimate interests. We sometimes collect and use your Personal Data because we have a reason to use it and this is reasonable when balanced against your rights and freedoms.
It is permitted because you have provided your consent to us. Where you’ve agreed to us collecting your Personal Data, for example when you tick a box to indicate you’re happy for us to use your Personal Data in a certain way (send newsletter with promotions, discounts or new experiences or events or share your Personal Data with the event organiser for marketing purposes).
It is required in order for us to comply with legal obligations. In some cases, we have a legal responsibility to collect and store your Personal Data (for example, under tax regulations we must retain certain information about transactions and our customers).

Where we need to collect Personal Data in order to comply with a legal obligation or under the terms of a contract or agreement we have with you and you fail to provide that Personal Data when requested, we may not be able to perform the contract we have or are trying to enter into with you (in this case, to provide you with the Services). In this case, we may have to cancel the Services but we will notify you if this is the case at the time.

Our legal basis for using your Personal Data	For what purposes we use your Personal Data
Necessary to fulfil a contract or agreement that we have with you	Provision of our Services, account administration and informing about changes to our Services; Processing your ticket transactions and payments (payment process handled by third-party payment service providers that comply with Payment Card Industry Data Security Standards); Provision of user support services and responses to your enquiries and requests. We may record and monitor any communications between you and Fever, including phone calls, to maintain appropriate records, check your instructions, analyse, assess and improve our services, and for training, monitoring and quality control purposes; Provision of personalised recommendations and content within the Services by collecting data about you in order to build a profile of your preferences based on your activity when you use the Services. The Services cannot be provided to you without this profiling. If you wish to object to this profiling, we will not be able to provide the Services to you and you should not use or access the Services.
Legitimate interests	Detect and prevent fraud; Keep our Services and IT systems secure, as well as ensuring that Fever processes, procedures and systems run as efficient and effective as possible (including troubleshooting, data analysis, testing, research, statistical and survey purposes); Suggest events or experiences similar to those previously purchased that may be of interest to you under the scope of our Services and personalise your in-app experience and marketing messages about our Services to make them more relevant and interesting to you. This may include analysing how you use our Services and your ticketing transactions; Ask your opinion about our Services through specific surveys; Analyse and enhance the information that we collect, your use of the Services to improve them or develop new ones, including but not limited to our content, features, scheduling, technology and events; Determine the effectiveness of our promotional campaigns and advertising; Use your IP addresses and device location to identify the location of users and block any unauthorised users; Keep records of your marketing communications preferences; We collect anonymised statistical datasets and details about visitors to our website and about our users' transactions patterns for the purposes of aggregate statistics, data analytics, dashboards and insights, reporting purposes and to understand how our users use our Services. These datasets may be shared internally or externally with others, including our partners. However, no single individual will be identifiable from the anonymised details we have collected for these purposes.
Consent	Allow our Partners and other organisations (such as sponsors or venues, among others) to provide you with information about their products or services, discounts or promotions if you agree through the enabled mechanisms (based on opt-in or opt-out solutions); Discovery and recommendations based on location (example: provide relevant information of experiences or events nearby when you have location features switched on); Participation in sweepstakes and giveaways through Fever's social networks; Sending newsletters or promotional communications about news, sponsorships or future special events; Photography and video recording at events and experiences to use your image for promotional purposes or for future marketing campaigns. This can include also user generated content; Where you have given us your express consent for other specific data processing actions, we will use your data for such actions. If we rely on your consent for us to process your Personal Data in a particular way, but you later change your mind, you may withdraw your consent at any moment by updating your preferences or by contacting our Data Protection Officer through our Privacy Form.
Legal Obligations	Where we must comply with our legal obligations or to help detect or prevent a crime, we may share your Personal Data with other organisations (example: law enforcement authorities, tax authorities, fraud prevention agencies, etc.); Response to data subject requests, complaints or handle legal claims/disputes; Any ancillary processing activity in the event it is necessary to meet our legal or regulatory obligations;

How do we use your Personal Data for marketing?

If you sign up to our Services, and where national laws allow, we’ll assume you want to be contacted by push notifications, email and text message with information about Fever services, new events or experiences, offers and promotions. Where national data protection laws require us to get your consent to send marketing communications, we’ll do so in advance.

We use your Personal Data to personalise marketing communications about our Services so they are more relevant and interesting to you (where allowed by law). This may include analysing how you use our Services and your ticket transactions.

6.1 Experience discovery and recommendation

We may process your name, contact details, and the data on the Services used by you to suggest which experiences available on the Platform may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased a ticket on our Platform or provided us with your details when you entered a sweepstake, giveaway, competition or registered for a promotion, and in each case, you have not opted out of receiving such marketing communications.

Fever will also send mobile-integrated push notifications, in accordance with your marketing preferences, for advertising and marketing the Services themselves or events on the Services. Such push notifications may also include information on upcoming events that you may have signed up for, advising of the upcoming start time, venue, or any changes that may concern such event. These notifications can be turned off through the mobile device notification settings or by using the means set out in the “Opting Out” section below.

If you connect your Facebook/Google account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.

6.2 Third-party marketing

Depending on national data protection laws, We will obtain your express opt-in consent before sharing your Personal Data with any company outside of the Fever group for marketing purposes.

In addition, we may share your Personal Data (limited to name, surname and email address) with a sponsor, event organiser or venue for a Fever-organised Experience. These third parties will be clearly identified in the Experience you decide to join and/or participate. In those cases, either We or the third-party may gather your consent during or after the Experience for any processing of Personal Data, in addition to sending marketing communications electronically about its products and/or services. Please read carefully any clause and/or privacy notices provided by the third-party before providing additional Personal Data and/or your consent.

6.3 Opting Out

We want to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising (including the sending of marketing messages). You can update your choices at any time by logging into the Platform and checking or unchecking relevant boxes or sliders to adjust your marketing preferences. For such purpose, we have developed a preferences centre where you can view and make certain decisions about your Personal Data use. Additionally, you can exercise control over your Personal Data by following the opt-out links on any marketing communications sent to you or by contacting us at any time, or through our Privacy Form.

Where you opt out of receiving these marketing communications, please note that this will not apply to Personal Data we collect and its necessary for the proper provision of our Services. Therefore, you will continue to receive service communications related to the functionality and/or administration of our Services. For instance, as mentioned above, you may receive notifications about updates to our Services or changes in our legal terms.

6.4 Third-party advertising companies

We aim to ensure that our advertising and marketing remain relevant and interesting to you. To achieve this, we use third-party advertising and technology companies as data processors to serve ads and/or provide aggregated data to assist in ad delivery when you visit or use our Services. This includes third-party technology companies that collect data about you to create a profile of your preferences based on your interactions when you use our Services. These companies also automatically collect data when you use our Services to assist us identify the ads that are served to you and what you do after seeing those ads. In addition, we also share data with providers of web analytics tools, such as Google Analytics, which we use to analyse your use of the Services.

These third-party advertising companies collect, store and use data by integrating cookies and other tracking technologies on our Services.

In some cases, these third parties may also use the data that they collect for their own purposes. For instance they may aggregate your data with other information they hold and use it to inform advertising-related services provided to other clients or collaborate with other advertising companies and share your Personal Data as part of the process.

Please see our Cookie Notice for more information on the third-party advertising companies which collect, use and store data about you, and the use of cookies and other tracking technologies implemented on our Services. From our Cookie Notice, you can also learn how to exercise control over this data collection and usage. If you choose to restrict or prevent tracking for these purposes, the advertising you see when you visit or use our Services will no longer be tailored to your preferences.

We may also share your data with social media or similar platforms so that you and other people can see relevant content on those platforms. For example, we may use the Facebook Custom Audiences service and share your email address in a protected format with Facebook. This allows us to include you in a custom audience to serve you relevant advertising content on Facebook or create an audience of other Facebook users based on the information in your Facebook profile. You can opt-out by submitting a request through our Privacy Form through the Communications Preferences, Legal or Account sections available on your account profile.

How we share your Personal Data and who we share it with

We may share your Personal Data and other information under the following circumstances:

Fever group subsidiaries. These fully owned subsidiaries of Fever Labs Inc. are required to process such information based on our instructions, internal procedures and protocols and in accordance with this Privacy Notice. Unless there is a legitimate enabling basis, they have no power to share your Personal Data independently. We may share your Personal Data within the Fever group subsidiaries to:

provide you with the best user experience and Services;
protect you, other users and our systems from fraud or harmful behaviour;
improve existing, or develop new Services;
send you information about Fever services we think you’ll be interested in hearing about.

Third-party service providers. We may share your Personal Data with third-party service providers, acting as our data processors, in order to facilitate or provide certain services on behalf of Fever. By way of example and not limitation, it may include:

Mobile & Tech Companies to enhance communication services and optimize mobile experiences. Sharing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
IT infrastructure and support providers that facilitate our provision of the Services to you;
Analytics and user research providers that help us improve our Platform;
Communications and survey services providers to help us provide our Services to you and help us send you emails, push notifications and text messages; and
Other third-party service providers, for the purpose of providing our Services or tracking our users' use of the Services (including but not limited to payment service providers).

These providers are authorised to process your Personal Data only as necessary to provide these Services to us.

Compliance with legal obligations. When we respond to court orders or legal processes, or to exercise our legal rights or defend ourselves against legal claims. When we believe it is necessary to share your Personal Data in order to investigate/prevent a crime or take actions against illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law.

Mergers & Acquisitions. When we need to transfer Personal Data about you if we are acquired by or merged with another company. If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified afterwards via email and/or a prominent notice on our Services of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data.

Social media and advertising partners. When we use social media for marketing purposes, your Personal Data (limited to only your name and email address) may be shared with the social media platforms so that they can check if you also hold an account with them. If you do, we may ask the advertising company or social media provider to:

use your Personal Data to sent our ads to you, because we think that you might be interested in new Fever products or services;
not send you our ads, because the marketing related to a service that you already use;
send our ads to people who have a similar profile to you (lookalike audiences) and custom audiences. Please note that your Personal Data is hashed before we send it to the advertising partner and they are only allowed to use it in the ways described above.

Experience or Event organisers. When you purchase tickets, sign up for, or donate to an experience or event through our Platform, we may share your Personal Data with the entity organising that experience or event. Sometimes, these organisers might have others help them set up the event. We call these helpers "Third-Party Organizers." For example, a concert venue might let a promoter use our Platform to create an event at their venue. In these cases, we might share your Personal Data with both the venue and the promoter for logistical or operational purposes due to it being necessary for the proper execution of the contract with you. Remember, we're not responsible for how these experience or event organisers or Third-Party Organisers process your Personal Data or if they comply with applicable data protection laws.

Other Fever users: given the nature of our Services, other Fever users may be able to access or view certain Personal Data in connection with your participation in an experience or event. In addition, we may ask you to let us sync your mobile phone contacts in order to share with them previously purchased tickets or send them discount codes, among other purposes.

International data transfers

As a general rule, if you are a user resident in the European Economic Area (EEA), please note that Fever aims to store your Personal Data in the EEA territory. However, in some limited circumstances, we may need to transfer your Personal Data to other Fever group subsidiaries or to third-party services providers located in countries outside of the European Economic Area (EEA) or the United Kingdom (UK) to (i) help us provide our Services; (ii) provide ongoing user support; (iii) comply with legal and regulatory requirements; and (iv) fraud prevention and response to law enforcement authorities.

When transferring Personal Data outside the EEA or UK to other countries that do not offer a standard of data protection equivalent to the EEA or UK , we will make sure that your Personal Data is sufficiently protected and make sure that a contract with strict data protection safeguards and clauses are in place before we transfer your Personal Data.

Please also note that when you are purchasing tickets or enrolling into an event, such event may be organised by another entity located outside the EEA. By enrolling in such event or purchasing the relevant tickets you acknowledge the necessity of transferring your Personal Data to the organiser for the purpose of managing your participation in the relevant event or experience.

If you are a European resident, you can find out further information about the rules on data transfers outside the EEA, including the mechanisms that we rely upon, on the European Commission website.

Cookies and tracking technologies

We use cookies to analyse how you use our Services. In addition, pixels, web beacons, tags and scripts may be used by Fever and our partners, affiliates, analytics or service providers. These technologies are used for measuring performance of our email campaigns, analysing trends, administering the Services, analytics and tracking users’ behaviours regarding the Services and to gather demographic information about our user base as a whole. We receive reports and build internal dashboards based on the use of these technologies on an individual as well as aggregated basis.

We use cookies, for example, to remember users’ settings (e.g. language preference). Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Services, but your ability to use some features or areas of our Services may be limited.

9.1 What is a cookie?

Cookies are small text files sent by us to your computer or mobile device, which enable Fever features, functionalities and allow the Websites or App, among other things, store and retrieve information about the number of visits, browsing habits of the user or your device and, depending on the information they contain and the way you use your device, can be used to recognize the user. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.

9.2 How is Fever using cookies?

Some cookies are associated with your account and personal data to remember that you are logged in and which workspaces you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things.

Cookies can be used to recognize you when you visit a Website or use our Services, remember your preferences, and give you a personalized experience that is consistent with your settings. Cookies also make your interactions faster and more secure.

Categories of use:

Authentication: If you're signed into the Services, cookies help Fever show you the right information and personalize your experience.
Security and functionalities: Fever uses cookies to enable and support security features, and to help detect malicious activity. They are strictly necessary, and used by Fever to allow you to navigate through the Websites and use the different options or Services that exist in them. For example, these cookies help Fever identify the session, access restricted parts, remember the elements that integrate an order, process the purchase order, use security features while browsing or store, disseminate and / or share content.
Personalization, Preferences, features, and services: Cookies denote which language you prefer and what your communications preferences are. They can help fill out forms on our Websites and Apps more easily. They also provide you with features, insights, and customized content.
Marketing: Fever may use cookies to help deliver marketing campaigns and track their performance (e.g., a user visited feverup.com and then made a ticket purchase). Similarly, Fever’s partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies. They help to manage content relevance more efficiently based on your preferences and to refine and improve product offerings aligned with your interests.
Performance, Analytics, and Research: Cookies help Fever learn how well the Websites, Apps and Services perform. Fever also uses cookies to understand, improve, and research products, features, and services, including to create logs and record when you access our Websites, Apps and Services from different devices, such as your work computer or your mobile device. This includes creating user navigation profiles on the Websites and Apps with the goal of implementing enhancements of our Services. Google Analytics is an example included in this category.
Social Cookies and Pixels:

Social Cookies: These may be used to enable you to share our content with your friends and networks. They are capable of tracking your browser across other websites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these technologies you may not be able to use or see these sharing tools. This category includes Facebook

Pixels: These are small, virtually invisible, pixel-sized programs hosted on our Websites or Apps that create a link between your visit to our Websites or Apps and a third party. When the pixel is loaded, the third party places a cookie on your device for analytical and advertising purposes.

9.3 What categories of personal data does Fever process?

While the specific data collected and processed through cookies may differ based on your individual settings and preferences, we typically gather the following information related to your usage and device:

The date and time you last accessed our Websites,
The pages or content you engaged with during your initial visit to our Websites,
The language setting you prefer to use by default,
Details about your device, such as the type and model, the operating system and its version, the type of browser and its configuration, your IP address or another unique identifier for your device, and a unique token for your device,
Information categorizing you as a user, which might include your behavior, likes and dislikes, or purchasing history.

If you consent to the activation of personalization cookies, we may integrate your personal information with other data to create a profile of your interests and activities.

9.4 What kind of cookies do we use?

First-Party Cookies (Fever): These cookies are created and used by Fever’s own Websites. They help the site to function properly, save your settings for future visits, and tailor Fever’s Websites’ experiences specifically to you.

Third-Party Cookies: These cookies come from external sources, not our Websites. They are often employed by our advertising or analytics partners (eg. Google, Meta, etc.) to follow your activity across various sites, which allows for personalized advertising and helps gather broad usage statistics.

Read more about how Google handles personal information

9.5 Cookie retention period

The data collected from the installation of cookies will be used strictly for the duration required to achieve the specified purposes, based on the cookie type:

Session cookies: These cookies are temporary and expire once you close your browser (or once your session ends).
Persistent cookies: This category encompasses all cookies that remain on your hard drive until you erase them or your browser does, depending on the cookie’s expiration date. All persistent cookies have an expiration date written into their code, but their duration can vary. They should not last longer than 12 months, but in practice, they could remain on your device much longer if you do not take action.
Proprietary cookies: They will not remain active for longer than 12 months from the time you gave your consent for their installation. Please be aware that we may need to retain this data in a restricted form until any possible legal claims are time-barred.

Furthermore, even after a cookie has expired, we may renew it if you agree to its use once more.

9.6 Information sharing from cookies

Depending on your consent to the use of certain cookies, the data gathered via cookies may be shared with selected partners and service providers who assist us with various functions, such as website analytics, advertising, and improving user experience.

Please, take into account that some of our service providers may be based outside of the European Economic Area (EEA), in countries that might not initially provide the same level of data protection as within the EEA, as required by relevant data protection laws (e.g., the General Data Protection Regulation). These countries could include the home countries of third-party cookie providers that work with us in the use and placement of cookies.

In those cases, Fever will conduct those data transfers in accordance with standard contractual clauses pre-approved by the European Commission. For further details on these protective measures or to confirm their provision, you can reach out to us using the contact information provided above. Additionally, you can learn about the personal data transfers by the third parties by reviewing their respective policies on their websites. Please note that Fever is not liable for their individual adherence to applicable regulations.

9.7 How can you manage the use of different types of cookies?

When you first visit Fever’s Websites or Apps, a cookie banner will pop up to inform you about our use of cookies as described in this Cookie Notice. This banner will enable you to provide informed consent from the onset for the use of cookies, by agreeing to the specific installation of particular types of cookies. In this case, you can always adjust your preferences or withdraw your consent at any time, both for our first-party cookies and those set by third parties.

In order to use certain Services and functionalities that we offer through Fever, it is necessary for you to have cookies enabled in your Internet browser. Specifically, by means of these technical cookies, Fever will be able to identify you as a registered user each time you access the Websites and Apps, thus allowing you to access and use such services and functionalities.

Managing cookie preferences: You can modify your settings directly via the cookie banner or through the Settings Panel.

Disabling cookies: If you wish to disable cookies, you can do so using the settings in your web browser. For guidance on how to manage cookies in your specific browser, please refer to the following instructions:

You should always access the most updated support information of these browsers to find out how to delete cookies, since such information may differ between versions and operating systems.

In the event that you use any other browsers (e.g., Vivaldi or Brave) we recommend that you consult the different cookie settings options that may be available in it at any given time, as they may be subject to change.

Note that your particular browser may at times generate an instant message that will provide you with the possibility to oppose the installation of these cookies. In the event that your browser does not provide this possibility automatically, you may prevent the installation of cookies by following the instructions of your browser, as described above.

In the event that you decide not to accept cookies on our Websites or Apps, you will be able to continue to use the Websites or Apps as usual, although it is possible that your user experience may be slightly impaired.

9.8 Your rights regarding the use of cookies

Under current data protection laws, you have the right to manage your personal data. This includes the rights to access, rectify, erase, restrict its processing, object, as well as your right to data portability, and the right not to be exclusively subject to a decision based solely on automated processing. You can also withdraw consent for data processing at any time, as was described above.

To exercise these rights, you can contact Fever using the details provided above. Please note that to process your request, we may need to ask you for more personal information to identify you. In that specific case we will ask for it via email, and will only maintain it for the purpose of managing your request and then we will duly block it until the prescription of any potential legal liabilities.

Security

Whilst we take appropriate technical and organisational measures to safeguard the Personal Data that you provide to us, no transmission over the Internet can ever be guaranteed 100% secure. Consequently, please note that we cannot guarantee the security of any Personal Data that you transfer over the Internet to us.

We are committed to protecting your Personal Data using appropriate technical and operational security measures such as access controls that restrict and manage the ways in which your Personal Data is stored and handled, in order to maintain the confidentiality, availability and integrity of your Personal Data.

Data Retention

We will keep your Personal Data for as long as necessary to achieve the original purposes we collected it for and in compliance with applicable and relevant laws. Even after termination of the purpose for which your Personal Data was collected or upon receipt of a deletion request, we may need to continue to retain your Personal Data in accordance with data retention periods that vary from country to country, regulatory requirements or in order to resolve pending disputes, ongoing court claims or enforce our agreements.

We may delete your Personal Data (including any account that you set up to use our Services) if you do not use the Services during a two year period. Once this period is reached, we will contact you to confirm if you want to continue using our Services or if you prefer that we delete your Personal Data permanently.

In some circumstances, we may anonymise your Personal Data (so that it can no longer be associated with you and does not allow re-identification) for our internal research, analytical or statistical purposes in which case we may use this information indefinitely without further notice to you.

Personal Data from third data subjects

In the event that, in connection with the purchase of a ticket for an experience or event, it is necessary or you voluntarily provide us with the Personal Data of friends, relatives or other attendees, you guarantee and are responsible for having correctly informed them regarding the processing of their Personal Data by Fever and the organiser of the event, in accordance with the terms set forth in this Privacy Notice.

Your rights and how to exercise these rights

You have certain rights in relation to your Personal Data. If you would like further information in relation to these or would like to exercise any of them, please contact our Data Protection Officer through our Privacy Form.

In short, you have the right to:

Be told and obtain information regarding how we use your Personal Data.
Ask for a copy of your Personal Data. Please note that we may not be able to provide you any Personal Data about other people or linked to an ongoing crime or fraud investigation. In addition, we won’t provide you with any communication we’ve had with our legal advisers or internal notes about our procedures/protocols).
Ask us to correct your Personal Data if you think it’s wrong, inaccurate or incomplete. In that case, we may need to verify the accuracy of it.
Ask us to delete your Personal Data. As informed above, there may be circumstances where we may not be able to agree to your deletion request due to we have a legal obligation or there is an applicable data retention period.
Object (opt-out) the processing of your Personal Data for marketing purposes (including profiling) or other processing activities based on legitimate interests. Please note that we may not be able to accept it in the event we need to process your Personal Data for the proper provision of our Services or even need to close your account as we won’t be able to provide our Services.
Restrict the way that we process your Personal Data and ask us to suspend using your Personal Data. This may be possible if your Personal Data it’s not accurate or there is an ongoing legal claim.
Ask us to transfer all your Personal Data to another company. Please note that we may do it if a regulatory requirement enables it, providing your Personal Data in a structured, commonly used and machine-readable format.
Withdraw your consent or update your permissions. You’re in control of your Personal Data and therefore you can change your privacy settings and preferences in the App or by submitting a request through our Privacy Form.

We will consider all such rights requests and provide our response within a reasonable period (and in any event within any time period required by applicable data protection laws). Please note, however, that certain Personal Data may be exempt from such requests in specific circumstances. If an exception applies, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.

If we delete any Personal Data which we are holding about you, this deletion may only relate to the Services and not any other service provided by us in other jurisdictions. You should make requests for each account that you may have set up to access the Services or any other service provided by us.

Third-party sites

The Services contain links and pages to other websites operated by third parties. Please note that this Privacy Notice applies only to the Personal Data that we collect through the Services and we cannot be responsible for Personal Data that third parties may collect, store and use through their websites. You should always read carefully the Privacy Notices of each website you visit.

Changes to this Privacy Notice

This Privacy Notice was last updated on April 1, 2024. Please check back regularly to keep informed of updates to this Privacy Notice. Where we make significant changes to this Privacy Notice, and we have your email address, we will send you notification of the changes.

Complaints, questions and suggestions

We have a Data Protection Officer that can assist with all queries regarding our processing of Personal Data. Our Data Protection Officer can be contacted through our Privacy Form.

You have the right to lodge a complaint with local data protection authorities in the EEA and other third countries if you believe we have not complied with applicable data protection laws. The local authority differs depending on the country. Please see Annex I to check your local data protection authority and if there are any variations to this Privacy Notice in accordance with local regulatory requirements.

Annex I - Data Protection Authorities and Privacy Notice variations by country

Below, you can find information about the local data protection authorities and privacy Notice variations in some of the countries in which we operate.

Country

Additional information

Argentina

Supervisory Authority

Dirección Nacional de Protección de Datos Personales (PDP)

Av. Pte. Gral. Julio A. Roca 710, piso 3 - Ciudad Autónoma de Buenos Airestónoma de Buenos Aires, Argentina

Privacy Notice variations

Legitimate interest as a legal basis for processing your Personal Data is not available in Argentina. Instead, Fever will rely on the following legal basis for processing your Personal Data:

Necessary to perform the contract or provision of Services;
Consent;
Compliance with a legal obligation;
Personal Data is obtained from sources with unrestricted public access;
Personal Data is limited to name, ID number, tax or social security ID number, profession, date of birth and domicile.

Fever will collect, use, and disclose your Personal Data in accordance with section 5 of this Privacy Notice, solely for the purposes outlined herein. Fever utilises Amazon Web Services (Ireland) as its service provider for storing your Personal Data.

Australia

Supervisory Authority

Office of the Australian Information Commissioner

GPO Box 5218 Sydney

NSW 2001

Privacy Notice variations

Fever will collect, use, and disclose your Personal information in accordance with section 5 of this Privacy Notice, solely for the purposes outlined herein. Fever utilises Amazon Web Services (Ireland) as its service provider for storing your Personal Data.

Austria

Supervisory Authority

Austrian Data Protection Authority

Österreichische Datenschutzbehörde

Barichgasse 40-42

1030 Wien

Belgium

Supervisory Authority

Autorité de protection des données

Rue de la Presse, 35

1000 Bruxelles

Belgique

Brazil

Supervisory Authority

Autoridade Nacional de Proteção de Dados (ANPD)

Zona Cívico-Administrativa BL C - Brasília, DF,

70297-400, Brasil

Privacy Notice variations

Canada

Supervisory Authority

Commissariat à la protection de la vie privée du Canada

30, rue Victoria

Gatineau (Québec)

K1A 1H3

Privacy Notice variations

Legitimate interest as a legal basis for processing your Personal Data is not available in Canada. Instead, Fever will rely on the following legal basis for processing your Personal Data:

Necessary to perform the contract or provision of Services;
Consent;
Compliance with a legal obligation.

Chile

Supervisory Authority

Consejo para la Transparencia (CPLT)

Morande 360, Piso 7

Santiago

Privacy Notice variations

Legitimate interest as a legal basis for processing your Personal Data is not available in Chile. Instead, Fever will rely on the following legal basis for processing your Personal Data:

Necessary to perform the contract or provision of Services;
Consent;
Compliance with a legal obligation;
Collection or processing of personal data is authorised by law.
Personal data is obtained from sources with unrestricted public access.

Costa Rica

Supervisory Authority

Agencia de Protección de Datos de los Habitantes

Prodhab

San Pedro de Montes de Oca, Alameda, avenida 7 y calle 49, edificio Da Vinci

Denmark

Supervisory Authority

The Danish Data Protection Agency

Datatilsynet

Carl Jacobsens Vej 35

DK-2500 Valby

France

Supervisory Authority

Commission nationale de l'informatique et des libertés (CNIL)

3 Place de Fontenoy

TSA 80715

75334 PARIS CEDEX 07

Germany

Supervisory Authority

Die Bundesbeauftragte für den Datenschutz und die Informations freiheit

153 Graurheindorfer Straße, 53117, Bonn,

Deutschland

State Data Protection Authorities

India

Supervisory Authority

Data Protection Board of India (Board).

Privacy Notice variations

If applicable, in addition to the rights listed above in section 13, you have the right to:

seek information as to all the data fiduciaries with whom your Personal Data has been shared, along with the categories of Personal Data so shared.
redressal of grievance from the data fiduciary at the first instance and then approach the Board;
nominate another individual who will exercise the data principal's rights in case of the event of your death or incapacity.

Ireland

Supervisory Authority

Office of the Data Protection Commissioner

Canal House

Station Road

Portarlington

Co. Laois

Italy

Supervisory Authority

Garante per la protezione dei dati personali

Piazza Venezia 11

00187 Roma

Italia

Japan

Supervisory Authority

Personal Information Protection Commission

Kasumigaseki Common Gate West Tower

32nd Floor, 3-2-1 Kasumigaseki, Chiyoda-ku Tokyo 100-0013

Japan

Privacy Notice variations

Legitimate interest as a legal basis for processing your Personal Data is not available in Japan. Instead, Fever will rely on the following legal basis for processing your Personal Data:

Necessary to perform the contract or provision of Services;
Consent;
Compliance with a legal obligation;

Please note that you can only request erasure of personal information, discontinuation of data processing, or discontinuation of transfer of personal information when the purpose of use is found to have been violated, the personal information was collected illegally, or your consent was obtained illegally.

Republic of Korea

Supervisory Authority

Personal Information Protection Commission

4th floor, Government Complex Seoul, 209, Sejong-daero, Jongno-gu

Seoul

Korea Republic

Privacy Notice variations

Fever will not sell your Personal Data to any third-party. However, there are specific circumstances outlined in section 7 where Fever may need to share your personal information with third parties. Please, refer to such section to obtain additional information.

To object or withdraw your consent to specific categories of cookies, you can access the “Cookies Management” feature available at the bottom of our Website. For more information, please refer to the Cookie Notice.

KSA

Supervisory Authority

Saudi Authority for Data and Artificial Intelligence

An Nakheel, Riyadh 12382, Saudi Arabia

Mexico

Supervisory Authority

INAI – Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales

Av. Insurgentes Sur #3211

Col. Insurgentes Cuicuilco

Delegación Coyoacán

C.P. 04530, Distrito Federal

México

Privacy Notice variations

Legitimate interest as a legal basis for processing your Personal Data is not available in Mexico. Instead, Fever will rely on the following legal basis for processing your Personal Data:

Necessary to perform the contract or provision of Services;
Consent;
Compliance with a legal obligation;
Collection or processing of personal data is authorised by law.
Personal data is obtained from sources with unrestricted public access.

Morocco

Supervisory Authority

Commission Nationale de contrôle de la protection des Données à caractère Personnel (C.N.D.P.)

Immeuble Les Patios, 3ème étage

6 boulevard Annakhil

Hay Riad

Rabat

Netherlands

Supervisory Authority

Dutch Data Protection Authority

Postbus 93374

2509 AJ DEN HAAG

New Zealand

Supervisory Authority

The Office of the Privacy Commissioner

PO Box 10-094, The Terrace, Wellington 6143

Privacy Notice variations

Legitimate interest as a legal basis for processing your Personal Data is not available in New Zealand. Instead, Fever will rely on the following legal basis for processing your Personal Data:

Necessary to perform the contract or provision of Services;
Consent;
Compliance with a legal obligation;
Collection or processing of personal data is authorised by law;
Personal data is obtained from sources with unrestricted public access;
Information will be used in a form that does not identify you or for statistical research purposes.

In addition to the rights listed above in paragraph 13, you also have the right to provide us with a statement of the correction you are seeking for your personal information and request that we attach it to your personal information if we do not make the sought correction.

Portugal

Supervisory Authority

Comissão Nacional de Protecção de Dados

Av. D. Carlos I, 134 - 1.º

1200-651 Lisboa

Portugal

Qatar

Supervisory Authority

Qatar National Cyber Security Agency (NCSA)

P.O. Box 24100, Wadi Al Sail Street, Doha, Qatar

privacy@ncsa.gov.qa

Privacy Notice variations

Legitimate interest and contractual fulfilment as legal bases for processing your Personal Data are not available in Qatar. Instead, Fever will rely on the following legal basis for processing your Personal Data:

Consent;
Compliance with a legal obligation or in public interest;
Collection or processing of personal data is authorised by law;
Personal data is obtained from sources with unrestricted public access;
Information will be used in a form that does not identify you or for statistical research purposes.

Equally, where we process the personal data of children, we will obtain the explicit consent of the child’s legal guardian before collecting or using such data.

With regard to your data subject rights, we will respond to your request within 30 calendar days, and we may charge a fee that does not exceed the cost of providing you with a copy of your data.

Singapore

Supervisory Authority

Personal Data Protection Commission

10 Pasir Panjang Road #03-01

Mapletree Business City

Singapore 117438

South Africa

Supervisory Authority

The Information Regulator

JD House, 27 Stiemens Street, Braamfontein,

Johannesburg, 2001.

Spain

Supervisory Authority

Agencia Española de Protección de Datos (AEPD)

C/ Jorge Juan, 6

28001-Madrid

Local Entities

Kzemos Technologies, S.L.U.

Fernando el Santo 16, 28010, Madrid, Spain

Eventos Singulares Flander, S.L.U.

Fernando el Santo 16, 28010, Madrid, Spain

Kzemos Technologies, S.L.U. and Eventos Singulares Flander, S.L.U., Temporary Business Union

Fernando el Santo 16, 28010, Madrid, Spain

Sweden

Supervisory Authority

Integritetsskyddsmyndigheten (IMY)

Box 8114, 104 20 Stockholm

Switzerland

Supervisory Authority

Préposé fédéral à la protection des données et à la transparence

Feldeggweg 1

3003 Berne

UAE

Supervisory Authority

UAE Data Office

[Dubai (DIFC)] The Commissioner of Data Protection

Dubai International Financial Centre Authority

Level 14, The Gate P.O. Box 74777 Dubai

Privacy Notice variations

Legitimate interest as a legal basis for processing your Personal Data is not available in the UAE. Instead, Fever will rely on the following legal basis for processing your Personal Data:

Necessary to perform the contract or provision of Services;
Consent;
Compliance with a legal obligation;
Collection or processing of personal data is authorised by law;
When the processing is necessary for archival purposes or for scientific, historical and statistical studies in accordance with the applicable legislation in the UAE.
When the processing is related to the personal data that has become publicly available and known by your actions.

United Kingdom

Supervisory Authority

Information Commissioner's Office (ICO)

Wycliffe House Water Lane

Wilmslow

Cheshire SK9 5AF

United States

Supervisory Authority

Federal Trade Commission FTC

600 Pennsylvania Avenue, NW

Washington, DC 20580

Privacy Notice variations

California: “Do not sell my personal information”.

Fever adheres to the privacy regulations in place and ensures that it neither sells nor shares personal information in violation of these regulations. However, there are specific circumstances outlined in section 7 where Fever may share personal information in accordance with applicable exemptions, such as sharing with service providers, partners, event organisers or when consent is properly obtained.
For users concerned about data sharing through cookies and tracking technologies, there is an option to opt-out of such sharing. This can be done through the "Do not sell my personal information" or "Cookies management" panel located at the bottom of the webpage.