Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

You represent that you are at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Service

blipped is an AI-powered going-out and local discovery platform. The Service provides personalized venue recommendations, AI-assisted outing planning, social features, and local event discovery. We use artificial intelligence and machine learning technologies to personalize your experience based on your preferences, behavior, and contextual factors such as time and location.

The Service is available through our mobile application and website. Features, functionality, and availability may vary by platform and region and may change over time without prior notice.

3. User Accounts

To access certain features of the Service, you must create an account using our secure authentication services. When creating and maintaining your account, you agree to:

• Provide accurate, current, and complete information during registration and keep your account information up to date.
• Maintain the security and confidentiality of your login credentials and not share your account with others.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at support@blipped.ai if you suspect unauthorized access to or use of your account.

We reserve the right to suspend or terminate accounts that contain false information, violate these Terms, or have been inactive for an extended period, at our sole discretion.

4. Acceptable Use and Prohibited Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, state, national, or international law or regulation.
• Harass, bully, threaten, abuse, defame, or intimidate other users or any third party.
• Post or transmit content that is unlawful, fraudulent, deceptive, obscene, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to the Service, other user accounts, or any computer systems or networks connected to the Service.
• Use automated means (including bots, scrapers, crawlers, or similar technologies) to access, collect data from, or interact with the Service without our prior written consent.
• Interfere with, disrupt, or place an undue burden on the Service or its underlying infrastructure.
• Upload viruses, malware, or other malicious code, or engage in any activity that could disable, overburden, or impair the functioning of the Service.
• Use the Service to send unsolicited communications, promotions, or advertisements ("spam").
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

5. Content and Recommendations

The Service uses artificial intelligence to generate venue recommendations, planning suggestions, and other personalized content. You acknowledge and agree that:

• AI-generated recommendations are suggestions only and do not constitute professional advice, endorsements, or guarantees of any kind.
• We do not guarantee the accuracy, completeness, timeliness, or reliability of AI-generated content, including but not limited to venue details, hours of operation, pricing, menus, availability, or safety conditions.
• You are solely responsible for independently verifying any information before making decisions based on our recommendations, including decisions related to travel, dining, or personal safety.
• Venue conditions, availability, and quality may change without notice and may differ from what is displayed in the Service.
• Recommendations are generated based on available data and algorithmic analysis, and may not reflect your actual preferences, needs, or circumstances in every case.
• blipped is not responsible for the quality, safety, legality, or any other aspect of third-party venues, events, or services recommended through the Service.

6. Intellectual Property

The Service, including its original content, features, functionality, design, graphics, logos, trademarks, and underlying technology (excluding User Content), are and shall remain the exclusive property of blipped and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and international jurisdictions.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service or any part thereof without our express prior written permission. "blipped" and all related names, logos, and product and service names are trademarks of blipped. You may not use such marks without our prior written permission.

7. User-Generated Content

The Service may allow you to post, upload, share, or otherwise make available content such as reviews, photos, ratings, comments, and other materials ("User Content"). By submitting User Content, you:

• Grant blipped a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your User Content in connection with operating, promoting, and improving the Service. This license continues even if you stop using the Service, but only with respect to User Content that has already been shared with other users or incorporated into the Service.
• Represent and warrant that you own or have the necessary rights, licenses, and permissions to post the User Content and to grant the license above, and that your User Content does not infringe or violate any third-party rights, including intellectual property, privacy, or publicity rights.
• Acknowledge that you are solely responsible for your User Content and the consequences of posting it.

Content Removal and DMCA Notices

We reserve the right to remove or disable access to any User Content that we believe, in our sole discretion, violates these Terms or applicable law. If you believe that content on the Service infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing, with sufficient detail to allow us to locate it on the Service.
• Your contact information, including name, address, telephone number, and email address.
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA notices should be sent to legal@blipped.ai.

8. Subscriptions and Payments

Certain features of the Service may require a paid subscription. If you purchase a subscription:

• Payment is processed securely through Stripe, our third-party payment processor. We do not directly store your full payment card details. Your use of Stripe is subject to Stripe's own terms and privacy policy.
• You authorize us to charge the payment method you provide for the subscription fees at the then-current rate, plus any applicable taxes.
• Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that date.
• You may cancel your subscription at any time through your account settings or by contacting us at support@blipped.ai.
• We reserve the right to change subscription pricing upon reasonable notice. Price changes will take effect at the start of the next billing cycle following the notice.
• Refunds are handled on a case-by-case basis. To request a refund, contact us within 14 days of the charge. We are not obligated to provide refunds except where required by applicable law.

9. Privacy

Your privacy is important to us. Our collection, use, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy. Please review the Privacy Policy carefully to understand how we handle your information.

10. Disclaimers and Warranty Disclaimer

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, blipped disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, blipped does not warrant that:

• The Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
• The results obtained from using the Service will be accurate, reliable, or meet your expectations.
• Any information about third-party venues, events, or services available through the Service is accurate, complete, or current.
• Defects in the Service will be corrected in a timely manner.

You use the Service at your sole risk. No advice or information, whether oral or written, obtained from blipped or through the Service shall create any warranty not expressly stated in these Terms.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall blipped, its directors, officers, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with:

• Your access to, use of, or inability to use the Service.
• Any unauthorized access to or alteration of your transmissions or data.
• Any content, conduct, or actions of any third party on or through the Service, including other users.
• Any decisions made or actions taken based on AI-generated recommendations or other content provided through the Service.
• Any third-party venues, products, or services accessed through or recommended by the Service.

In no event shall blipped's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service exceed the greater of (a) the total amount you paid to blipped during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty U.S. dollars ($50.00).

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

12. Indemnification

You agree to defend, indemnify, and hold harmless blipped, its directors, officers, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or any activity under your account.
• Your User Content or any content you post or share through the Service.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights.

blipped reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense of such claim.

13. Dispute Resolution and Arbitration

Informal Resolution

Before filing any formal proceeding, you agree to first contact us at legal@blipped.ai and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved this way.

Binding Arbitration

If we cannot resolve a dispute informally, you and blipped each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in English and take place in the county where you reside or, at your election, via telephone, video conference, or online proceedings.

Class Action Waiver

You and blipped agree that any arbitration or proceeding shall be conducted only on an individual basis, and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and blipped each waive the right to a jury trial and the right to participate in a class action.

Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court, provided the action remains in small claims court and is on an individual (non-class, non-representative) basis.

14. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or illegal activity, extended inactivity, or at the request of law enforcement.

You may terminate your account at any time by deleting it through your account settings or by contacting us at support@blipped.ai. Upon termination, your right to use the Service will immediately cease.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 7 (User-Generated Content), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 15 (Governing Law).

15. Governing Law and Jurisdiction

These Terms and any Dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms (including matters not subject to arbitration), you and blipped consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and blipped regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

18. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide reasonable notice, such as by posting a prominent notice within the Service, sending you an email, or displaying a notification in the application. The "Effective Date" at the top of these Terms indicates when the latest revisions were made.

Your continued use of the Service after revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and, if applicable, cancel your subscription.

19. Contact Information

If you have any questions, concerns, or feedback about these Terms, please contact us:

• Email: legal@blipped.ai
• Support: support@blipped.ai