Term of Use
Welcome to Suppa, operated by Suppasocial Limited
(“us,” “we,” the “Company” or “Suppa”).
We may make changes to this Agreement and to the Services from time to time.
We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on swipemeeteat.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
- you can form a binding contract with Suppa,
- you are not a person who is barred from using the Serviceunder the laws of the United Kingdom or any other applicable jurisdiction–meaning that you do not appear onthe UK Governments list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Suppa, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact [email protected]
4. Modifying the Services and Termination
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., App Store). Suppa may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Suppa: Section 4, Section 5, and Sections 12 through 19.
5. Safety; Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT SUPPA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SUPPA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. SUPPA RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
6. Rights Suppa Grants You
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Suppa’s prior written consent.
- express or imply that any statements you make are endorsed by Suppa.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security of the Services.
- forge headers or otherwise manipulate identifiers in orderto disguise the origin of any information transmitted to orthrough the Service
- “frame” or “mirror” any part of the Service without Suppa’s prior written authorization.
- use meta tags or code or other devices containing any reference to Suppa or the Service (or any trademark, trade name, service mark, logo or slogan of Suppa) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
- use, access, or publish the Suppa application programming interface without our written consent.
- probe, scan or test the vulnerability of our Services or any system or network.
- encourage or promote any activity that violates this Agreement.
7. Rights you Grant Suppa
By creating an account, you grant to Suppa a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”).Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may beviewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Suppa users).
You agree that all information that you submit upon creation ofyour account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Suppa above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Suppa allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Suppa regarding our Services, you agree that Suppa may use and share such feedback for any purpose without compensating you.
You agree that Suppa may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules.
By using the Services, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, harass or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred orphysical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account.
- create another account if we have already terminated your account, unless you have our permission.
9. Other Users’ Content
In App Purchases. From time to time, Suppa may offer products and services for purchase (“in app purchases”) through App Store,Google Play or other application platforms authorized by Suppa (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in apppurchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live.If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your
Suppa Online Purchases. If you choose to make a purchase through Suppa Online, you agree to pay Suppa all charges at the prices displayed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Suppa to charge your chosen payment provider (your “Payment Method”). Suppa may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Suppa may terminate your account immediately in its sole discretion.
If you purchase a subscription through Suppa Online, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period,at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your creditor debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside
of the United Kingdom, you agree that your payment to Suppa will be through Suppasocial Limited.
Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Super Likes (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items isbeing transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitutea real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Suppa ceases providing the Service or your account is otherwise closed or terminated. Suppa, in its sole discretion, reserves theright to charge fees for the right to access or use Virtual Itemsand/ or may distribute Virtual Items with or without charge. Suppa may manage, regulate, control, modify or eliminate Virtual Items at any time. Suppa shall have no liability to you or any third party in the event that Suppa exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Suppa thatcommences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT SUPPA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANYREASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partiallyused periods. We may make an exception if a refund for in app purchases or another subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For Suppa subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the Suppa subscription begins. Please note that this 14-day period commences when the subscription starts.
For Suppa Plus subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this Agreement, excluding Sundays and holidays. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Suppa) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:If you subscribed to Suppa using your Apple ID, refunds are handled by Apple, not Suppa. You can submit a request at https://getsupport.apple.com.
11. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at [email protected]
Suppa will terminate the accounts of repeat infringers
SUPPA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND,WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SUPPA DOES NOT REPRESENT OR WARRANT THAT (A) THESERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILLBE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
SUPPA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
SUPPA TAKES NO RESPONSIBILITY FOR ANY USERS EXPERIENCE AT A RESTAURANT LISTED ON OUR APP OR WEBSITE.
13. Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Suppa is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Suppa is not responsible or liable for such third parties’ terms or actions.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPPA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY,OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESSTO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF SUPPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SUPPA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SUPPA FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Governing Law
This agreement is governed by English law.
All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in English Courts, and youand Suppa consent to personal jurisdiction in those courts.
17. Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Suppa, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content,or your breach of this Agreement.
18. Entire Agreement; Other