Terms & Conditions

1. USER AGREEMENT

1.1 Seat Split (“Seat Split“, “we“, “us“, or “our”) operates an online platform along with associated services (“Services”) that facilitate the sale and purchase of tickets, passes, and other related items for various events (“Tickets”). These Services are accessible through our website, telephone service, and/or other related channels (collectively, referred to as the “Site”). By accessing or utilizing our Site, you agree to be bound by the terms outlined in this Seat Split user agreement (“User Agreement”). This User Agreement governs your engagement with our Site, encompassing all its pages. Our User Privacy Notice is hereby incorporated by reference into this User Agreement. We reserve the right to amend this User Agreement from time to time and will notify you by updating the agreement on our Site, sending you an email, or through a notification on our Site. Such revisions to the User Agreement will become effective thirty (30) days after being posted or notified, and your continued use of our Site and Services thereafter constitutes your acceptance of the changes.

1.2 Our Site is not designed for use by individuals under the age of 18. You must not use this Site if you are under the age of 18.

1.3 IMPORTANT NOTICE: SECTION 14 OF THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS IN COURT OR IN A CLASS ACTION FORMAT. BY USING OUR SERVICES, YOU AGREE TO THIS ARBITRATION CLAUSE, UNLESS YOU CHOOSE TO OPT OUT.

2. CONTRACTING ENTITY

When you engage in selling Tickets to us, your contractual relationship is with Seat Split.

3. SEAT SPLIT TRANSFERS

3.1 Seat Split provides a ticketing service that enables users (“Seller”, “you”) to sell Tickets through a process known as a “Seat Split Transfer”. The compensation for sold Tickets (“Payment”) is determined by the sale price of the Tickets (“Market Price”), calculated as [(1 - Commission) * Market Price]. Payments are processed on the first Tuesday following the event date and may take up to three business days to be deposited into the Seller’s bank account.

3.2 To initiate a Seat Split Transfer, the Seller must (i) select “List” and then “Confirm” for an event on their Seat Split dashboard on app.seatsplit.com or through our iOS mobile application, and (ii) transfer the Tickets to Seat Split via email, electronic transfer, or by providing Seat Split with the accurate email address and password for the Seller’s team account. Once initiated, Seat Split assumes ownership and the right to sell the Tickets.

3.3 Following the sale of the Tickets, Seat Split will compensate the Seller in accordance with the agreed terms. Payments will be made through Electronic Bank Transfer (ACH). By registering an account to receive payments through our application, you expressly authorize our service provider, Dwolla, Inc., to initiate credit transfers to your financial institution account. You must be at least 13 years old to receive funds, and if under 18, parental permission is required. You consent to our collection and sharing of your personal information with Dwolla, including your full name, email address, and financial information. You are responsible for the accuracy of this data. Dwolla’s Privacy Policy is available [here].

3.4 The Seller acknowledges their obligation to comply with all applicable laws, regulations, Restrictions, and the terms of this User Agreement when transferring Tickets and utilizing the Site and our Services. “Restrictions” include, but are not limited to, the rules and regulations of various sports leagues, concert promoters, theaters, and other event organizations, as well as any actions taken by any authority under such rules.

3.5 Seat Split is not liable for any consequences arising from the Seller’s failure to adhere to any applicable Restrictions.

3.6 By agreeing to sell a Ticket to Seat Split, the Seller enters into a binding agreement to transfer that specific Ticket to Seat Split. The Seller must deliver the exact Ticket within the specified timeframe (1 hour of listing the tickets) and ensure all seat information is accurate. Failure to meet these requirements may result in additional charges as outlined in this User Agreement or as determined by our standard policies.

3.7 If the Seller requests the return of transferred Tickets and Seat Split has not yet sold or committed to sell the Tickets, Seat Split will return the Tickets to the Seller within one (1) business day of receiving such request. If the Tickets have already been sold, Seat Split will make a reasonable effort to find comparable seats at a similar price and offer them to the Seller if successful.

4. PRIVACY AND COMMUNICATIONS

4.1 All communications between you and Seat Split (including our service providers and affiliates) are governed by our User Privacy Notice.

4.2 Additionally, if you are based in the United States, you acknowledge and agree that we may monitor or record communications between you and Seat Split or our agents for quality control and protection purposes without further notice or warning. Not all communications may be recorded, and we do not guarantee the retention or retrieval of recordings.

5. FEES AND CHARGES

5.1 Seat Split charges a commission for selling Tickets through our Site and/or using our Services (“Commission”). The Commission rate may vary based on event type, Ticket type, and location. Seat Split reserves the right to modify its Commission rates at its sole discretion. All applicable fees, including taxes if applicable, will be disclosed to you before you transfer a Ticket. Seat Split may also impose and/or retain Service Fees for non-compliance with contractual obligations under this User Agreement.

5.2 Failure to fulfill contractual obligations may result in Seat Split imposing certain fees and/or costs in accordance with our standard policies.

5.3 We may employ a collection agency or other mechanisms to recover owed amounts, and you may incur fees associated with collecting delinquent payments. Seat Split or the employed collection agency may report information about your account to credit bureaus, potentially affecting your credit report. For disputes regarding information Seat Split reported to a credit bureau, please contact us directly. For disputes with a collection agency, contact the agency directly.

6. TAXES

The provisions regarding taxes, commission charges, collection of delinquent payments, and credit reporting outlined in Section 5 also apply here.

7. TERM AND TERMINATION

7.1 This User Agreement commences upon your access to our Site and continues indefinitely unless terminated per these terms.

7.2 You may terminate this User Agreement at any time by contacting support@seatsplit.com. We may terminate this User Agreement by providing at least thirty (30) days’ notice via email to your registered email address, without limiting our rights under Clause 14.

7.3 Termination of this User Agreement does not affect accrued rights or liabilities of either party up to the date of termination or expiry, nor the continuation of any provision meant to survive termination or expiry.

8. SITE CHANGES AND AVAILABILITY

Seat Split reserves the right to modify, suspend, or discontinue the Site, Services, or any part thereof at any time without notice for any reason. We conduct regularly scheduled maintenance, which may temporarily make the Site or our Services unavailable.

9. ABUSING SEAT SPLIT

10. PROTECTING INTELLECTUAL PROPERTY RIGHTS

Seat Split respects intellectual property rights and responds to allegations of infringement. If you believe that material on our Site or Services infringes your copyright or other intellectual property rights, please notify support@seatsplit.com, and we will investigate.

11. VIOLATING THE AGREEMENT

11.1 We may investigate suspected violations of this User Agreement, security protocols, third-party rights, or applicable laws. Appropriate actions against a user may include limiting, suspending, or terminating our services; restricting or prohibiting access to our Site and Services; removing listings; canceling sales; and taking technical and legal steps to prevent misuse of our Site and Services.

11.2 We reserve the right to report illegal activities to law enforcement and comply with legal requests related to criminal investigations.

12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

12.1 YOU ACKNOWLEDGE THAT YOU USE THE SITE AND SERVICES "AS IS" AND "AS AVAILABLE". SEAT SPLIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2 SEAT SPLIT (AND ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES; (II) VIRUSES OR MALICIOUS SOFTWARE; (III) USER CONTENT OR THIRD-PARTY CONTENT; OR (IV) HOW TICKETS ARE LISTED OR APPEAR ON THE SITE OR SERVICES.

12.3 SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY, SO THESE PROVISIONS MAY NOT APPLY TO YOU.

12.4 OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE, NOT TO EXCEED THE TOTAL FEES YOU PAID TO US IN CONNECTION WITH THE TICKET(S) (UP TO A MAXIMUM OF 12 TICKETS), OR (B) $1,000.

13. APPLICABLE LAWS AND JURISDICTION

13.1 Any claim, dispute, or matter arising under or in connection with this User Agreement shall be governed by the laws of the State of California.

13.2 Disputes with Seat Split are to be resolved as specified in Clause 14.

14. LEGAL DISPUTES/ARBITRATION

14.1 You and Seat Split agree that disputes or claims relating to this User Agreement, its breach, termination, enforcement, interpretation, or validity, including the scope of this arbitration agreement, your use of the Site or Services, or any tickets sold through the Site or Services, shall be resolved exclusively through confidential, final, binding arbitration in Los Angeles, California, before one or three arbitrators. The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, including Expedited Procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

14.2 If any part of this Agreement to Arbitrate is found invalid or unenforceable, the remaining parts shall still apply.

14.3 You may opt-out of this Agreement to Arbitrate by sending a written opt-out notice within 30 days of accepting the User Agreement for the first time. Mail the Opt-Out Notice to Seat Split, 645 W 9th Street #110-187, Los Angeles, CA 90015.

14.4 Amendments to this arbitration section do not apply to claims filed before the effective date of the amendment. The amendment applies to all other disputes or claims governed by the User Agreement.

15. RELEASE AND INDEMNIFICATION

15.1 You release Seat Split, its affiliates, and their respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from all claims, demands, and damages related to disputes between users. You waive any statutory protections that would otherwise limit the scope of this release.

15.2 You agree to indemnify Seat Split and its affiliates against any claim, demand, liability, cost, or expense resulting from your breach of this User Agreement, misuse of the Site or Services, or violation of law or third-party rights.

16. REGION-SPECIFIC ADDITIONAL PROVISIONS

16.1 California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

16.2 Illinois residents selling tickets to events in Illinois may elect to submit complaints to JAMS under its rules and procedures for arbitration, in accordance with this User Agreement.

17. GENERAL PROVISIONS

17.1 This User Agreement, including all incorporated documents, constitutes the entire agreement between the parties on this subject and supersedes all prior agreements. Amendments must comply with the terms of this User Agreement.

17.2 Invalid or unenforceable provisions do not affect the application of other provisions or circumstances.

17.3 Seat Split may assign this User Agreement at its discretion. Your rights under this agreement are not assignable or transferable without our explicit consent.

17.4 No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is created by this User Agreement.

17.5 This User Agreement does not confer benefits, rights, or remedies on any person other than the parties and their permitted successors.

17.6 Section headings are for reference only. The following sections survive termination: Contracting entity, fees and charges, taxes, payments, abusing Seat Split, content, liability, laws, release and indemnification, additional regional provisions, and general provisions.

17.7 Failure to enforce a breach does not waive our right to enforce subsequent breaches. We do not guarantee action against all breaches.

17.8 Legal notices to us should be sent by registered mail to the entity listed in Clause 2.1. We will send notices to you by email. Email notices are considered given 24 hours after email is sent, unless we are notified the email address is invalid. Alternatively, we may give legal notice by registered mail if provided a return address or confirmed receipt of your preferred legal notice address. Notices by registered mail are deemed received three days after mailing.