Terms of Service

Welcome to Porchfest HQ.

These Terms of Service (“Terms”) govern your access to and use of Porchfest HQ, including our website, software, applications, tools, and related services (collectively, the “Service”).

The Service is provided by Darren Austin, a sole proprietor doing business as Porchfest HQ (“Porchfest HQ,” “we,” “us,” or “our”).

By creating an account, purchasing the Service, clicking to accept these Terms, or accessing or using the Service, you agree to these Terms.

If you use Porchfest HQ on behalf of an organization or event, you represent that you have authority to agree to these Terms on its behalf. In that case, “you” includes that organization.

If you do not agree to these Terms, do not use the Service.

1. What Porchfest HQ Does

Porchfest HQ provides software designed to help organizers plan and coordinate Porchfest and similar community music events.

Depending on the features available to you, Porchfest HQ may help you:

• manage performers, hosts, venues, and organizers;
• organize performer and host preferences and availability;
• match performers with hosts or performance locations;
• build and modify event schedules;
• identify potential scheduling and sound conflicts;
• use automated matching or scheduling tools;
• create event maps;
• generate schedules, maps, reports, and other event materials; and
• export information for use on your website, in printed materials, in mapping services, or elsewhere.

We may improve, modify, add, or remove features from time to time.

2. Porchfest HQ Is a Planning Tool — Not Your Event Organizer

Porchfest HQ helps event organizers do their work. We do not organize, operate, supervise, sponsor, insure, produce, or control your event.

You remain responsible for your event and for decisions involving matters such as:

• performer and host selection;
• scheduling;
• performance locations;
• sound levels and neighborhood impacts;
• equipment;
• permits and licenses;
• insurance;
• accessibility;
• safety and security;
• traffic and crowd management;
• alcohol;
• local rules and ordinances; and
• other aspects of operating your event.

Porchfest HQ may identify potential sound conflicts, scheduling conflicts, performer-host matches, or other planning considerations. These tools are intended to assist human organizers, not replace their judgment.

We cannot guarantee that Porchfest HQ will identify every conflict, error, incompatibility, unsafe condition, or other issue.

You are responsible for reviewing and approving your event schedule, matches, locations, maps, and other information before relying on or distributing them.

3. Our Connection to Porchfest Edmonds

Porchfest HQ was created based in part on experience gained while helping organize Porchfest Edmonds in Washington State.

The creator of Porchfest HQ is also a member of the Porchfest Edmonds organizing team.

Porchfest HQ is nevertheless an independent software service. Unless expressly stated otherwise, Porchfest Edmonds does not operate, endorse, sponsor, or have access to other organizations' Porchfest HQ accounts or data.

Information belonging to another Porchfest HQ customer will not be made available to Porchfest Edmonds simply because of the creator's involvement with that event.

4. Accounts and Authorized Users

You must provide accurate information when creating an account and keep that information reasonably current.

You are responsible for:

• protecting your account credentials;
• activity occurring through accounts under your control; and
• ensuring members of your organizing team use Porchfest HQ appropriately.

Where your plan allows multiple organizers, each organizer should use their own account or access credentials where that functionality is provided.

You may not share accounts or otherwise circumvent organizer, event, act, or other usage limits associated with your plan.

Please promptly notify us at help@porchfesthq.com if you believe an account has been accessed without authorization.

5. Your Event Data

“Customer Data” means information submitted to Porchfest HQ by or on behalf of you or your authorized users.

Customer Data may include:

• performer and band information;
• host and venue information;
• names and contact information;
• addresses and performance locations;
• availability;
• musical genres and performance characteristics;
• scheduling preferences;
• organizer notes;
• schedules;
• maps;
• photographs or logos; and
• other information associated with your event.

Your data belongs to you

You retain ownership of your Customer Data.

Using Porchfest HQ does not transfer ownership of your event information to us.

You give Porchfest HQ a limited, non-exclusive, worldwide license to host, copy, process, transmit, organize, analyze, and display Customer Data only as reasonably necessary to provide, maintain, secure, support, and improve the Service and as otherwise described in our Privacy Policy.

6. Information About Performers, Hosts, and Other People

You may provide Porchfest HQ with information about performers, hosts, volunteers, venue contacts, or other people who do not themselves have Porchfest HQ accounts.

You represent that you have the authority to collect and provide that information and to use it for your event-planning purposes.

You are responsible for complying with laws applicable to your collection and use of that information, including obtaining consent when required.

You should collect and enter only information reasonably necessary to plan and operate your event.

Do not use Porchfest HQ to store highly sensitive personal information such as Social Security or Social Insurance numbers, financial account information, medical records, government identification numbers, passwords, or other information that the Service is not designed to handle.

7. Porchfest HQ Does Not Publish Your Event Information

Porchfest HQ is an event-planning workspace.

We do not independently publish your performer, host, venue, address, contact, or event-planning information to the general public.

Porchfest HQ may create schedules, maps, reports, files, or other artifacts that you can download, export, embed, or otherwise use outside the Service.

You decide whether, where, and how those materials are published.

Before publishing or distributing an artifact generated by Porchfest HQ, you are responsible for reviewing its contents and determining whether the information is appropriate to make public.

This is particularly important for:

• residential addresses;
• personal email addresses;
• telephone numbers;
• organizer notes; and
• other information that may not have been intended for a public audience.

Once you publish or distribute information outside Porchfest HQ, its further use is outside our control.

8. Output and Event Materials

Subject to these Terms, you may use, reproduce, modify, print, publish, distribute, and share schedules, maps, reports, and other materials generated by Porchfest HQ for your event.

You remain responsible for any Customer Data or third-party material contained in those outputs.

Porchfest HQ retains ownership of the underlying software, algorithms, templates, technology, and functionality used to produce them.

9. Porchfest HQ Intellectual Property

Porchfest HQ and its licensors own the Service, including its:

• software;
• design;
• functionality;
• algorithms;
• workflows;
• matching and scheduling systems;
• documentation;
• graphics;
• trademarks; and
• other technology and intellectual property.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Service for your organization's event-planning activities.

You may not:

• copy or create a competing service from Porchfest HQ software or functionality;
• reverse engineer, decompile, or attempt to discover its source code except where applicable law expressly permits it;
• resell or sublicense access to the Service without our permission;
• scrape or systematically extract information using unauthorized automated tools;
• circumvent account or usage limits;
• interfere with the security or operation of the Service; or
• use Porchfest HQ trademarks in a way that falsely suggests sponsorship or endorsement.

10. Feedback

We welcome suggestions.

If you give us feedback, ideas, or suggestions about Porchfest HQ, you give us permission to use them to improve the Service without compensation or obligation to you.

This does not give us ownership of your Customer Data.

11. Automated Matching and Scheduling

Some Porchfest HQ features may use algorithms, optimization techniques, artificial intelligence, or other automated systems to recommend:

• performer-host matches;
• schedules;
• locations;
• conflict resolutions; or
• other planning decisions.

These outputs are recommendations.

Automated systems can make mistakes, rely on incomplete information, and produce results that do not reflect local conditions or organizer judgment.

Porchfest organizers often know things about their neighborhoods, performers, hosts, and events that software cannot.

You are responsible for reviewing automated recommendations and making final decisions.

12. Acceptable Use

You may not use Porchfest HQ to:

• violate applicable law;
• infringe another person's rights;
• collect or use personal information without appropriate authority;
• upload unlawful, fraudulent, defamatory, infringing, or malicious material;
• harass or threaten another person;
• transmit malware or harmful code;
• attempt unauthorized access to accounts or systems;
• send spam or unlawful communications;
• materially interfere with another person's use of the Service; or
• use the Service for purposes unrelated to legitimate event planning in a manner that creates material risk to Porchfest HQ or others.

We may suspend access if we reasonably believe use of the Service violates these Terms, creates a security or legal risk, or could materially harm Porchfest HQ, its users, or another person.

13. Fees, Payments, and Taxes

Porchfest HQ is generally sold on a per-event basis.

Plans, prices, included features, organizer limits, event-size limits, and other applicable terms are described at the time of purchase.

Unless otherwise stated:

• prices are stated in the currency shown during checkout;
• applicable taxes may be added;
• payment is due when indicated during checkout; and
• a purchase is for the applicable event and is not an automatically renewing subscription.

If your event exceeds the limits of your purchased plan, you may be required to upgrade to an appropriate plan.

We may change prices for future purchases. A change in pricing will not retroactively change the price of an event plan you have already purchased.

Stripe Managed Payments

We currently use Stripe Managed Payments for eligible purchases.

For transactions processed through Stripe Managed Payments, Sold through Link, LLC, a Stripe affiliate, acts as the merchant of record and facilitates the transaction on behalf of Porchfest HQ. Porchfest HQ remains the seller and provider of the Service.

For transactions and jurisdictions covered by Stripe Managed Payments, Sold through Link may calculate, collect, report, and remit applicable sales tax, GST, VAT, or other indirect taxes as required by law.

Stripe and its affiliates may also provide transaction-level services such as payment processing, receipts, fraud prevention, dispute handling, refunds, and payment-related customer support.

Stripe Managed Payments does not make Stripe or Sold through Link responsible for providing Porchfest HQ itself. Questions or support requests concerning the Service, its functionality, your account, or your event should be directed to Porchfest HQ.

Stripe may decline, cancel, reverse, or refund a transaction in circumstances permitted by its terms, policies, or applicable law.

Your use of Stripe or Link functionality may also be subject to applicable Stripe or Link terms and privacy practices.

If we use another payment provider or payment arrangement for a particular transaction, the applicable payment information will be presented during checkout.

14. Cancellations and Refunds

Our refund and cancellation policy in effect when you purchase an event plan will apply to that purchase.

Our 14-day satisfaction guarantee

Try Porchfest HQ for 14 days. If it is not a good fit for your event, contact help@porchfesthq.com within 14 days of purchase and we will issue a full refund of your purchase, subject to the fraud and abuse protection below. Your request date determines whether you are within the guarantee period, even if we respond later.

Please include enough information to identify your purchase and tell us what did not work for you or what we could improve. We ask for this feedback to improve Porchfest HQ; providing feedback is not a condition of receiving an otherwise eligible refund.

You do not need to prove that you received no value from the Service. Ordinary use while evaluating Porchfest HQ, including creating schedules, maps, or exports, does not by itself disqualify you from the guarantee.

Fraud and abuse protection

We may decline a refund under our satisfaction guarantee where we reasonably determine, following human review, that the request involves fraud or deliberate abuse of the guarantee, such as repeated purchases and refunds intended to obtain continued use without paying. Using the Service extensively or deciding it is not a good fit is not, by itself, fraud or abuse.

Requests after 14 days

After 14 days, you may still contact us to request a refund. We consider these requests individually and may offer a refund at our discretion, including where product problems prevented the Service from meeting your needs.

We may consider relevant usage records, technical problems, and your explanation when reviewing discretionary requests or possible abuse. Usage records inform human review; they do not automatically determine whether a refund is approved or denied.

Stripe Managed Payments refunds

For purchases processed through Stripe Managed Payments, our policy remains subject to the applicable Stripe Managed Payments refund policy. Sold through Link may issue refunds within 60 days of purchase even where our policy is more restrictive. Where the policies conflict and ours is more restrictive, the Stripe Managed Payments refund policy controls. This does not extend our own satisfaction guarantee to 60 days or guarantee that every request within that period will be approved.

Refunds for these transactions are handled through Stripe Managed Payments. A full refund includes applicable sales tax paid on the refunded purchase. Payment-related refund assistance may also be available through Link. See the Sold through Link refund policy.

Nothing in these Terms limits refund, cancellation, or consumer rights that cannot legally be excluded, including rights that may apply beyond the periods above.

15. Third-Party Services

Porchfest HQ relies on third-party providers to operate portions of the Service.

These may include services for:

• hosting and infrastructure;
• payments and merchant-of-record services;
• analytics;
• email delivery;
• authentication;
• databases;
• mapping;
• error monitoring; and
• other technical functions.

We currently use services including Stripe, Google Analytics, and Mixpanel.

Third-party services may be governed by their own agreements and privacy policies.

We are responsible for choosing our service providers with reasonable care, but we do not control the operation of third-party services.

16. Analytics

We use analytics tools to understand how Porchfest HQ is used and to improve the product. We may also use relevant usage information to support human review of refund requests and suspected fraud or refund abuse, as described in Section 14 and our Privacy Policy.

Analytics are not intended to replace or expose your Customer Data.

You must not intentionally use Porchfest HQ in a way designed to cause sensitive personal information to be transmitted through analytics systems.

Our collection and use of analytics information is described in our Privacy Policy.

17. Availability

We work to keep Porchfest HQ reliable and available, but no internet-based service can guarantee uninterrupted operation.

The Service may occasionally be unavailable because of:

• maintenance;
• upgrades;
• software errors;
• infrastructure failures;
• internet disruptions;
• security incidents;
• third-party service interruptions; or
• circumstances beyond our reasonable control.

Unless we separately agree to a service-level agreement in writing, we do not guarantee a particular uptime percentage.

18. Beta and Experimental Features

We may occasionally make beta, preview, experimental, or early-access features available.

These features may:

• contain errors;
• change;
• produce unexpected results; or
• be discontinued.

Use them accordingly.

19. Privacy and Security

Our handling of personal information is described in our Privacy Policy.

We maintain reasonable administrative, technical, and organizational safeguards designed to protect information processed through Porchfest HQ.

However, no internet service or storage system can guarantee absolute security.

You are responsible for reasonable security practices within your own organization, including limiting Porchfest HQ access to appropriate organizers and protecting login credentials.

20. Suspension and Termination

You may stop using Porchfest HQ at any time.

We may suspend or terminate access if:

• you materially violate these Terms;
• required fees remain unpaid;
• your use creates a material security or legal risk;
• continued provision of the Service would violate applicable law; or
• we discontinue the Service.

Where reasonably practical, we will provide notice and an opportunity to correct a violation before terminating access unless immediate action is reasonably necessary to protect users, data, the Service, or another person.

21. Your Data After Access Ends

You should export information you wish to keep before your access to an event ends.

After expiration or termination, we may retain Customer Data for a limited period for purposes including:

• data recovery;
• legal compliance;
• accounting and business records;
• dispute resolution;
• fraud prevention;
• security; and
• backup systems.

We will delete or de-identify information when it is no longer reasonably necessary, subject to applicable law and legitimate retention requirements.

Additional information appears in our Privacy Policy.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORCHFEST HQ IS PROVIDED “AS IS” AND “AS AVAILABLE.”

PORCHFEST HQ DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT:

• THE SERVICE WILL ALWAYS BE AVAILABLE OR ERROR-FREE;
• ALL SOUND OR SCHEDULING CONFLICTS WILL BE IDENTIFIED;
• AUTOMATED RECOMMENDATIONS WILL BE ACCURATE OR APPROPRIATE;
• INFORMATION PROVIDED BY OTHER USERS IS ACCURATE; OR
• USE OF PORCHFEST HQ WILL RESULT IN A SUCCESSFUL, SAFE, LEGALLY COMPLIANT, OR TROUBLE-FREE EVENT.

Nothing in these Terms excludes warranties or statutory rights that cannot lawfully be excluded.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORCHFEST HQ, ITS PROPRIETOR, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORCHFEST HQ'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO AN EVENT OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID FOR THE PORCHFEST HQ EVENT PLAN GIVING RISE TO THE CLAIM; OR
2. US $100.

These limitations apply regardless of the legal theory asserted and even if Porchfest HQ has been advised that damages were possible.

Nothing in this section limits liability that cannot legally be limited or excluded under applicable law.

24. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Darren Austin, doing business as Porchfest HQ, and Porchfest HQ's employees, contractors, and agents from third-party claims, liabilities, damages, judgments, costs, and reasonable legal fees arising from or relating to:

• your event or its operation;
• Customer Data provided by or on behalf of you;
• your publication or distribution of information or materials generated through Porchfest HQ;
• your collection or use of performer, host, venue, volunteer, or other personal information;
• your violation of another person's rights;
• your violation of applicable law;
• your material violation of these Terms; or
• your negligence or willful misconduct.

We will provide reasonable notice of a covered claim and reasonable cooperation in its defense.

25. United States and Canadian Customers

Porchfest HQ is operated from the United States and is available to customers in the United States and Canada.

You are responsible for laws applicable to the operation of your own event and your organization's collection and publication of event information.

Nothing in these Terms waives consumer, privacy, or other statutory protections that cannot legally be waived in your jurisdiction.

26. Governing Law and Disputes

These Terms are governed by the laws of the State of Washington, USA, without regard to conflict-of-law rules, except to the extent applicable law in your jurisdiction provides rights that cannot contractually be waived.

Before filing a legal action concerning these Terms, each party agrees to make a good-faith effort to resolve the dispute informally for at least 30 days after written notice of the dispute.

Subject to non-waivable applicable law, legal actions arising from these Terms or the Service will be brought in the state or federal courts located in Snohomish County, Washington, and each party consents to their jurisdiction.

Either party may seek appropriate injunctive or equitable relief where necessary.

27. Changes to These Terms

We may update these Terms as Porchfest HQ evolves.

If we make material changes, we will provide reasonable notice through the Service, by email, or by another appropriate method.

Updated Terms will apply prospectively from their stated effective date.

Where applicable law requires additional consent, we will obtain it.

28. General Terms

These Terms, together with any order, plan description, refund policy, or other terms expressly incorporated into them, constitute the agreement between you and Porchfest HQ concerning the Service.

If any provision is unenforceable, the remaining provisions remain effective.

Failure to enforce a provision does not waive the right to enforce it later.

You may not assign these Terms without our consent except as part of a permitted transfer of your organization or substantially all of its assets.

We may assign or transfer these Terms, including Customer relationships associated with the Service, to a business entity formed to own or operate Porchfest HQ, or as part of a merger, acquisition, reorganization, or sale of the Porchfest HQ business or substantially all of its assets, subject to applicable law.

Neither party is responsible for delay or failure caused by circumstances beyond its reasonable control, except for payment obligations.

29. Contact Us

Questions about these Terms may be sent to: