Effective \(effectiveDate)
Welcome. By using Roundmate ("the App"), you agree to these Terms of
Service ("Terms"). Please read them carefully. If you don't agree, do
not use the App.
1.1 You must be at least 21 years old (United States) or of legal
drinking age in your country of residence to use Roundmate. By using
the App you confirm under penalty of perjury that you meet this age
requirement.
1.2 Roundmate is intended for adults of legal drinking age. We do not
knowingly collect information from anyone underage, and any account
discovered to belong to an underage user will be terminated immediately.
1.3 You may not use Roundmate while operating a motor vehicle, heavy
machinery, or performing any activity where impaired judgment could
cause harm to yourself or others.
2.1 Roundmate is a social tasting journal and presence app. It is NOT
a drinking game, a competition, a calorie tracker, a medical tool, or
a way to encourage anyone to consume more alcohol than they otherwise
would.
2.2 Roundmate does not measure, calculate, or estimate blood-alcohol
content. The App provides no warnings about intoxication, no medical
guidance, no clinical advice, and no recommendation to drink any
particular amount.
2.3 The 30-minute "round" countdown is an arbitrary social signal — it
is not a recommended pace of drinking, a safe-consumption guideline,
or a medical recommendation. Many drinks take longer than 30 minutes;
some take less.
3.1 YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN ALCOHOL CONSUMPTION.
Roundmate has no way of knowing — and is not responsible for — how
much you drink, how strong your drinks are, what other substances you
combine alcohol with, or any consequence of your drinking.
3.2 You acknowledge that alcohol consumption carries serious risks,
including but not limited to: physical injury, impaired judgment,
addiction, alcohol poisoning, liver disease, drunk driving offenses,
violence, regret, financial loss, and death. You accept these risks
entirely.
3.3 You agree never to drink and drive, never to drink and operate
machinery, never to drink to the point of harm to yourself or others,
and never to provide alcohol to anyone under the legal drinking age.
3.4 If you have, or suspect you may have, a problem with alcohol,
please use the App's "Responsible Drinking" resources or contact a
qualified professional. In the United States: Alcoholics Anonymous
(1-212-870-3400) or SAMHSA's National Helpline (1-800-662-HELP). In
Mexico: Alcohólicos Anónimos México (https://aamexico.org.mx).
4.1 You retain ownership of content you post (logs, photos, captions,
notes, ratings, broadcasts). You grant Roundmate a non-exclusive,
worldwide, royalty-free license to use, display, and reproduce your
content within the App and its marketing channels.
4.2 You agree not to post content that: (a) is illegal; (b) encourages
or facilitates underage drinking; (c) glorifies or promotes drunk
driving, alcohol abuse, or dangerous drinking practices; (d) targets
or solicits anyone under the legal drinking age; (e) violates anyone's
intellectual property; (f) is harassing, threatening, defamatory, or
sexually explicit; (g) contains misleading health claims about alcohol.
4.3 Roundmate has no tolerance for objectionable content or abusive
users. You may not harass, threaten, stalk, shame, impersonate, exploit,
or abuse another person. You may not post hate speech, sexual content,
graphic violence, spam, scams, or content that encourages excessive
alcohol consumption, underage drinking, drunk driving, or other physical
harm.
4.4 Users can report content and block other users inside the App. When
you block someone, their visible content is removed from your feed
immediately and a moderation notice is sent to Roundmate.
4.5 We review objectionable-content reports within 24 hours. If content
violates these Terms, we will remove it and may suspend or terminate the
account that posted it.
4.6 We may remove any content for any reason without notice.
5.1 Live broadcasts ("rounds"), location sharing, and friend status
are visible to people you have approved as friends, never publicly.
You may end any broadcast at any time.
5.2 You must not use location features to track, surveil, or harass
any person. You must not use Roundmate to coordinate the unauthorized
provision of alcohol to anyone underage.
5.3 If you tap "On my way" to join a friend's round, you authorize
Roundmate to display your approximate location and status to that
friend.
6.1 THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, including (without limitation)
implied warranties of merchantability, fitness for a particular
purpose, and non-infringement.
6.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ROUNDMATE, ITS OWNER (Justin Haase), ITS AFFILIATES, OR ITS
SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION
PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, LOST DATA, OR
EMOTIONAL DISTRESS — ARISING FROM YOUR USE OF, OR INABILITY TO USE,
THE APP. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY
(CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF
ROUNDMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 If any of the above limitations are held to be unenforceable in
your jurisdiction, Roundmate's total cumulative liability to you shall
in no event exceed the greater of (a) the amount you paid Roundmate in
the past twelve (12) months or (b) USD 50.
You agree to indemnify, defend, and hold harmless Roundmate, its
owner, its affiliates, employees, agents, and contractors from any
claim, demand, loss, damage, cost, or expense (including reasonable
attorneys' fees) arising out of or related to: (a) your use or misuse
of the App; (b) your alcohol consumption or any consequence thereof;
(c) your content; (d) your violation of these Terms; (e) your
violation of any law or the rights of any third party.
8.1 Any dispute arising under these Terms shall be resolved by binding
individual arbitration administered by the American Arbitration
Association under its consumer rules, conducted in English in San
Francisco, California (for U.S. users) or in Mexico City, Mexico (for
Mexican users).
8.2 YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION,
COLLECTIVE ARBITRATION, OR JURY TRIAL. Claims must be brought in your
individual capacity, not as a representative of any putative class.
8.3 You may opt out of this arbitration agreement within 30 days of
first using the App by emailing legal@roundmate.app with subject line
"Opt out of arbitration."
We may update these Terms from time to time. Material changes will be
announced via push notification or in-app banner before they take
effect. Continued use of the App after a change constitutes acceptance
of the updated Terms.
We may terminate or suspend your account at any time, with or without
notice, for any reason — including but not limited to abusive behavior,
objectionable content, violation of these Terms, or content that promotes
underage drinking, drunk driving, excessive consumption, or physical harm.
11.1 Roundmate respects intellectual property rights. If you believe
content on the App infringes your copyright, send a written notice to
legal@roundmate.app including: (a) your physical or electronic
signature; (b) identification of the copyrighted work claimed to be
infringed; (c) the URL or in-app location of the allegedly infringing
content; (d) your contact information; (e) a statement made under
penalty of perjury that you have a good-faith belief that the use is
unauthorized; and (f) a statement that the information in the notice
is accurate.
11.2 We will respond to valid DMCA notices within 7 business days,
typically by removing the content. Repeat infringers' accounts will
be terminated.
11.3 If you believe content of yours was wrongly removed, you may
submit a counter-notice to the same address.
Roundmate is not liable for any failure or delay in performing its
obligations under these Terms when caused by events beyond its
reasonable control — including acts of God, war, terrorism, civil
unrest, pandemics, governmental restrictions, network outages, or
failures of third-party service providers (Apple's APNs, Supabase,
Vercel, etc.).
13.1 If any provision of these Terms is held to be unenforceable, the
remaining provisions stay in full force and effect.
13.2 These Terms (together with the Privacy Policy) constitute the
entire agreement between you and Roundmate concerning the App and
supersede any prior agreements, whether written or oral.
13.3 Roundmate's failure to enforce any right or provision in these
Terms is not a waiver of that right or provision.
13.4 You may not assign or transfer these Terms (or any rights or
obligations under them) without Roundmate's prior written consent.
Roundmate may assign these Terms freely.
For questions about these Terms, email legal@roundmate.app.
These Terms are governed by the laws of the State of California, USA
(for U.S. users) and the United Mexican States (for Mexican users),
without regard to conflict-of-laws principles. The United Nations
Convention on Contracts for the International Sale of Goods does not
apply.
YOU MUST NOT USE ROUNDMATE IF YOU DO NOT ACCEPT THESE TERMS. By
opening the App, you confirm you have read, understood, and agree to
be bound by them.