CWTix™ Terms of Service

Effective Date: July 10, 2026

These Terms of Service (the "Terms") govern your access to and use of the CWTix™ ticketing platform, including our websites, mobile applications, and related services (collectively, the "Platform"). The Platform is operated by CW Talent Group, LLC, a limited liability company doing business as CWTix™ ("CWTix™", "we", "us", or "our"). In these Terms, "you", the "User", or the "fan" refers to any individual who accesses, browses, or uses the Platform or purchases tickets through it.

PLEASE READ THESE TERMS CAREFULLY. They include important provisions that affect your legal rights, including a binding individual arbitration requirement, a class-action and class-arbitration waiver, and a jury-trial waiver in Clause 12 (Dispute Resolution and Governing Law). Please review Clause 12 closely.

Definitions and Interpretation

In these Terms, the following capitalised terms have the meanings given below. Other capitalised terms are defined where they first appear.

"AAA" means the American Arbitration Association or its successor.

"Event" means any concert, performance, show, exhibition, festival, or other event for which tickets are offered through the Platform.

"Organizer" means the producer, promoter, presenter, venue, host, or other party responsible for an Event and for offering tickets to that Event through the Platform.

"Refund Policy" means CWTix™'s separate refund policy, as published on the Platform (as of July 10, 2026, Version 1.0), and as updated from time to time, which is incorporated into these Terms by reference. CWTix™ will archive prior versions of the Refund Policy and make them available upon request. Any mandatory refund rights under the New York Arts and Cultural Affairs Law apply regardless of any contrary provision in the Refund Policy or any Organizer's refund policy.

"Ticket" means any ticket, pass, credential, or other entitlement to attend or access an Event that is purchased or obtained through the Platform.

"Total Price" means the all-in price of a Ticket, inclusive of all mandatory charges other than lawful taxes, as described in Clause 14.

In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the words "include", "includes", and "including" are deemed to be followed by "without limitation"; and (c) references to a "Clause" are to a clause of these Terms.

1. Acceptance of Terms and Eligibility

1.1

By accessing, browsing, or using the Platform, or by purchasing or attempting to purchase a Ticket, you agree to be bound by these Terms and by the Refund Policy and any other policies referenced in these Terms. If you do not agree to these Terms, you must not access or use the Platform.

1.2

You represent and warrant that you are at least 18 years of age, or the age of majority in your jurisdiction of residence, and that you have the legal capacity and authority to enter into these Terms. If you are under the age of majority, you may use the Platform only with the involvement, consent, and supervision of a parent or legal guardian who agrees to be bound by these Terms and to be responsible for your use of the Platform.

1.3

If you are using the Platform on behalf of another person or entity, you represent and warrant that you have the authority to bind that person or entity to these Terms, and references to "you" include that person or entity.

1.4

You agree to comply with all applicable laws, rules, and regulations in connection with your access to and use of the Platform.

2. Limited License to Use the Platform

2.1

Subject to your compliance with these Terms, CWTix™ grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for your own personal, non-commercial purposes of browsing Events and purchasing Tickets.

2.2

This license does not include any right to: (a) use the Platform for any commercial purpose, including the resale of Tickets except as expressly permitted by the applicable Organizer and by law; (b) copy, modify, distribute, sell, or lease any part of the Platform; (c) use any automated means, including bots, scrapers, or crawlers, to access, monitor, or interact with the Platform; or (d) circumvent any technological measure intended to protect or restrict access to the Platform.

2.3

CWTix™ may revoke or suspend this license at any time, with or without notice, where permitted by applicable law, including if you breach these Terms or misuse the Platform.

2.4

All rights not expressly granted to you in these Terms are reserved by CWTix™ and its licensors.

3. CWTix™'s Role — Platform, Not Producer

3.1

CWTix™ is a ticketing platform and technology provider only. CWTix™ is NOT the producer, host, promoter, presenter, or guarantor of any Event. The Organizer of each Event is solely responsible for that Event, including its occurrence, scheduling, content, quality, safety, security, conduct, and any cancellation, postponement, or rescheduling.

3.2

CWTix™ acts solely as a disclosed, limited payment-processing and ticketing-technology agent of the Organizer for the purpose of facilitating Ticket sales on the Organizer's behalf. CWTix™ has no authority to make representations, warranties, or commitments regarding any Event on behalf of any Organizer. CWTix™ does not control and is not responsible for the acts or omissions of any Organizer or venue. Nothing in these Terms or in CWTix™'s role as agent creates any partnership, joint venture, employment, or franchise relationship between CWTix™ and any Organizer. The identity of the Organizer for each Event is disclosed to you at or before the point of checkout.

3.3

Any agreement to attend an Event is between you and the Organizer. CWTix™ is not a party to that agreement. Your attendance at an Event is subject to the Organizer's terms and the rules of the applicable venue.

3.4

Because CWTix™ is the platform and not the producer of any Event, CWTix™ does not warrant, guarantee, or assume responsibility for any Event, and is not liable for any act, omission, or decision of any Organizer or venue, except as otherwise expressly required by applicable law. This allocation of responsibility is reflected throughout these Terms, including in Clauses 6, 9, and 10.

4. How Ticket Purchases Work

4.1

When you place an order for a Ticket through the Platform, you submit an offer to purchase that Ticket at the Total Price displayed. Your order is not accepted, and no contract for the Ticket is formed, until CWTix™ or the Organizer confirms your order, typically by an order confirmation delivered to you electronically.

4.2

Tickets are delivered electronically or by such other method as described at the time of purchase. You are responsible for providing accurate delivery and contact information and for safeguarding your Ticket against loss, theft, duplication, or unauthorized use.

4.3

A Ticket is a limited, revocable license to attend the applicable Event. It is not a property right and does not grant you any ownership interest. Your Ticket is subject at all times to the Organizer's terms and the rules of the venue, including rules regarding admission, conduct, prohibited items, and health and safety.

4.4

The Organizer or venue may refuse admission to, or eject, any holder of a Ticket in accordance with the Organizer's terms, venue rules, or applicable law, including for breach of those terms or rules. CWTix™ is not responsible for any such refusal or ejection.

5. No Fan Fees

5.1

CWTix™ charges fans no fees of any kind for purchasing Tickets through the Platform. The price you see is the price you pay. CWTix™ does not add service fees, convenience fees, processing fees, or any similar fan-facing charges to the Total Price of a Ticket.

5.2

For the avoidance of doubt, the Total Price displayed to you before you provide payment information is inclusive of all mandatory charges other than lawful taxes, consistent with Clause 14. The face value of a Ticket and any amounts payable to the Organizer are set by the Organizer.

6. Refunds, Cancellations, and Postponements

6.1

Refunds, cancellations, postponements, and rescheduling of Events are governed by the applicable Organizer's policy and by CWTix™'s separate Refund Policy, which is incorporated into these Terms by reference. Please review the Refund Policy for the full terms that apply to refunds.

6.2

Because CWTix™ is the platform and not the producer of any Event (see Clause 3), CWTix™ is not responsible for any Organizer's decision to cancel, postpone, reschedule, or modify an Event, or for any Organizer's refund decisions.

6.3

Where an Event is cancelled and a refund is required, refunds are processed in accordance with the Refund Policy and applicable law, including the New York Arts and Cultural Affairs Law where it applies. Nothing in these Terms limits any refund right you may have that cannot be limited or waived under applicable law.

7. User Accounts and Acceptable Conduct

7.1

You may need to register for an account to use certain features of the Platform. You agree to provide accurate, current, and complete information when you register and to keep that information up to date.

7.2

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify CWTix™ promptly of any unauthorized use of your account or any other breach of security.

7.3 You agree that you will NOT, and will not attempt to:

  1. use any bot, automated script, or other means to circumvent purchase limits, queue controls, anti-scalping measures, or other Platform protections;
  2. acquire, use, or resell Tickets in violation of these Terms, the Organizer's terms, or applicable law;
  3. engage in any fraudulent, deceptive, or unlawful activity, including the use of stolen or unauthorized payment methods;
  4. infringe or misappropriate the intellectual property or other rights of CWTix™, any Organizer, or any third party;
  5. upload, transmit, or distribute any material that is unlawful, harmful, defamatory, harassing, or otherwise objectionable, or that contains malware or other harmful code;
  6. interfere with, disrupt, or impose an unreasonable burden on the Platform or its infrastructure; or
  7. attempt to gain unauthorized access to any part of the Platform, other accounts, or any systems or networks connected to the Platform.
7.4

CWTix™ may, in its discretion and where permitted by applicable law, suspend, restrict, or terminate your account or access to the Platform, cancel any associated orders, and take other appropriate action, if you breach these Terms or engage in conduct that CWTix™ reasonably believes is unlawful, fraudulent, or harmful to CWTix™, an Organizer, other Users, or third parties.

8. Intellectual Property

8.1

The Platform and all of its content, features, and functionality, including all software, text, graphics, logos, designs, and trademarks, are owned by CWTix™ or its licensors and are protected by intellectual property and other laws. CWTix™'s name, the CWTix™ mark, and related marks are trademarks of CWTix™ or its affiliates.

8.2

Subject to your compliance with these Terms, CWTix™ grants you the limited license described in Clause 2. Except as expressly permitted, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, scrape, data-mine, reverse engineer, decompile, or disassemble any part of the Platform.

8.3

If you submit, post, or transmit any content through the Platform, such as reviews, comments, or other materials ("User Content"), you grant CWTix™ a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, display, and distribute that User Content in connection with operating and promoting the Platform. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe the rights of any third party.

9. Disclaimers of Warranties

9.1

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, CWTix™ disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

9.2

CWTix™ does not warrant that the Platform will be uninterrupted, secure, error-free, or free of harmful components, or that any defects will be corrected.

9.3

Consistent with Clause 3, CWTix™ does not warrant or guarantee any Event, including its occurrence, content, quality, or safety. Responsibility for each Event rests solely with the Organizer.

9.4

Nothing in this Clause 9 excludes or limits any warranty or other right that cannot be excluded or limited under applicable law, and your statutory rights as a consumer are not affected.

10. Limitation of Liability

10.1

To the maximum extent permitted by applicable law, in no event will CWTix™, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of (or inability to access or use) the Platform or any Event, whether based in contract, tort, statute, or otherwise, even if advised of the possibility of such damages.

10.2

To the maximum extent permitted by applicable law, the total aggregate liability of CWTix™ arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the total amount you paid through the Platform for the Ticket(s) giving rise to the claim, or (b) one hundred U.S. dollars (US $100). Nothing in this Clause 10 limits any remedy that cannot be waived under New York law, including any claim or remedy available under New York General Business Law §349 (Deceptive Acts and Practices).

10.3

Consistent with Clause 3, CWTix™ is not liable for any act, omission, or decision of any Organizer or venue, or for any matter relating to an Event, including its cancellation, postponement, content, quality, or safety.

10.4

The following categories of liability are not subject to any limitation or exclusion under these Terms, regardless of any other provision of this Clause 10: (a) liability for gross negligence; (b) liability for willful misconduct; (c) liability for fraud or fraudulent misrepresentation; and (d) liability for personal injury or death caused by CWTix™'s conduct. The limitations and exclusions elsewhere in this Clause 10 apply only to the maximum extent permitted by applicable law and do not affect any rights you have that cannot be waived.

11. Indemnification by the User

11.1

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless CWTix™, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Platform; (c) your violation of any applicable law or the rights of any third party; or (d) your infringement or misappropriation of any intellectual property or other right.

11.2

CWTix™ may, at its option, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with CWTix™'s defense of that matter. You will not settle any matter that affects CWTix™ without CWTix™'s prior written consent.

12. Dispute Resolution and Governing Law

PLEASE READ THIS CLAUSE 12 CAREFULLY. IT REQUIRES YOU AND CWTIX TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION, AND WAIVES YOUR RIGHT TO A JURY TRIAL. IT ALSO PRESERVES YOUR RIGHT TO BRING CLAIMS IN SMALL CLAIMS COURT AND TO OPT OUT OF ARBITRATION.

12.1

Informal Resolution First. Before commencing any arbitration, you and CWTix™ agree to first attempt to resolve any dispute informally. The party raising the dispute must send a written notice describing the dispute and the relief sought to the other party. If you are raising the dispute, you must send your notice to CWTix™ at 418 Broadway, Suite N, Albany, New York, Attention: Colten White, Founder & CEO, Email: Colten@cwtalentgroup.com. The parties will then negotiate in good faith for a period of at least thirty (30) days from the date the notice is received (the "Cure Period") before either party may initiate arbitration. This informal resolution process is a precondition to commencing arbitration.

12.2

Binding Individual Arbitration. If the dispute is not resolved within the Cure Period, then, except as provided in Clauses 12.4 and 12.5, you and CWTix™ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules then in effect, as modified by these Terms. The arbitration will be conducted by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

12.3

Class-Action and Class-Arbitration Waiver. You and CWTix™ agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class-action and class-arbitration waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request will be severed and may proceed in a court of competent jurisdiction, but the remainder of this Clause 12 will continue to apply.

12.4

Small-Claims-Court Carve-Out. Notwithstanding the agreement to arbitrate, either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies and remains in that court and is brought only on an individual basis.

12.5

Jury-Trial Waiver. To the maximum extent permitted by applicable law, you and CWTix™ each waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Platform.

12.6

Right to Opt Out of Arbitration. You may opt out of the agreement to arbitrate in Clauses 12.2 and 12.3 by sending written notice of your decision to opt out to 418 Broadway, Suite N, Albany, New York, Attention: Colten White, Founder & CEO, Email: Colten@cwtalentgroup.com, within thirty (30) days after you first accept these Terms. Your opt-out notice must include your name, your contact information, and a clear statement that you wish to opt out of arbitration. If you opt out, the class-action waiver, arbitration provisions, and jury-trial waiver will not apply to you, but the remainder of these Terms, including Clause 12.7 (Governing Law), will continue to apply.

12.7

Governing Law. These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, the state and federal courts located in the State of New York will have jurisdiction over any disputes that are not subject to arbitration.

12.8

Mass-Arbitration Batching Protocol. If twenty-five (25) or more similar arbitration demands are filed against CWTix™ within a ninety (90)-day period ("Mass Filing"), the parties agree to the following bellwether procedure: (a) the AAA will randomly select ten (10) demands to proceed as bellwether cases; (b) all other demands in the Mass Filing will be stayed pending resolution of the bellwether cases; (c) upon resolution of the bellwether cases, the parties will engage in a single mediation session to attempt to resolve the remaining demands based on the bellwether outcomes; and (d) if mediation does not resolve the remaining demands, they will proceed in batches of fifty (50) as determined by the AAA. The statute of limitations and any filing-fee deadlines are tolled for stayed demands during this process. Nothing in this Clause prevents you from exercising the small-claims-court carve-out in Clause 12.4.

12.9

Survival of Class-Action Waiver. If the agreement to arbitrate in Clause 12.2 is found to be unenforceable for any reason, the class-action and class-arbitration waiver in Clause 12.3 will nevertheless remain enforceable to the maximum extent permitted by applicable law, and any claims that would otherwise be subject to arbitration will proceed in the courts identified in Clause 12.7 on an individual basis only.

12.10

Contractual Limitations Period. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Platform that is not subject to a statutory limitations period that cannot be shortened must be commenced within one (1) year after the cause of action accrues, or it is permanently barred. This limitations period does not apply to, and does not purport to shorten, any limitations period imposed by statute that cannot be contractually reduced.

13. Modification of Terms

13.1

CWTix™ may modify these Terms from time to time. If CWTix™ makes material changes, CWTix™ will provide notice through the Platform or by other reasonable means, and will update the Effective Date at the top of these Terms.

13.2

Changes become effective no earlier than thirty (30) days after notice is provided, unless a later date is stated in the notice. Your continued access to or use of the Platform after the changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform. Modifications to these Terms do not apply retroactively to Ticket purchases that were completed before the effective date of the modification.

14. New York Arts and Cultural Affairs Law Compliance

14.1

All-In Pricing. Consistent with the New York Arts and Cultural Affairs Law, the Total Price of a Ticket, inclusive of all mandatory charges other than lawful taxes, is disclosed to you clearly and conspicuously before you are required to provide payment information, and is included in the first price shown to you for the Ticket. There are no hidden fees, and this all-in pricing is reinforced by CWTix™'s no-fan-fees position in Clause 5.

14.2

No Hidden Fees. The price you see is the price you pay. CWTix™ will not add any mandatory fan-facing charge after the Total Price is first displayed, other than lawful taxes that are separately and clearly identified.

14.3

Cancellation Refund Rights. Consistent with Article 25 of the New York Arts and Cultural Affairs Law, where an Event is cancelled, you may be entitled to a refund. Refunds are handled in accordance with the Refund Policy, the applicable Organizer's policy, and applicable law, as described in Clause 6.

14.4

Resale and Transfer Disclosures. To the extent you resell or transfer a Ticket, you are responsible for complying with the New York Arts and Cultural Affairs Law and other applicable laws governing the resale and transfer of tickets, including any disclosures required of resellers. Any resale or transfer of a Ticket is also subject to the Organizer's terms and applicable venue rules. CWTix™ does not guarantee the validity of any Ticket acquired other than directly through the Platform.

14.5

Checkout Disclosures and Statutory Duties. CWTix™ acknowledges its independent statutory duties as a ticket seller under New York Arts and Cultural Affairs Law §25.07, including with respect to all-in pricing display, conspicuous disclosure of terms, and age verification. All required disclosures are presented to you at or before checkout through the Platform's user interface.

15. Contact and Notices

15.1 If you have questions about these Terms or need to contact CWTix™, you may reach us at:

CW Talent Group, LLC d/b/a CWTix™

Email: Colten@cwtalentgroup.com

Mailing Address: 418 Broadway, Suite N, Albany, New York

15.2

Legal notices to CWTix™ under these Terms, including notices under Clause 12, must be sent in writing to 418 Broadway, Suite N, Albany, New York, Attention: Colten White, Founder & CEO, Email: Colten@cwtalentgroup.com. CWTix™ may provide notices to you through the Platform, by email to the address associated with your account, or by other reasonable means.

15.3

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. These Terms, together with the Refund Policy, the Privacy Policy, and any other policies referenced in these Terms, constitute the entire agreement between you and CWTix™ regarding the Platform.

17. Privacy Policy and Data Security

17.1

Your use of the Platform is also governed by CWTix™'s Privacy Policy, available at https://www.getcwtix.com/privacy-policy (as of July 10, 2026, Version 1.0), which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand how CWTix™ collects, uses, stores, and shares your personal information.

17.2

CWTix™ maintains reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of your personal information, consistent with the requirements of the New York Stop Hacks and Improve Electronic Data Security Act ("SHIELD Act"), N.Y. Gen. Bus. Law §899-aa et seq. In the event of a breach of the security of the system involving your private information (as defined by the SHIELD Act), CWTix™ will provide notification in the most expedient time reasonable and without unreasonable delay, consistent with the legitimate needs of law enforcement and any measures necessary to determine the scope of the breach, in accordance with GBL §899-aa.

18. Assignment

18.1

You may not assign, transfer, or delegate your rights or obligations under these Terms without CWTix™'s prior written consent. CWTix™ may assign, transfer, or delegate these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of CWTix™'s assets, provided that CWTix™ gives you notice of such assignment through the Platform or by other reasonable means.

18.2

If CWTix™ assigns these Terms pursuant to this Clause, you may cancel any not-yet-fulfilled Ticket obligations by providing written notice to CWTix™ within thirty (30) days after receiving notice of the assignment, and you will receive a full refund of all amounts paid for such unfulfilled Tickets. If you do not cancel within this period, you are deemed to have accepted the assignment.

19. Force Majeure

19.1

CWTix™ will not be liable for any delay or failure to perform its obligations under these Terms (including Platform availability and payment processing) to the extent that such delay or failure is caused by circumstances beyond CWTix™'s reasonable control, including natural disasters, acts of God, pandemic, epidemic, government action, war, terrorism, civil unrest, labor disputes, power or telecommunications failures, cyberattacks, or other force majeure events (each, a "Force Majeure Event"). CWTix™ will use commercially reasonable efforts to mitigate the impact of any Force Majeure Event and to resume performance as soon as reasonably practicable.

19.2

If an Organizer invokes force majeure with respect to an Event and CWTix™ holds buyer funds for Tickets to that Event, CWTix™ will, within a commercially reasonable period: (a) process refunds in accordance with the Refund Policy and applicable law if the Event is cancelled; or (b) hold such funds in trust for your benefit pending the Organizer's decision to reschedule or cancel the Event, and notify you of the status of your funds. In no event will CWTix™ retain buyer funds indefinitely; if an Event is not rescheduled within one hundred eighty (180) days following the Organizer's invocation of force majeure, CWTix™ will process a full refund of all buyer funds it holds for that Event, unless you have affirmatively elected to retain your Ticket for a rescheduled Event.

20. No Waiver

20.1

No failure or delay by CWTix™ in exercising any right, remedy, power, or privilege under these Terms will operate as a waiver of that right, remedy, power, or privilege, nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of it or the exercise of any other right, remedy, power, or privilege under these Terms or at law or in equity.

21. Survival

21.1

The following provisions will survive any termination or expiration of these Terms and will continue in full force and effect: Clause 8 (Intellectual Property), Clause 9 (Disclaimers of Warranties), Clause 10 (Limitation of Liability), Clause 11 (Indemnification by the User), Clause 12 (Dispute Resolution and Governing Law), Clause 15 (Contact and Notices), Clause 16 (Consent to Electronic Communications), Clause 17 (Privacy Policy and Data Security), and any other provision that by its nature is intended to survive termination or expiration.