Terms of Service

Please review our Privacy Policy, which describes our collection, use, and disclosure of information with respect to the Services.

We reserve the right to change the Terms at any time without prior notice. Any changes will take effect when posted on the Account or on our website. You can see when the Terms were last revised by referring to the "Last Updated" legend above. Your continued use of the Services after any change means you accept and agree to be bound by the updated Terms. It is your sole responsibility to review and become familiar with all changes to the Terms. You should check this page regularly to check for any updates.

We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, modification, or suspension of an account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.

You will be asked to establish an Account to use the Services and will be asked to provide registration details or other information. All information you provide must be correct, current, and complete at all times. You must promptly notify Attending of any changes. To remain eligible to use the Services, you must have a valid Account and maintain your Account in good standing.

An organization may have multiple Accounts associated with it (for example, where multiple administrators run a single PTA), but each individual Account belongs to a single person. We may, in our sole discretion, reject, change, suspend, or terminate an Account or any associated identifier. If you forget your password or otherwise need help with sign-in, you can contact hello@getattending.com.

You are responsible for maintaining the confidentiality of login credentials and passwords. It is a violation of these Terms to allow any other person to use your Account, and you accept responsibility for all activities, charges, and damages that occur under your Account. You must immediately notify Attending at hello@getattending.com of any unauthorized use of your credentials or any other breach of security. You may only access the Services through your own Account. Users do not own their Accounts, and transferring Accounts is prohibited. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may close your Account at any time. You may be required to take certain actions in order to complete a pending transaction or provide additional information prior to closing the Account. You are solely responsible for any fees already incurred or associated with the closing of your Account.

By registering for an Account or using the Services, you may obtain access to certain third-party services, software, and content (collectively, the "Third-Party Content") — for example, Stripe for payment processing or Resend for email delivery. The Third-Party Content may be subject to separate agreements from the owner or provider of the Third-Party Content. You acknowledge and agree that providers of any Third-Party Content have no power or authority to bind Attending or to assume or create any obligation or responsibility, express or implied, on Attending. To the maximum extent permitted by applicable law, Attending makes no guarantees with respect to Third-Party Content, including that such content will be continuous, error-free, virus free, or secure.

The Services, including the content, features, and functionality therein, are owned by Attending, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.

Conditioned upon your compliance with these Terms, you are permitted to use the Services for the legitimate purposes related to your role as an organizer or registrant on the Attending Platform. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services except as enabled by the Services themselves. You may not reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct, identify, or discover any of Attending's code, underlying ideas, techniques, or algorithms, nor attempt to circumvent any related security measures, except to the extent any foregoing restriction is prohibited by applicable law. You may not remove, obscure, or alter any proprietary rights notices or confidentiality notices within the Services.

You retain ownership of the content you put into Attending — form designs, branding, registration data for events you run, and similar material. You grant Attending a limited license to host, display, and process that content as required to provide the Services to you and to your event registrants.

Attending may provide you with support for the Services in its sole discretion. Attending may terminate such support at any time without notice to you. These Terms apply to any updates, upgrades, modifications, enhancements, revisions, new releases, or new versions ("Updates") to the Services that Attending may make available to you. You agree that Attending may make Updates available that may require you to change or update your Account and may affect your use, access, or interaction with the Attending Platform. Attending does not guarantee any minimum uptime for the Attending Platform or Services.

Any Services identified as beta ("Beta Services") may not operate properly, be in final form, or fully functional. The Beta Services may contain errors, design flaws, or other defects, and the information obtained using Beta Services may not be accurate. Further, Beta Services may result in unexpected results, loss of data or communications, or other unpredictable damage or loss. Attending is under no obligation to release a non-beta version of Beta Services and may terminate the Beta Services in its sole discretion at any time. The Beta Services are provided "as is" and without any express or implied warranties or service levels, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Attending's pricing is described on our pricing page. The Services are free for events under the registration threshold described there. Events that exceed the threshold incur a one-time, flat per-event platform fee. Attending does not currently offer recurring subscriptions and does not take a percentage of registration fees collected through forms.

Accepting registrant payments.As part of accepting payments through the Services, you (as an organizer) must set up a separate payment account ("Payment Account") with our payment processor, Stripe, via Stripe Connect (Express) (collectively, the "Payment Processor"). All terms related to the Payment Processor are between you and the Payment Processor and are governed by the Stripe Connected Account Agreement, the Stripe Services Agreement, and any other agreements you accept during onboarding. The Payment Processor settles funds collected through your registration forms directly into your connected bank account, subject to its terms. You are the merchant of record for every registrant transaction processed through your Payment Account. This means you are responsible for chargebacks, disputes, refunds, tax collection where applicable, and any other obligations associated with being the merchant of record. Attending facilitates the payment but is not a party to the registrant transaction. Attending may suspend your Account if you fail to comply with the terms and requirements of the Payment Processor.

Stripe processing fees. Stripe charges processing fees on each registrant transaction (typically 2.9% plus $0.30 per successful charge in the U.S., subject to change by Stripe). These fees are deducted by Stripe from each transaction before settlement and are not collected by Attending. You may, at your option, configure your forms to pass these fees on to registrants at checkout.

Refunds.Refunds for registrant transactions are issued by you, the organizer, through your Stripe dashboard. Attending does not issue refunds on your behalf for registrant payments and does not have the authority to do so. Per-event platform fees paid to Attending are refundable within 7 days of purchase if no registrations have been collected on the event. Stripe's processing fees are governed by Stripe's own terms and are not refundable by Attending.

Platform fee collection.When an event crosses the registration threshold, Attending charges the per-event platform fee to the card you have on file with us (held on Attending's separate Stripe customer record, distinct from your Stripe Connected Account). If the charge is declined, we will notify you by email. You agree to maintain a valid payment method on file while you operate paid events on the Services.

The Services may contain features that allow you to post, submit, publish, display, or transmit to Attending and other users ("Post") content or materials ("User Contributions") on or through the Services — for example, text, images, and custom branding for your registration forms.

Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant Attending a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution as required to operate the Services; however, Attending will only share personal information that you provide in accordance with Attending's Privacy Policy.

You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. Attending takes no responsibility and assumes no liability for any content posted by you or any third party.

We have the right but not the obligation to monitor and edit or remove any User Contributions. We may delete, move, or edit User Contributions, in whole or in part. You may only Post User Contributions that are related to running registrations through the Services and that conform to these Terms. You may not Post any User Contributions that could give rise to any civil or criminal liability under U.S. or international law or include any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. You may not pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your User Contributions.

If your Account is cancelled or terminated, we may permanently delete your User Contributions and we have no obligation to return your User Contributions to you.

The Services may contain links to other sites and resources provided by third parties; these links are provided for your convenience only. Attending has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

We reserve the right to suspend, disable, or terminate an Account opened by you within our sole discretion, including, without limitation, if it is reasonably believed or determined that you are not of legal age, to comply with applicable laws, or if your Account has been involved in any illegal or improper activity or a violation of the Terms.

Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Services. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ATTENDING, ON BEHALF OF ITSELF AND ITS LICENSORS, HEREBY DISCLAIMS ALL REPRESENTATIONS, PROMISES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING THEIR CONDITION, AVAILABILITY, OR THE EXISTENCE OF ANY LATENT DEFECTS, AND ATTENDING SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SUITABILITY, AND FITNESS FOR ANY PURPOSE. ATTENDING DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR WILL WORK WITHOUT INTERRUPTION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ATTENDING DOES NOT WARRANT THAT THE SERVICES MADE AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree to defend, indemnify, and hold harmless Attending, its affiliated companies, officers, directors, and employees ("Attending Parties") from any claim, suit, or demand (including legal fees) made or incurred by any third party that is based on or arising out of your: (a) breach of these Terms; (b) violation of any law, regulation, or rule; (c) infringement of any third party's intellectual property rights; (d) use of the Services not in compliance with these Terms; (e) your User Contributions; (f) the conduct of an event you organize through the Services; and/or (g) other actions or omissions resulting in liability to Attending.

IN NO EVENT WILL ATTENDING'S LIABILITY, OR THOSE OF ITS SUPPLIERS OR LICENSORS, ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICES EXCEED ONE HUNDRED DOLLARS OR THE AMOUNTS YOU PAID ATTENDING IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. IN NO EVENT WILL ATTENDING PARTIES HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT.

The organizer of an event is solely responsible for the event itself, including the accuracy of event information, the legality of the event, fulfilling registrations, issuing refunds to registrants where appropriate, and complying with applicable laws (including consumer protection, accessibility, and tax law). Waivers and liability releases collected through Attending are binding agreements between the organizer and the registrant. Attending facilitates collection but is not a party to those agreements.

These Terms will continue to apply to you and Attending as long as you maintain an Account or access the Services (whichever is later). If you wish to close your Account, you may do so through the Account dashboard or by contacting hello@getattending.com. On termination you may export your data for 30 days, after which it will be deleted unless we are required by law to retain it longer.

This Agreement shall be subject to the laws of the State of North Carolina (disregarding conflicts of law principles), and you and Attending consent to exclusive jurisdiction and venue in the state and federal courts located in Mecklenburg County, North Carolina. Neither you nor Attending will claim lack of personal jurisdiction or forum non conveniens in these courts.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Most issues can be resolved by contacting Attending support at hello@getattending.com. This section explains how you and Attending agree to resolve those disputes that cannot be resolved by contacting Attending support.

1. Informal Resolution

If you have an issue that Attending's customer support cannot resolve, prior to starting arbitration, you and Attending agree to attempt to resolve the dispute informally to reach a faster resolution and control costs for both parties. You and Attending agree to make a good-faith effort to negotiate any dispute between us for at least 30 days ("Informal Resolution"). Informal Resolution will start on the day you or Attending receive a written 60 days' notice in accordance with these Terms.

If you provide a notice, the notice must include your name, any relevant account name you use, address, how to contact you, what the problem is, and what you want Attending to do. If the dispute is not resolved by Informal Resolution, you or Attending may start arbitration in accordance with these Terms.

If you reside in the European Union ("EU"), you may be entitled to submit your complaint to the European Commission's Online Dispute Resolution ("ODR") Platform.

2. Binding Individual Arbitration

"Dispute" means any dispute, claim, or controversy between you and Attending that relates to your use or attempted use of Attending's Services, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration section. You and Attending agree that any Dispute that is not resolved by Informal Resolution will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. ("JAMS") according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the "JAMS Rules"). You and Attending agree to use a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute. The arbitrator's decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can be enforced in any court having jurisdiction.

You and Attending agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. You and Attending agree the arbitration will be conducted by a single JAMS arbitrator selected with substantial experience in resolving intellectual-property and commercial-contract disputes. You and Attending both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.

If an in-person hearing is required, the hearing will take place in Mecklenburg County, North Carolina. Neither you nor Attending will claim lack of personal jurisdiction or forum non conveniens. Unless you and Attending agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction. You and Attending will each be responsible for your own costs and expenses incurred during such Binding Individual Arbitration. This Binding Individual Arbitration section survives any termination of these Terms.

If all or any provision of this Binding Individual Arbitration Section is found invalid, unenforceable, or illegal, then you and Attending agree that the provision will be severed and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included.

You agree that Attending may provide notice to you by posting it on the Attending Platform, Attending's website, emailing it to the email address associated with your Account, or mailing it to the street address listed in your Account. Notices posted on the Attending Platform or sent to you via Attending's website or by email are considered to be received by you within 24 hours of the time Attending sends the notice unless Attending is promptly informed that the notice was not delivered. Notices sent to you by mail are considered received by you within 3 business days of the date Attending sends the notice unless it is returned to Attending. Notice to Attending must be sent by postal mail to Attending, Inc., 1511 Shopton Rd, Ste D #514, Charlotte, NC 28217.

You may not transfer or assign these Terms without Attending's prior written approval. Attending reserves the right to transfer or assign the Terms or any right or obligation under this Agreement by providing you with notice of such transfer or assignment.

Attending's failure to enforce any provision of these Terms will not be deemed a waiver of Attending's ability to enforce the same provision of the Agreement at a future date. If any provision of this Agreement is found illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Attending is not responsible for any failure to perform its obligations under these Terms if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations, or other causes that are beyond Attending's reasonable control. In the event of such a failure, Attending's obligations shall be suspended until Attending is able to perform.

These Terms, including any additional terms referenced herein, set forth the entire understanding between you and Attending with respect to the access and use of the Services.

The provisions of the Terms that by their terms require performance after the termination or expiration of the Terms or have application to events that may occur after the termination or expiration of the Terms, will survive such termination or expiration. For clarity, all indemnity obligations and procedures and dispute resolution obligations and procedures will survive the termination or expiration of this Agreement.

In the event of a direct conflict between any parts of these Terms and any addendum or other documents referenced herein (e.g., the Privacy Policy or the Acceptable Use Policy), these Terms will be given precedence.

To the fullest extent permitted by law, the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English.

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Attending has adopted a policy of terminating, in appropriate circumstances as determined by Attending, users or account holders who are deemed to be repeat infringers of the copyrights of others. Attending may also at its sole discretion limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your work has been used on the website or in any other Services in a way that constitutes copyright infringement, please submit a Notice of Alleged Infringement ("DMCA Notice") to our Designated Copyright Agent as follows:

Designated Copyright Agent
Attending, Inc.
1511 Shopton Rd, Ste D #514
Charlotte, NC 28217
privacy@getattending.com

Please include all of the following in your DMCA Notice:

• Identify the copyrighted work that you claim has been infringed. If your DMCA Notice covers multiple works, you may provide a representative list of such works.
• Identify the material that you claim is infringing, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material. Where possible, please include the URL of the webpage where the material is located.
• Provide your full legal name, mailing address, telephone number, and (if available) email address.
• Include the following statement in the body of the DMCA Notice: I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner's behalf.
• Provide your electronic or physical signature.

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys' fees, incurred by us or our users. If you are unsure whether the material or activity you are reporting is infringing, you may wish to contact an attorney before filing a notification with us.

For general questions, contact us at hello@getattending.com.

Without limiting any obligations under the Terms, the following activities are expressly prohibited:

1. Submitting false, misleading, or inaccurate personal information to create an Account.
2. Taking any action that infringes or violates our or a third party's rights (including, but not limited to, privacy, proprietary, and intellectual property rights), violates the law, or breaches any legal duty you may have to us or any third party.
3. Running events you do not actually intend to deliver, including phantom events created to collect money from registrants without intent to provide the registered service.
4. Using automated means (including but not limited to harvesting bots, robots, parsers, spiders, or screen scrapers) to obtain, collect, or access any information on an Account, a registration form, or another user.
5. Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from using the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner.
6. Using the Services to pay for, support, or otherwise engage in any illegal activities, including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities.
7. Using or attempting to use another user's Account or credentials without authorization.
8. Developing any third-party applications that interact with our Services without our prior written consent.
9. Tampering with the administration of the Services or trying in any way to tamper with the computer programs or any security measure associated with the Services.
10. Impersonating others to deceive another user for any purpose.
11. Using registration forms, waiver text, or other content fields to host obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening, or harassing content of any kind, as determined by us in our sole discretion.
12. Sending mass unsolicited communications or spam through the Services' email-sending capabilities.
13. Running, framing, or otherwise displaying Account or registration form content on other websites except as enabled by Attending's embed features.
14. Using or accessing the Services from any jurisdiction or territory in which use of the Services is illegal or impermissible.
15. Modifying, adapting, translating, or creating derivative works based upon the Services, or any part thereof, except, and only to the extent, as expressly permitted by applicable law.