These Terms of Service (“Terms”) are a binding legal agreement between you and WhereTo (“WhereTo,” “we,” “our,” or “us”) governing your access to and use of the WhereTo mobile application, the website at wheretotpa.com, and all related features and content (collectively, the “Service”). By creating an account, tapping to accept, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and accounts
- You must be at least 21 years old and able to form a binding contract. We verify age at sign-up. Providing a false age is grounds for immediate, permanent termination and may violate law.
- One account per person. You are responsible for all activity under your account and for keeping your credentials secure.
- You agree to provide accurate information and keep it current.
- We may refuse, suspend, or terminate any account at our sole discretion, with or without notice, including for the reasons in Section 6.
2. License to use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on a device you own or control, and to use the Service, for your own non-commercial use. We reserve all rights not expressly granted.
3. Our intellectual property
The Service, including its software, design, text, graphics, logos, the “WhereTo” name and marks, and all related intellectual property, is owned by WhereTo or our licensors and is protected by law. Except for the limited license above, nothing gives you any right in our intellectual property. You may not use our name, logo, or marks without our prior written permission.
4. Your content
You retain ownership of content you create. You grant WhereTo a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, modify (for technical purposes such as resizing or transcoding), publish, publicly display and perform, and distribute your content in connection with operating, promoting, and improving the Service. This license continues for content you have shared with others until such copies are deleted, and otherwise ends when you delete the content or your account (allowing a reasonable time for removal from backups).
You represent and warrant that: you own or have all rights necessary to your content and to grant this license; your content does not infringe or violate any third party's intellectual property, privacy, publicity, or other rights; and your content complies with these Terms and applicable law. We have no obligation to store your content and may remove it at any time. You are solely responsible for backing up your content.
5. Feedback
If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without any obligation or compensation to you.
6. Community standards (EULA)
WhereTo has zero tolerance for objectionable content and abusive behavior. You agree not to post, share, or engage in any of the following, and violations may result in immediate content removal and permanent termination:
- Harassment, bullying, threats, doxxing, stalking, or targeted abuse.
- Hate speech or content that demeans people based on race, ethnicity, national origin, religion, disability, age, sex, gender identity, or sexual orientation.
- Sexual exploitation of any kind, including any sexual content involving minors, non-consensual intimate imagery, or content posted to sexualize or harm others.
- Content that promotes or facilitates illegal activity, including sale of drugs, weapons, or other illegal goods, prostitution, or trafficking.
- Credible threats of violence or content that incites or glorifies violence.
- Fraud, impersonation, fake listings or events, or misrepresenting affiliation or endorsement.
- Spam, scams, deceptive or repetitive promotion, or manipulation of the Service.
- Content that infringes intellectual property or violates others' rights or the law.
You also agree not to: reverse engineer, decompile, or attempt to extract source code; scrape, harvest, or collect data; access the Service by automated means except as we expressly allow; probe, scan, or test the vulnerability of the Service or breach security; interfere with, disrupt, or overload the Service; circumvent any access controls, rate limits, or usage restrictions; or use the Service for any unlawful purpose or in violation of any applicable law, including export and sanctions laws.
Reporting, moderation, and enforcement
Every post, comment, event, and profile includes a Report control, and you can block any user. We aim to review reports within 24 hours. We may, but are not obligated to, monitor content, and we may remove content and suspend or terminate accounts at our sole discretion and without liability. We may cooperate with law enforcement. If your account is terminated, you may not create a new one to evade the action.
7. Bar owner / manager subscriptions
If you are a verified bar owner or manager, you may purchase a paid subscription (for example, Verified, Pro, or Enterprise) to claim a listing and unlock manager features, and one-off promotions such as boosted events. These business services are billed by us through Stripe and governed by Stripe's terms; they are sold only to verified businesses and billed directly by us rather than through Apple in-app purchase, consistent with App Store Review Guideline 3.1.3(b). Subscriptions renew automatically until cancelled; you may cancel at any time, effective at the end of the current billing period. Except where required by law, fees are non-refundable and we do not refund partial periods. You are responsible for applicable taxes. We do not guarantee any particular result, reach, or outcome from any subscription or promotion. Consumer features are free.
8. Third parties, venues, events, and other users
The Service surfaces content and data from users and third parties, including bars and venues, events, ticketing providers such as Ticketmaster, maps, and links to other sites. We do not create, control, verify, endorse, or guarantee the accuracy, legality, safety, quality, or availability of any third-party or user content, venues, events, listings, wait times, cover charges, capacity, hours, prices, or availability. Live and crowd-sourced data is approximate and may be wrong or out of date. Always confirm details directly with the venue or provider before relying on them. Your dealings with venues, event organizers, ticketing providers, and other users are solely between you and them.
9. Assumption of risk and release
The Service helps you find and go to bars, events, and venues and interact with other people. You understand and agree that going out, consuming alcohol, traveling to venues, and meeting or interacting with other users — online or in person — involve inherent risks, including risk of property damage, illness, injury, or death. You use the Service and act on information from it at your own risk. We do not conduct background checks on users or venues and are not responsible for the conduct of any user, venue, or third party, whether online or offline.
To the fullest extent permitted by law, you release and forever discharge WhereTo and its owners, officers, employees, and agents from any and all claims, demands, damages, and liabilities of every kind, known or unknown, arising out of or related to your interactions with other users, venues, events, or third parties, or your attendance at or conduct at any venue or event. If you are a California resident, you expressly waive California Civil Code Section 1542 (a general release does not extend to unknown claims that, if known, would have materially affected the settlement), and you waive any similar law in any other jurisdiction.
10. Alcohol and safety disclaimer
WhereTo is an information and discovery service. We do not sell, serve, furnish, or deliver alcohol, and we are not a bar, venue, retailer, or alcohol licensee. We are not responsible for the service or over-service of alcohol, for any person's intoxication, or for any resulting harm, including impaired or drunk driving. Please drink responsibly, know your limits, and never drive impaired.
11. Disclaimers of warranties
THE SERVICE, INCLUDING ALL CONTENT AND DATA, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT OR DATA IS ACCURATE OR RELIABLE, OR THAT ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WHERETO AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH, ARISING OUT OF OR RELATED TO THE SERVICE, YOUR USE OF OR INABILITY TO USE IT, ANY CONTENT, OR ANY CONDUCT OF USERS OR THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.
13. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless WhereTo and its owners, officers, employees, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your content; your use of the Service; your violation of these Terms or of any law or third-party right; or your interactions with any user, venue, event, or third party. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate.
14. Termination
You may stop using the Service and delete your account at any time in Settings. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your license ends. Sections that by their nature should survive — including 3, 4 (for copies already shared), 5, and 8–19 — survive termination.
15. Third-party app stores (Apple / Google)
You obtain the App through the Apple App Store or Google Play, and their terms also apply. If you use an Apple device: these Terms are between you and WhereTo, not Apple; Apple has no obligation to provide support or maintenance for the App; Apple is not responsible for any product warranties or for addressing any claims relating to the App (including product-liability, legal-compliance, or intellectual-property claims); and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. embargo or designated as “terrorist supporting,” and are not on any U.S. government restricted-party list.
16. Dispute resolution; binding arbitration; class waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS FOR MOST DISPUTES.
- Informal resolution first. Before starting arbitration, email support@wheretotpa.com describing the dispute and give us 30 days to resolve it in good faith.
- Binding arbitration. Except as stated below, you and WhereTo agree that any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by a recognized provider (such as the American Arbitration Association) under its consumer rules, rather than in court. The Federal Arbitration Act governs this section.
- Class action and jury waiver. Claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative or class proceeding. YOU AND WHERETO WAIVE ANY RIGHT TO A JURY TRIAL.
- Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or stop unauthorized use of the Service.
- Opt-out. You may opt out of this arbitration and class-waiver section by emailing support@wheretotpa.com within 30 days of first accepting these Terms.
- Severability. If the class-action waiver is found unenforceable as to a claim, that claim (only) proceeds in court; the rest of this section still applies.
17. Governing law and forum
These Terms and any dispute are governed by the laws of the State of Florida, without regard to conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. For any matter not subject to arbitration, you and WhereTo consent to the exclusive jurisdiction and venue of the state and federal courts in Hillsborough County, Florida.
18. Time limit on claims
To the fullest extent permitted by law, any claim arising out of or related to the Service or these Terms must be filed within one (1) year after the claim arose; otherwise it is permanently barred.
19. General
- Changes. We may update these Terms; if material, we will give notice before they take effect, and continued use after the effective date means acceptance.
- Electronic communications. You consent to receive communications electronically, and agree electronic notices satisfy any requirement that they be in writing.
- Assignment. We may assign these Terms freely; you may not without our prior written consent, and any attempt is void.
- Force majeure. We are not liable for delay or failure due to causes beyond our reasonable control.
- Severability; no waiver; entire agreement. If a provision is unenforceable it is limited or removed to the minimum extent necessary and the rest remains in effect; our failure to enforce is not a waiver; these Terms and the Privacy Policy are the entire agreement about the Service.
- No agency. Nothing here creates any partnership, employment, agency, or joint venture.
20. Contact
WhereTo
[Business mailing address]
support@wheretotpa.com