Terms of service

1. About these terms

Gatherly is a product of Boone Studios LLC. These Terms of Service (“Terms”) are an agreement between you and Boone Studios LLC (“Boone Studios,” “we,” “us,” or “our”) and govern your access to gatherlycal.com, your Gatherly account, and the Gatherly WordPress plugin (collectively, the “Service”).

By creating an account, purchasing a plan, downloading or installing the plugin, or otherwise using the Service, you agree to these Terms. If you use the Service for a business or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

2. Eligibility and accounts

You must be legally able to enter into a binding contract to use the Service. The information you provide must be accurate and kept current.

You are responsible for activity under your account and for safeguarding your password, passkeys, authenticator credentials, and recovery codes. Contact [email protected] promptly if you suspect unauthorized access. We are not responsible for loss caused by your failure to secure your account.

3. Plans, payment, and renewal

Plan features, site limits, and prices are shown at checkout. Pro and Agency are annual subscriptions. Unless stated otherwise at checkout, a subscription renews automatically for another annual term using your saved payment method until you cancel it. Lifetime is a one-time license purchase, not a transfer of ownership in the software.

You authorize us and our payment processor to charge the applicable price and taxes. Except where we expressly promise a locked-in price, renewal pricing may change after advance notice. Gatherly does not add a transaction fee to ticket payments processed through your connected Stripe account, although Stripe or other providers may charge their own fees.

4. License and ownership

Subject to these Terms and your payment of applicable fees, Boone Studios grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Gatherly on the number of websites allowed by your plan. Free, Pro, and Lifetime allow one active site; Agency allows up to ten active sites. You may manage site activations from your account.

Boone Studios and its licensors retain all right, title, and interest in the Service, including its software, design, branding, documentation, and intellectual property. No rights are granted except those expressly stated in these Terms.

You may not sell, sublicense, publish, distribute, or offer Gatherly as a standalone product; share or resell license keys; remove proprietary notices; circumvent license or access controls; or copy, modify, reverse engineer, or create derivative works from the Service except to the limited extent such a restriction is prohibited by law.

5. Your sites and content

You retain ownership of the events, attendee records, website content, and other data stored on a WordPress site where you install Gatherly (“Customer Content”). You are responsible for Customer Content, your event operations, and your compliance with privacy, consumer-protection, accessibility, tax, ticketing, marketing, and other laws that apply to your site or events.

You must provide your own privacy notices and obtain any consents required for information you collect through Gatherly on your site. Boone Studios does not control that information merely because the Gatherly plugin helps you collect or manage it.

6. Acceptable use

You may use the Service only for lawful purposes and only on sites you own or are authorized to manage. You may not use it to violate another person’s rights; distribute malware or harmful code; gain unauthorized access to any system; interfere with the Service or other customers; conduct fraudulent or deceptive activity; or help anyone do any of these things.

7. Updates and support

We may release fixes, improvements, security updates, or new versions of Gatherly. Features may change over time, and some updates may be required for compatibility or security. Any support included with your plan is provided on a reasonable-efforts basis and does not guarantee a particular response or resolution time unless we agree otherwise in writing.

8. Third-party services

The Service may interoperate with services we do not control, including Stripe for payment processing and Forgebit for software licensing and delivery. Third-party services are governed by their own terms and privacy practices. We are not responsible for a third party’s service, availability, security, fees, or changes, and we cannot guarantee continued compatibility with it.

9. Cancellation, suspension, and termination

You may cancel a subscription through your account. Unless a refund is available under our Refund Policy or required by law, cancellation takes effect at the end of the current paid term.

We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create a security or legal risk, or misuse the Service. When practical, we will give notice and an opportunity to cure. Upon termination, your right to use paid features and licensed software ends. Provisions that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnity, and general terms—will survive.

10. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BOONE STUDIOS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH EVERY WORDPRESS CONFIGURATION OR THIRD-PARTY SERVICE.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded. Our Refund Policy remains available on its stated terms.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BOONE STUDIOS AND ITS MEMBERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BOONE STUDIOS AND THE OTHER PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BOONE STUDIOS FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100. These limitations apply regardless of the legal theory and do not limit liability that cannot be limited by law.

12. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Boone Studios and its members, employees, contractors, and affiliates from third-party claims, damages, losses, liabilities, and reasonable legal fees arising from your Customer Content, your sites or events, your violation of these Terms or applicable law, or your infringement of another person’s rights.

13. Changes to the Service or these Terms

We may modify or discontinue features of the Service. When reasonably possible, we will provide advance notice of a material change that substantially reduces paid functionality.

We may update these Terms from time to time. We will post the revised Terms and update the “Last updated” date. If a change materially affects your rights, we will provide additional notice, such as an email or account notice. Your continued use after the revised Terms take effect means you accept them. If you do not agree, you must stop using the Service and cancel any subscription.

14. General terms

These Terms and any terms presented at checkout are the entire agreement between you and Boone Studios regarding the Service and replace prior discussions or agreements on that subject. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver.

You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, corporate reorganization, or sale of assets. We are not responsible for delay or failure caused by events beyond our reasonable control.

15. Contact

Questions about these Terms may be sent to Boone Studios LLC at [email protected].