Terms of Service — Tixnest for Shopify

1. Introduction

Welcome to Tixnest (the "App"), provided by Athos Productions, Inc. ("we" or "us"). These Terms of Service ("Terms") govern your access to and use of the App and any related websites, services, and features (collectively, the "Service"). Please read these Terms carefully before installing or using the Service.

By installing the app in your Shopify store, accessing, or using the Service in any way, you agree to be bound by these Terms and acknowledge that you have also reviewed our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility and Accounts

The Service is intended for merchants who operate a Shopify store and have the legal capacity to enter into binding contracts. By using the Service, you represent and warrant that:

• You have an active Shopify store and a valid Shopify account.
• You have the authority to bind the business or organization on whose behalf you are using the Service.
• All information you provide to us and to Shopify is true, accurate, and up to date.

You are responsible for maintaining the security of your Shopify account and for all activity that occurs in connection with your use of the Service.

3. Description of the Service

Tixnest is a Shopify app that helps you sell and manage tickets for events directly from your Shopify store. Depending on your configuration, the Service may include features such as:

• Creation and management of events and ticket types
• Ticket sales and order synchronization with Shopify
• QR code or barcode generation and validation
• PDF ticket and/or digital wallet pass generation
• Basic analytics and reporting related to your events

We may add, modify, or remove features from time to time at our discretion to improve or adapt the Service.

4. Subscriptions, Billing, and Free Trials

Access to certain features of the Service may require a paid subscription or usage-based fees, which are billed through Shopify in accordance with Shopify’s billing terms and your selected plan.

• Subscription fees may be charged on a recurring basis (such as monthly or annually), as displayed in the Shopify App Store or in your Shopify admin.
• Usage-based fees (for example, per-ticket fees) may apply in addition to any subscription fees.
• By installing the app, you authorize Shopify to charge all applicable fees to your selected payment method.

We may, in our discretion, offer free trials or promotional pricing. If you sign up for a free trial, you will be informed of the trial duration and what fees will apply after the trial ends. Unless you uninstall the app before the end of the trial period, your subscription will automatically convert to a paid plan and fees will be charged through Shopify.

5. Fee Changes and Refunds

We may modify our pricing, subscription structure, or applicable fees from time to time. Any changes will be communicated through Shopify or within the app and will take effect at the start of your next billing period, unless otherwise stated.

Unless required by applicable law or explicitly stated otherwise, all fees are non-refundable. Uninstalling the app or ceasing use of the Service will not entitle you to a refund for any unused portion of a billing period.

6. Your Responsibilities as Merchant and Event Organizer

You are solely responsible for the events you create and manage using the Service. This includes, without limitation:

• Ensuring your events comply with all applicable laws and regulations.
• Obtaining all necessary permits, licenses, and approvals.
• Providing accurate descriptions, dates, locations, and other information about your events.
• Handling customer service, refunds, exchanges, or cancellations for your attendees.
• Honoring all valid tickets generated or sold through the Service.

We do not control or supervise your events and are not responsible for any issues arising from the planning, execution, or cancellation of your events.

7. Acceptable Use and Prohibited Activities

You agree not to misuse the Service or help anyone else do so. In particular, you may not use the Service to:

• Violate any applicable law, regulation, or Shopify policy.
• Sell tickets for events that are illegal, unsafe, or otherwise prohibited in your jurisdiction.
• Infringe or misappropriate any third party’s intellectual property, privacy, or other rights.
• Attempt to gain unauthorized access to the Service or its related systems or networks.
• Interfere with or disrupt the integrity or performance of the Service.
• Send spam or other unsolicited communications.

8. Intellectual Property

The Service, including all software, user interfaces, visual designs, logos, and other content we provide, is owned by Athos Productions, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in connection with your Shopify store.

You retain all rights to your own content, including your event details, branding, and other materials you provide to the Service. By using the Service, you grant us a limited license to host, use, and process that content as reasonably necessary to operate and improve the Service.

9. Third-Party Services and Links

The Service integrates with Shopify and may integrate with other third-party tools or services from time to time (collectively,"Third-Party Services"). Your use of any Third-Party Service is governed by that provider’s own terms and privacy policies, not these Terms.

We do not control and are not responsible for Third-Party Services, and we are not liable for any damage or loss caused by your use of, or reliance on, any Third-Party Service or external website linked from the Service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. You use the Service at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Athos Productions, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID US THROUGH SHOPIFY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Athos Productions, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Service, your events, or your violation of these Terms or any applicable law or regulation.

13. Termination and Uninstallation

You may stop using the Service at any time by uninstalling the app from your Shopify store. Uninstalling the app will terminate your access to the Service and may delete or limit access to certain data associated with your account, subject to our data retention obligations.

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms, pose a security or legal risk, or if we discontinue offering the Service. Provisions that by their nature should survive termination (such as intellectual property, disclaimers, limitations of liability, and indemnification) will continue to apply.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Montreal QC, Canada, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved in the courts located in Montreal QC, Canada, unless applicable law requires a different forum. Nothing in this section limits any rights you may have under mandatory consumer protection laws.

15. Changes to the Service and to These Terms

We may update or change the Service (including adding or removing features) at any time. We may also update these Terms from time to time, for example to reflect changes in the law or the Service.

When we make material changes to these Terms, we will provide notice by posting the updated Terms within the Service or through Shopify, and update the "Last updated" date at the top of this page. Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.

16. Contact Us

If you have any questions about these Terms or the Service, please contact us at: