TourFlow Terms of Service

Last Updated: August 2026 | Effective upon use of the Platform

TourFlow, LLC ("TourFlow," "we," "us," "our") operates the TourFlow platform (the "Platform"). These Terms are a binding agreement between you and TourFlow. By accessing or using the Platform, you accept them. If you do not accept them, do not use the Platform.

1. Parties and Scope

These Terms govern every user of the Platform:

• Fan Uploaders: individuals who upload photos, videos, or other content through a QR code, direct link, or any other entry point.

• Artist Users: recording artists, performers, and their authorized representatives who access the artist dashboard.

• Management and Label Users: management companies, labels, booking agencies, and other businesses accessing the Platform on behalf of one or more artists.

• Visitors: anyone who accesses the Platform without uploading content or creating an account.

These Terms apply to all access and use, on any device, whether or not you have an account.

2. Platform Description

TourFlow is live-event content infrastructure. It lets artists, management companies, and their authorized teams collect, organize, review, and deploy fan-submitted content from live events. Core functions:

• Fan content upload by QR code or direct link, with no fan account required.

• Automatic organization of uploads by artist, tour, and event date.

• An artist and management dashboard for reviewing, approving, and downloading content.

• First-party fan data capture where fans voluntarily provide contact information.

• Content workflow tools that support social media deployment.

TourFlow is both a technology platform and a content conduit. We host, process, transmit, and may display uploaded content in the course of providing these services. We are not a passive storage provider.

3. Eligibility

3a. Uploading content

You must be at least 13 to upload content to the Platform. By uploading, you represent that you are at least 13.

3b. Accounts

You must be at least 18 to create or hold a TourFlow account, including artist, management, and label accounts. By registering, you represent that you are at least 18 and that you have authority to bind any entity you register on behalf of.

3c. Content depicting minors

If content you upload shows an identifiable person under 18, you represent that you are that person's parent or legal guardian and have full authority to grant the rights in Section 5 on their behalf. TourFlow may remove content depicting minors at its sole discretion and without notice. Artist and management users are responsible for confirming that any content they approve or use featuring a minor has appropriate parental or guardian consent.

4. Accounts

4a. Artist and management accounts

Artist and management users must register. You agree to give accurate, current, complete information and to keep it current. You are solely responsible for:

• keeping your login credentials confidential;

• all activity under your account, authorized or not; and

• notifying TourFlow at legal@tourflow.net immediately of any unauthorized access or security breach.

TourFlow is not liable for loss or damage caused by unauthorized account access that results from your failure to safeguard your credentials.

4b. No account required for fans

Fan uploaders do not need an account. Every other provision of these Terms applies to them from the moment they open the upload interface.

5. Content Uploads and Grant of Rights

5a. Scope of license grant

By uploading any photo, video, audio recording, or other content ("Content"), you grant TourFlow, LLC and the artist or artists associated with the event the Content was uploaded for (each an "Artist"), jointly and severally, a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up, sublicensable, and transferable license to:

• use, reproduce, modify, adapt, edit, translate, create derivative works from, distribute, publicly perform, publicly display, transmit, and otherwise exploit the Content in whole or in part;

• use the Content for any purpose, including social posts, Reels, TikTok videos, YouTube content, tour recap videos, promotional materials, advertising, press releases, music videos, merchandise, and internal business use;

• sublicense these rights to third parties, including distributors, media partners, and platforms;

• use the Content in TourFlow's own marketing, product demonstrations, case studies, and investor materials; and

• keep using the Content after any agreement with the associated Artist ends.

TourFlow is the primary rights recipient under this license and acts as a pass-through to the Artist. The license to TourFlow is independent of the license to the Artist and does not diminish it. Both are granted at the moment of upload.

5b. Your representations and warranties

By uploading Content, you represent, warrant, and covenant that:

• you are the sole original creator and owner of the Content, or you hold every right, license, consent, and permission needed to grant the license in Section 5a;

• the Content does not infringe, misappropriate, or violate any intellectual property right, privacy right, right of publicity, moral right, or other right of any third party;

• you have written consent from every identifiable adult shown in the Content, or you are the parent or legal guardian of any identifiable minor shown and have authority to grant rights on their behalf;

• the Content is not defamatory, obscene, or otherwise unlawful; and

• you have the legal right and authority to grant the rights in Section 5a.

5c. Moral rights waiver

To the fullest extent the law allows, you waive all moral rights, rights of attribution, and rights of integrity in the Content as they relate to TourFlow's and the Artist's exercise of the rights granted here.

5d. No compensation

You will not receive payment, royalty, or other consideration for the Content or the rights granted here unless a separate written agreement says otherwise.

6. Fan Data Collection and Privacy

6a. Data collected

When fans use the Platform, TourFlow may collect, to the extent voluntarily provided:

• phone number and email address entered during the upload flow;

• IP address, device type, and browser information, collected automatically;

• the Content itself, including embedded metadata such as location data and timestamps; and

• event-level identifiers including artist, tour, show date, and venue.

6b. Use of fan data

TourFlow and the associated Artist may use fan contact data for:

• marketing communications by SMS and email, subject to applicable law;

• building and maintaining fan CRM lists; and

• TourFlow's internal analytics and product improvement.

By providing contact information, fans consent to receive communications from both TourFlow and the Artist. Fans may opt out at any time using the unsubscribe mechanism in any message. Opting out of Artist communications does not opt you out of TourFlow communications, and the reverse is also true.

6c. TCPA and applicable law

TourFlow complies with the Telephone Consumer Protection Act, the CAN-SPAM Act, and other applicable data privacy law. By providing a phone number, fans expressly consent to automated marketing texts from TourFlow and from the Artist at that number. Standard message and data rates may apply. This consent is not a condition of any purchase. TourFlow does not guarantee and is not responsible for each Artist's independent compliance with applicable data privacy law.

6d. Data security

TourFlow uses commercially reasonable security measures to protect collected data. No system is completely secure. TourFlow is not liable for unauthorized access to user data that results from circumstances beyond its reasonable control.

7. Platform Use and Prohibited Conduct

You agree not to:

• upload Content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, or otherwise objectionable;

• upload Content that infringes any third party's intellectual property, privacy, or right of publicity;

• upload sexually explicit material, or content involving minors in any inappropriate context;

• attempt to gain unauthorized access to any part of the Platform, other users' accounts, or TourFlow's systems;

• interfere with, disrupt, or damage the Platform or its infrastructure;

• use bots, scrapers, crawlers, or other automated tools against the Platform without written authorization;

• impersonate any person or entity, or misrepresent your affiliation with one;

• circumvent or attempt to circumvent content filtering, access controls, or technical measures;

• use the Platform in violation of any law, regulation, or third-party agreement; or

• collect or harvest data from other users without their express consent.

TourFlow may remove Content and suspend or terminate any account that violates these prohibitions, at its sole discretion, without notice or liability.

8. Intellectual Property

8a. TourFlow IP

All technology, software, code, design, trademarks, service marks, logos, trade names (including "TourFlow" and "FlowState"), domain names, and other intellectual property owned by or licensed to TourFlow remain the exclusive property of TourFlow, LLC. Nothing in these Terms gives you any right, title, or interest in it beyond the limited right to use the Platform as described here.

8b. Feedback

If you send TourFlow feedback, suggestions, ideas, or other input about the Platform ("Feedback"), you assign all right, title, and interest in that Feedback to TourFlow. TourFlow may use it for any purpose without compensation or attribution.

8c. Copyright and DMCA

TourFlow respects the intellectual property rights of others and expects the same from its users. We have adopted a copyright policy under the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Our full Copyright and DMCA Policy sets out the notice and counter-notice procedures, the elements a valid notice must contain under 17 U.S.C. § 512(c)(3)(A), our repeat infringer policy, our Designated Agent's contact information, and the domains it covers. That policy is incorporated into these Terms by reference. Send notices and counter-notifications to the Designated Agent listed in Section 17.

9. Artist and Management User Obligations

In addition to every other obligation in these Terms, artist and management users agree to:

• confirm that Content they approve, download, or use has proper rights clearances, including consent from identifiable individuals shown in it;

• take full responsibility for confirming parental or guardian consent before using Content featuring a minor;

• keep dashboard credentials away from unauthorized third parties;

• use fan contact data only in compliance with applicable law, including the TCPA and the CAN-SPAM Act; and

• not resell, sublicense, or otherwise commercialize TourFlow's Platform or technology without TourFlow's prior written consent.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOURFLOW DISCLAIMS ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

• THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

• THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

• AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE PLATFORM; AND

• THAT DEFECTS WILL BE CORRECTED.

NO ORAL OR WRITTEN INFORMATION FROM TOURFLOW OR ITS REPRESENTATIVES CREATES ANY WARRANTY NOT STATED IN THESE TERMS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOURFLOW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

TOURFLOW'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TOURFLOW IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TOURFLOW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow these exclusions or limits. In those jurisdictions, liability is limited to the fullest extent the law allows.

12. Indemnification

You agree to defend, indemnify, and hold harmless TourFlow, LLC and its officers, directors, employees, agents, licensors, and successors from any claim, action, proceeding, damage, loss, liability, cost, or expense, including reasonable attorneys' fees, arising out of or related to:

• your use of the Platform or your violation of these Terms;

• Content you upload, including any claim that it infringes a third party's rights;

• your violation of any law, regulation, or third-party right; and

• any misrepresentation you make.

TourFlow may assume exclusive control of the defense of any matter you are indemnifying, at your expense, and you agree to cooperate fully with that defense.

13. Content Moderation and Platform Integrity

TourFlow is a content conduit and platform operator. We do not guarantee that we review all uploaded Content before it appears in an artist's dashboard. We reserve the right, without any obligation, to:

• review, monitor, or remove any Content at any time, for any reason, without notice;

• decline to process or transmit Content we believe violates these Terms or is otherwise objectionable; and

• cooperate with law enforcement in any investigation of unlawful activity involving Content uploaded to the Platform.

TourFlow is not liable for Content uploaded by users and does not endorse any Content or the views in it. Exercising these moderation rights, or choosing not to, creates no liability and waives no rights under these Terms.

14. Termination

14a. Termination by TourFlow

TourFlow may suspend or permanently terminate your access at any time, with or without cause, and with or without notice. Grounds include violation of these Terms; conduct harmful to TourFlow, other users, third parties, or the public; fraudulent, abusive, or illegal activity; and any operational or business reason at TourFlow's sole discretion.

14b. Effect of termination

On termination:

• your right to access and use the Platform ends immediately;

• TourFlow may delete your account data under our data retention policies; and

• every license you granted under Section 5 survives and stays in full force.

Sections 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 survive termination.

15. Dispute Resolution and Governing Law

15a. Governing law

These Terms and any dispute arising out of them or the Platform are governed by the laws of the State of Texas, or the State of Delaware upon TourFlow's conversion to a Delaware corporation, without regard to conflict of law principles.

15b. Informal resolution

Before starting any formal dispute process, contact TourFlow at legal@tourflow.net and try to resolve the dispute informally for at least thirty (30) days.

15c. Binding arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES, CONDUCTED IN AUSTIN, TEXAS. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S AWARD IS FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

15d. Injunctive relief

Despite the arbitration clause, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm pending arbitration.

16. General Provisions

16a. Entire agreement

These Terms, together with the Privacy Policy and the Copyright and DMCA Policy, each incorporated by reference, are the entire agreement between you and TourFlow about the Platform and supersede all prior agreements, representations, and understandings.

16b. Severability

If any provision is unlawful, void, or unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest stays in full force.

16c. No waiver

TourFlow's failure to enforce any right or provision is not a waiver of it.

16d. Assignment

TourFlow may assign or transfer these Terms, in whole or in part, to any affiliate, successor, or acquirer without notice. You may not assign or transfer your rights or obligations without TourFlow's prior written consent.

16e. Modifications

TourFlow may modify these Terms at any time. We will post the updated Terms with a revised "Last Updated" date. Continued use after the effective date of a modification is acceptance of the revised Terms. If you do not agree, stop using the Platform.

16f. Force majeure

TourFlow is not liable for failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, government action, labor disputes, or internet infrastructure failures.

17. Contact

General legal notices and questions

TourFlow, LLC. Email legal@tourflow.net.

DMCA Designated Agent

Notices and counter-notifications under Section 8c must go to:

Walter Bristol

TourFlow, LLC

275 Abbott Drive, Austin, TX 78737

Phone: (512) 662-0890

Email: wb@tourflow.us

This is the agent and contact information on file with the U.S. Copyright Office. See the full Copyright and DMCA Policy for the domains it covers.

©2026 TourFlow, LLC | All Rights Reserved

Dedicated to Dorian Zev Kweller & Caleb Petersen