// LEGAL
Terms of Service
PLEASE READ THESE TERMS CAREFULLY. These End User Terms of Service (these "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Three Deep Hospitality, LLC ("threedeep," "Company," "we," "us," or "our"). By accessing, downloading, or using the threedeep platform, application, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.
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Eligibility & Acceptance
You must be at least twenty-one (21) years of age to use the Services at any establishment that serves alcoholic beverages. By using the Services, you represent and warrant that you are of legal drinking age in the jurisdiction in which you are placing an order.
By placing an order through the threedeep platform, you accept and agree to be bound by these Terms in their entirety. Your continued use of the Services constitutes ongoing acceptance of these Terms as they may be updated from time to time. threedeep reserves the right to modify these Terms at any time, and your continued use following any changes constitutes acceptance of such modifications.
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Nature of the Services
threedeep is a technology infrastructure platform that facilitates the placement and payment of orders at participating bars, restaurants, and hospitality establishments ("Merchants"). threedeep is not a bar, restaurant, food or beverage provider, or retailer. threedeep does not sell, prepare, serve, or deliver any food, beverages, or alcoholic products. All products and services are provided exclusively by the Merchant, at prices determined exclusively by the Merchant.
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 disputes regarding the quality, preparation, or contents of food or beverages are between you and the Merchant.
threedeep is not an agent, employee, or representative of any Merchant. threedeep does not control Merchant operations, including but not limited to menu offerings, pricing, drink preparation, alcohol content, service speed, or establishment policies.
threedeep is not responsible for order fulfillment, delays in service, errors in preparation, incorrect items, or the failure of a Merchant to honor an order placed through the platform. All responsibility for the preparation, accuracy, and delivery of orders rests solely with the Merchant.
threedeep has no obligation to issue refunds, credits, or compensation for any products or services provided by Merchants. Any refund requests related to Merchant products or services must be directed to the applicable Merchant.
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Payment, Data Collection & Privacy
All payments for orders placed through the threedeep platform are processed by Stripe, a third-party payment processor. By using the Services, you agree to Stripe's Terms of Service and Privacy Policy. threedeep does not store your full credit card, debit card, or bank account information on its servers.
If you use Apple Pay, Google Pay, or any other digital wallet service to complete a transaction through the threedeep platform, you acknowledge and consent to threedeep collecting your name and associated account information as provided by the digital wallet provider. This information is used solely for order fulfillment purposes, including allowing bar staff to identify and deliver your order accurately. By using a digital wallet to transact on the platform, you expressly consent to this data collection and use.
By placing an order through the platform, you authorize threedeep and its third-party payment processor to charge your selected payment method for all orders, including any applicable taxes, fees, or gratuities. You are responsible for ensuring your payment method is valid and has sufficient funds to complete transactions.
threedeep may collect and use information including your name, device identifiers, transaction history, and order details in accordance with our Privacy Policy. You acknowledge that certain information is necessary for the proper functioning of the Services and consent to such collection. threedeep will not sell your personal information to third parties for marketing purposes.
threedeep is not responsible for the practices, policies, or failures of third-party payment processors, including Stripe, Inc. Any issues related to payment processing, including transaction errors, delays, or security incidents attributable to the payment processor, are governed by that processor's terms and policies.
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Bar Tab Credits
threedeep may, at its sole discretion, offer promotional credits ("Bar Tab Credits") to Users. Bar Tab Credits may be applied toward qualifying orders at participating Merchants subject to any terms, conditions, or limitations specified at the time of issuance.
Bar Tab Credits have no cash value, are non-transferable, may not be combined with other offers unless expressly permitted, and may not be redeemed for cash. Bar Tab Credits may expire and are void where prohibited by law. threedeep reserves the right to modify, suspend, or terminate the Bar Tab Credits program at any time without notice. Abuse, fraud, or manipulation of Bar Tab Credits may result in forfeiture of credits and termination of your account.
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Chargeback & Dispute Resolution Policy
BY USING THE SERVICES, YOU AGREE TO THE FOLLOWING PROCEDURE AS A CONDITION OF USE.
If you believe a charge is incorrect, unauthorized, or if you are dissatisfied with a product or service received from a Merchant, you agree to first attempt to resolve the issue directly with the Merchant at the establishment at the time of service or within a reasonable time thereafter.
If the issue is not resolved with the Merchant, you agree to contact threedeep customer support before initiating any chargeback, dispute, or reversal with your bank, credit card issuer, or payment provider. threedeep will make good-faith efforts to investigate and resolve the dispute within a reasonable timeframe.
You agree that you will not initiate a chargeback, payment dispute, or reversal without first completing the dispute process described in Sections 5.1 and 5.2 above and providing documented proof of your interactions with both the Merchant and threedeep ("Proof of Resolution Attempt"), including written correspondence, emails, in-app support messages, or other verifiable records of communication.
If you initiate a chargeback or payment dispute without first completing the resolution process described herein, threedeep reserves the right to: (a) suspend or permanently terminate your access to the Services; (b) dispute the chargeback with your payment provider using available transaction data; (c) recover any costs, fees, or penalties incurred by threedeep as a result of the chargeback, including chargeback processing fees imposed by Stripe or the applicable card network; and (d) pursue collection of any amounts owed through all available legal remedies.
You acknowledge that unauthorized or fraudulent chargebacks cause substantial harm to Merchants and to threedeep. threedeep maintains complete transaction records — including proof of purchase, order details, timestamps, payment confirmation, and device information — and will use all available evidence to contest fraudulent or improper chargebacks.
Nothing in this section limits your rights under applicable federal, state, or local consumer protection laws, including your right to dispute unauthorized charges with your financial institution.
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Alcohol — Assumption of Risk & Release
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
You acknowledge that the consumption of alcoholic beverages involves inherent risks, including but not limited to impaired judgment, impaired motor skills, health risks, intoxication, alcohol poisoning, addiction, injury, and death. You voluntarily assume all risks associated with the purchase and consumption of alcoholic beverages ordered through the threedeep platform.
You are solely responsible for your own alcohol consumption, your personal conduct, and your decision-making while under the influence of alcohol. threedeep does not monitor, control, regulate, or limit the amount of alcohol you order or consume. threedeep is not a bartender, server, or alcohol provider, and owes no duty of care to you with respect to your alcohol consumption or intoxication.
You agree to drink responsibly and in accordance with all applicable laws. You agree not to use the Services to purchase alcohol for any person under the legal drinking age. You represent that you will not operate a motor vehicle or engage in any activity requiring unimpaired judgment while intoxicated.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THREEDEEP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, AND CAUSES OF ACTION (WHETHER KNOWN OR UNKNOWN) ARISING OUT OF OR RELATED TO YOUR PURCHASE, CONSUMPTION, OR OVER-CONSUMPTION OF ALCOHOLIC BEVERAGES ORDERED THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR ANY OTHER HARM RESULTING FROM YOUR INTOXICATION OR IMPAIRMENT.
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Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THREEDEEP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THREEDEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THREEDEEP'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO THREEDEEP (EXCLUDING AMOUNTS PAID TO MERCHANTS) IN THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS LESS. THIS LIMITATION APPLIES TO ALL CLAIMS IN THE AGGREGATE, NOT PER INCIDENT.
THREEDEEP IS NOT LIABLE FOR ANY LOSSES, INCLUDING LOST SALES, MISSED ORDERS, OR SERVICE INTERRUPTIONS RESULTING FROM PLATFORM DOWNTIME, CONNECTIVITY ISSUES, TECHNICAL FAILURES, OR FORCE MAJEURE EVENTS. THE SERVICES ARE PROVIDED ON AN AS-AVAILABLE BASIS AND THREEDEEP DOES NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS.
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Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. THREEDEEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THREEDEEP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THREEDEEP MAKES NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY, ACCURACY, SAFETY, OR LEGALITY OF ANY PRODUCT OR SERVICE PROVIDED BY ANY MERCHANT.
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Indemnification
You agree to indemnify, defend, and hold harmless threedeep, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all 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 made herein.
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Dispute Resolution & Governing Law
ARBITRATION AGREEMENT
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding individual arbitration administered in accordance with the rules of the American Arbitration Association, and not in court.
CLASS ACTION WAIVER
YOU AND THREEDEEP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
JURY TRIAL WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THREEDEEP EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.
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Account Suspension & Termination
threedeep reserves the right to suspend, restrict, or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) initiating a chargeback without completing the dispute resolution process; (d) providing false information; or (e) any conduct that threedeep determines, in its sole discretion, is harmful to threedeep, Merchants, other users, or third parties. Termination of your account does not relieve you of any obligations incurred prior to termination.
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General Provisions
These Terms constitute the entire agreement between you and threedeep with respect to the Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. threedeep's failure to enforce any right or provision shall not constitute a waiver. threedeep may assign its rights and obligations under these Terms without restriction. You may not assign or transfer these Terms without threedeep's prior written consent. Notices to threedeep should be sent to legal@threedeep.io.
BY USING THE THREEDEEP PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.