Terms of Service

Minimum age. You must be at least twenty-one (21) years of age to create an account or use the Services. By using the Services you represent and warrant that you are at least 21 years old and are of legal drinking age in the jurisdiction where you are placing an order. The Services are not directed to, and may not be used by, anyone under 21. We will terminate any account we determine belongs to a person under 21.

Your account is personal. Your account is for your personal, non-commercial use only. You may not share, sell, lend, or transfer your account or allow any other person to place orders through it. You are responsible for all activity under your account and for keeping your device and credentials secure.

How you agree to these Terms. You agree to these Terms by affirmatively accepting them — by checking the acceptance box or tapping a button presented together with a link to these Terms and our Privacy Policy — during account creation, and again whenever we present updated Terms for acceptance. We keep a record of the date, time, and version of the Terms you accepted.

Changes to these Terms. We may update these Terms from time to time.

(a) For any material change, we will give you reasonable advance notice through the Services, by in-app notice, or by email before the change takes effect, and we will update the "Last Updated" date and version number above.

(b) Your continued use of the Services after a material change takes effect constitutes acceptance of the updated Terms. If you do not agree to a change, you must stop using the Services and may close your account.

(c) Any order you place is governed by the version of these Terms in effect at the time you place it. A later change does not apply retroactively to a completed order.

(d) Changes to Section 19 (Dispute Resolution & Arbitration) will not apply to you unless you affirmatively accept them. If you do not accept a change to Section 19, the version of Section 19 you last accepted continues to govern disputes between us.

Prior versions. We make prior versions of these Terms available on request.

What threedeep is. threedeep is a technology platform that lets you browse offers, place orders, and pay at participating bars, restaurants, and hospitality establishments ("Merchants"). threedeep is not a bar, restaurant, retailer, or provider of food or beverages.

The Merchant is the seller of record. Each Merchant is the seller of record for all products ordered through the Services and is the holder of the alcoholic beverage licence under which any alcoholic beverage is sold. threedeep does not sell, offer for sale, hold title to, take possession of, prepare, serve, or deliver any alcoholic beverage or any other product.

Payment agency. Solely for the purpose of collecting payment, threedeep acts as the Merchant's limited agent. Your payment through the Services discharges your payment obligation to the Merchant to the extent of the amount paid, and you are not required to pay the Merchant again for that order. threedeep is compensated by Merchants through a per-transaction Transaction Fee — a disclosed percentage of the total transaction amount plus a fixed per-transaction amount — for use of its technology and payment facilitation, as set out in the Merchant Services Agreement. threedeep holds no ownership or profit interest in any Merchant.

No interest in any licence. threedeep holds no ownership interest, revenue interest, security interest, or other direct or indirect interest in any Merchant's alcoholic beverage licence or licensed business, and exercises no control over the operation of any licensed premises.

No other agency. Except as expressly set out in Section 2.3, threedeep is not an agent, employee, partner, joint venturer, or representative of any Merchant. threedeep does not control Merchant operations, including menu offerings, base pricing, recipes, pour sizes, alcohol content, staffing, service speed, or house policies.

No endorsement. threedeep does not endorse, guarantee, or assume responsibility for the quality, safety, legality, or suitability of any product or service offered by any Merchant. Your relationship with a Merchant is independent of your relationship with threedeep, and any dispute regarding the quality, preparation, or contents of food or beverages is between you and the Merchant.

Fulfilment. All responsibility for the preparation, accuracy, and service of orders rests with the Merchant. threedeep is not responsible for order fulfilment, delays in service, errors in preparation, incorrect items, or a Merchant's failure to honour an order — except that refunds for unfulfilled orders are handled as described in Section 10.3.

Placing an order. Submitting an order through the Services is a request to the Merchant to prepare and provide that order. Completing payment does not guarantee that an order will be prepared, served, or fulfilled. See Section 10.

Authorisation and capture. When you submit an order, you authorise threedeep and its payment processor to charge your selected payment method for the order total, and funds are captured immediately when you confirm payment — before the Merchant prepares or fulfils the order. If the Merchant declines the order or is unable to fulfil it, the captured amount is refunded in accordance with Section 10.3.

Price and total. The price you pay is the price displayed at the moment you complete and pay for your order. Before you pay, the Services will display the full amount you will be charged, itemised to show the product price, any taxes, any service or platform fees, and any tip you have selected. Prices displayed in the Services do not include applicable sales tax; the total shown at checkout is the amount that will be charged.

Taxes. You are responsible for all applicable sales and excise taxes on your order. Taxes are collected and remitted by or on behalf of the Merchant as required by law.

Tips — where your tip goes. Tipping through the Services is optional and you may set any tip to zero, with one exception: The Wheel's displayed total includes a required 20% gratuity, shown before you pay, which passes through to the Merchant for its staff.

(a) threedeep retains no portion of any tip. One hundred percent (100%) of every tip you leave is transmitted to the Merchant for distribution to service employees in accordance with applicable law.

(b) The Merchant's Transaction Fee is calculated on the total transaction amount, including tax and any tip. Your tip itself passes through to the Merchant in full for its staff — the fee is charged to the Merchant, never deducted from the tip amount owed to staff.

(c) threedeep does not direct, allocate, or participate in the distribution of tips among a Merchant's employees. Distribution is the Merchant's responsibility under applicable wage and hour law.

Service and platform fees are not gratuities. Any amount identified in the Services as a "service fee," "platform fee," or "processing fee" is not a gratuity or tip, is not distributed to service employees, and is retained by threedeep or the payment processor as applicable. This disclosure is provided in the Services at the point of checkout as well as here.

Payment processing. Payments are processed by Stripe, Inc. and, where applicable, its affiliates. By using the Services you agree to Stripe's terms of service and privacy policy. threedeep does not store your full payment card number or bank account number on its servers.

Digital wallets. If you pay using Apple Pay, Google Pay, or another digital wallet, you consent to threedeep receiving your name and the account information the wallet provider makes available, for the purpose of order fulfilment — including allowing Merchant staff to identify you and hand you your order.

Third-party processors. threedeep is not responsible for the practices, policies, or failures of third-party payment processors. Issues attributable to a processor — including transaction errors, delays, or security incidents at the processor — are governed by that processor's terms and policies. This does not limit any right you have under Section 12.1.

Privacy Policy. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

Information we collect. To operate the Services we collect information including your name, contact details, age-verification status, device identifiers, order and transaction history, and, where you enable it, device location.

Precise location. If you enable location services, we use your device's precise geolocation solely to show you nearby participating Merchants and the offers available at them, and to confirm you are at a Merchant when required to place an order. We do not use precise location for advertising or profiling, and we do not sell or share it. You may disable location access at any time in your device settings; some features will not work without it. We retain precise location data for no longer than necessary for the purposes described above, and then delete or de-identify it.

We do not sell or share your personal information. threedeep does not sell your personal information, and does not share it for cross-context behavioural advertising, as those terms are defined under applicable state privacy law.

Your rights. Depending on where you live, you may have the right to access, correct, delete, or port your personal information, and to appeal a decision on such a request. You can exercise these rights via our Privacy Policy or by writing to hello@threedeep.io. We will not discriminate against you for exercising them.

Retention. We keep personal information only as long as needed for the purposes described in the Privacy Policy or as required by law, including records we must keep to demonstrate compliance with alcoholic beverage regulations.

On-device authentication. The Services may offer sign-in or verification using your device's built-in authentication, such as Face ID, Touch ID, fingerprint recognition, or platform passkeys. This authentication is performed entirely on your device by your device's operating system.

We receive no biometric data. threedeep does not collect, capture, receive, purchase, store, or have access to your fingerprint, face geometry, voiceprint, retina or iris scan, hand or facial geometry, or any other biometric identifier or biometric information — including as those terms are defined under the Illinois Biometric Information Privacy Act (740 ILCS 14/), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), and Washington RCW 19.375. threedeep receives only a cryptographic credential confirming that your device authenticated you successfully.

Your device provider's terms. Your use of on-device authentication is also governed by your device manufacturer's and operating system's terms and privacy practices.

Transactional messages. By using the Services you consent to receive messages relating to your orders, your account, and these Terms. These are necessary to provide the Services and cannot be disabled while your account is open.

Promotional messages. Where you opt in, you may receive promotional push notifications, emails, or text messages about Live Drink Specials and other offers. Consent to receive marketing messages is not a condition of any purchase. You may opt out at any time — by replying STOP to a text message, using the unsubscribe link in an email, or turning off promotional notifications in your device or app settings.

Text messages. If you opt in to text messages, you consent to receive automated marketing text messages from threedeep at the mobile number you provide. Message frequency varies. Message and data rates may apply. Reply HELP for help and STOP to cancel.

What TAB is. threedeep may, at its sole discretion, offer promotional credits ("Bar Tab Credits," "TAB Credits," or "TAB"). TAB may be applied toward qualifying orders at participating Merchants, subject to the terms shown at the time of issuance.

TAB is not money. TAB is a promotional loyalty benefit only. TAB is not a gift card, gift certificate, stored-value card, prepaid access, deposit, security, or bank instrument. TAB is not purchased for money and is never sold to you. TAB has no cash value, is not property, and does not constitute a claim against threedeep or any Merchant for cash.

How TAB is earned. TAB is earned only through promotions threedeep offers in its sole discretion — for example, a percentage of qualifying purchases, streak or milestone rewards, referral rewards, or goodwill adjustments. The methods, rates, and caps may be added, changed, limited, paused, or discontinued at any time. TAB is never awarded as the outcome of The Wheel or of any other randomised or chance-based mechanic. See Section 9.5.

How TAB is redeemed. TAB may be redeemed only toward qualifying orders at participating Merchants, subject to any minimums, exclusions, and conditions shown at the time of redemption. TAB may not be sold, transferred, assigned, or moved between accounts or users, and may not be redeemed or exchanged for cash, gift cards, or any transferable instrument.

Alcohol restrictions. TAB may not be applied to alcoholic beverages in any jurisdiction where the discounting, complimentary provision, or promotional pricing of alcoholic beverages by that method is restricted or prohibited. Where such a restriction applies, TAB may be applied only to food and non-alcoholic items. threedeep configures this restriction by jurisdiction.

Expiry and forfeiture. TAB may expire after a period of inactivity or as otherwise disclosed at issuance. Fraud, abuse, manipulation, or the initiation of a chargeback in breach of Section 12 may result in reversal or forfeiture of TAB and termination of your account.

Termination and TAB. If threedeep terminates or suspends your account without cause, any unredeemed TAB in your account remains available for redemption for thirty (30) days after we notify you. If your account is terminated for cause under Section 16, unredeemed TAB is forfeited immediately.

Taxes. You are responsible for any tax arising from the earning or redemption of TAB.

Program changes. threedeep may modify, suspend, or terminate the TAB program at any time. Where practicable we will give notice and a redemption window before terminating the program. TAB programs are void where prohibited.

What they are. The Services may present time-limited, event-driven, or dynamically priced offers, including features threedeep markets as "The Line," "The Shot," and "The Drop" (collectively, "Live Drink Specials").

Who sets prices. The Merchant sets its own base prices and approves the pricing rules that apply at its establishment, including any floor price, ceiling price, maximum discount, eligible items, and times of day. threedeep's technology applies the parameters the Merchant has approved. threedeep does not set Merchant prices and is not responsible for a Merchant's pricing decisions or for a Merchant's compliance with applicable pricing, promotion, or alcoholic beverage laws.

The price you pay. The price you pay is the price displayed at the moment you complete and pay for your order. Displayed prices may rise or fall in real time and threedeep does not guarantee that any previously displayed price will remain available. Where a feature offers a temporary price hold, the duration and terms of that hold are shown when it is offered.

No guarantee of availability. threedeep does not guarantee that any Live Drink Special will appear, activate, trigger, reach any particular price, or remain available for any period. Features that respond to real-world events rely on third-party data that may be delayed, incomplete, or inaccurate.

Errors and mis-triggers. If you are charged for a Live Drink Special that did not in fact activate, or at a price other than the price displayed to you when you paid, you are entitled to a refund of the difference or of the full amount charged, as applicable. Contact support through the Services. This is your remedy for a mis-triggered, late, early, duplicated, or erroneous Live Drink Special, and threedeep is not otherwise liable for such an event.

Third-party references. References to any team, league, event, venue, or brand within the Services are for identification purposes only and do not imply affiliation with, sponsorship by, or endorsement by that party.

What The Wheel is. The Wheel is an optional feature in which you pay a fixed, disclosed price per beverage and a randomised selection determines which qualifying beverage you receive. You may purchase more than one beverage in a single Wheel purchase (up to the disclosed per-purchase maximum); each beverage purchased receives its own randomised outcome and carries every guarantee in this Section. You always receive the number of beverages you paid for — the randomised selection determines only which beverages you receive, never whether you receive them.

Value of every outcome. Every possible outcome of The Wheel is a beverage that the Merchant offers on its regular menu at a listed price not less than the base per-beverage price of that Wheel and not more than 150% of it. You are purchasing a beverage of at least the value you pay. You do not stake, risk, or wager your payment, and there is no outcome in which you receive nothing or receive something of lesser value than you paid.

Disclosure before you pay. Before you complete a Wheel purchase, the Services display: the price you will pay; the complete list of every possible outcome; and the probability of each outcome. You can review this information before deciding whether to purchase.

How outcomes are determined. Outcomes are determined by a random selection process operating at the probabilities disclosed to you under Section 9.3. threedeep does not vary Wheel outcomes or probabilities based on your identity, your spending level, your order history, your session, or how many times you have used the feature. The displayed probabilities are the actual probabilities.

What The Wheel never does. The Wheel does not include, and will not award:

(a) any "no drink," "try again," "lose," or nominal-value outcome;

(b) cash, gift cards, vouchers, or comped tabs. The only credit The Wheel can award is the threedeep-funded promotional Bar TAB Credit bonus described in Section 9.11;

(c) any outcome that is transferable or assignable between users or accounts; or

(d) any double-or-nothing, escalating-stakes, or paid-retry mechanic. If the bonus described in Section 9.11 triggers, the wheel automatically re-spins for your beverage at no additional cost — you never pay for a re-spin, and the bonus never replaces your beverage.

Limits. One spin per beverage purchased; spins may not be purchased in advance or separately from a beverage. A single Wheel purchase may include up to six beverages (each with its own spin and the guarantees of this Section). threedeep applies a disclosed cap of twelve (12) Wheel beverages per signed-in account per day, in addition to the limits in Section 11.2.

A non-alcoholic outcome is always available. You may request a non-alcoholic beverage of equivalent value instead of the outcome selected, at any time and for any reason, at no additional cost. Merchant staff may also substitute a non-alcoholic beverage for any person who cannot lawfully be served.

The Merchant configures its own Wheel. Each Merchant selects and approves every beverage available on its Wheel and the price at which The Wheel is offered, within the parameters of Section 9.2. threedeep does not choose which alcoholic beverages a Merchant offers.

Service is not guaranteed. A Wheel purchase is subject to age verification and to the Merchant's right to refuse service under Section 10.2. If the Merchant refuses, cancels, or cannot fulfil your Wheel purchase, you are entitled to a full refund of the amount paid in accordance with Section 10.3.

Bonus TAB Credits. Independently of which beverage you receive, a spin may additionally trigger a promotional Bar TAB Credit award at odds disclosed before you pay. This bonus is funded entirely by threedeep (never by the Merchant), is promotional, has no cash value, is subject to Section 8 (Bar TAB Credits), and never replaces, reduces, or substitutes for the beverage you purchased — every spin still delivers a beverage meeting Section 9.2. threedeep may modify or discontinue the bonus at any time.

Availability by jurisdiction. The Wheel is disabled by default and is enabled only in jurisdictions and at Merchants where threedeep has determined it is permitted, and only after documented review. The Wheel is void where prohibited. threedeep may modify, limit, condition, or disable The Wheel in any jurisdiction, at any Merchant, or for any user at any time.

Fulfilment is by the Merchant. All preparation, service, and fulfilment is performed by the Merchant. Completing payment does not guarantee that an order will be prepared, served, or fulfilled.

Age verification and refusal of service. The Merchant is responsible for verifying that you are of legal drinking age and may lawfully be served. You agree to present valid, unexpired government-issued photo identification on request. The Merchant and its staff retain sole discretion to refuse, delay, cancel, or substitute service — including for suspected intoxication; absent, invalid, or expired identification; suspected underage purchase or purchase on behalf of a person under 21; or disorderly conduct — consistent with responsible beverage service obligations and applicable law. threedeep does not make and is not responsible for a Merchant's service decisions.

Refunds for unfulfilled orders. If a Merchant refuses, cancels, or is unable to fulfil an order you have paid for, you will receive a refund of the amount paid for that unfulfilled order to your original payment method, processed by threedeep and/or the Merchant. Refunds are typically issued within 5–10 business days depending on your payment provider. Except as required by applicable law and as provided in Section 8.5, a refund of the amount paid for the unfulfilled order is your sole and exclusive remedy for a Merchant's failure to fulfil an order.

How to request a refund. Contact support through the Services or at hello@threedeep.io. We aim to respond within 2 business days.

Your responsibilities. You agree to drink responsibly and in accordance with all applicable laws. You agree that you will not use the Services to purchase alcohol for any person under the legal drinking age, for any person who is visibly intoxicated, or for any person who has been refused service. You agree not to operate a motor vehicle or engage in any activity requiring unimpaired judgement while intoxicated.

Ordering limits. threedeep applies platform-level limits on the number of alcoholic beverages that may be included in a single order, and rate limits on how quickly orders may be placed. Merchants may configure additional per-order limits. These limits are a compliance feature of the platform. They are not a measure of what is safe for you, and staying within them does not mean you are safe to drink, to drive, or to continue drinking. Only you and the Merchant's staff can judge that.

Merchant cutoff. A Merchant may suspend your ability to order through the Services at its premises for the remainder of a visit, at its discretion and consistent with its responsible beverage service obligations. You agree not to attempt to circumvent a suspension, including by using another account, another device, or another person.

Assumption of risk. You acknowledge that the consumption of alcoholic beverages involves inherent risks, including impaired judgement, impaired motor skills, health risks, intoxication, alcohol poisoning, injury, and death. You voluntarily assume these risks with respect to your own purchase and consumption of alcoholic beverages ordered through the Services.

What threedeep does not do. threedeep is not a bar, bartender, server, or alcohol provider. threedeep does not prepare, pour, serve, or hand you any beverage; does not observe you; and does not assess your level of intoxication. Decisions about whether to serve you, how much to serve you, and when to stop are made by the Merchant and its staff at the point of service.

What this release does NOT cover. This release does not apply to, and nothing in these Terms releases, limits, or waives:

(a) gross negligence, recklessness, wilful misconduct, or fraud;

(b) any claim that may not be released or limited under applicable law;

(c) any claim for wrongful death, to the extent such a claim may not be released in advance; or

(d) any statutory right you have under consumer protection or other law.

Third parties are not affected. Nothing in this Section releases, limits, waives, or otherwise affects any claim of any person who is not a party to these Terms. This includes any claim by a person injured by an intoxicated individual, and any claim under a dram shop, civil damages, or similar statute.

Severability within this Section. If any part of this Section 11 is held unenforceable, that part is severed and the remainder of the Section, and of these Terms, continues in full force.

Your statutory rights come first. Nothing in this Section limits or waives any right you have under federal, state, or local law — including your right to dispute an unauthorised or incorrect charge with your financial institution under the Fair Credit Billing Act, the Electronic Fund Transfer Act, or their implementing regulations. You may exercise those rights at any time regardless of anything else in this Section.

What we ask you to do first. If a charge looks wrong, or you are dissatisfied with something you received from a Merchant, we ask that you:

(a) raise it with the Merchant at the establishment, at the time of service or within a reasonable time afterwards; and

(b) if that does not resolve it, contact threedeep support through the Services or at hello@threedeep.io.

We will investigate in good faith and aim to respond within 5 business days. In our experience this resolves disputes faster than a chargeback does, and it is the only route that can also fix the underlying problem at the Merchant.

What we may do. If a chargeback is initiated, threedeep may (a) contest it with your payment provider using available transaction data, and (b) suspend your account pending resolution. Where we determine in good faith that a chargeback was fraudulent — for example, where the order was demonstrably fulfilled and received — we may additionally terminate your account and recover amounts owed through available legal remedies.

Our records. threedeep maintains transaction records including proof of purchase, order details, timestamps, payment confirmation, and device information, and may use them to respond to a dispute.

State variations. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or of implied warranties, so some of the above may not apply to you. In those jurisdictions liability is limited to the greatest extent permitted by law.

Your indemnity. You agree to indemnify, defend, and hold harmless threedeep, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law; (d) your purchase or consumption of alcohol or any other product; (e) any claim arising from your intoxication, impairment, or conduct; or (f) your breach of any representation or warranty in these Terms.

Exclusion. This indemnity does not apply to any claim to the extent it arises from threedeep's own negligence, gross negligence, wilful misconduct, or breach of these Terms.

Procedure. threedeep will notify you promptly of any claim for which it seeks indemnification and may, at its option, assume the defence with counsel of its choosing. You may participate at your own expense. Neither party will settle a claim in a way that imposes liability or an admission of fault on the other without that party's prior written consent, which will not be unreasonably withheld.

By you. You may stop using the Services and close your account at any time through the Services or by contacting hello@threedeep.io.

By threedeep for cause. We may suspend, restrict, or terminate your access immediately, with notice where practicable, for: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) providing false information, including as to your age; (d) attempting to circumvent an ordering limit, a Merchant cutoff, or a suspension; or (e) conduct we reasonably determine is harmful to threedeep, Merchants, other users, or third parties.

By threedeep without cause. We may terminate or suspend your access without cause on reasonable notice. In that case Section 7.7 applies to any unredeemed TAB.

Effect. Termination does not relieve you of obligations incurred before termination. Sections 2, 3.5, 4, 11, 12, 13, 14, 15, 17, 19, and 20 survive termination.

Licence to you. threedeep grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for their intended personal, non-commercial purpose. All software, trademarks, logos, designs, and content within the Services are owned by threedeep or its licensors. No rights are granted except as expressly stated. Merchant staff use of threedeep tools is governed by a separate agreement between threedeep and the Merchant, not by these Terms.

Prohibited conduct. You agree not to: (a) use bots, scripts, scrapers, or automated means to place orders, use The Wheel, or interact with Live Drink Specials; (b) manipulate, reverse-engineer, probe, or exploit pricing, triggers, promotions, The Wheel, or TAB; (c) circumvent any limit, rate, cap, cutoff, or restriction; (d) resell, transfer, or commercialise orders, TAB, or access to the Services; (e) create multiple accounts, or use another person's account, to evade a limit or suspension; or (f) interfere with, disrupt, or place undue load on the Services. Violation may result in cancellation of affected orders, forfeiture of TAB, and suspension or termination, in addition to any other remedy.

Feedback. If you send us suggestions, ideas, or feedback about the Services, you grant threedeep a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without obligation or attribution to you.

Scope. This Section applies if you obtained the threedeep application from the Apple App Store or the Google Play Store, and is in addition to the rest of these Terms. In the event of a conflict between this Section and the rest of these Terms with respect to an application obtained from the Apple App Store, this Section governs.

Acknowledgement. These Terms are concluded between you and threedeep only, and not with Apple Inc. or Google LLC. threedeep, not Apple or Google, is solely responsible for the threedeep application and its content.

Scope of licence. The licence granted to you in Section 17.1 for the application obtained from the Apple App Store is limited to a non-transferable licence to use the application on any Apple-branded product that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

Maintenance and support. threedeep is solely responsible for providing maintenance and support for the application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.

Warranty. threedeep is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.

Product claims. threedeep, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and use of it, including: (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

Intellectual property claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, threedeep, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of that claim.

Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer contact. Questions, complaints, or claims about the application should be directed to Three Deep Hospitality, LLC at hello@threedeep.io.

Third-party terms. You agree to comply with applicable third-party terms of agreement when using the application — for example, your wireless data service agreement.

Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Governing law. These Terms and any dispute arising out of them or the Services are governed by the laws of the State of New York, without regard to conflict of laws principles. Nothing in these Terms deprives you of the protection of any mandatory consumer protection law of the state in which you reside. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce.

Informal resolution first. Before starting an arbitration or a court proceeding, you and threedeep each agree to try to resolve the dispute informally.

(a) The party raising the dispute must send an individualised written Notice of Dispute describing the dispute, the specific facts giving rise to it, and the relief sought. You send yours to hello@threedeep.io with a subject line beginning "LEGAL:", or to the address in Section 18.9. We send ours to the email on your account.

(b) A Notice of Dispute must be personally signed by the individual claimant (and by their counsel, if represented) and must be specific to that claimant. A mass or form notice that does not describe the individual claimant's own facts does not satisfy this Section.

(c) The parties will attempt in good faith to resolve the dispute for sixty (60) days after the Notice is received, including through a telephone or video conference if either party requests one.

(d) Applicable statutes of limitation are tolled while this process is ongoing. Completing this process is a condition precedent to commencing arbitration, and either party may seek a court order to enforce it.

Agreement to arbitrate. If the dispute is not resolved under Section 19.2, you and threedeep agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration, and not in court, except as provided in Sections 19.7 and 19.8.

Rules and administrator. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. Where applicable, the AAA Mass Arbitration Supplementary Rules and Mass Arbitration fee schedules also apply. The rules are available at adr.org. If the AAA is unavailable or unwilling to administer consistent with these Terms, the parties will agree on an alternative administrator, or a court will appoint one.

Procedure, seat and costs. Arbitration will be conducted in the county where you reside, or at another mutually agreed location, or — if you prefer — by telephone, video, or on written submissions only. For claims of $25,000 or less, the arbitration will be decided on written submissions unless you request a hearing. threedeep will pay AAA filing, administrative, and arbitrator fees in excess of what you would have paid to file in court, except where the arbitrator determines a claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys' fees, except where a statute provides otherwise. The arbitrator may award any relief available in court to that individual claimant, including statutory and injunctive relief specific to that claimant.

Delegation. The arbitrator has exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of it is void or voidable. The sole exception is the Class Action Waiver in Section 19.10, the enforceability of which will be decided by a court and not by an arbitrator.

Batching of coordinated claims. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against threedeep by or with the assistance of the same or coordinated counsel:

(a) the parties agree the demands will be administered in staged batches of no more than fifty (50) at a time;

(b) a process arbitrator may be appointed, including under the AAA Mass Arbitration Supplementary Rules, to resolve disputes about batching, administration, fees, and the sufficiency of Notices of Dispute under Section 19.2; and

(c) applicable limitations periods are tolled for demands awaiting assignment to a batch.

This Section is intended to make coordinated claims workable and affordable for both sides; it is not intended to and does not prevent any individual claimant from obtaining a decision on the merits.

Carve-outs. Notwithstanding this Section: (a) either party may bring an individual claim in small claims court if it qualifies and remains there; (b) either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information; and (c) either party may bring an action in court to compel arbitration or enforce Section 19.2.

Your right to opt out of arbitration. You may opt out of this Arbitration Agreement within thirty (30) days after you first accept these Terms (or, if Section 19 is materially amended and you accept the amendment, within 30 days after that acceptance). To opt out, send written notice including your name and the email or account associated with your use of the Services to hello@threedeep.io with a subject line beginning "LEGAL:" — for example, "LEGAL: Arbitration Opt-Out" — or by mail to the address in Section 18.9. Opting out affects only Sections 19.3 through 19.7 and 19.10; the rest of these Terms, including Section 19.1, continue to apply. Opting out will not affect your account, your access to the Services, or how you are treated in any way.

Severability and blowup. If the Class Action Waiver is found unenforceable as to a particular claim or a particular request for relief, that claim or request is severed and heard in a court of competent jurisdiction in the State of New York, and the remaining claims proceed in arbitration. If the Class Action Waiver is found unenforceable in its entirety, then this entire Arbitration Agreement is null and void as to the affected dispute, which will proceed in court. Under no circumstances do the parties consent to class, collective, or representative arbitration.

Venue for court proceedings. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York, except where Section 19.11 or applicable law provides otherwise.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and threedeep with respect to the Services and supersede all prior agreements and understandings.

Severability. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions continue in full force. Section 19.11 governs severability within the Arbitration Agreement.

No waiver. Our failure to enforce any right or provision is not a waiver of it.

Assignment. threedeep may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets, or to an affiliate, on notice to you. You may not assign or transfer these Terms without our prior written consent.

Survival. The Sections listed in Section 16.4 survive termination of these Terms or of your account.

Force majeure. threedeep is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, governmental action, utility or telecommunications failure, internet or cloud service provider outage, or cyberattack. This does not affect your right to a refund under Section 8.5 or Section 10.3.

Beta and preview features. threedeep may offer features identified as beta, preview, early access, or similar. Those features are provided as-is, without warranty of any kind, may be changed or withdrawn at any time, and may not function as described. Sections 13 and 14 apply to them in full.

Accessibility. threedeep is committed to making the Services usable by people with disabilities and works toward conformance with WCAG 2.1 Level AA. If you encounter an accessibility barrier, contact hello@threedeep.io and we will work with you to provide the information or transaction you need through an alternative means.

Notices to threedeep. Send notices to hello@threedeep.io with a subject line beginning "LEGAL:".

Notices to you. We may give notice by email to the address on your account, by in-app notice, or by push notification.

California users. Under California Civil Code § 1789.3, California users are entitled to the following notice: The provider of the Services is Three Deep Hospitality, LLC. To file a complaint or receive further information, contact us at hello@threedeep.io, or write to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210.

Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter solely by reason of authorship.

Governing language. These Terms are drafted in English. Any translation is provided for convenience only, and the English version governs.