Terms of Service

1. Eligibility

You may use the Service only if:

• you have the legal capacity to enter into a binding agreement;
• you are not prohibited from using the Service under applicable law; and
• you satisfy any minimum age or legal drinking-age requirements applicable to certain features, content, venues, or events.

If the Service includes nightlife, bar, or alcohol-related content, features, or events, you represent and warrant that you are of legal age to participate in such activities in the jurisdiction where you use the Service.

2. Nature of the Service

DrinkAround is a technology platform that may allow users to discover venues, create or join crawls, generate routes, coordinate with other participants, share media, and access social or event-related features.

We are not a bar, restaurant, venue operator, alcohol provider, transportation provider, security provider, travel operator, public accommodation, event insurer, medical provider, or emergency-response service. Unless explicitly stated otherwise in writing, we do not own, control, supervise, or manage third-party venues, route conditions, alcohol service, event safety, crowd behavior, local laws, transportation, or user conduct offline.

3. Important Safety and Assumption of Risk

Your use of the Service may involve real-world activities, including travel, nightlife, alcohol-related environments, participation in groups, being in public places, interacting with strangers, and visiting venues that may present risks.

You understand and agree that participation in crawls, nightlife activities, travel between venues, alcohol consumption, and related social events involves inherent and obvious risks, including but not limited to:

• intoxication;
• impaired judgment or coordination;
• falls, collisions, injuries, assaults, theft, property damage, accidents, or death;
• unsafe conditions at venues or between venues;
• criminal acts or misconduct by third parties;
• overconsumption of alcohol or other substances;
• allergic reactions or medical emergencies;
• rideshare, driving, walking, biking, scooter, or transit incidents; and
• violations of law or venue policies.

To the maximum extent permitted by law, you voluntarily assume all risks arising from or related to your use of the Service and any activities, venues, events, routes, check-ins, recommendations, or user interactions connected to it.

You are solely responsible for:

• complying with all laws, rules, and regulations;
• drinking responsibly, if at all;
• not driving or operating vehicles while impaired;
• arranging safe transportation;
• assessing whether a venue, route, stop, event, or activity is appropriate for you;
• monitoring your own physical condition and the condition of people in your group;
• supervising minors or other persons in your care;
• protecting your belongings; and
• calling emergency services where necessary.

4. Medical, Safety, and Legal Disclaimer

The Service does not provide medical, legal, safety, transportation, or emergency advice. Any content, venue listing, route recommendation, timing suggestion, or user post is provided for general informational purposes only and may be inaccurate, incomplete, outdated, or unsafe under your circumstances.

5. Account Registration and Security

You may need to create an account to use some features. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorized access or suspected security breach.

We may suspend or terminate accounts that are false, misleading, compromised, or in violation of these Terms.

6. User Content

6.1 Ownership

You retain ownership of content you submit, upload, post, transmit, or otherwise make available through the Service ("User Content"), subject to the licenses granted below.

6.2 License to Company

By submitting User Content, you grant the Company and its affiliates, service providers, sublicensees, successors, and assigns a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise use that User Content for purposes of operating, improving, promoting, securing, and providing the Service, including creating recaps, galleries, route memories, highlight reels, moderation workflows, and marketing materials, subject to your settings and applicable law.

6.3 Your Representations

You represent and warrant that:

• you own or control all rights necessary to submit the User Content;
• your User Content does not infringe, misappropriate, or violate any third-party rights;
• your User Content is not unlawful, defamatory, obscene, harassing, hateful, or fraudulent; and
• you obtained all necessary permissions from persons appearing in your content, where required.

6.4 Monitoring and Removal

We may, but are not obligated to, review, monitor, moderate, remove, edit, or disable access to User Content at any time and for any reason.

7. Acceptable Use

You agree not to, and not to assist others to:

• violate any law, regulation, or third-party right;
• use the Service while engaging in unlawful, dangerous, or irresponsible conduct;
• promote binge drinking, underage drinking, drunk driving, harassment, violence, illegal drug use, or other harmful conduct;
• impersonate any person or entity;
• create false accounts or manipulate social features;
• upload viruses, malware, or harmful code;
• interfere with or disrupt the Service;
• scrape, crawl, copy, harvest, or reverse engineer the Service except as permitted by law;
• use bots or automation in a manner that burdens or harms the Service;
• bypass security, access controls, or usage limits;
• infringe intellectual property rights;
• collect or disclose another person's information without authorization; or
• use the Service in a way that could expose us or others to liability.

8. Venue, Route, Event, and Third-Party Information Disclaimer

Venue listings, maps, hours, menus, route suggestions, event details, user reviews, capacity, specials, pricing, operating status, accessibility details, and other information may come from third parties or users and may change at any time.

We do not guarantee that any venue, route, event, or recommendation will be available, accurate, safe, lawful, open, appropriate, or satisfactory.

References to third-party venues or businesses do not constitute endorsement.

9. Purchases, Subscriptions, and Billing

If the Service offers purchases, subscriptions, premium features, or event-related payments:

• prices and features may change at any time;
• taxes may apply;
• recurring subscriptions renew automatically unless canceled in accordance with the applicable billing terms or app store rules;
• app store purchases are governed by the applicable platform terms;
• you are responsible for all charges incurred under your account; and
• except as required by law, payments are non-refundable.

If a third-party processor handles billing, your payment relationship with that processor is governed by its terms and privacy policy.

10. Intellectual Property

The Service, including its software, text, graphics, logos, trademarks, design, compilations, interfaces, audiovisual elements, and underlying technology, is owned by the Company or its licensors and is protected by intellectual property and other laws.

Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you.

11. Feedback

If you submit feedback, ideas, or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use them for any purpose without compensation or restriction.

12. Communications

You consent to receive communications from us electronically, including by email, push notification, SMS, or in-app message where permitted and where you have provided the relevant contact details or permissions. Standard messaging and data rates may apply.

13. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe:

• you violated these Terms;
• you pose risk to other users, venues, third parties, or the Service;
• your conduct may create liability or legal exposure; or
• termination is necessary for security, operational, or legal reasons.

You may stop using the Service at any time.

14. DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE SAFE, SECURE, ERROR-FREE, OR UNINTERRUPTED;
• CONTENT OR INFORMATION WILL BE ACCURATE, COMPLETE, OR CURRENT;
• ANY CRAWL, ROUTE, VENUE, EVENT, OR USER INTERACTION WILL BE SAFE OR SUITABLE;
• DEFECTS WILL BE CORRECTED;
• THE SERVICE WILL PREVENT HARM, MISCONDUCT, OR ILLEGAL ACTIVITY; OR
• THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

15. RELEASE

To the maximum extent permitted by law, you release, waive, and discharge the Company and its parents, subsidiaries, affiliates, officers, directors, managers, employees, contractors, agents, licensors, service providers, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, whether known or unknown, suspected or unsuspected, arising out of or relating to:

• your use of the Service;
• your participation in any crawl, route, venue visit, event, meetup, or offline interaction;
• alcohol consumption or other substance use by you or others;
• acts or omissions of venues, bartenders, hosts, event organizers, transportation providers, or other third parties;
• acts or omissions of other users or members of the public; and
• injury, death, emotional distress, property damage, theft, or other harm occurring before, during, or after activities connected with the Service.

If applicable law limits the scope of this release, the release will apply to the maximum extent permitted.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID US, IF ANY, FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

17. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, demands, investigations, proceedings, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Service;
• your User Content;
• your breach of these Terms;
• your violation of law or third-party rights;
• your participation in any crawl, event, venue visit, or offline activity related to the Service; or
• injury or damage caused by you or persons you invite, organize, or accompany.

18. Arbitration; Class Action Waiver

Please read this section carefully. It may significantly affect your legal rights.

To the maximum extent permitted by law, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, except that either party may bring an individual claim in small claims court if it qualifies.

You and the Company waive any right to a jury trial and any right to participate in a class action, class arbitration, private attorney general action, consolidated action, or representative proceeding.

If you do not want this arbitration provision to apply, you may opt out by sending written notice to support@drinkaround.app within thirty (30) days of first accepting these Terms, including your full name, account email, mailing address, and a clear statement that you wish to opt out of arbitration.

The arbitration will be administered by JAMS under its applicable consumer rules, except as modified by these Terms. The seat of arbitration will be San Francisco County, California, unless otherwise required by law. The arbitrator will have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, and formation of this arbitration agreement, except that a court may determine issues concerning the validity or enforceability of the class action waiver.

If this arbitration section is found unenforceable in whole or in part, the unenforceable portion will be severed and the remaining portion will remain in effect to the fullest extent permitted by law.

19. Governing Law and Venue

Except to the extent preempted by federal law or superseded by the arbitration provision above, these Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. For any dispute not subject to arbitration, you agree to exclusive jurisdiction and venue in the state or federal courts located in San Francisco County, California.

20. California Waiver (Optional if Applicable)

If you are a California resident, you waive California Civil Code section 1542, which states in substance that a general release does not extend to claims that the releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected their settlement.

21. Changes to the Service

We may modify, suspend, discontinue, or remove all or part of the Service at any time without liability.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may provide notice by reasonable means. The updated Terms will become effective on the date stated above or otherwise indicated. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms to the extent permitted by law.

23. Miscellaneous

These Terms, together with any policies or additional terms incorporated by reference, constitute the entire agreement between you and the Company regarding the Service.

If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision is not a waiver of that provision.

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

24. Contact Information