Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and WhoTheFolk, LLC, a Delaware limited liability company (“WhoTheFolk,” “we,” “us,” or “our”), governing your access to and use of the cakepop platform, including the website at cakepop.io, mobile applications, APIs, and all related services (collectively, the “Platform”).

By creating an account, purchasing a ticket, listing an event, or otherwise accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Platform.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or purchase tickets on the Platform. By using cakepop, you represent and warrant that you meet these requirements. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. The Platform

cakepop is a ticketing marketplace that connects event organizers (“Organizers”) with ticket buyers (“Buyers”). WhoTheFolk operates the Platform as an intermediary and is not the organizer, promoter, or producer of any event listed on cakepop unless expressly stated.

We do not guarantee the quality, safety, legality, or occurrence of any event. We do not guarantee the accuracy of event listings. The contractual relationship for the purchase of a ticket is between you and the Organizer of the event.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You must notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or otherwise acted in a manner that is harmful to other users or the Platform.

5. Ticket Purchases

When you purchase a ticket through the Platform, you are entering into a transaction with the Organizer of the event. All ticket prices are set by the Organizer. cakepop may add a service fee to the ticket price, which will be clearly displayed before you complete your purchase.

All sales are processed by our third-party payment processor, Stripe, Inc. By making a purchase, you also agree to Stripe’s Terms of Service. Ticket purchases are confirmed only after successful payment processing.

Per-event purchase limits may apply. Tickets are non-transferable except through the Platform’s built-in transfer feature. Any ticket obtained through unauthorized means (bots, scraping, or other automated tools) may be canceled without refund.

6. Refund and Cancellation Policy

Refund policies are set by individual event Organizers. cakepop does not independently issue refunds for ticket purchases. Please review the Organizer’s refund policy before completing your purchase. For details, see our Refund Policy.

If an event is canceled by the Organizer, refunds will be processed in accordance with the Organizer’s stated policy and applicable law. cakepop will facilitate the refund process but is not responsible for the Organizer’s refund obligations.

7. Ticket Transfers

Tickets purchased through cakepop may be transferred to other users only through the Platform’s official transfer feature. Resale of tickets outside the Platform, including at prices above face value, may violate applicable state and local anti-scalping and ticket resale laws and is prohibited.

8. Event Organizer Responsibilities

If you use the Platform as an Organizer, you represent and warrant that: (a) you have the legal right to organize and host the event; (b) all event information you provide is accurate and not misleading; (c) you will comply with all applicable federal, state, and local laws, including those relating to event licensing, tax collection, accessibility requirements, and consumer protection; (d) you will honor all tickets validly purchased through the Platform.

Organizers are solely responsible for the event experience, including venue safety, age restrictions, and compliance with health and safety regulations. Organizers agree to indemnify WhoTheFolk against any claims arising from their events.

9. Fees and Payouts

cakepop does not charge Organizers a fee on ticket sales. A per-ticket service fee is applied to ticket purchases by Buyers; its amount is displayed with the ticket price before checkout. Payment processing costs (currently 2.9% + $0.30 per transaction) are either governed by the Organizer’s direct agreement with our payment processor or, for cakepop-managed payment accounts, collected by cakepop at that same rate. All applicable fees will be clearly disclosed prior to the completion of any transaction. Fees are non-refundable except where required by law.

Ticket proceeds are paid out on the Organizer’s payout schedule, shown in the organizer dashboard — by default, the day after each event. cakepop may apply payout restrictions to manage risk, which the Organizer may appeal from the dashboard. A portion of gross sales (currently 10%) is held in reserve for a limited period (currently 30 days) after each event to cover refunds and chargebacks. Optional accelerated payouts — releasing eligible funds ahead of schedule, or sending released funds over instant bank rails — carry the additional fees disclosed in the dashboard at the time of the request (currently 3% of the amount released early). Organizers may elect a slower payout schedule, or per-event holds, at no charge. cakepop may adjust an Organizer’s payout schedule, or require review before release, to manage refund and chargeback risk; restriction decisions are reviewable on appeal.

10. Prohibited Conduct

You agree not to:

(a) Use bots, scrapers, or automated tools to access the Platform or purchase tickets; (b) circumvent any purchase limits or security measures; (c) create multiple accounts to bypass restrictions; (d) reproduce, duplicate, or resell tickets outside the Platform; (e) use the Platform for any unlawful purpose; (f) interfere with or disrupt the integrity or performance of the Platform; (g) attempt to gain unauthorized access to any part of the Platform; (h) impersonate any person or entity; or (i) post or transmit any content that is defamatory, obscene, or otherwise objectionable.

11. Intellectual Property

The Platform and its original content, features, and functionality are owned by WhoTheFolk, LLC and are protected by copyright, trademark, and other intellectual property laws. The cakepop name, logo, and all related marks are trademarks of WhoTheFolk, LLC. You may not use our trademarks without our prior written consent.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WHOTHEFOLK, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless WhoTheFolk, LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the “Last updated” date. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

18. Contact

If you have questions about these Terms, please contact us at:

WhoTheFolk, LLC
Email: legal@cakepop.io
Phone: (888) 388-2253 (also (888) 388-CAKE)