A person walkthrough with our CEO, Michael!
PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OR USING THE HIGHBAR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
We, Highbar AI, Inc. ("Highbar"), provide various event management software solutions to event organizers (each, a "Client") for use in connection with one or more in-person or virtual events (each, an "Event"). These solutions include mobile applications, websites, attendee data management tools, and other event-related products (collectively, the "Products"). Our Clients may, in turn, make some of these Products available to their customers for the purpose of attending and participating in their Events ("End Users"). We also offer certain support and hosting services related to the Products, as well as the Highbar website currently located at www.highbar.ai and all subdomains therein (the "Site" and, together with the Products and related support and hosting services, the "Services").
These Terms apply to your use of the Services if you are accessing the Services as an End User ("you" or "your") to attend and participate in an Event hosted and organized by one or more of our Clients. If you are accessing the Services as a Client to create and manage one or more Events, please visit the Highbar Terms of Service applicable to Clients, available at https://www.highbar.ai/terms-of-service.
We may modify these Terms from time to time. We will provide reasonable notice of material changes through the Services or by email. Changes will not apply retroactively and will not apply to disputes or events occurring before the change is published. Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms.
Information that we collect through the Services about you is governed by our Privacy Policy, which is incorporated by reference herein in its entirety. You hereby acknowledge that you have read and agree to be bound by our Privacy Policy.
If you are located outside of the United States, please note that your personal data may be transferred to the United States or other jurisdictions that may not offer the same level of data protection as your home country. Where required, we rely on appropriate safeguards, including the European Commission’s Standard Contractual Clauses (SCCs), to lawfully transfer personal data.
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video, or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users (collectively, "User Content", and any such User Content posted by you or through your use of the Services, "Your Content"). You expressly agree that we: (a) will not be liable for any User Content, and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Services for any reason, including any of Your Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
Highbar AI, Inc. Attn: Legal Department Email: hello@highbar.ai
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of prohibited activities on or through the Services:
In addition, you covenant and represent that you will not use the Services for any purpose other than those that are personal, nor will you use the Services in violation of the law or these Terms. While we are not under any obligation to monitor User Content, we may, at our sole discretion, remove any Content that we deem objectionable, offensive, unlawful, or in violation of these Terms.
For clarity, the rights you grant in this license are for the limited purpose of operating, promoting, developing, and improving our Services. Subject to the limited license below and the terms associated with a Virtual Event described below, you retain all of your rights in all of Your Content. Unless agreed otherwise in writing signed by us, by submitting Your Content, you hereby grant to us, for the purpose of providing you the Services, a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to:
By submitting and posting Your Content on the Services, you hereby represent and warrant to us that:
The Services include features powered by artificial intelligence and machine learning, which may include AI concierge and chatbot functionality, networking and matching recommendations, audience analytics, content and session summarization, and similar capabilities (collectively, "AI Features"). When you interact with AI Features, your inputs (such as questions, profile information, goals, and engagement activity) are processed to generate responses, recommendations, and insights.
You understand and agree that:
(a) AI Features may produce output that is inaccurate, incomplete, or unexpected. You should not rely on AI Features for medical, legal, financial, or other professional advice, or for any material decisions.
(b) The handling of your personal information in connection with AI Features, including the use of third-party AI service providers, data retention, and any restrictions on the use of your content for model training, is described in our Privacy Policy.
(c) Highbar may update, modify, retrain, or discontinue AI Features at any time. Where applicable law requires the option to opt out of automated decision-making or profiling, Highbar will provide such an option as described in the Privacy Policy.
Accessing Highbar – Highbar provides its Services through a Progressive Web App (“PWA”), which is accessible via any modern web browser on both mobile and desktop devices. You may optionally choose to install the PWA on your mobile device for a native-like experience, including offline functionality and push notifications (where supported by your device and browser). No download from the Apple App Store™ or Google Play™ is required.
Highbar’s PWA is designed to be lightweight and broadly compatible, but we do not guarantee that all features will work on all devices or operating systems. Your continued use of the PWA constitutes acceptance of any automatic updates or improvements we may apply to enhance performance and security.
If downloadable native apps are introduced in the future, additional terms may apply, including those imposed by the applicable app store provider. You agree to comply with all relevant usage rules and legal requirements should you choose to use any such future app.
We reserve all rights not expressly granted herein.
You are solely responsible for safeguarding any credentials used to access the Services, including passwords, magic-link emails, single sign-on accounts, and attendee codes. You agree not to use the credentials of another Highbar user, and you agree to notify Highbar immediately of any unauthorized use of your account. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else accessing your account, with or without your knowledge.
In addition to any other representations made by you in these Terms, you further represent and warrant that:
You agree to indemnify, defend, and hold harmless Highbar, and its officers, directors, employees, agents, contractors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: Your Content; your use of the Services; your breach of these terms; any actual, prospective, completed, or terminated purchase, sale, or other transaction between you and a third party.
We intend that the information contained in our Services be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS, AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS, AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE GREATER OF:
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
We are not responsible for any errors, delays, or other technical problems beyond our reasonable control.
You are solely responsible for canceling your Account. Account cancellation requests must be submitted in writing to hello@highbar.ai. Cancellations by phone or sent to any other email address will not be considered valid. You may also delete our App, in which case underlying app data may not be recoverable. Please visit our Privacy Policy to understand how we treat your information when you terminate your account.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Services for any reason, including your breach of these Terms, the terms and conditions of any service for which you may have registered, or a violation of the rights of a Client, another End User, or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to hello@highbar.ai. You shall be responsible for ensuring delivery of the notice to us.
We reserve the right, with or without notice to you at any time, to change, modify, or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product, or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services (including, without limitation, the Payment Processing Partners). Similarly, as part of the Services, we may offer links to websites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of Highbar.
Our inclusion of a link to a third-party website or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services.
Highbar hereby disclaims and you hereby discharge, waive, and release Highbar and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
Informal Resolution First – We aim to resolve any concerns or disputes you may have as efficiently and amicably as possible. Before filing a formal legal claim, you agree to try to resolve the dispute informally by contacting us at hello@highbar.ai. Most disputes are resolved this way. If we’re unable to resolve the issue within 60 days, either party may initiate arbitration as described below.
Binding Arbitration – Any dispute, claim, or controversy ("Claim") arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Arbitration Rules - The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Exceptions – Either party may: (i) bring an individual action in small claims court; (ii) seek injunctive or other equitable relief for alleged infringement or misuse of intellectual property rights; or (iii) opt out of arbitration as described below.
Opt-Out – You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to hello@highbar.ai with the subject line “Arbitration Opt-Out.” The opt-out notice must include your full name and the email address associated with your account.
No Class Actions – You agree to resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, and private attorney general actions are not allowed.
In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OR USING THE HIGHBAR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
We, Highbar AI, Inc. ("Highbar"), provide various event management software solutions to event organizers (each, a "Client") for use in connection with one or more in-person or virtual events (each, an "Event"). These solutions include mobile applications, websites, attendee data management tools, and other event-related products (collectively, the "Products"). Our Clients may, in turn, make some of these Products available to their customers for the purpose of attending and participating in their Events ("End Users"). We also offer certain support and hosting services related to the Products, as well as the Highbar website currently located at www.highbar.ai and all subdomains therein (the "Site" and, together with the Products and related support and hosting services, the "Services").
These Terms apply to your use of the Services if you are accessing the Services as an End User ("you" or "your") to attend and participate in an Event hosted and organized by one or more of our Clients. If you are accessing the Services as a Client to create and manage one or more Events, please visit the Highbar Terms of Service applicable to Clients, available at https://www.highbar.ai/terms-of-service.
We may modify these Terms from time to time. We will provide reasonable notice of material changes through the Services or by email. Changes will not apply retroactively and will not apply to disputes or events occurring before the change is published. Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms.
Information that we collect through the Services about you is governed by our Privacy Policy, which is incorporated by reference herein in its entirety. You hereby acknowledge that you have read and agree to be bound by our Privacy Policy.
If you are located outside of the United States, please note that your personal data may be transferred to the United States or other jurisdictions that may not offer the same level of data protection as your home country. Where required, we rely on appropriate safeguards, including the European Commission’s Standard Contractual Clauses (SCCs), to lawfully transfer personal data.
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video, or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users (collectively, "User Content", and any such User Content posted by you or through your use of the Services, "Your Content"). You expressly agree that we: (a) will not be liable for any User Content, and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Services for any reason, including any of Your Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
Highbar AI, Inc. Attn: Legal Department Email: hello@highbar.ai
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of prohibited activities on or through the Services:
In addition, you covenant and represent that you will not use the Services for any purpose other than those that are personal, nor will you use the Services in violation of the law or these Terms. While we are not under any obligation to monitor User Content, we may, at our sole discretion, remove any Content that we deem objectionable, offensive, unlawful, or in violation of these Terms.
For clarity, the rights you grant in this license are for the limited purpose of operating, promoting, developing, and improving our Services. Subject to the limited license below and the terms associated with a Virtual Event described below, you retain all of your rights in all of Your Content. Unless agreed otherwise in writing signed by us, by submitting Your Content, you hereby grant to us, for the purpose of providing you the Services, a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to:
By submitting and posting Your Content on the Services, you hereby represent and warrant to us that:
You may choose to participate in Events that utilize video and/or audio streaming and recording functionality as part of the Event (a "Virtual Event") and you understand and agree that Virtual Events may be recorded in the event that the Client organizing the Virtual Event chooses to do so. You consent to such recording by participating in the Event.
You can choose to turn your video and audio on or off on your own device or through the web browser you utilize to participate in a Virtual Event. Video and/or audio streaming and recording technology is provided by third parties that are integrated with our Services. Your use of the functionality provided by such third parties is subject to the terms of service, privacy practices, and related agreements provided by such third parties, and we assume no responsibility for such terms, nor for the actions or practices of such third parties.
To the extent that you choose to participate in a Virtual Event, you grant us, the Client organizing the Virtual Event, and each of such party’s affiliates, partners, licensees, and assigns the irrevocable, worldwide right to use, display, reproduce, sublicense, transmit, store, publish, modify, or create derivative works based upon the photographs and audiovisual recordings made of you, including your name, voice, and likeness that may be captured in connection with the Virtual Event (an "Appearance"), including excerpts thereof, in any and all forms of media now known or hereafter devised, for editorial, commercial, promotional, or any other purpose in any and all formats, now known or hereafter developed, in connection with your participation in the Virtual Event. You hereby waive any right to inspect or approve any use of the Appearance, and you release us and our affiliates, partners, employees, officers, licensees, and assigns from any and all claims arising out of the use of the Appearance, including, but not limited to, invasion of privacy or rights of publicity, or any claims for consideration or compensation for the Appearance or the rights granted hereunder.
Accessing Highbar – Highbar provides its Services through a Progressive Web App (“PWA”), which is accessible via any modern web browser on both mobile and desktop devices. You may optionally choose to install the PWA on your mobile device for a native-like experience, including offline functionality and push notifications (where supported by your device and browser). No download from the Apple App Store™ or Google Play™ is required.
Highbar’s PWA is designed to be lightweight and broadly compatible, but we do not guarantee that all features will work on all devices or operating systems. Your continued use of the PWA constitutes acceptance of any automatic updates or improvements we may apply to enhance performance and security.
If downloadable native apps are introduced in the future, additional terms may apply, including those imposed by the applicable app store provider. You agree to comply with all relevant usage rules and legal requirements should you choose to use any such future app.
We reserve all rights not expressly granted herein.
You are solely responsible for safeguarding any credentials used to access the Services, including passwords, magic-link emails, single sign-on accounts, and attendee codes. You agree not to use the credentials of another Highbar user, and you agree to notify Highbar immediately of any unauthorized use of your account. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else accessing your account, with or without your knowledge.
In addition to any other representations made by you in these Terms, you further represent and warrant that:
You agree to indemnify, defend, and hold harmless Highbar, and its officers, directors, employees, agents, contractors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: Your Content; your use of the Services; your breach of these terms; any actual, prospective, completed, or terminated purchase, sale, or other transaction between you and a third party.
We intend that the information contained in our Services be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS, AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS, AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE GREATER OF:
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
We are not responsible for any errors, delays, or other technical problems beyond our reasonable control.
You are solely responsible for canceling your Account. Account cancellation requests must be submitted in writing to hello@highbar.ai. Cancellations by phone or sent to any other email address will not be considered valid. You may also delete our App, in which case underlying app data may not be recoverable. Please visit our Privacy Policy to understand how we treat your information when you terminate your account.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Services for any reason, including your breach of these Terms, the terms and conditions of any service for which you may have registered, or a violation of the rights of a Client, another End User, or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to hello@highbar.ai. You shall be responsible for ensuring delivery of the notice to us.
We reserve the right, with or without notice to you at any time, to change, modify, or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product, or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services (including, without limitation, the Payment Processing Partners). Similarly, as part of the Services, we may offer links to websites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of Highbar.
Our inclusion of a link to a third-party website or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services.
Highbar hereby disclaims and you hereby discharge, waive, and release Highbar and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
Informal Resolution First – We aim to resolve any concerns or disputes you may have as efficiently and amicably as possible. Before filing a formal legal claim, you agree to try to resolve the dispute informally by contacting us at hello@highbar.ai. Most disputes are resolved this way. If we’re unable to resolve the issue within 60 days, either party may initiate arbitration as described below.
Binding Arbitration – Any dispute, claim, or controversy ("Claim") arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Exceptions – Either party may: (i) bring an individual action in small claims court; (ii) seek injunctive or other equitable relief for alleged infringement or misuse of intellectual property rights; or (iii) opt out of arbitration as described below.
Opt-Out – You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to hello@highbar.ai with the subject line “Arbitration Opt-Out.” The opt-out notice must include your full name and the email address associated with your account.
No Class Actions – You agree to resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, and private attorney general actions are not allowed.
In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OR USING THE HIGHBAR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
We, Highbar AI, Inc. ("Highbar"), provide various event management software solutions to event organizers (each, a "Client") for use in connection with one or more in-person or virtual events (each, an "Event"). These solutions include mobile applications, websites, attendee data management tools, and other event-related products (collectively, the "Products"). Our Clients may, in turn, make some of these Products available to their customers for the purpose of attending and participating in their Events ("End Users"). We also offer certain support and hosting services related to the Products, as well as the Highbar website currently located at www.highbar.ai and all subdomains therein (the "Site" and, together with the Products and related support and hosting services, the "Services").
These Terms apply to your use of the Services if you are accessing the Services as an End User ("you" or "your") to attend and participate in an Event hosted and organized by one or more of our Clients. If you are accessing the Services as a Client to create and manage one or more Events, please visit the Highbar Terms of Service applicable to Clients, available at https://www.highbar.ai/terms-of-service.
We may modify these Terms from time to time. We will provide reasonable notice of material changes through the Services or by email. Changes will not apply retroactively and will not apply to disputes or events occurring before the change is published. Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms.
Information that we collect through the Services about you is governed by our Privacy Policy, which is incorporated by reference herein in its entirety. You hereby acknowledge that you have read and agree to be bound by our Privacy Policy.
If you are located outside of the United States, please note that your personal data may be transferred to the United States or other jurisdictions that may not offer the same level of data protection as your home country. Where required, we rely on appropriate safeguards, including the European Commission’s Standard Contractual Clauses (SCCs), to lawfully transfer personal data.
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video, or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users (collectively, "User Content", and any such User Content posted by you or through your use of the Services, "Your Content"). You expressly agree that we: (a) will not be liable for any User Content, and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Services for any reason, including any of Your Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
Highbar AI, Inc. Attn: Legal Department Email: hello@highbar.ai
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of prohibited activities on or through the Services:
In addition, you covenant and represent that you will not use the Services for any purpose other than those that are personal, nor will you use the Services in violation of the law or these Terms. While we are not under any obligation to monitor User Content, we may, at our sole discretion, remove any Content that we deem objectionable, offensive, unlawful, or in violation of these Terms.
For clarity, the rights you grant in this license are for the limited purpose of operating, promoting, developing, and improving our Services. Subject to the limited license below and the terms associated with a Virtual Event described below, you retain all of your rights in all of Your Content. Unless agreed otherwise in writing signed by us, by submitting Your Content, you hereby grant to us, for the purpose of providing you the Services, a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to:
By submitting and posting Your Content on the Services, you hereby represent and warrant to us that:
You may choose to participate in Events that utilize video and/or audio streaming and recording functionality as part of the Event (a "Virtual Event") and you understand and agree that Virtual Events may be recorded in the event that the Client organizing the Virtual Event chooses to do so. You consent to such recording by participating in the Event.
You can choose to turn your video and audio on or off on your own device or through the web browser you utilize to participate in a Virtual Event. Video and/or audio streaming and recording technology is provided by third parties that are integrated with our Services. Your use of the functionality provided by such third parties is subject to the terms of service, privacy practices, and related agreements provided by such third parties, and we assume no responsibility for such terms, nor for the actions or practices of such third parties.
To the extent that you choose to participate in a Virtual Event, you grant us, the Client organizing the Virtual Event, and each of such party’s affiliates, partners, licensees, and assigns the irrevocable, worldwide right to use, display, reproduce, sublicense, transmit, store, publish, modify, or create derivative works based upon the photographs and audiovisual recordings made of you, including your name, voice, and likeness that may be captured in connection with the Virtual Event (an "Appearance"), including excerpts thereof, in any and all forms of media now known or hereafter devised, for editorial, commercial, promotional, or any other purpose in any and all formats, now known or hereafter developed, in connection with your participation in the Virtual Event. You hereby waive any right to inspect or approve any use of the Appearance, and you release us and our affiliates, partners, employees, officers, licensees, and assigns from any and all claims arising out of the use of the Appearance, including, but not limited to, invasion of privacy or rights of publicity, or any claims for consideration or compensation for the Appearance or the rights granted hereunder.
Accessing Highbar – Highbar provides its Services through a Progressive Web App (“PWA”), which is accessible via any modern web browser on both mobile and desktop devices. You may optionally choose to install the PWA on your mobile device for a native-like experience, including offline functionality and push notifications (where supported by your device and browser). No download from the Apple App Store™ or Google Play™ is required.
Highbar’s PWA is designed to be lightweight and broadly compatible, but we do not guarantee that all features will work on all devices or operating systems. Your continued use of the PWA constitutes acceptance of any automatic updates or improvements we may apply to enhance performance and security.
If downloadable native apps are introduced in the future, additional terms may apply, including those imposed by the applicable app store provider. You agree to comply with all relevant usage rules and legal requirements should you choose to use any such future app.
We reserve all rights not expressly granted herein.
You are solely responsible for safeguarding any credentials used to access the Services, including passwords, magic-link emails, single sign-on accounts, and attendee codes. You agree not to use the credentials of another Highbar user, and you agree to notify Highbar immediately of any unauthorized use of your account. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else accessing your account, with or without your knowledge.
In addition to any other representations made by you in these Terms, you further represent and warrant that:
You agree to indemnify, defend, and hold harmless Highbar, and its officers, directors, employees, agents, contractors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: Your Content; your use of the Services; your breach of these terms; any actual, prospective, completed, or terminated purchase, sale, or other transaction between you and a third party.
We intend that the information contained in our Services be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS, AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS, AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE GREATER OF:
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
We are not responsible for any errors, delays, or other technical problems beyond our reasonable control.
You are solely responsible for canceling your Account. Account cancellation requests must be submitted in writing to hello@highbar.ai. Cancellations by phone or sent to any other email address will not be considered valid. You may also delete our App, in which case underlying app data may not be recoverable. Please visit our Privacy Policy to understand how we treat your information when you terminate your account.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Services for any reason, including your breach of these Terms, the terms and conditions of any service for which you may have registered, or a violation of the rights of a Client, another End User, or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to hello@highbar.ai. You shall be responsible for ensuring delivery of the notice to us.
We reserve the right, with or without notice to you at any time, to change, modify, or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product, or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services (including, without limitation, the Payment Processing Partners). Similarly, as part of the Services, we may offer links to websites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of Highbar.
Our inclusion of a link to a third-party website or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services.
Highbar hereby disclaims and you hereby discharge, waive, and release Highbar and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
Informal Resolution First – We aim to resolve any concerns or disputes you may have as efficiently and amicably as possible. Before filing a formal legal claim, you agree to try to resolve the dispute informally by contacting us at hello@highbar.ai. Most disputes are resolved this way. If we’re unable to resolve the issue within 60 days, either party may initiate arbitration as described below.
Binding Arbitration – Any dispute, claim, or controversy ("Claim") arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Arbitration Rules - The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Exceptions – Either party may: (i) bring an individual action in small claims court; (ii) seek injunctive or other equitable relief for alleged infringement or misuse of intellectual property rights; or (iii) opt out of arbitration as described below.
Opt-Out – You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to hello@highbar.ai with the subject line “Arbitration Opt-Out.” The opt-out notice must include your full name and the email address associated with your account.
No Class Actions – You agree to resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, and private attorney general actions are not allowed.
In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OR USING THE HIGHBAR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
We, Highbar AI, Inc. ("Highbar"), provide various event management software solutions to event organizers (each, a "Client") for use in connection with one or more in-person or virtual events (each, an "Event"). These solutions include mobile applications, websites, attendee data management tools, and other event-related products (collectively, the "Products"). Our Clients may, in turn, make some of these Products available to their customers for the purpose of attending and participating in their Events ("End Users"). We also offer certain support and hosting services related to the Products, as well as the Highbar website currently located at www.highbar.ai and all subdomains therein (the "Site" and, together with the Products and related support and hosting services, the "Services").
These Terms apply to your use of the Services if you are accessing the Services as an End User ("you" or "your") to attend and participate in an Event hosted and organized by one or more of our Clients. If you are accessing the Services as a Client to create and manage one or more Events, please visit the Highbar Terms of Service applicable to Clients, available at https://www.highbar.ai/terms-of-service.
We may modify these Terms from time to time. We will provide reasonable notice of material changes through the Services or by email. Changes will not apply retroactively and will not apply to disputes or events occurring before the change is published. Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms.
Information that we collect through the Services about you is governed by our Privacy Policy, which is incorporated by reference herein in its entirety. You hereby acknowledge that you have read and agree to be bound by our Privacy Policy.
If you are located outside of the United States, please note that your personal data may be transferred to the United States or other jurisdictions that may not offer the same level of data protection as your home country. Where required, we rely on appropriate safeguards, including the European Commission’s Standard Contractual Clauses (SCCs), to lawfully transfer personal data.
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video, or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users (collectively, "User Content", and any such User Content posted by you or through your use of the Services, "Your Content"). You expressly agree that we: (a) will not be liable for any User Content, and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Services for any reason, including any of Your Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
Highbar AI, Inc. Attn: Legal Department Email: hello@highbar.ai
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of prohibited activities on or through the Services:
In addition, you covenant and represent that you will not use the Services for any purpose other than those that are personal, nor will you use the Services in violation of the law or these Terms. While we are not under any obligation to monitor User Content, we may, at our sole discretion, remove any Content that we deem objectionable, offensive, unlawful, or in violation of these Terms.
For clarity, the rights you grant in this license are for the limited purpose of operating, promoting, developing, and improving our Services. Subject to the limited license below and the terms associated with a Virtual Event described below, you retain all of your rights in all of Your Content. Unless agreed otherwise in writing signed by us, by submitting Your Content, you hereby grant to us, for the purpose of providing you the Services, a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to:
By submitting and posting Your Content on the Services, you hereby represent and warrant to us that:
You may choose to participate in Events that utilize video and/or audio streaming and recording functionality as part of the Event (a "Virtual Event") and you understand and agree that Virtual Events may be recorded in the event that the Client organizing the Virtual Event chooses to do so. You consent to such recording by participating in the Event.
You can choose to turn your video and audio on or off on your own device or through the web browser you utilize to participate in a Virtual Event. Video and/or audio streaming and recording technology is provided by third parties that are integrated with our Services. Your use of the functionality provided by such third parties is subject to the terms of service, privacy practices, and related agreements provided by such third parties, and we assume no responsibility for such terms, nor for the actions or practices of such third parties.
To the extent that you choose to participate in a Virtual Event, you grant us, the Client organizing the Virtual Event, and each of such party’s affiliates, partners, licensees, and assigns the irrevocable, worldwide right to use, display, reproduce, sublicense, transmit, store, publish, modify, or create derivative works based upon the photographs and audiovisual recordings made of you, including your name, voice, and likeness that may be captured in connection with the Virtual Event (an "Appearance"), including excerpts thereof, in any and all forms of media now known or hereafter devised, for editorial, commercial, promotional, or any other purpose in any and all formats, now known or hereafter developed, in connection with your participation in the Virtual Event. You hereby waive any right to inspect or approve any use of the Appearance, and you release us and our affiliates, partners, employees, officers, licensees, and assigns from any and all claims arising out of the use of the Appearance, including, but not limited to, invasion of privacy or rights of publicity, or any claims for consideration or compensation for the Appearance or the rights granted hereunder.
Accessing Highbar – Highbar provides its Services through a Progressive Web App (“PWA”), which is accessible via any modern web browser on both mobile and desktop devices. You may optionally choose to install the PWA on your mobile device for a native-like experience, including offline functionality and push notifications (where supported by your device and browser). No download from the Apple App Store™ or Google Play™ is required.
Highbar’s PWA is designed to be lightweight and broadly compatible, but we do not guarantee that all features will work on all devices or operating systems. Your continued use of the PWA constitutes acceptance of any automatic updates or improvements we may apply to enhance performance and security.
If downloadable native apps are introduced in the future, additional terms may apply, including those imposed by the applicable app store provider. You agree to comply with all relevant usage rules and legal requirements should you choose to use any such future app.
We reserve all rights not expressly granted herein.
You are solely responsible for safeguarding any credentials used to access the Services, including passwords, magic-link emails, single sign-on accounts, and attendee codes. You agree not to use the credentials of another Highbar user, and you agree to notify Highbar immediately of any unauthorized use of your account. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else accessing your account, with or without your knowledge.
In addition to any other representations made by you in these Terms, you further represent and warrant that:
You agree to indemnify, defend, and hold harmless Highbar, and its officers, directors, employees, agents, contractors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: Your Content; your use of the Services; your breach of these terms; any actual, prospective, completed, or terminated purchase, sale, or other transaction between you and a third party.
We intend that the information contained in our Services be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS, AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS, AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE GREATER OF:
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
We are not responsible for any errors, delays, or other technical problems beyond our reasonable control.
You are solely responsible for canceling your Account. Account cancellation requests must be submitted in writing to hello@highbar.ai. Cancellations by phone or sent to any other email address will not be considered valid. You may also delete our App, in which case underlying app data may not be recoverable. Please visit our Privacy Policy to understand how we treat your information when you terminate your account.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Services for any reason, including your breach of these Terms, the terms and conditions of any service for which you may have registered, or a violation of the rights of a Client, another End User, or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to hello@highbar.ai. You shall be responsible for ensuring delivery of the notice to us.
We reserve the right, with or without notice to you at any time, to change, modify, or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product, or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services (including, without limitation, the Payment Processing Partners). Similarly, as part of the Services, we may offer links to websites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of Highbar.
Our inclusion of a link to a third-party website or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services.
Highbar hereby disclaims and you hereby discharge, waive, and release Highbar and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
Informal Resolution First – We aim to resolve any concerns or disputes you may have as efficiently and amicably as possible. Before filing a formal legal claim, you agree to try to resolve the dispute informally by contacting us at hello@highbar.ai. Most disputes are resolved this way. If we’re unable to resolve the issue within 60 days, either party may initiate arbitration as described below.
Binding Arbitration – Any dispute, claim, or controversy ("Claim") arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Arbitration Rules - The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Exceptions – Either party may: (i) bring an individual action in small claims court; (ii) seek injunctive or other equitable relief for alleged infringement or misuse of intellectual property rights; or (iii) opt out of arbitration as described below.
Opt-Out – You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to hello@highbar.ai with the subject line “Arbitration Opt-Out.” The opt-out notice must include your full name and the email address associated with your account.
No Class Actions – You agree to resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, and private attorney general actions are not allowed.
In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OR USING THE HIGHBAR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
We, Highbar AI, Inc. ("Highbar"), provide various event management software solutions to event organizers (each, a "Client") for use in connection with one or more in-person or virtual events (each, an "Event"). These solutions include mobile applications, websites, attendee data management tools, and other event-related products (collectively, the "Products"). Our Clients may, in turn, make some of these Products available to their customers for the purpose of attending and participating in their Events ("End Users"). We also offer certain support and hosting services related to the Products, as well as the Highbar website currently located at www.highbar.ai and all subdomains therein (the "Site" and, together with the Products and related support and hosting services, the "Services").
These Terms apply to your use of the Services if you are accessing the Services as an End User ("you" or "your") to attend and participate in an Event hosted and organized by one or more of our Clients. If you are accessing the Services as a Client to create and manage one or more Events, please visit the Highbar Terms of Service applicable to Clients, available at https://www.highbar.ai/terms-of-service.
We may modify these Terms from time to time. We will provide reasonable notice of material changes through the Services or by email. Changes will not apply retroactively and will not apply to disputes or events occurring before the change is published. Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms.
Information that we collect through the Services about you is governed by our Privacy Policy, which is incorporated by reference herein in its entirety. You hereby acknowledge that you have read and agree to be bound by our Privacy Policy.
If you are located outside of the United States, please note that your personal data may be transferred to the United States or other jurisdictions that may not offer the same level of data protection as your home country. Where required, we rely on appropriate safeguards, including the European Commission’s Standard Contractual Clauses (SCCs), to lawfully transfer personal data.
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video, or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users (collectively, "User Content", and any such User Content posted by you or through your use of the Services, "Your Content"). You expressly agree that we: (a) will not be liable for any User Content, and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Services for any reason, including any of Your Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
Highbar AI, Inc. Attn: Legal Department Email: hello@highbar.ai
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of prohibited activities on or through the Services:
In addition, you covenant and represent that you will not use the Services for any purpose other than those that are personal, nor will you use the Services in violation of the law or these Terms. While we are not under any obligation to monitor User Content, we may, at our sole discretion, remove any Content that we deem objectionable, offensive, unlawful, or in violation of these Terms.
For clarity, the rights you grant in this license are for the limited purpose of operating, promoting, developing, and improving our Services. Subject to the limited license below and the terms associated with a Virtual Event described below, you retain all of your rights in all of Your Content. Unless agreed otherwise in writing signed by us, by submitting Your Content, you hereby grant to us, for the purpose of providing you the Services, a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to:
By submitting and posting Your Content on the Services, you hereby represent and warrant to us that:
You may choose to participate in Events that utilize video and/or audio streaming and recording functionality as part of the Event (a "Virtual Event") and you understand and agree that Virtual Events may be recorded in the event that the Client organizing the Virtual Event chooses to do so. You consent to such recording by participating in the Event.
You can choose to turn your video and audio on or off on your own device or through the web browser you utilize to participate in a Virtual Event. Video and/or audio streaming and recording technology is provided by third parties that are integrated with our Services. Your use of the functionality provided by such third parties is subject to the terms of service, privacy practices, and related agreements provided by such third parties, and we assume no responsibility for such terms, nor for the actions or practices of such third parties.
To the extent that you choose to participate in a Virtual Event, you grant us, the Client organizing the Virtual Event, and each of such party’s affiliates, partners, licensees, and assigns the irrevocable, worldwide right to use, display, reproduce, sublicense, transmit, store, publish, modify, or create derivative works based upon the photographs and audiovisual recordings made of you, including your name, voice, and likeness that may be captured in connection with the Virtual Event (an "Appearance"), including excerpts thereof, in any and all forms of media now known or hereafter devised, for editorial, commercial, promotional, or any other purpose in any and all formats, now known or hereafter developed, in connection with your participation in the Virtual Event. You hereby waive any right to inspect or approve any use of the Appearance, and you release us and our affiliates, partners, employees, officers, licensees, and assigns from any and all claims arising out of the use of the Appearance, including, but not limited to, invasion of privacy or rights of publicity, or any claims for consideration or compensation for the Appearance or the rights granted hereunder.
Accessing Highbar – Highbar provides its Services through a Progressive Web App (“PWA”), which is accessible via any modern web browser on both mobile and desktop devices. You may optionally choose to install the PWA on your mobile device for a native-like experience, including offline functionality and push notifications (where supported by your device and browser). No download from the Apple App Store™ or Google Play™ is required.
Highbar’s PWA is designed to be lightweight and broadly compatible, but we do not guarantee that all features will work on all devices or operating systems. Your continued use of the PWA constitutes acceptance of any automatic updates or improvements we may apply to enhance performance and security.
If downloadable native apps are introduced in the future, additional terms may apply, including those imposed by the applicable app store provider. You agree to comply with all relevant usage rules and legal requirements should you choose to use any such future app.
We reserve all rights not expressly granted herein.
You are solely responsible for safeguarding any credentials used to access the Services, including passwords, magic-link emails, single sign-on accounts, and attendee codes. You agree not to use the credentials of another Highbar user, and you agree to notify Highbar immediately of any unauthorized use of your account. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else accessing your account, with or without your knowledge.
In addition to any other representations made by you in these Terms, you further represent and warrant that:
You agree to indemnify, defend, and hold harmless Highbar, and its officers, directors, employees, agents, contractors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: Your Content; your use of the Services; your breach of these terms; any actual, prospective, completed, or terminated purchase, sale, or other transaction between you and a third party.
We intend that the information contained in our Services be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS, AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS, AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE GREATER OF:
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
We are not responsible for any errors, delays, or other technical problems beyond our reasonable control.
You are solely responsible for canceling your Account. Account cancellation requests must be submitted in writing to hello@highbar.ai. Cancellations by phone or sent to any other email address will not be considered valid. You may also delete our App, in which case underlying app data may not be recoverable. Please visit our Privacy Policy to understand how we treat your information when you terminate your account.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Services for any reason, including your breach of these Terms, the terms and conditions of any service for which you may have registered, or a violation of the rights of a Client, another End User, or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to hello@highbar.ai. You shall be responsible for ensuring delivery of the notice to us.
We reserve the right, with or without notice to you at any time, to change, modify, or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product, or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services (including, without limitation, the Payment Processing Partners). Similarly, as part of the Services, we may offer links to websites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of Highbar.
Our inclusion of a link to a third-party website or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services.
Highbar hereby disclaims and you hereby discharge, waive, and release Highbar and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
Informal Resolution First – We aim to resolve any concerns or disputes you may have as efficiently and amicably as possible. Before filing a formal legal claim, you agree to try to resolve the dispute informally by contacting us at hello@highbar.ai. Most disputes are resolved this way. If we’re unable to resolve the issue within 60 days, either party may initiate arbitration as described below.
Binding Arbitration – Any dispute, claim, or controversy ("Claim") arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Arbitration Rules - The arbitration will take place in Los Angeles County, California, and will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court with jurisdiction. This section is governed by the Federal Arbitration Act.
Exceptions – Either party may: (i) bring an individual action in small claims court; (ii) seek injunctive or other equitable relief for alleged infringement or misuse of intellectual property rights; or (iii) opt out of arbitration as described below.
Opt-Out – You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to hello@highbar.ai with the subject line “Arbitration Opt-Out.” The opt-out notice must include your full name and the email address associated with your account.
No Class Actions – You agree to resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, and private attorney general actions are not allowed.
In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”) CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
BY ACCESSING OR USING THE HIGHBAR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
We, Highbar AI, Inc. (“Highbar”), provide various event management software solutions to event organizers (each, a “Client”) for use in connection with one or more in-person or virtual events (each, an “Event”). These solutions include mobile applications, websites, attendee data management tools, and other event-related products (collectively, the “Products”). Our Clients may, in turn, make some of these Products available to their customers for the purpose of attending and participating in their Events (“End Users”). We also offer certain support and hosting services related to the Products, as well as the Highbar website currently located at www.highbar.ai and all subdomains therein (the “Site” and, together with the Products and related support and hosting services, the “Services”).
These Terms apply to your use of the Services if you are accessing the Services as a Client or on behalf of a Client to create and manage one or more Events (together with the Client, “you” or “your”). If you are accessing the Services as an End User, please visit the Highbar Terms of Service applicable to End Users, available at https://www.highbar.ai/terms-of-service.
We may modify these Terms from time to time. We will notify Client of material changes by email or through the Services at least thirty (30) days before they take effect. Changes will not apply retroactively and will not apply to disputes or events occurring before the change is published. Continued use of the Services after the effective date of a change constitutes acceptance of the updated Terms.
Information that we collect through the Services about you or any End Users is governed by our Privacy Policy, which is incorporated by reference herein in its entirety. You hereby acknowledge that you have read and agree to be bound by our Privacy Policy.
To the extent that, in connection with your use of the Services, you access, store, or otherwise process any personal information of End Users, you agree to comply with all applicable laws, regulations, rules, orders, and ordinances with respect to such information including, but not limited to, the European Union’s General Data Protection Regulation (2016/EC/679) (the “GDPR”), the California Consumer Privacy Act (“CCPA”), the Children’s Online Privacy Protection Act (“COPPA”), and the CAN-SPAM ACT.
In furtherance of the foregoing, if we share information with you about End Users residing in the European Union or Switzerland, you represent and warrant that: (i) you will process such data in accordance with the applicable data protection laws; (ii) where required, you will enter into Standard Contractual Clauses (SCCs) or another lawful data transfer mechanism approved by relevant authorities; (iii) you will notify us if you make a determination that you can no longer meet these obligations; and (iv) upon such notice, we may take reasonable and appropriate steps to stop and remediate unauthorized processing.
The following provisions shall apply to your use of the Services generally.
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video, or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users (collectively, “User Content”, and any such User Content posted to or through your Highbar account, “Your Content”). You expressly agree that we: (a) will not be liable for any User Content and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Services for any reason, including any of Your Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
Highbar AI, Inc.
Attn: DMCA Agent
Email: hello@highbar.ai
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of the kinds of activities that are prohibited on or through the Services:
In addition, you covenant and represent that you will not use the Services for any purpose other than those permitted herein, nor will you use the Services in violation of the law or these Terms. While we are not under any obligation to monitor User Content, we may, in our sole determination, remove any Content that we deem objectionable, offensive, unlawful, or in violation of these Terms.
For clarity, the rights you grant in this license are for the limited purpose of operating, promoting, developing, and improving our Services. Subject to the limited license below, you retain all of your rights in all of Your Content. Unless agreed otherwise in writing signed by us, by submitting Your Content, you hereby grant to us, for the purpose of providing you the Services, a royalty-free, perpetual, irrevocable, fully transferable, sublicensable, nonexclusive right and license to:
By submitting and posting Your Content on the Services, you hereby represent and warrant to us that:
The Services include features powered by artificial intelligence and machine learning, which may include AI concierge and chatbot functionality, networking and matching recommendations, audience analytics, session summarization from uploaded recordings, content and registration builders, and similar capabilities (collectively, "AI Features"). Client and End User inputs, along with content uploaded by Client (such as session audio, agendas, and speaker materials), are processed by AI Features to generate responses, recommendations, summaries, and insights.
Client acknowledges and agrees that:
(a) AI Features may produce output that is inaccurate, incomplete, or unexpected. Client is responsible for reviewing AI-generated content before relying on or distributing it, and should not rely on AI Features for medical, legal, financial, or other professional advice or for material decisions.
(b) Client is responsible for providing notice to End Users about the use of AI Features at its Events, and for obtaining any consents required by applicable law, including consents related to automated decision-making, profiling, recordings, and the use of voice or likeness.
(c) If Client uploads audio, video, or other recordings to the Services, Client represents and warrants that it has obtained all necessary rights, consents, and permissions from any individuals captured in such recordings, in compliance with applicable recording, privacy, and publicity laws.
(d) Client is responsible for complying with all laws applicable to its use of AI Features, including laws governing automated decision-making, profiling, and AI transparency.
(e) The handling of personal information processed in connection with AI Features, including the use of third-party AI service providers, data retention, and any restrictions on the use of content for model training, is described in our Privacy Policy and any applicable Data Processing Addendum.
(f) Highbar may update, modify, retrain, or discontinue AI Features at any time.
Accessing the App – Highbar provides its Services via Progressive Web Apps (“PWAs”), which are web-based applications that can be accessed through any modern browser and optionally installed on supported mobile devices. Our PWAs are designed to function similarly to native apps, including offline access, push notifications (where supported), and home screen installation. No download from an app store is required.
You acknowledge that our PWAs may not be compatible with all devices or operating systems, and that access depends on your device’s browser capabilities. We do not warrant that the App will function on all devices or platforms.
Future Native App Support (If Applicable) – If Highbar introduces native mobile applications in the future, additional terms may apply. These may include licensing restrictions, distribution via app stores such as the Apple App Store™ or Google Play™, and acceptance of those platforms’ developer or usage policies.
License – We grant you a non-exclusive, non-transferable, revocable license to use the PWA on supported devices for your internal business use only. You may not:
You acknowledge that we may update the App automatically and that your continued use constitutes acceptance of any such updates.
You are solely responsible for safeguarding the credentials used to access your Highbar account, including passwords, magic links, and single sign-on accounts. You may not use the credentials of another Highbar user, and you agree to notify Highbar immediately of any unauthorized use of your account. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else accessing your account, with or without your knowledge.
In addition to any other representations made by you in these Terms, you further represent and warrant that:
You agree to indemnify, defend, and hold harmless Highbar, and its officers, directors, employees, agents, contractors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) Your Content, (b) your use of the Services, (c) your breach of these Terms, or (d) any actual, prospective, completed, or terminated purchase, sale, or other transaction between you and a third party.
We intend that the information contained in our Services be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update. THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS, AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS, AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF HIGHBAR’S FEES PAID IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE ACTION OR EVENT FORMING THE BASIS FOR SUCH CLAIM. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
We are not responsible for any errors or delays or other technical problems beyond our reasonable control.
Cancellation by Client. Client may cancel its account at any time by submitting written notice to hello@highbar.ai. Cancellations by phone or sent to any other email address will not be considered valid. Cancellation does not entitle Client to a refund of Fees already paid except as provided in Section 5 or in an applicable Order Form.
Effect of Cancellation. Following cancellation, Client will retain access to the Services through (a) the end of any active billing period, or (b) the conclusion of any Event already scheduled and paid for, whichever is later, after which access will be terminated. Client may also delete individual Events from the Services at any time. Upon cancellation or deletion, underlying Event data may not be recoverable. Client is responsible for exporting any data it wishes to retain prior to cancellation or deletion.
Termination by Highbar. Highbar reserves the right, in its sole discretion, to terminate Client's access to the Services in the event of a material breach of these Terms or a violation of the rights of another Highbar user or of the law. For non-material breaches, Highbar will provide written notice and a ten (10) business day period to cure the breach prior to termination.
Communications. Client may unsubscribe from any further communication from Highbar at any time by delivering a written notice to hello@highbar.ai. Client is responsible for ensuring that Highbar receives such notice.
Survival. Any provision of these Terms that by its nature should survive termination will survive, including without limitation provisions relating to Fees accrued prior to termination, intellectual property rights, content licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and the class action waiver.
Force Majeure. Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, acts of government, natural disasters, epidemics, labor disputes, internet or utility failures, or third-party service interruptions.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services (including, without limitation, the Payment Processing Partners). Similarly, as part of the Services, we may offer links to websites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of Highbar. Our inclusion of a link to a third-party website or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services. Highbar hereby disclaims, and you hereby discharge, waive and release Highbar and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THE WAIVER CONTAINED IN THIS SECTION SHALL BE SEVERABLE FROM THE REMAINDER OF THE AGREEMENT.
In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
To the extent that your use of the Services is subject to data protection laws in the European Union and/or Switzerland with respect to processing of any personal data (as those terms are defined in such data protection laws), both you and Highbar agree that the Data Processing Addendum will apply to your use of the Services and is hereby incorporated by reference into these Terms.
The DPA is available upon request by emailing hello@highbar.ai.
You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed passive and operated and controlled from within the United States, and do not give rise to personal jurisdiction over us in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. These Terms, together with the Privacy Policy, any Order Form, and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services and supersedes any prior written or oral representations. In the event of a conflict, an Order Form signed by both parties controls over these Terms, and these Terms control over other materials.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. All rights not expressly granted herein are reserved to us.
We are committed to ensuring accessibility for all users. If you require assistance using the Services or have accessibility-related feedback, please contact us at hello@highbar.ai.