TERMS OF SERVICE

Last Updated: 2025 Apr 8

0. “tl;dr” Summary

Here’s the short and sweet version: Funktion (brought to you by Crowd Tech Group, Inc.) is a web-based platform that helps Hosts jazz up in-person events with various crowd-engagement modules. We don’t organize events, and we’re definitely not babysitters. Hosts (or at least the individual paying for the events) must be adults in their jurisdiction, and if minors are involved as Guests, the Host is in charge of ensuring appropriate content. We integrate with services like PayPal and Spotify, but we’re not responsible if their platforms go down at the worst possible time. If something goes wrong, you have a reasonable window of time (say, 24 hours?) to ask for a refund, though we get the final say. 

Play nice, be responsible, and we’ll all get along splendidly. Now, feel free to dive into the details below!

1. Introduction

These Terms of Service (“Terms”) govern your use of the Funktion service (“Funktion” or the “Service”), provided by Crowd Tech Group, Inc. (“CTG,” “we,” “us,” or “our”). CTG is a Delaware corporation. By accessing or using Funktion, you (“User” or “you”) agree to be bound by these Terms in their entirety. If you do not wish to accept them, you may not use or access our Service.

Funktion is an all-in-one web-based platform that offers numerous configurable modules designed to enable crowd engagement for in-person events. We do not organize or provide venues, physical products, or event-planning services. Instead, we supply digital tools, some of which may incorporate third-party integrations. These modules can include, for example, music playback, crowdfunding, and other interactive features that enhance event experiences. All references to “Funktion” in these Terms apply to our website and any related features, services, or content offered by CTG.

2. Who May Use Funktion

Funktion users can generally be divided into two categories: Hosts and Guests. Hosts are individuals who create, manage, or organize events on the platform, and they must be adults in their jurisdiction. Hosts gain access to the platform through our supported third-party login process. By logging in, a Host effectively creates an account associated with that login.

Guests, on the other hand, are people who attend or participate in the events created by Hosts, and actively use our Service. Guests can be of any age, including minors; however, if minors are involved, the Host is fully responsible for ensuring that the event’s content and interactions remain appropriate for them and comply with all applicable laws. Guests may remain anonymous if they choose, unless a specific module or feature requires logging in. In any case, by using our platform, Guests are required to abide by these Terms.

3. The Funktion Experience

Funktion provides an array of crowd-engagement modules, all aimed at enhancing the experience of in-person events. These modules range from simple interactive tools - such as polls and Q&A boards - to more advanced features that involve crowdfunding or music integration. Because certain modules rely on third-party services, you may occasionally encounter separate terms and conditions imposed by those third parties.

We want to be clear that CTG does not provide or manage any physical elements of your event. We do not arrange venues, supply equipment, or organize your event schedule. If you decide to use PayPal for crowdfunding or ticketing, or Spotify for music playback, your engagement with those services is subject to their respective terms. We merely facilitate the connection between your event and these third-party platforms, and we are not liable for the availability or performance of services outside our software’s implementation.

4. Payment & Fees

Payment obligations primarily concern Hosts, who may be charged for certain premium modules or features on a per-event basis. We also offer a free mode with limited functionality. When you decide to use a paid feature, the associated fees are clearly presented prior to your final confirmation. By proceeding, you agree to pay those fees.

If a Host chooses to enable crowdfunding or payment collection through Funktion, the actual financial transactions are handled by PayPal. We do not collect or store credit card details or other sensitive payment information. Fees for services of performing the transfers will be deducted from the total amount that Guests contribute to a Host’s crowdfunding campaign. In order to meet the requirements and stipulations of our payment platforms, it may be required that CTG deduct an additional fee. Details on all the transactions will be provided to the Host upon payout. Please note that all taxes, levies, or similar charges imposed by government authorities remain the responsibility of the Host or Guest, as applicable.

5. Refund Policy

Our Refund Policy applies when a Host or a Guest that has performed a financial translation within Funktion has identified that they have been overcharged or the system malfunctioned in such a way that their financial contribution did not get applied to what was originally intended (e.g. a host paying for an event was not able to use the event, or a CrowdFund contribution did not reach the Host.) In these rare circumstances, please contact info@usefunktion.com to initiate a refund request within 24 hours. While we do strive to be fair in evaluating each request, we reserve the right to grant or deny refunds at our sole discretion.

If a third-party service suffers an outage that significantly impacts your event’s experience - such as a Spotify or PayPal downtime - you may also request a refund within the same 24-hour window. We will do everything possible to ensure your experience remains positive; however, we reserve the right to refuse a refund if we determine the effect of the outage was minimal. Because timing is crucial for live events, we encourage you to contact us promptly if anything goes wrong.

6. Acceptable Use - Host & User Liability

We have no practical way of monitoring the activities of every event that takes place on the Funktion platform. As a result, we depend on our Hosts and Guests to use the Service responsibly and in full compliance with our policies, applicable laws, and basic standards of decency.

We expect all users of Funktion - Hosts and Guests alike - to behave responsibly and lawfully. You agree to refrain from engaging in harmful, offensive, or illegal activities while using the Service. Specifically, all users may not harass or threaten other participants, post hateful or obscene content, engage in fraudulent schemes, or infringe on the intellectual property or privacy rights of others. The creation or distribution of spam, malware, or any form of malicious software through our platform is strictly prohibited.

Hosts must remain particularly vigilant if minors are participating in their events, ensuring that any content or interaction facilitated through Funktion is age-appropriate. If we determine, at our sole discretion, that a user’s content or conduct violates these Terms or is otherwise objectionable, we reserve the right to suspend or terminate any account or event without prior notice. In the event of such termination, any payments previously made by that account, whether for past or upcoming events, may be refunded at our sole discretion. By using Funktion, you also agree to comply with all applicable local, state, national, and international laws governing your use of the platform.

7. User-Generated Content

Hosts and Guests may submit various forms of content through Funktion, including images, text, or other media that enhance an event’s engagement. You retain ownership of any content you upload or submit; however, by submitting such content, you grant CTG a limited, non-exclusive license to display and process that content within the scope of the event or module to which it was submitted. We will not use your content for promotional or marketing purposes outside of the specific event environment, nor do we claim any broader ownership.

Because you remain the owner of your content, you are fully responsible for ensuring you have the right to upload or distribute it, and for making sure it does not violate any third-party rights. CTG does not actively monitor all submissions but reserves the right to remove any content that, in our judgment, violates these Terms or any applicable laws. We are not liable for the correctness, lawfulness, or quality of user-generated content.

Intellectual Property & Copyright Responsibility

You are solely responsible for all content that you upload, post, or otherwise make available through the Funktion service (“User Content”). By submitting User Content, you represent and warrant that:

1. You either own or have obtained all necessary rights, licenses, consents, and permissions to use and distribute such User Content;

2. Your User Content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party;

3. You have the authority to grant us the limited right to display and host your User Content through the Funktion platform.

If you become aware of any material on Funktion that you believe infringes your or someone else’s copyright (or other intellectual property rights), please let us know by contacting [Contact Email or Form] with specific details. CTG reserves the right to remove or disable access to any alleged infringing material and to suspend or terminate the accounts of repeat infringers, in accordance with applicable law and our policies.

8. Disclaimers & Limitation of Liability

Funktion is provided on an “as is” and “as available” basis, without warranties of any kind. We do not guarantee that every module will function perfectly at all times, nor can we promise uninterrupted or error-free operation. While we strive to maintain a secure environment, no security measures are foolproof, and we cannot be held responsible if you or your Guests choose to input personal or sensitive data into public fields.

We also disclaim any liability for the performance or reliability of third-party services like Spotify and PayPal. If an outage or limitation from these external providers disrupts your event, you may request a refund as outlined above, but CTG bears no responsibility for losses or damages arising from factors beyond our control. To the maximum extent allowed by law, any potential liability for CTG is capped at the amount you paid for the most recent event or module in question; we will not be liable for indirect, consequential, incidental, or special damages under any circumstances.

9. Termination

We reserve the right to suspend or terminate your access to Funktion if you breach these Terms or if we believe your continued use poses a risk to us, other users, or the public. Termination may take effect immediately and without prior notice. If we terminate your account, any fees you owe remain due and payable unless we choose to issue a refund under our Refund Policy. Upon termination, you may lose access to any content you submitted, so please keep your own backups of anything important.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, excluding its conflict-of-law principles. Any disputes arising under or relating to these Terms must be brought in the state or federal courts located in California, and by using Funktion, you consent to the personal jurisdiction of those courts. If desired, you may include a clause that waives your right to participate in class actions or representative suits; otherwise, standard legal avenues remain available.

11. Modifications to the Terms

We may update or revise these Terms from time to time to reflect changes in our Service, legal requirements, or operational needs. When we make material changes, we will notify you by posting a notice on our website. Your continued use of Funktion after the effective date of any modifications indicates your acceptance of the updated Terms. If you do not agree to the changes, you must discontinue your use of the Service.

12. Contact Information

If you have questions, concerns, or comments about these Terms or about Funktion in general, please contact us at: info@usefunktion.com 

13. Additional Provisions

In the event any provision of these Terms is found to be invalid or unenforceable, the remainder of the Terms will continue to apply. Our failure to enforce any provision does not waive our right to do so in the future. These Terms, together with any referenced policies such as our Privacy Policy, represent the entire agreement between you and CTG regarding your use of Funktion, superseding any prior agreements or communications.