Terms of Service
These Terms of Service govern your access to and use of the ANKYR platform. Please read them carefully before using ANKYR.
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1. Acceptance and Eligibility
1.1 Acceptance
You accept these Terms by (a) clicking “I agree,” “Sign up,” “Subscribe,” or any similar button or check-box; (b) creating an Account; or (c) accessing or using the Platform in any manner. Each act constitutes your electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act, and binds you to these Terms.
1.2 Eligibility
You represent and warrant that you (a) are at least eighteen (18) years of age; (b) have the legal capacity to enter into and perform binding contracts; (c) are not a person barred from receiving the Platform under the laws of the United States or any other applicable jurisdiction; and (d) are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions.
1.3 Authority to Bind an Organization or Represented Party
If you access or use the Platform on behalf of any company, partnership, agency, management firm, venue, promoter, label, association, or other entity (each, an “Organization”), you represent and warrant that you have full power and authority to bind that Organization to these Terms, and that you and the Organization are jointly and severally bound by these Terms.
If you submit a Hold Request, Confirmed Hold acceptance, Formal Offer, Formal Offer Acceptance, or any similar binding action through the Platform on behalf of an artist, venue, or other principal who is not themselves a User (a “Represented Party”), you represent and warrant that you have actual authority to bind the Represented Party to the action being taken.
1.4 Geographic Restrictions; Export Control
The Platform is offered from the United States. You are responsible for compliance with all local laws. You shall not access, use, export, re-export, or transfer the Platform in violation of U.S. export control laws, the Foreign Corrupt Practices Act, the U.K. Bribery Act, or any sanctions administered by the U.S. Office of Foreign Assets Control or comparable authorities.
1.5 Right to Verify
ANKYR may, in its sole discretion and at any time, verify, request additional information regarding, or independently confirm any representation, identity, license, authority, or eligibility you assert in connection with your Account, including by requiring identity verification through ANKYR’s in-platform verification process or a third-party processor we designate. ANKYR may suspend or terminate your access pending the outcome of any such verification.
2. Definitions
Capitalized terms have the meanings set forth below. Other capitalized terms are defined where they first appear.
3. Account Types and Tier Structure
3.1 Account Types
The Platform offers distinct Account types tailored to artists, venues, agents, managers, promoters, and other industry roles. Each Account type is subject to role-specific functionality, permissions, and obligations. You shall accurately identify your role, and you shall not access or use functionality outside the scope of your selected Account type.
3.2 Subscription Tiers
ANKYR offers paid Subscriptions in tiers currently designated Gold, Platinum, and Diamond. Tier features, including but not limited to access to Touree AI, expanded BILDR functionality, enhanced reporting, and priority support, are described on the Platform. ANKYR reserves the right to add, remove, rename, restructure, re-price, re-bundle, or otherwise modify any Subscription tier.
3.3 NIVA Free-Year Partnership Benefit
Member venues of the National Independent Venue Association (“NIVA”) may be eligible to receive one (1) year of complimentary access to a designated tier as part of ANKYR’s partnership with NIVA. The free-year benefit is conditional, non-transferable, non-redeemable for cash, and subject to verification of NIVA membership in good standing.
3.4 Trials and Promotional Offers
ANKYR may from time to time offer trial or promotional access. Unless otherwise expressly stated, any trial or promotion will, at the conclusion of the trial or promotional period, automatically convert to a paid Subscription billed at the then-current rate, unless and until you cancel.
4. User Representations and Warranties
You represent, warrant, and covenant on a continuing basis that:
- You have all necessary right, power, authority, license, consent, and authorization to use the Platform, to grant the rights and licenses granted in these Terms, and, where applicable, to act on behalf of any Organization or Represented Party you purport to represent.
- All information you provide to ANKYR is true, accurate, current, and complete, and you will promptly update such information.
- Your use of the Platform, your User Content, and your performance of any Booking complies with all applicable federal, state, local, and foreign laws and regulations.
- Your User Content does not infringe, misappropriate, or otherwise violate any patent, copyright, trademark, trade secret, right of publicity, right of privacy, moral right, contractual right, or any other right of any third party.
- You will not rely on any representation made by another User on the Platform without conducting your own diligence, and you acknowledge that ANKYR does not verify, endorse, or guarantee the credentials, claims, identity, capacity, or representations of any User.
5. User Content License
5.1 Ownership of User Content
As between you and ANKYR, you retain all ownership rights you have in your User Content, subject to the limited licenses granted below.
5.2 License Grant to ANKYR
You grant to ANKYR a worldwide, royalty-free, non-exclusive license to host, store, cache, copy, reproduce, index, transmit, publicly display, and create technical derivative works of your User Content, solely as reasonably necessary for ANKYR to operate, provide, maintain, support, and secure the Platform. This license terminates with respect to a given item of User Content when you delete it from the Platform, except as provided in Section 5.6.
5.3 AI Training Carve-Out for Musical Works Content
ANKYR shall not, and shall not permit any successor, assign, affiliate, sublicensee, or third-party model provider to, use Musical Works Content to train, fine-tune, evaluate, validate, benchmark, or otherwise develop any artificial intelligence or machine learning model. This prohibition survives termination of these Terms in perpetuity.
5.4 AI Training License for Other User Content
Subject to Section 5.3, you grant ANKYR a non-exclusive, royalty-free license to use User Content other than Musical Works Content and Inbox Content to train, fine-tune, evaluate, and improve ANKYR’s AI and machine learning models (including Touree AI), provided that ANKYR shall use commercially reasonable efforts to de-identify such User Content before incorporation into training datasets.
5.5 Feedback
If you submit suggestions, ideas, or other feedback, you grant ANKYR a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use the Feedback for any purpose, without attribution or compensation.
5.6 Residual Copies
ANKYR may retain back-end, archived, cached, log, and de-identified copies of User Content for periods reasonably required by its retention schedule, applicable law, security and audit obligations, and dispute-resolution needs.
6. Platform Data Rights
6.1 Ownership of Platform Data
ANKYR is and will be the exclusive owner of all right, title, and interest in and to all Platform Data, Aggregated Data, and De-Identified Data. You hereby assign to ANKYR any right, title, or interest you might otherwise have in such data.
6.2 Permitted ANKYR Uses of Platform Data
ANKYR may use Platform Data only for:
- Operating, providing, maintaining, securing, supporting, and improving the Platform;
- Training, fine-tuning, and improving AI models owned by ANKYR (subject to Section 5.3);
- Creating and publishing industry benchmarks and analytics using only Aggregated or De-Identified Data;
- Enforcing these Terms, investigating fraud, and complying with law; and
- Any other purpose to which you separately and affirmatively consent.
ANKYR shall not sell, license, or provide Platform Data to any data broker, advertiser, or ad-tech intermediary for cross-context behavioral advertising or third-party marketing.
6.3 Bona Fide M&A Transaction Carve-Out
ANKYR may transfer Platform Data to a successor entity solely in connection with a bona fide merger, acquisition, or similar corporate transaction, conditioned on the successor agreeing to be bound by all material User-protective provisions of these Terms.
7. Privacy and Data Protection
ANKYR’s collection, use, and disclosure of personal information are described in the ANKYR Privacy Policy, which is incorporated by reference.
7.2 California Residents (CCPA/CPRA)
For California residents, the Privacy Policy describes the categories of personal information ANKYR collects, the purposes for which it is used, and your rights to know, delete, correct, and opt out of sale or sharing.
7.3 EU/UK Users
The Platform is directed primarily at U.S. users. Where ANKYR knowingly processes personal data subject to the EU or UK GDPR, ANKYR will process such data in accordance with the Privacy Policy.
7.5 Third-Party Processors
The Platform integrates third-party services, including Stripe (payments), Supabase (database and authentication), Resend (email), Anthropic (AI models), Mapbox and CARTO/OpenStreetMap (maps), and Google (venue data, optional calendar sync). The complete list, with each provider’s purpose and the data it receives, is maintained in the Privacy Policy. Your use of those services is governed by their own terms.
7A. Confidentiality of Inbox and Communications
7A.1 Confidential Treatment
ANKYR treats Inbox Content as confidential. ANKYR shall not access, read, review, scan, analyze, or use the substantive content of your Inbox communications, except as expressly permitted by Sections 7A.2 through 7A.4.
7A.2 Permitted Access for Operations and Safety
ANKYR may access Inbox Content only to: (a) deliver messages; (b) detect fraud, abuse, or violations; (c) respond to valid legal process; (d) respond to credible threats to life or safety; (e) provide technical support you have requested; or (f) comply with your written request.
7A.4 AI Features Inside the Inbox — Opt-In Only
ANKYR will not use Inbox Content to power AI features unless you have affirmatively opted in through a clear, granular, and revocable consent mechanism. You may revoke any opt-in at any time.
7A.5 No Disclosure to Third Parties
ANKYR shall not disclose Inbox Content to any third party except (a) to sub-processors bound by confidentiality obligations; (b) as required by legal process; or (c) with your prior written consent.
8. Payment Terms; Stripe Connect
8.1 Subscription Fees; Auto-Renewal
Subscription fees are billed in advance on a recurring basis. By subscribing, you authorize ANKYR to charge your payment method on each renewal date until you cancel. Cancellation takes effect at the end of the then-current billing period. Except where required by law, all fees are non-refundable.
8.3 Booking Transaction Fees
ANKYR may charge transaction or processing fees in connection with Bookings and Settlements at rates posted on the Platform. ANKYR may modify rates with at least thirty (30) days’ prior notice.
8.4 Stripe Connect
Money movement on the Platform is processed by Stripe, Inc. By using payment functionality, you agree to be bound by Stripe’s Connected Account Agreement and Stripe Services Agreement. ANKYR is not a bank, money transmitter, or fiduciary.
8.6 Taxes
You are solely responsible for determining, collecting, withholding, reporting, and remitting all taxes arising out of your use of the Platform and your Bookings.
8A. Platform Role; No Agency or Procurement of Employment
8A.1 Information Provider and Networking Facilitator
ANKYR operates the Platform as an information provider and networking facilitator. ANKYR is not a talent agency, personal manager, booking agent, or any other entity that represents, advises, or acts on behalf of Users in the procurement, negotiation, or securing of employment, engagements, or Bookings.
8A.2 No Procurement or Booking Decisions
ANKYR does not procure, negotiate, or make booking decisions on behalf of any User. All decisions regarding venue selection, contract terms, fee structures, and other financial arrangements in connection with any Booking are made solely and independently by the Users involved. The Platform provides tools through which Users may communicate, propose, and document their own arrangements; ANKYR does not participate in, direct, or control the substance of those arrangements.
8A.3 Fees Not Consideration for Procurement
Fees charged under Section 8 (Payment Terms; Stripe Connect), including Subscription fees, transaction fees, and processing fees, are consideration for platform access, technology infrastructure, payment processing, and Settlement services. Such fees are not consideration for procuring employment, engagements, or Bookings on behalf of any User.
8A.4 No Agency Authority
ANKYR does not act as an agent for, and has no authority to bind, any User in connection with a Booking or any other transaction between Users, except to the extent a User separately and expressly authorizes ANKYR to perform a specific administrative or technical function as described in these Terms. Any authority a User may have to bind an Organization or Represented Party is governed solely by Section 1.3 (Authority to Bind an Organization or Represented Party) and arises from the User’s own representations, not from any agency relationship with ANKYR.
9. Bookings, Holds, Formal Offers, and Contracts
9.1 Platform-Only Role
ANKYR provides technology infrastructure. ANKYR is not a talent agent, manager, promoter, booking agent, employer, fiduciary, escrow agent, broker, or party to any Booking or transaction between Users.
9.2 Hold System; Confirmed Holds
An artist may submit a Hold Request to a venue through the Platform’s Hold System. A Hold Request is a non-binding proposal.
When a venue accepts a Hold Request (a “Confirmed Hold”), the venue contractually commits to the requesting artist that, until released, expired, or superseded, the venue will not hold the same date at the same or higher priority for another artist, and will not enter into a binding Booking without following the Challenge process.
Expiration: Each Confirmed Hold expires 60 days after confirmation (or at a venue-specified date). Holds may not remain in force beyond the performance date.
Challenge Process: A holder below 1st priority may initiate a Challenge. The higher-priority holder has 48 hours to either confirm a Booking or release the Hold. Failure to respond results in automatic release.
9.4 Hold Strikes; Account Consequences
Conduct constituting a Hold Strike includes:
- Out-of-Process Release of a Confirmed Hold
- Double-Booking in violation of a higher-priority Confirmed Hold
- Failure to Respond to Challenge (where unintended)
- Off-Platform Booking in breach of a 1st-priority Confirmed Hold
- Phantom Hold Pattern within any rolling 90-day period
Escalation (rolling 24-month basis):
- Written notice and educational outreach
- Written warning and required acknowledgment
- Temporary restriction (up to 30 days) on granting new Confirmed Holds
- Account suspension for up to 90 days
- Account termination
9.5 Formal Offers
A “Formal Offer” is an offer sent through the Platform’s designated Formal Offer surface that specifies all Material Terms (artist, venue, date, deal type, fee structure, expiration) and follows the Platform’s pre-send confirmation flow.
Once sent, a Formal Offer is binding on the sender and is irrevocable until expiration, rejection, or Counter-Offer.
Upon valid Formal Offer Acceptance, the sender and recipient enter into a binding contract on the Material Terms. ANKYR is not a party to any such contract.
Counter-Offers constitute rejection of the original offer and create a new Formal Offer. Casual communications through Inbox or chat are never Formal Offers regardless of wording (Section 9.6).
9.7 BILDR Routing
BILDR provides suggested tour routings based on inputs and assumptions. Routings are illustrative and do not account for every variable. You are solely responsible for evaluating any routing.
10. AI Features
The Platform incorporates AI and machine learning features, including Touree AI and AI-assisted contract generation. AI Features generate predictions, suggestions, and probabilistic outputs that may be inaccurate, incomplete, biased, or out of date.
10.2 No Professional Advice
AI Features do not provide legal, tax, accounting, financial, immigration, medical, or other professional advice. You shall not rely on AI Features as a substitute for the judgment of a qualified professional.
10.3 Human Review
You are solely responsible for reviewing, validating, and deciding whether to act upon any AI Feature output.
10.5 Modifications
ANKYR may modify, restrict, suspend, deprecate, or remove any AI Feature at any time, with or without notice.
11. Acceptable Use
You shall not, and shall not permit any third party to:
- Use the Platform in violation of any applicable law or third-party right
- Misrepresent your identity, affiliation, role, or authority
- Submit false, misleading, or fraudulent content, Holds, Formal Offers, or feedback
- Engage in fraud, money laundering, or sanctions evasion
- Harass, threaten, defame, stalk, or otherwise harm any User
- Upload or distribute malware, viruses, or other malicious code
- Attempt to gain unauthorized access to the Platform or any Account
- Reverse engineer, decompile, or disassemble the Platform
- Scrape, crawl, or harvest data from the Platform
- Use the Platform to train any third-party AI model
- Circumvent any security, rate-limit, authentication, or fee feature
- Resell, sublicense, or commercially redistribute the Platform
11.2 Anti-Circumvention
You shall not use the Platform to identify a counterparty and then transact off-Platform to avoid ANKYR’s fees for a period of twelve (12) months after the first Platform-facilitated connection.
Pre-Existing Relationship Carve-Out: This restriction does not apply to counterparties with whom you had a documented pre-existing relationship predating the first Platform-facilitated connection.
12. Intellectual Property
12.1 ANKYR IP
ANKYR and its licensors own all right, title, and interest in and to the Platform, including all software, models, designs, UI, trade dress, documentation, the ANKYR brand, and all derivative works. All rights not expressly granted to you are reserved.
12.2 License to Users
Subject to compliance with these Terms, ANKYR grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for your internal business purposes.
12.3 DMCA Notice
To submit a copyright takedown notice, contact ANKYR’s designated agent at legal@ankyr.xyz. ANKYR may terminate Accounts of repeat infringers.
13. Third-Party Services
The Platform integrates with third-party services, including Supabase, Vercel, Stripe, Anthropic, Resend, Sentry, Upstash, Google (Places, Fonts), Google Calendar, Mapbox, CARTO / OpenStreetMap, Have I Been Pwned, Spotify and social platforms, and industry partners such as NIVA. ANKYR does not control and is not responsible for any third-party service. Your use of any third-party service is subject to that provider’s own terms and policies.
14. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ANKYR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
THE ANKYR PARTIES MAKE NO REPRESENTATION OR WARRANTY AS TO THE IDENTITY, CREDENTIALS, AUTHORITY, RELIABILITY, OR PERFORMANCE OF ANY USER; THAT ANY BOOKING WILL RESULT IN A SUCCESSFUL OUTCOME; OR AS TO THE ACCURACY OF ANY AI FEATURE OUTPUT, BILDR ROUTING, OR GENERATED CONTRACT.
15. Limitation of Liability
15.1 Consequential Damages Waiver
IN NO EVENT WILL ANY ANKYR PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Standard Liability Cap
TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE GREATER OF (A) TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) ONE THOUSAND U.S. DOLLARS (US $1,000).
15.3 Carve-Outs
An Elevated Cap of the greater of (a) fees paid in 24 months or (b) $10,000 applies to: breach of Section 5.3 (Musical Works), Section 7A (Inbox), Section 6.2/6.3 (data restrictions), Section 16.2 (IP indemnification), and gross negligence or willful misconduct.
16. Indemnification
16.1 Indemnification by You
You shall defend, indemnify, and hold harmless the ANKYR Parties from and against any third-party claims arising from your use of the Platform, your User Content, breach of these Terms, violation of law, any Booking or transaction, and any claim of unauthorized representation.
16.2 Reciprocal IP Indemnification by ANKYR for AI Outputs
ANKYR shall defend and indemnify you from third-party claims alleging that an AI Output (generated by Touree AI, BILDR, or Contract Generation) infringes or misappropriates U.S. copyright, trademark, or trade secret rights, subject to conditions and exclusions detailed in Section 16.2(a)–(d).
17. Term, Suspension, and Termination
17.1 Term
These Terms apply from your first access and continue until terminated.
17.2 Termination by ANKYR
ANKYR may suspend, restrict, or terminate access at any time. ANKYR will provide at least 30 days’ prior notice for termination for convenience. ANKYR may terminate immediately for fraud, abuse, security threats, regulatory requirements, non-payment (15-day cure period), or accumulated strikes.
17.3 Termination by You
You may terminate by canceling all Subscriptions and ceasing use. Termination does not relieve you of User-to-User contractual obligations under existing Confirmed Holds or Formal Offer Acceptances.
17.5 Survival
Sections 2, 5 (including 5.3 in perpetuity), 6, 7, 7A (in perpetuity), 8.5–8.7, 9.1, 9.4, 9.5(c)–(k), 9.6, 11.2, 12, 14, 15, 16, 17.4, 17.5, 18, 19, 20, 21, 22, 23, and 24 survive termination.
18. Modifications to the Platform and to These Terms
18.1 Platform Changes
ANKYR may add, remove, modify, suspend, deprecate, or replace any feature or component, provided that ANKYR will not circumvent User-protective provisions of Sections 5.3, 6.2, 6.3, 7A, 9.2, 9.4, 9.5, 11.2(b), 15.3, or 16.2.
18.2 Updates to Terms
ANKYR may update these Terms from time to time. For material adverse changes, ANKYR will provide at least 30 days’ advance notice. You may terminate before the effective date if you do not agree. Continued use after the effective date constitutes acceptance.
19. Dispute Resolution; Binding Arbitration; Class Waiver
19.1 Pre-Dispute Notice
Before initiating arbitration, send a written notice to legal@ankyr.xyz and ANKYR LLC, Attn: Legal, 30 N Gould St, Ste R, Sheridan, WY 82801. The parties shall attempt informal resolution for at least sixty (60) days.
19.2 Binding Arbitration
ALL DISPUTES SHALL BE FINALLY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY JAMS, BEFORE A SINGLE ARBITRATOR, SEATED IN WILMINGTON, DELAWARE (OR BY VIDEOCONFERENCE). THE FEDERAL ARBITRATION ACT GOVERNS.
19.3 Class Action Waiver; Jury Waiver
YOU AND ANKYR EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU EACH WAIVE THE RIGHT TO TRIAL BY JURY.
19.5 Limitations Period
Any claim against any ANKYR Party must be filed within one (1) year after the cause of action accrues, except where a longer period is required by applicable law that cannot be waived.
20. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.
21–24. Assignment, Force Majeure, Notices & Miscellaneous
21. Assignment
ANKYR may assign these Terms in connection with an M&A transaction or to affiliates. You shall not assign without ANKYR’s prior written consent.
22. Force Majeure
No ANKYR Party will be liable for delay or failure caused by conditions beyond its reasonable control (acts of God, pandemic, cyberattack, government action, etc.). Force majeure may toll Hold and Formal Offer expiration periods.
23. Notices
Notices to ANKYR: legal@ankyr.xyz and ANKYR LLC, Attn: Legal, 30 N Gould St, Ste R, Sheridan, WY 82801. Notices to you may be sent to your Account email or by in-Platform notice.
24. Miscellaneous
- Entire Agreement: These Terms, the Privacy Policy, and any incorporated policies constitute the entire agreement.
- Severability: If any provision is held invalid, the remainder remains in effect.
- No Waiver: No failure or delay operates as a waiver. Waivers must be in writing.
- No Third-Party Beneficiaries: Except ANKYR Parties, successors, and Users enforcing Section 9 obligations.
- Independent Contractors: Nothing creates a partnership, agency, or employment relationship.
- Electronic Records: You consent to electronic records and signatures.
Contact
Questions about these Terms may be sent to legal@ankyr.xyz.
ANKYR LLC
30 N Gould St, Ste R
Sheridan, WY 82801
United States