ITM Studio, Inc. Terms of Use
Last Updated: May 22, 2026
1. Acceptance of Terms
By accessing or using the websites, mobile applications, and other online services (collectively, the "Services") operated by ITM Studio, Inc., a Delaware corporation ("ITM," "Company," "we," "us," or "our"), you ("you" or "user") agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
These Terms constitute a legally binding agreement between you and ITM. If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.
2. User Accounts
2.1 Eligibility
The Services are not intended for users under the age of thirteen (13). By creating an account or using the Services, you represent and warrant that: (a) you are at least thirteen (13) years of age; (b) you have not been previously suspended or removed from the Services; (c) your registration and use of the Services complies with all applicable laws and regulations; and (d) all information you provide to us is accurate, current, and complete, and you will maintain the accuracy of such information.
2.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) immediately notify ITM of any unauthorized use of your account or any other breach of security; and (b) ensure that you exit from your account at the end of each session when accessing the Services from a shared device. ITM will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.
2.3 Social Media Account Verification
The Services may permit you to verify ownership of third-party social media accounts (including Spotify, Instagram, X, and TikTok) using zero-knowledge proof technology provided by Opacity Network ("zkTLS Verification"). By electing to verify an account, you: (a) authorize ITM to verify your ownership of such account; (b) consent to ITM accessing and storing your follower and following lists from such account; and (c) acknowledge that you may revoke such authorization at any time through your account settings. You represent that you have the right to grant the authorizations set forth in this Section 2.3.
3. Location-Based Services
3.1 Consent to Location Services
Certain features of the Services utilize your device's location capabilities ("Location Services"). Location Services are opt-in only and include: (a) geofenced notifications for location-triggered content, discounts, and offers ("Location-Based Echoes"); (b) automatic event attendance verification; and (c) proximity-based discovery features. BY ENABLING LOCATION SERVICES, YOU EXPRESSLY CONSENT TO ITM'S COLLECTION, USE, AND SHARING OF YOUR LOCATION DATA AS DESCRIBED IN OUR PRIVACY POLICY.
3.2 Location Permission Settings
You may grant location permissions at the following levels: (a) "While Using App" - location data is collected only while the Services are active in the foreground; or (b) "Always Allow" - location data is collected while the Services are running in the foreground or background, subject to your device's operating system limitations. You may modify or revoke location permissions at any time through your device settings.
3.3 Geofencing Limitations
Geofencing features are subject to the following limitations: (a) notifications are limited to one (1) per geofenced area per hour; (b) brands may only establish geofences for locations they own, operate, or have explicit permission to use; (c) location accuracy is approximately one (1) meter but may vary based on device capabilities and environmental conditions; and (d) ITM makes no warranty regarding the accuracy or availability of Location Services.
4. Brand Accounts
4.1 Brand Authorization
Only authorized brands ("Authorized Brands") may create brand accounts. ITM reserves the right to approve or deny brand account applications in its sole discretion. By creating a brand account, you represent and warrant that you have authority to act on behalf of the brand entity.
4.2 Brand Features
Authorized Brands may: (a) publish events ("Moments"); (b) distribute content ("Echoes"); (c) establish geofenced areas in accordance with Section 3.3; (d) offer tickets and merchandise for sale; and (e) access analytics regarding their followers and event attendees.
4.3 Administrator Accounts
Authorized Brands may designate administrators ("Admins") and agents ("Agents") to manage their brand accounts. The Authorized Brand is fully responsible for all actions taken by its Admins and Agents and agrees to ensure their compliance with these Terms.
4.4 Data Use Restrictions
Authorized Brands agree that they will not: (a) use attendee or fan data for unauthorized marketing or spam; (b) sell, rent, or otherwise transfer user data to third parties except as expressly permitted in writing by ITM; (c) violate user privacy settings or preferences; (d) establish geofences for locations not owned or operated by the brand; or (e) use data in violation of applicable data protection laws. Violation of this Section 4.4 may result in immediate termination of brand account privileges.
4.5 Limited Data Access
Authorized Brands may only access: (a) data regarding users who enter their designated geofenced areas with Location Services enabled; and (b) aggregated analytics regarding their events and followers. Brands have no right to access user location data outside their designated geofenced areas or to individual user data except as expressly provided by ITM.
4.6 Brand Communications and Messaging Compliance
Authorized Brands are solely responsible for all electronic communications they send to users, including without limitation text messages (SMS/MMS), emails, and push notifications, whether transactional or promotional, sent through or in connection with the Services. Each Authorized Brand represents, warrants, and covenants that it will: (a) obtain and maintain all consents required by applicable law for such communications, including prior express written consent where required under the Telephone Consumer Protection Act ("TCPA"); (b) promptly honor all opt-out requests; (c) comply with the CAN-SPAM Act, the TCPA, CTIA Messaging Principles and Best Practices, applicable wireless carrier requirements (including 10DLC registration and toll-free verification), and all other applicable laws, rules, and industry guidelines; and (d) not use the Services to send unsolicited, unlawful, or deceptive communications. Each Authorized Brand agrees to defend, indemnify, and hold harmless ITM and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to the brand's electronic communications, including without limitation any claim under the TCPA, the CAN-SPAM Act, or any analogous federal, state, or international law.
5. Payment Terms
5.1 Transactions
Authorized Brands may offer tickets and merchandise for sale through the Services. All prices are displayed in the local currency of the event location. Transactions are processed by third-party payment service providers, and you agree to be bound by such providers' terms of service.
5.2 Authorization
By initiating a transaction, you: (a) authorize the charge to your designated payment method; (b) agree to the selling brand's refund, return, and cancellation policies; and (c) acknowledge that ITM acts solely as a facilitator and is not responsible for fulfillment of merchandise or event admission.
5.3 Disputes
Refund and return policies are established by individual Authorized Brands. Users must attempt to resolve disputes directly with the applicable brand before initiating chargebacks. Initiating a chargeback without first attempting resolution may result in suspension of your account.
6. SMS and Text Message Communications
6.1 Consent to Receive Messages
By providing your mobile telephone number during account registration, checkout, or otherwise through the Services, you expressly consent to receive text messages (SMS and MMS) from ITM and from Authorized Brands that you have elected to follow, subscribe to, or transact with through the Services ("Text Messages"). Consent to receive Text Messages is NOT a condition of purchase, except where a particular message is necessary to deliver Services you have requested (such as an account verification code, order confirmation, ticket delivery, or other transactional notice).
6.2 Types of Messages
(a) ITM Messages. ITM sends only transactional and operational Text Messages, such as account verification codes, transaction receipts, ticket delivery, check-in confirmations, security alerts, and customer service responses. ITM does not send promotional or marketing Text Messages. (b) Brand Messages. Authorized Brands that you have elected to follow, subscribe to, or transact with may send additional Text Messages, including: (i) transactional and operational messages from the brand relating to your purchases, tickets, reservations, check-ins, or other transactions facilitated through the Services with that brand; and (ii) marketing and promotional messages from the brand, such as event reminders, content drops, offers, and other communications. Each Authorized Brand is solely responsible for the content of, and for compliance with all applicable laws and industry guidelines regarding, its own Text Messages. Your consent provided at checkout or sign-up applies separately to each Authorized Brand from which you have elected to receive Text Messages.
6.3 Message Frequency
Message frequency varies based on your account activity, the Authorized Brands you follow, and the events or transactions in which you participate.
6.4 Message and Data Rates
Message and data rates may apply. You are solely responsible for all charges imposed by your wireless carrier. ITM is not liable for delayed or undelivered messages.
6.5 Opt-Out and Help
You may opt out of Text Messages at any time by replying STOP to any Text Message you receive. After replying STOP, you will receive one final confirmation message and no further Text Messages will be sent from the applicable sender. Replying STOP to a message from an Authorized Brand opts you out of Text Messages from that brand only and does not affect your consent to receive Text Messages from ITM or from other Authorized Brands. For assistance, reply HELP to any Text Message or contact ITM at support@itm.studio.
6.6 Eligibility and Carriers
Text Message services are available to users in the United States on participating wireless carriers. Wireless carriers are not liable for delayed or undelivered messages.
6.7 Customer Care
For questions or support regarding Text Messages, contact ITM at support@itm.studio.
7. Intellectual Property Rights
7.1 ITM Property
The Services, including all content, features, and functionality thereof, are owned by ITM, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 User Content License
By submitting, posting, or displaying content through the Services ("User Content"), you grant ITM a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services. You represent and warrant that you have all rights necessary to grant this license.
7.3 Brand Content License
Authorized Brands retain ownership of their content but grant ITM the licenses necessary to operate the Services and promote the platform.
8. Privacy and Data Protection
Your use of the Services is governed by our Privacy Policy. By using Location Services or social verification features, you expressly consent to the collection, use, and sharing of such data as described in the Privacy Policy. The zkTLS Verification system processes verification locally on your device without transmitting credentials to ITM servers.
9. Prohibited Conduct
You agree not to: (a) violate any applicable law or regulation; (b) infringe any intellectual property or other proprietary rights; (c) harass, abuse, threaten, or harm another user; (d) transmit spam, chain letters, or other unsolicited communications; (e) attempt to gain unauthorized access to any portion of the Services; (f) interfere with or disrupt the Services; (g) create multiple accounts or false identities; (h) use automated means to scrape or collect data from the Services; (i) circumvent or manipulate geofencing or other Service features; or (j) engage in any other conduct that restricts or inhibits anyone's use of the Services.
10. Third-Party Services
The Services may contain links to or integrate with third-party services not owned or controlled by ITM. ITM has no control over, and assumes no responsibility for, such third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of such services.
11. Termination
11.1 Termination by ITM
ITM may, in its sole discretion, suspend or terminate your access to all or part of the Services at any time, with or without notice, for any reason, including without limitation: (a) breach of these Terms; (b) fraudulent, harassing, or abusive behavior; or (c) behavior that is harmful to other users or ITM.
11.2 Termination by User
You may terminate your account at any time through your account settings or by contacting support@itm.studio.
11.3 Effect of Termination
Upon termination: (a) your right to access the Services ceases immediately; (b) ITM may delete your User Content; (c) you remain liable for all obligations incurred prior to termination; and (d) Sections 7, 9, 12, 13, 14, 15, and 16 shall survive termination.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ITM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ITM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ITM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ITM'S AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID ITM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
14. Indemnification
You agree to defend, indemnify, and hold harmless ITM, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Services; or (d) your violation of any rights of another party.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.
15.2 Arbitration Agreement
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Wilmington, Delaware, before a single arbitrator. Judgment on the award may be entered in any court having jurisdiction.
15.3 Class Action Waiver
YOU AND ITM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
16. General Provisions
16.1 Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and ITM regarding the Services and supersede all prior agreements and understandings.
16.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ITM's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16.4 Assignment
ITM may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without ITM's prior written consent.
16.5 Notice
ITM may provide notice to you via email to the address associated with your account, through the Services, or by other legally permissible means.
17. Modifications to Terms
ITM reserves the right to modify these Terms at any time. If we make material changes, we will provide notice through the Services, by email, or by other appropriate means. Your continued use of the Services following notice of material changes constitutes acceptance of the modified Terms.
18. Contact Information
For questions regarding these Terms, please contact:
ITM Studio, Inc.
Support: support@itm.studio