Tour Hustler legal
TOUR HUSTLER INVITE-ONLY ALPHA TESTING ADDENDUM
1. Purpose; Incorporation; Defined Terms
This Tour Hustler Invite-Only Alpha Testing Addendum (the “Addendum”) supplements and is incorporated into the Tour Hustler Terms of Service (the “Terms”). It applies only while a person or organization is invited to, enrolled in, or using Tour Hustler’s invite-only alpha program (the “Alpha Program”). “Tour Hustler,” “we,” “us,” and “our” mean Tour Hustler LLC. Capitalized terms not defined here have the meanings given in the Terms. “Displayed Booking Terms” means the booking-specific details presented through the Platform, including the parties, gig date, time, location, compensation, deposit or balance, fees, cancellation and refund rules, and any other terms shown or accepted for that booking.
2. Invitation-Only Live Alpha
The Alpha Program is a limited, pre-release test of an unfinished platform. Access is personal to the invited participant or authorized representative of an invited organization and may not be sold, transferred, shared, or extended to another person without Tour Hustler’s permission. Alpha participants understand that the Platform is being tested in live conditions and may be used to communicate, create or accept bookings, coordinate gigs, and initiate or administer real payments. A transaction is a test transaction only when Tour Hustler clearly labels it as a test and authorizes it to be treated that way.
3. Acknowledgment of Alpha Risks
Alpha participants knowingly accept that defects and unexpected behavior may occur. Examples include bugs; outages; delays; failed, late, missing, or duplicate notifications; incorrect calendar entries; time-zone errors; duplicate or conflicting bookings; inaccurate, incomplete, stale, or mismatched information; failed uploads; incorrect status displays; payment-processing interruptions; and loss, corruption, reset, or duplication of data. The examples are illustrative and not exhaustive. A feature that worked previously may stop working or behave differently after an update. Tour Hustler may investigate and attempt to correct problems, but does not promise a particular response time, repair time, or outcome.
4. Independent Verification; No Sole Reliance
Before accepting, materially changing, traveling to, performing, paying for, cancelling, or otherwise materially relying on a booking, each participant must take reasonable steps under the circumstances to verify material booking details with the other booking party. The extent of verification reasonably required may depend on the nature, timing, and significance of the booking or proposed action. This includes the gig date, start and end times, time zone, venue address, load-in and sound-check times, compensation, deposit and remaining balance, fees, cancellation terms, equipment, access, age restrictions, permits, safety requirements, and any special instructions. Participants should maintain a backup calendar and independent copies of booking confirmations, communications, receipts, and payment records. If Platform information conflicts with information received from another source, the participant must pause and resolve the conflict directly with the other booking party and report the discrepancy to Tour Hustler.
Platform notifications—including push notifications, email, text messages, in-app messages, reminders, calendar entries, and status indicators—are convenience tools and may be late, missing, duplicated, or incorrect. Participants must not rely on them as the only means of meeting a time-sensitive obligation, avoiding a cancellation, confirming performance, or protecting a payment or refund right. A notification error does not by itself change the Terms, the Displayed Booking Terms, or a party’s existing obligations, subject to applicable law.
A participant’s failure to complete an independent verification does not waive any right or remedy, eliminate an obligation owed by Tour Hustler or another party, or automatically make the participant responsible for an error, loss, unauthorized transaction, or Platform defect. Responsibility remains determined under the Terms, the Displayed Booking Terms, and applicable law.
5. Availability; Feature Changes; Resets
Tour Hustler does not guarantee that the Alpha Program or any feature will be uninterrupted, secure, accurate, complete, compatible with a participant’s device, or error-free. To operate and evaluate the Alpha Program, Tour Hustler may change, disable, limit, suspend, replace, reset, or remove any alpha feature or test data without advance notice, subject to applicable law. Tour Hustler may also impose usage limits, maintenance windows, geographic restrictions, or eligibility requirements. These actions do not authorize Tour Hustler to disregard payment, refund, recordkeeping, privacy, or other obligations that apply under the Terms, Displayed Booking Terms, Privacy Policy, or law.
6. Material Alpha Errors and Corrective Notices
If Tour Hustler confirms that a Platform defect materially affected a booking, payment, refund, payout, location-sharing event, or time-sensitive notification, Tour Hustler may provide a corrective notice through the Platform or available contact information. The corrective notice may identify the affected information, state the information then believed to be correct, and describe any reasonable action the affected participants should take. A corrective notice does not independently modify an accepted booking or determine fault, payment entitlement, cancellation rights, or liability unless the affected parties validly agree to the modification or the governing terms expressly authorize it.
7. Access; Suspension; Revocation
Tour Hustler may deny, suspend, restrict, or revoke Alpha Program access at any time, with or without notice, including for security, safety, legal, operational, testing, capacity, suspected misuse, or policy reasons, subject to applicable law and the Terms. Tour Hustler may also require a participant to stop using a feature or install an update as a condition of continued access. Revocation of alpha access does not automatically cancel a confirmed booking, eliminate an accrued payment or refund obligation, or excuse conduct that occurred before revocation. Those matters remain governed by the Terms, the applicable Displayed Booking Terms, and law.
When reasonably practicable and legally permissible, Tour Hustler will provide a participant whose Alpha Program access has ended with a reasonable means to obtain records concerning confirmed or pending bookings, completed or disputed payments, refunds, payouts, and other unresolved transactions. Tour Hustler may limit access to interactive alpha features while preserving access to necessary transaction records or providing those records through another reasonable method.
8. Participant Duties; Accurate Information; Problem Reporting
Alpha participants must provide complete, current, and accurate account, profile, booking, payment, tax, contact, and availability information; keep that information updated; protect account credentials; and use the Platform in good faith. Participants must promptly report suspected bugs or errors that may affect a booking, payment, refund, account security, privacy, safety, location sharing, or another participant. Reports should include enough detail to reproduce and investigate the problem, but participants should not collect, copy, or send another person’s private information unless necessary and authorized. A participant must reasonably cooperate with requests to confirm facts, preserve relevant records, test a correction, or reduce ongoing harm.
9. Security and Authorized Testing
An invitation to the Alpha Program is not authorization to perform security testing. Except within a scope expressly authorized by Tour Hustler in writing, participants may not probe, scan, stress-test, bypass, defeat, or exploit security or access controls; introduce malicious code; disrupt service; scrape or extract nonpublic data; use another person’s credentials; access or attempt to access another account, booking, message, payment information, location, or data; or retain, use, or disclose information obtained through unintended access. A participant who encounters a suspected vulnerability or unintended access must stop, avoid further access or disclosure, preserve relevant details, and report the issue promptly through Tour Hustler’s designated support or security channel. Nothing here restricts conduct or reporting protected by applicable law.
Tour Hustler will not treat a participant’s good-faith, accidental discovery and prompt confidential reporting of a suspected vulnerability as prohibited security testing solely because the participant encountered the vulnerability during ordinary authorized use. This provision does not authorize continued access, exploitation, data extraction, public disclosure, or activity outside the participant’s authorized account or use.
Suspected security vulnerabilities should be reported confidentially to legal@tourhustler.com.
10. Temporary Location Sharing
When enabled for a booking, live location sharing is optional and will begin only after the sharing participant affirmatively enables or consents to the feature. Before location sharing begins, the Platform will identify, directly or by reasonably clear description: (a) the persons or categories of booking participants who may receive the location; (b) the purpose of the sharing; and (c) when sharing is expected to end. The participant may stop sharing at any time through available device or in-app controls, subject to reasonable technical delay. Declining or stopping location sharing will not, by itself, cancel a booking or eliminate a payment or refund right unless location sharing is separately made an express booking requirement before acceptance and applicable law permits that requirement.
Tour Hustler will not use live location information for advertising, unrelated profiling, or sale to third parties unless separately disclosed and lawfully authorized. Participants under eighteen may not enable live location sharing unless Tour Hustler has implemented any required parent or legal-guardian consent and age-appropriate safeguards.
11. Real Bookings, Payments, Cancellations, and Refunds
Unless Tour Hustler expressly labels a transaction as a test, bookings made or accepted during the Alpha Program are real agreements between the applicable venue and performer, as described in the Terms and Displayed Booking Terms. Compensation, deposits, remaining balances, payment authorizations, platform fees, cancellations, rescheduling, completion, disputes, refunds, reversals, chargebacks, and payouts remain governed by the Terms, the Displayed Booking Terms, applicable payment-processor terms, and law. Alpha status does not create an automatic right to cancel, avoid payment, retain funds, obtain a refund, or disregard a confirmed booking.
Nothing in this Addendum gives Tour Hustler a right to keep, release, reverse, withhold, or refuse funds or refunds beyond the authority provided by the Terms, the Displayed Booking Terms, the payment processor, and applicable law. Nothing in this Addendum excuses Tour Hustler from a payment, refund, notice, privacy, or other legal obligation that cannot lawfully be limited or disclaimed. If a Platform defect may have affected a booking or payment, participants must report it promptly and preserve relevant confirmations, communications, receipts, and processor records so the issue can be evaluated under the governing terms.
Nothing in this Addendum limits a participant’s right to dispute an unauthorized, duplicate, incorrect, or improperly processed transaction with the applicable payment processor, card issuer, financial institution, or governmental authority. No alpha-related reporting deadline stated by Tour Hustler replaces or shortens a deadline or error-resolution right established by applicable law or payment-network rules. A participant’s failure to report an issue to Tour Hustler promptly does not, by itself, waive a statutory payment right or authorize Tour Hustler to retain funds otherwise subject to refund, reversal, or return.
12. Feedback
Tour Hustler may request comments, suggestions, test results, ideas, error reports, or other feedback about the Alpha Program (“Feedback”). Participants are not required to provide Feedback unless separately agreed. If a participant provides Feedback, the participant grants Tour Hustler a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, create derivative works from, disclose, distribute, commercialize, and otherwise exploit the Feedback for any lawful purpose without compensation, credit, or an obligation to implement it. The participant represents that the participant may provide the Feedback and will not include another person’s confidential information. Personal information included in Feedback remains subject to the Privacy Policy.
“Feedback” does not include a participant’s music, recordings, photographs, videos, trademarks, performer materials, venue materials, booking content, personal information, payment information, confidential information, or other content submitted for purposes other than providing product feedback. Except for the license expressly granted in this Section, each participant retains ownership of the participant’s pre-existing intellectual property. Tour Hustler’s Feedback license does not authorize public attribution of Feedback to an identified participant without permission.
13. No Promise of Future Access or Benefits
Participation does not guarantee continued or future access to Tour Hustler; admission to a beta, launch, or other program; any future price, fee, discount, credit, subscription, feature, capacity, territory, ranking, priority, status, or service level; or preferential treatment. Tour Hustler may launch a materially different service, offer different terms to different user groups when lawful, or decide not to launch a tested feature or the Platform at all.
14. Alpha-Specific Disclaimer; Legal Savings
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ALPHA PROGRAM AND ALPHA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH KNOWN AND UNKNOWN DEFECTS. TOUR HUSTLER DOES NOT WARRANT THAT THE ALPHA PROGRAM WILL BE AVAILABLE, ACCURATE, COMPLETE, SECURE, COMPATIBLE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DATA, NOTIFICATIONS, CALENDAR ENTRIES, BOOKING INFORMATION, LOCATION INFORMATION, OR OTHER CONTENT WILL BE PRESERVED OR TRANSMITTED CORRECTLY. THIS ALPHA-SPECIFIC DISCLAIMER SUPPLEMENTS, AND DOES NOT EXPAND, THE DISCLAIMERS AND LIMITATIONS IN THE TERMS.
Nothing in this Addendum waives a right or remedy that cannot lawfully be waived, limits liability that cannot lawfully be limited, or reduces Tour Hustler’s duties under applicable law. The parties do not intend the acknowledgment of alpha risks to operate as a waiver of consumer-protection rights or as a release of obligations concerning real bookings, payments, refunds, privacy, security, or other matters except to the extent a limitation is lawful and expressly stated in the governing agreement.
15. Relationship to Other Governing Documents; Conflicts
The Terms, Privacy Policy, Community Standards, Displayed Booking Terms, and any other policies or consents that apply to a participant or transaction remain in effect. The Privacy Policy governs Tour Hustler’s processing of personal information, and the Displayed Booking Terms govern the specific commercial terms of an individual booking. If this Addendum irreconcilably conflicts with the Terms, this Addendum controls only with respect to the Alpha Program and alpha-testing matters. The Terms control in all other respects, including marketplace status, booking relationships, payments, cancellations, refunds, intellectual property, dispute resolution, liability limitations, indemnification, governing law, and general contract provisions, except where this Addendum expressly states otherwise.
16. Electronic Acceptance; Updates
A participant accepts this Addendum by affirmatively agreeing to it through Tour Hustler’s alpha enrollment or acceptance flow. Tour Hustler may update this Addendum as provided in the Terms. Changes to alpha features may occur as described in Section 5, but changes to this Addendum remain subject to any notice or renewed-acceptance requirements in the Terms or applicable law. If a participant does not accept an updated Addendum when acceptance is required, Tour Hustler may end the participant’s Alpha Program access, without eliminating obligations that arose before access ended.
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