Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and Gatherix LLC(“Gatherix,” “we,” “us,” or “our”), the company that operates the Gatherix platform, website, and mobile applications (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

PLEASE READ SECTION 16 (DISPUTE RESOLUTION; BINDING ARBITRATION) AND SECTION 17 (CLASS ACTION WAIVER) CAREFULLY. THEY REQUIRE YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND LIMIT YOUR ABILITY TO BRING CLASS ACTIONS. SECTION 13 (DISCLAIMERS) AND SECTION 14 (LIMITATION OF LIABILITY) LIMIT OUR LIABILITY TO YOU.

1. Eligibility and Accounts

1.1 Age requirement. You must be at least 18 years old and able to form a legally binding contract to create an account or use the Service. The Service is not directed to and may not be used by anyone under 18. If we learn that an account holder is under 18, we may suspend or terminate the account.

1.2 Account registration. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for all activity that occurs under your account.

1.3 Account security. You are responsible for safeguarding your login credentials and for any use of your account. Notify us immediately of any unauthorized use. Authentication for the Service is provided through a third-party identity provider; your use of that provider is also subject to its terms.

1.4 One person or entity. Accounts are for the registered user. You may not share, sell, or transfer your account without our written consent.

2. The Service and User Roles

2.1 What Gatherix is. Gatherix is a software platform that helps event planners organize events, communicate with clients and attendees, manage tasks and schedules, and connect with vendors through an online marketplace. The Service supports multiple roles, including Planner, Client, Vendor, Attendee, and Admin. The features and permissions available to you depend on your role and subscription tier, and may be applied on a per-event basis.

2.2 Gatherix is a venue and intermediary. Gatherix provides tools and a marketplace that connect planners, clients, vendors, and attendees. Gatherix is not a party to any agreement for services between users (for example, between a client and a vendor, or between a planner and an attendee). We do not provide event, catering, bartending, photography, videography, or any other event services ourselves through the Service. Any contract for services is solely between the users involved. Gatherix’s role in processing payment for those services is described in Section 4.

2.3 Changes to the Service. We may add, change, suspend, or discontinue any part of the Service at any time. We are not liable to you for any modification, suspension, or discontinuation of the Service or any feature.

3. Vendor Marketplace and Listings

3.1 Listings and approval. Vendors may create listings to offer services. Gatherix may operate an approval or verification step before a listing becomes visible. Any review, approval, or “verification” by Gatherix is a limited, administrative eligibility check only. It is NOT an endorsement, recommendation, guarantee, or warranty of any vendor, of a vendor’s qualifications, licensing, insurance, work quality, safety, or legal compliance, or of the accuracy of any listing. We do not independently verify the licenses, certifications, insurance, or background of any vendor unless we expressly state otherwise in writing.

3.2 Your responsibility to evaluate. Users are solely responsible for evaluating, selecting, vetting, and contracting with any vendor or other user. We strongly encourage you to confirm licensing, insurance, references, and contract terms directly before engaging any vendor.

3.3 Vendor obligations. If you are a vendor, you represent and warrant that you hold all licenses, permits, certifications, and insurance required to provide your services lawfully; that your listings are accurate and not misleading; and that you will perform services in compliance with all applicable federal, state, and local laws.

3.4 Disputes between users. Any dispute arising out of a booking or the provision of services is between the users involved. Gatherix has no obligation to mediate or resolve such disputes, although we may, at our sole discretion, provide tools or assistance to help users communicate.

4. Payments, Fees, and Subscriptions

4.1 Payment processor. Payments are processed by Stripe, Inc. By using the payment features, you agree to Stripe’s applicable terms and authorize Stripe to process your transactions. Gatherix does not store full payment card numbers; card data is handled by Stripe.

4.2 Payment facilitation and merchant of record. Where the Service facilitates payment from a client to a vendor, the payment is processed through Gatherix’s payment-processor account and the vendor’s proceeds are transferred to the vendor’s connected payment account. Gatherix currently acts as merchant of record on these transactions, which means Gatherix’s name may appear in the payment record and Gatherix receives and administers payment disputes. Gatherix may change this structure so that a vendor’s connected account is merchant of record on that vendor’s own bookings; where that applies, the vendor’s name appears on the client’s statement and the vendor receives and responds to disputes directly. Acting as merchant of record does not make Gatherix the provider of any vendor service, a party to the service agreement between a client and a vendor, or responsible for delivering, guaranteeing, or performing any vendor service. Whether a refund is owed for vendor services is governed by the agreement between the client and the vendor.

4.3 Gatherix fees. Gatherix charges (a) subscription fees for certain Planner and Vendor plan tiers, and (b) a marketplace commission on bookings that originate through the Gatherix marketplace. Bookings a vendor brings to the Service themselves are not subject to a commission. There is no per-invoice platform fee at any tier, for vendors or planners. Payment-processing costs charged by our payment processor are passed through at cost without markup. Current fees and rates are disclosed in the Service at the time of purchase. We may change our fees on a going-forward basis with notice through the Service. The commission rate applicable to an invoice is fixed at the time of the first successful payment on that invoice and is not changed retroactively by a later change in your plan tier.

4.4 Subscriptions and renewal. Paid subscriptions automatically renew for successive periods at the then-current rate unless you cancel before the renewal date through your account settings. You authorize us (through our payment processor) to charge your saved payment method for renewals.

4.5 Refunds. Whether a refund is owed to a client for vendor services is determined by the vendor’s own refund and cancellation terms, disclosed at booking. Gatherix does not override those terms and makes no guarantee that any booking is refundable. When a refund is issued, the client receives the full refunded amount with no deduction by Gatherix. Where Gatherix has charged a marketplace commission on a booking, that commission is returned proportionally if the refund occurs within fourteen (14) days of the first cleared payment on the booking; after that period Gatherix retains its commission. Subscription fees are non-refundable except where required by law; canceling a subscription stops future charges but does not refund amounts already paid for the current period, and partial-period refunds are not provided.

4.6 Payment-processing costs on refunded transactions. Our payment processor does not return its processing fee when a transaction is refunded. That unrecovered processing cost is borne by the vendor and is not deducted from the client’s refund. Where a processing cost is not recoverable from the refunded transaction itself, Gatherix may recover it from amounts otherwise payable to the vendor, and any such amount is itemized to the vendor.

4.7 Taxes. You are responsible for any taxes associated with your use of the Service or your transactions, other than taxes based on Gatherix’s net income.

4.8 Chargebacks. Initiating a chargeback or payment dispute without first attempting to resolve the issue with us or the relevant vendor may result in suspension of your account. Where a chargeback is resolved against a vendor on a booking for which the vendor has been paid, Gatherix may recover the disputed amount and any associated fees from amounts otherwise payable to that vendor.

5. Alcohol, Catering, and Other Regulated Services

5.1 Regulated services. Some vendors offer regulated services, including bartending and alcohol-related services, catering, and similar offerings. These services are subject to extensive federal, state, and local laws, including licensing, permitting, age-verification, and responsible-service requirements.

5.2 Gatherix disclaims responsibility. Gatherix does not provide, sell, serve, or furnish alcohol and is not a licensed alcohol provider. Gatherix is not responsible for any vendor’s compliance with alcohol-control laws, dram-shop or social-host liability, age verification, food-safety laws, or any injury, illness, or damage arising from alcohol service, catering, or any other vendor service. Vendors offering such services are solely responsible for obtaining required licenses and permits, verifying the legal drinking age of recipients, and complying with all applicable laws.

5.3 Independent operation and affiliated vendors. Certain vendors offering services through the Service are owned or operated by Gatherix’s owners. Any such vendor operates independently, contracts directly with its own clients, and is subject to the same Terms, fees, and marketplace rules as any unaffiliated vendor. Use of the Service does not make Gatherix responsible for that vendor’s services.

6. User Content and License

6.1 Your content. “User Content” means any content you submit to the Service, including event details, listings, images, portfolio media, messages, reviews, and documents. You retain ownership of your User Content.

6.2 License to Gatherix. You grant Gatherix a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and use your User Content as needed to operate, provide, and improve the Service. This license ends when you delete your User Content, except for content retained as required by law, for legitimate business records, or in backups.

6.3 Your responsibility. You represent that you own or have the rights to your User Content and that it does not infringe any third party’s rights or violate any law. You are responsible for the accuracy and legality of your User Content.

6.4 Feedback. If you give us suggestions or feedback, we may use it without obligation to you.

7. Attendee and Guest Information

7.1 Planner responsibility. Planners and other users may invite or add attendees and guests and may upload information about them, such as names, email addresses, dietary needs, and RSVP details. If you add or upload information about another person, you represent and warrant that you have the authority and any necessary consent to share that information with Gatherix and to allow us to process it to provide the Service.

7.2 No minors’ data without consent. You agree not to upload personal information of any individual under 18 unless you have obtained verifiable consent from that individual’s parent or legal guardian. You are responsible for compliance with all applicable privacy laws regarding the information you upload.

7.3 Indemnity for uploaded data. You will indemnify Gatherix for claims arising from information you upload about other people in violation of these Terms or applicable law (see Section 15).

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful, fraudulent, or deceptive purpose;
• Post false, misleading, infringing, defamatory, harassing, or harmful content;
• Impersonate any person or misrepresent your affiliation, role, or qualifications;
• Circumvent the Service to avoid fees, including arranging off-platform payments to evade applicable Gatherix commissions where prohibited by the Service;
• Attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Introduce malware, scrape data without authorization, or interfere with the operation of the Service;
• Use the Service to send spam or unauthorized commercial communications;
• Infringe the intellectual property or privacy rights of others; or
• Use the Service in violation of any applicable law or regulation.

We may investigate and take any action we deem appropriate for violations, including removing content and suspending or terminating accounts.

9. Reviews and Ratings

Users may submit reviews and ratings. Reviews must be honest, based on a genuine experience, and free of unlawful or abusive content. We may remove reviews that violate these Terms but are not obligated to monitor or verify reviews. Reviews reflect the views of users, not Gatherix.

10. Third-Party Services and Integrations

The Service relies on and integrates with third-party services, including authentication, payment processing, hosting, email delivery, calendar integrations, and AI-assisted features. Your use of those integrations may be subject to the third party’s terms and privacy practices. Gatherix is not responsible for third-party services. If you connect a third-party account (for example, a Google account for calendar syncing), you authorize us to access and use that data solely as described in our Privacy Policy, and you may disconnect at any time. Our access to and use of information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements, as described in Section 5 of our Privacy Policy.

11. Gatherix Intellectual Property

The Service, including its software, design, text, graphics, logos, and the Gatherix name and marks, is owned by or licensed to Gatherix and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. You may not copy, modify, distribute, reverse engineer, or create derivative works from the Service except as permitted by law.

12. Suspension and Termination

12.1 By you. You may stop using the Service and delete your account at any time.

12.2 By us. We may suspend or terminate your access at any time, with or without cause, including for violation of these Terms. Where practical and not prohibited, we will try to provide notice.

12.3 Effect. On termination, your license to use the Service ends. Sections that by their nature should survive (including payment obligations, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, GATHERIX DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

GATHERIX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE OR RELIABLE. GATHERIX MAKES NO WARRANTY REGARDING ANY VENDOR, USER, OR THIRD PARTY, OR REGARDING ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICE. YOU USE THE SERVICE AND ENGAGE WITH OTHER USERS AT YOUR OWN RISK.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GATHERIX AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GATHERIX WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY VENDOR, PLANNER, CLIENT, ATTENDEE, OR OTHER USER, OR FOR ANY EVENT, SERVICE, INJURY, OR DAMAGE ARISING FROM ANY TRANSACTION OR INTERACTION FACILITATED THROUGH THE SERVICE.

GATHERIX’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO GATHERIX IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Gatherix and its owners, members, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content or information you upload about others; (c) your violation of these Terms or any law; (d) your services or events (if you are a vendor or planner); or (e) any dispute between you and another user.

16. Dispute Resolution; Binding Arbitration

16.1 Informal resolution first. Before starting arbitration, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

16.2 Binding arbitration. Except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by a recognized arbitration provider under its consumer arbitration rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

16.3 Location and procedure. Arbitration will be conducted in York County, South Carolina, or another mutually agreed location, or by remote means where available. The arbitrator’s decision may be entered as a judgment in any court of competent jurisdiction.

16.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court for intellectual-property infringement or unauthorized access. In addition, claims that may not be subject to mandatory arbitration under applicable federal law—including, where applicable, claims of sexual assault or sexual harassment—are excluded from this arbitration requirement to the extent required by law.

16.5 Opt-out. You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to the legal contact below. If you opt out, the governing law and venue provisions in Section 18 apply.

17. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND GATHERIX 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, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

18. Governing Law and Venue

These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules. Subject to the arbitration provisions above, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in or serving York County, South Carolina, and you consent to the jurisdiction of those courts.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by email and, where appropriate, ask you to accept the updated Terms before continuing to use the Service. Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect means you accept the updated Terms.

20. General

20.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms you agree to, are the entire agreement between you and Gatherix regarding the Service.

20.2 Severability. If any provision is found unenforceable, the rest remain in effect, and the unenforceable provision will be limited to the minimum extent necessary.

20.3 No waiver. Our failure to enforce any provision is not a waiver.

20.4 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

20.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

20.6 Notices and contact. Legal notices to Gatherix should be sent to the contact below.

21. Contact

Gatherix LLC
6650 Rivers Ave, Suite 100, Charleston, SC 29406
Legal and general contact: legal@gatherixapp.com
Registered Agent: South Carolina Registered Agent LLC