Terms of Service

1. Acceptance of Terms

Welcome to Town Tap! These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Town Tap LLC ("Town Tap," "we," "us," or "our") governing your access to and use of the Town Tap mobile application, website, and all related services (collectively, the "Service").

1.1 Agreement to Terms

Your use of the Service constitutes your acceptance of these Terms, including:

• All terms and conditions contained or referenced herein
• Our Privacy Policy (incorporated by reference)
• Any additional terms applicable to specific features or services
• All applicable laws and regulations

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• 📧 Send you an email notification to your registered email address
• 📱 Display a prominent notice in the app
• 📅 Update the "Last Updated" date at the top of this document
• ⏳ Provide at least 30 days' notice before changes take effect

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may delete your account.

2. Eligibility & Account Requirements

2.1 Age Requirements

• 🔞 13-17 years old: You may use Town Tap with parental consent
• ✅ 18+ years old: You may use Town Tap without restrictions
• 🍺 Alcohol-related features: You must be 21+ to view alcohol menus or promotions

2.2 Account Registration

To use certain features of Town Tap, you must create an account. When registering, you agree to:

• ✅ Provide accurate, current, and complete information
• ✅ Maintain and promptly update your account information
• ✅ Keep your password secure and confidential
• ✅ Not share your account with others
• ✅ Not create multiple accounts for yourself
• ✅ Not use another person's account without permission
• ✅ Notify us immediately of any unauthorized access

2.3 Account Types

2.4 Account Responsibilities

You are solely responsible for:

• All activity that occurs under your account
• Maintaining the confidentiality of your login credentials
• Any charges incurred through your account
• Ensuring compliance with these Terms

3. Service Description

Town Tap provides a platform that connects consumers with local restaurants and dining establishments.

3.1 Core Features

3.2 Service Availability

We strive to provide reliable service, but we do not guarantee:

• ⏱️ Uninterrupted or error-free operation
• ⏱️ That the Service will be available at all times
• ⏱️ That all features will work on all devices
• ⏱️ That the Service will meet your specific requirements

3.3 Third-Party Services

Town Tap integrates with third-party services:

• Payment processors (Stripe, Apple Pay, Google Pay)
• Map providers (Google Maps, Apple Maps)
• Authentication providers (Apple Sign In)
• Analytics providers (Google Analytics)

Your use of these services is subject to their respective terms and privacy policies.

4. Acceptable Use Policy

You agree to use Town Tap only for lawful purposes and in accordance with these Terms.

4.1 Prohibited Activities

You agree NOT to:

🚫 Content & Behavior Violations

• Post false, misleading, or fraudulent reviews
• Write reviews for businesses you haven't visited
• Accept compensation for writing reviews (unless disclosed)
• Post offensive, defamatory, or harassing content
• Impersonate any person or entity
• Post spam or unsolicited promotional content

🚫 Technical Violations

• Attempt to gain unauthorized access to our systems
• Use automated tools (bots, scrapers, crawlers) without permission
• Reverse engineer, decompile, or disassemble the app
• Introduce viruses, malware, or harmful code
• Circumvent security or authentication measures
• Interfere with the proper operation of the Service

🚫 Fraud & Abuse

• Create fake accounts or multiple accounts to manipulate cashback
• Engage in fraudulent check-ins or cashback accumulation
• Sell, trade, or transfer your account or cashback
• Exploit bugs or glitches for personal gain
• Manipulate ratings or rankings

🚫 Legal Violations

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Violate others' privacy rights
• Engage in illegal activities

4.2 Consequences of Violations

If you violate this Acceptable Use Policy, we may:

• ⚠️ Issue a warning
• ⚠️ Remove violating content
• ⚠️ Suspend your account temporarily
• ⚠️ Revoke cashback or rewards earned through violations
• ⚠️ Terminate your account permanently
• ⚠️ Report illegal activities to law enforcement
• ⚠️ Pursue legal action for damages

5. Cashback & Rewards Program

Town Tap operates a loyalty program where users can earn and redeem cashback for discounts on future orders.

5.1 Earning Cashback

5.2 Cashback Value & Limitations

5.3 Redeeming Rewards

• ✅ Rewards are subject to business participation
• ✅ Businesses may modify or discontinue rewards at any time
• ✅ Rewards must be redeemed before expiration
• ✅ Rewards cannot be combined with other offers (unless stated)
• ✅ Rewards are non-transferable and have no cash value
• ✅ We reserve the right to revoke rewards obtained through fraud

5.4 Program Changes

We reserve the right to:

• Modify cashback rates and earning tiers
• Change reward offerings and redemption options
• Suspend or terminate the rewards program
• Adjust your cashback balance to correct errors

We will provide reasonable notice of material changes to the program.

6. Payments, Refunds & Food Ordering

6.1 Free for Everyone

Town Tap is completely free for both customers and restaurants. There are no subscriptions, no monthly fees, and no contracts.

6.2 Payment Processing

• 💳 Payments are processed through Stripe, Apple Pay, or Google Pay
• 💳 You authorize us to charge your selected payment method
• 💳 You are responsible for all charges incurred under your account
• 💳 Keep your payment information current and accurate
• 💳 We do not store your full credit card number

6.3 Refund Policy

6.4 Taxes

Food prices are exclusive of applicable sales tax. You are responsible for any taxes associated with your order.

6.5 Food Ordering - No Customer Fees

When you place a food order through Town Tap, you pay no service fees or platform fees. You only pay:

Commission Structure (For Transparency)

• Customer pays: Food subtotal + tax + tip (NO extra fees)
• Restaurant receives: 90% of subtotal + 100% of tax + 100% of tips
• Town Tap receives: 10% of subtotal only (our commission from restaurants)

Cashback Rewards

• Earn 3-6% cashback on every order (based on your loyalty tier)
• Cashback is funded by Town Tap's commission, not the restaurant
• Cashback can be redeemed for future orders or rewards

Order Terms

• Refunds are processed through our support team for order issues
• We reserve the right to modify the cashback program with 30 days advance notice
• Changes will be communicated via email and in-app notification

7. User Content & Reviews

7.1 Content You Provide

When you post reviews, photos, comments, or other content ("User Content") on Town Tap:

Your Ownership

• ✅ You retain all ownership rights to your User Content
• ✅ You are solely responsible for the content you post
• ✅ You must have the right to share the content

License You Grant Us

By posting User Content, you grant Town Tap a:

• 📄 Worldwide, non-exclusive, royalty-free license
• 📄 To use, reproduce, modify, adapt, publish, and display your content
• 📄 In connection with operating and promoting the Service
• 📄 This license continues even if you delete your account (for content already distributed)

7.2 Content Standards

All User Content must:

• ✅ Be accurate and truthful (especially reviews)
• ✅ Be based on genuine personal experiences
• ✅ Comply with all applicable laws
• ✅ Respect others' privacy and intellectual property rights
• ✅ Not contain offensive, defamatory, or inappropriate material
• ✅ Not contain advertising or promotional content (unless authorized)

7.3 Review Guidelines

7.4 Content Moderation

We reserve the right to:

• 🔍 Monitor and review User Content (but are not obligated to do so)
• 🔍 Remove content that violates these Terms
• 🔍 Suspend or terminate accounts for repeated violations
• 🔍 Edit content for formatting or clarity (with your permission)

7.5 Business Responses

• 🏪 Businesses may respond publicly to your reviews
• 🏪 Business responses are subject to the same content standards
• 🏪 We may moderate disputes between users and businesses

7.6 DMCA Takedown Requests

If you believe content on Town Tap infringes your copyright, contact:

Copyright Agent
Town Tap LLC
Email: dmca@towntap.app
Mail: 690 Glen Eden Court, Aurora, OH 44202

8. Intellectual Property Rights

8.1 Town Tap Ownership

Town Tap and its licensors own all rights, title, and interest in:

• © The Town Tap mobile application and website
• © All software, code, and technology
• © The Town Tap name, logo, and trademarks
• © All design elements, graphics, and user interface
• © Database compilation and organization
• © Proprietary algorithms and features

8.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• ✅ Download and use the Town Tap app on your personal devices
• ✅ Access and use the Service for personal, non-commercial purposes
• ✅ Subject to compliance with these Terms

8.3 Restrictions

You may NOT:

• 🚫 Copy, modify, or create derivative works of the app
• 🚫 Reverse engineer, decompile, or disassemble the software
• 🚫 Remove copyright or proprietary notices
• 🚫 Use the Town Tap name or logo without written permission
• 🚫 Frame or mirror any part of the Service
• 🚫 Use automated systems to access the Service

8.4 Trademarks

"Town Tap," the Town Tap logo, and all related marks are trademarks of Town Tap LLC. Other product and company names mentioned may be trademarks of their respective owners.

9. Disclaimers & Warranties

9.1 "AS IS" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• ❌ Warranties of merchantability
• ❌ Fitness for a particular purpose
• ❌ Non-infringement
• ❌ Accuracy, reliability, or completeness of content
• ❌ Error-free or uninterrupted operation
• ❌ Freedom from viruses or harmful components

9.2 No Warranty of Business Information

• We do not guarantee the accuracy of restaurant information
• Business hours, menus, and prices may be outdated
• Offers and promotions are subject to business availability
• We are not responsible for business closures or changes

9.3 Third-Party Content

• User reviews reflect individual opinions, not Town Tap's views
• We do not verify the accuracy of user-generated content
• Third-party links and services are provided for convenience only
• We are not responsible for third-party websites or services

9.4 No Medical or Dietary Advice

Town Tap does not provide medical, nutritional, or dietary advice. Menu information may be incomplete or inaccurate. Always verify with the restaurant regarding allergies, dietary restrictions, and nutritional content.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOWNTAP SHALL NOT BE LIABLE FOR:

• 💔 Indirect, incidental, or consequential damages
• 💔 Lost profits, revenue, data, or business opportunities
• 💔 Personal injury or property damage
• 💔 Emotional distress or reputational harm
• 💔 Punitive or exemplary damages
• 💔 Damages arising from unauthorized access to your account

10.2 Not Liable For

• 🚫 Actions or omissions of businesses on the platform
• 🚫 Quality, safety, or legality of products or services offered by businesses
• 🚫 Food poisoning, allergic reactions, or health issues
• 🚫 Disputes between users and businesses
• 🚫 Third-party content, websites, or services
• 🚫 Errors, omissions, or inaccuracies in business information
• 🚫 Service interruptions or data loss

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Town Tap, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• ⚖️ Your use or misuse of the Service
• ⚖️ Your violation of these Terms
• ⚖️ Your User Content
• ⚖️ Your violation of any third-party rights
• ⚖️ Your violation of applicable laws or regulations
• ⚖️ Any fraudulent or illegal activity on your account

Defense and Settlement

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully with us in asserting any available defenses.

12. Account Termination

12.1 Your Right to Terminate

You may terminate your account at any time by:

• 🚪 Going to Settings → Account → Delete Account
• 🚪 Following the account deletion process
• 🚪 Emailing support@towntap.app

12.2 Effect of Termination

Upon account deletion:

• ✅ Your personal data will be deleted per our Privacy Policy (within 30 days)
• ✅ Your cashback and rewards will be forfeited
• ✅ Your reviews may remain public (anonymized) unless you request deletion
• ✅ Any pending orders will be cancelled

12.3 Our Right to Terminate

We may suspend or terminate your account immediately, without notice, if:

• ⚠️ You violate these Terms
• ⚠️ We suspect fraudulent, abusive, or illegal activity
• ⚠️ You engage in behavior harmful to other users or businesses
• ⚠️ You create multiple accounts for abuse
• ⚠️ Required by law or legal process
• ⚠️ We discontinue the Service (with 30 days' notice)

12.4 Survival of Terms

The following sections survive termination of your account:

• Intellectual Property Rights
• Disclaimers & Warranties
• Limitation of Liability
• Indemnification
• Dispute Resolution
• Governing Law

13. Dispute Resolution & Arbitration

13.1 Informal Dispute Resolution

Before filing a legal claim, you agree to attempt to resolve disputes informally:

• 📧 Step 1: Email legal@towntap.app with a description of the dispute
• 📧 Step 2: Include your desired resolution
• 📧 Step 3: Allow 30 days for our response and resolution attempt

13.2 Binding Arbitration

If informal resolution fails, you agree that:

• ⚖️ All disputes shall be resolved through binding arbitration
• ⚖️ Arbitration will be conducted by the American Arbitration Association (AAA)
• ⚖️ Under the AAA's Consumer Arbitration Rules
• ⚖️ Arbitration will take place in Portage County, Ohio (or virtually)
• ⚖️ The arbitrator's decision is final and binding
• ⚖️ Judgment may be entered in any court of competent jurisdiction

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

• ✅ Claims for injunctive or equitable relief related to intellectual property
• ✅ Claims that may be brought in small claims court (under $10,000)
• ✅ Claims where arbitration is prohibited by law

13.5 Arbitration Costs

• 💰 Town Tap will pay AAA filing fees for claims under $10,000
• 💰 Each party bears their own attorneys' fees unless awarded by the arbitrator
• 💰 The arbitrator may award fees and costs per applicable law

13.6 Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing:

Email: optout@towntap.app
Subject: "Arbitration Opt-Out"
Include: Your name, email, and phone number

14. Governing Law & Jurisdiction

14.1 Governing Law

These Terms and any disputes arising from them shall be governed by the laws of the State of Ohio, United States, without regard to conflict of law principles.

14.2 Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Portage County, Ohio.

14.3 Venue

You waive any objection to venue in Portage County, Ohio, and any claim that such courts are an inconvenient forum.

14.4 International Users

If you are accessing Town Tap from outside the United States, you do so at your own risk and are responsible for compliance with local laws. By using the Service, you consent to the transfer of your information to the United States.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Town Tap regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms at any time without restriction.

15.5 Force Majeure

Town Tap shall not be liable for any failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, pandemic, or natural disasters.

15.6 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Town Tap.

15.7 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

15.8 Electronic Communications

By using the Service, you consent to receive electronic communications from us. These communications may include notices, agreements, and other information concerning the Service. Electronic communications satisfy any legal requirement that such communications be in writing.

15.9 California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

Complaint Assistance Unit:
California Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (916) 445-1254

16. Contact Information

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

Business Inquiries

• Partnerships: partnerships@towntap.app
• Press & Media: press@towntap.app
• Business Accounts: business@towntap.app