1. Who We Are

5. Email

6. Account, Password And Security

7. Content

8. Conduct

9. Additional Services; Coupons and Vouchers

10. Links

11. Disclaimer

12. Limitation of Liability

13. Trademarks

14. Privacy Policy; Customer information

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 2140 S Dupont Highway, Camden, Delaware 19934, 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

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.

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 refund will be fully processed by Fever. In the case such refund is finally executed, the value of such refund (which equals the face value of the ticket sold plus any other additional cost as set forth within these Terms of Service or within the terms of the Merchant Agreement; e.g.: a penalty equal to 30% of the face value of the tickets sold in the cases that the event is cancelled within 24 hours before the starting time) will be deducted from the amount owed by Fever to the Event Organizer. Fever therefore asks that all Customers contact Fever with any refund requests. You can find help with getting a refund contacting our Customer Service. Organizers agree to post and maintain a refund policy in accordance with the terms set forth in Sections 4 and 5 of the Merchant Agreement.

In case of to a postponed event, change of venue or significant change to event or line-up, customers are required to contact Fever no later than the Monday following the event to request refunds due

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. Trademarks

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.