Terms of Service

These Terms of Service ("Terms") are a binding contract between you and BarMatch LLC ("BarMatch," "we," "us," or "our") governing your use of the BarMatch mobile app, the BarMatch website at barmatch.com, the venue-owner dashboard, and related services (collectively, the "Service").

By creating a BarMatch account, accessing the Service, or claiming a venue, you agree to these Terms, our Privacy Policy , and our Community Guidelines . If you do not agree to any of these, do not use the Service.

Section 19 contains an arbitration agreement and a class-action waiver. By accepting these Terms, you are giving up the right to bring a lawsuit in court (except in the narrow circumstances described there) and the right to participate in a class action. Please read Section 19 carefully.

1. Eligibility

To use BarMatch, you must:

Be 21 years of age or older. We enforce this requirement at signup (self-attested with an explicit acknowledgement that providing false information may result in permanent suspension and is in violation of these Terms), at identity verification (the legal date of birth on your government-issued ID must place you at 21 or older), and at every drink purchase (staff at the venue check IDs and confirm the recipient is 21+). Reside in a jurisdiction where BarMatch is offered. BarMatch is initially available only to users physically located in the United States. Not be a previously suspended or terminated user. Have the legal capacity to enter into contracts in your jurisdiction and to accept these Terms.

If at any time you stop meeting any of these requirements, you must immediately stop using the Service.

2. Account registration

You create your BarMatch account by signing in with Apple or Google, verifying your phone number via SMS, attesting to your identity (first name, last name, date of birth, and gender), and uploading at least one profile photo. By providing this information, you represent that it is accurate and complete.

You are responsible for the activity that occurs through your account. You must keep your account credentials secure and notify us promptly if you believe your account has been compromised.

We may suspend or terminate accounts that we believe have been registered with false information, that violate these Terms, or that pose a risk to other users or the Service.

3. Identity verification

At signup, you self-attest your identity. Self-attested identities can be edited only with our customer-support intervention.

We also offer a paid identity-verification feature through our partner Persona Identities, Inc., available as a one-time $2.99 in-app purchase or included with our Premium subscription. Once you complete identity verification:

Your first name, last name, date of birth, and gender as returned by Persona are written to your account record. These fields become write-once; you cannot edit them yourself afterward. A "verified" badge appears on your profile (eye-shaped glyph), visible to other users. You unlock the ability to send drinks to other users, accept drinks sent to you, purchase event tickets, and purchase VIP reservations. Without verification, these alcohol-and-age- gated features remain locked. (Vibe checks, which are a safety feature for asking friends' opinions about another user, do not require verification — see Section 5 for the full match-interaction feature set.) If you choose the $2.99 verification path (not Premium), you also receive three complimentary chat refreshments to your account.

If Persona's verification result reveals that you are under 21 or that the identity you provided was misrepresented at signup, we will suspend or terminate your account and retain any fees you have paid (including the $2.99 verification fee) as documented in Section 6.7. We will not refund verification fees in these cases.

Persona's collection and use of your identity verification materials is governed by Persona's privacy policy at withpersona.com/legal/privacy-policy.

4. Acceptable use

4.1 What you may not do

You may not:

Use the Service if you are under 21 years of age, even if you have access to an account through someone else. Pretend to be another person, use a name or photo not your own, or otherwise misrepresent your identity. Harass, threaten, intimidate, stalk, bully, or sexually solicit other users. Upload, post, or share content that is sexually explicit, contains graphic violence, depicts illegal activity, includes minors in any context, or promotes hatred or discrimination against any protected group. Use the Service for any commercial purpose other than the venue-owner features expressly provided in these Terms. Attempt to access another user's account, decrypt encrypted data, exploit security vulnerabilities, or bypass rate limits, bot protection, or other access controls. Use automated systems (bots, scrapers, crawlers) to access the Service or extract data from it. Use the Service while operating a motor vehicle or in any situation where doing so would be unsafe. Falsify or attempt to spoof your location to check in at venues you are not physically at. Promote, distribute, or facilitate the sale of any controlled substance. Use the Service in any jurisdiction where it is not authorized for use.

4.2 Reporting and consequences

If you witness conduct on BarMatch that violates these Terms or our Community Guidelines, please report it using the in-app Report feature on the relevant user's profile or chat. We review all reports.

We may take action against accounts that violate these Terms, including:

Warning the user. Suspending the account for a period of time (per the escalation ladder described in Section 14). Permanently terminating the account. Banning the user from creating new accounts in the future. Reporting illegal conduct to law enforcement.

5. Match interactions

BarMatch matches you with other users present at the same venue based on mutual likes (the "Match Game"). When a match forms, a 7-day chat window opens between the two of you.

Match chats open a rolling 1-hour window that expires unless extended. You may use chat refreshments to extend the window by 1 additional hour per refreshment. Premium subscribers can extend chats indefinitely, up to an absolute 7-day cap measured from match creation. The 7-day cap is hard and not extendable by any user, including Premium subscribers. You may unmatch at any time. Unmatching ends the chat and the match record is archived. You can no longer be re-matched with someone you unmatched for 7 days. You may report another user from the chat for harassment or inappropriate conduct. Reported users may be reviewed for account action. BarMatch is not responsible for the conduct or outcomes of any match interaction, whether on the platform or after the chat window closes. We facilitate the introduction; we do not background-check the people you meet.

6. Purchases and payments

6.1 Types of purchases

The Service offers several types of purchases:

Chat refreshments — in-app purchases (Apple App Store / Google Play Store) that extend an active chat by 24 hours. Sold individually ($0.99) and in three-packs ($1.99). Identity verification — one-time in-app purchase ($2.99) that unlocks identity-gated features and includes three complimentary refreshments. Free if you have a Premium subscription. Premium subscription — auto-renewing monthly in-app subscription ($4.99/month). Includes unlimited chat refreshments, free identity verification, and other Premium features as described in Account → Premium. Buy-a-Drink offers — card-on-file purchases (Stripe) sent to another user. The recipient may accept, refuse, or let the offer expire. The amount you pay covers the drink price set by the venue plus a $2.00 BarMatch service fee. See Section 7 for full Buy-a-Drink terms. Event tickets and VIP reservations — card-on-file purchases for tickets to events at venues you choose. Some venues offer VIP-tier reservations (e.g., bottle service) which may have additional terms set by the venue. Deal redemption — most deals are free to redeem in-app and require presenting a redemption code at the venue. Some deals may be purchase-required (i.e., the venue conditions the deal on a purchase made at the venue).

6.2 Payment processing

In-app purchases (refreshments, verification, Premium) are processed by Apple App Store on iOS and Google Play Store on Android. Apple's and Google's respective terms of service apply to these transactions in addition to ours. Card-on-file purchases (drinks, tickets, VIP) are processed by Stripe. We do not store your card number; we receive only a tokenized reference. You must use a valid payment method that you own. Using someone else's payment method without authorization is fraud and will result in account termination.

6.3 Refunds

All purchases are non-refundable except as expressly stated in these Terms or as required by applicable law.

In-app purchases processed by Apple App Store or Google Play Store may be refunded according to those stores' refund policies, which are independent of BarMatch's. Contact Apple or Google directly for refund requests on those purchases. Buy-a-Drink offers — the $2.00 BarMatch service fee is charged when the offer reaches a completed state (drink served, recipient declined, recipient flagged intoxicated by staff, or offer expired un-redeemed); the drink-portion is charged only when the drink is served. If staff refuses redemption for out-of-stock or other operational reasons, no charge is made and the pre-authorization is released in full. See Section 7 for the full outcome map. Tickets and VIP reservations — refunds are at the venue's discretion and follow the refund policy posted on the event or VIP offer detail page at time of purchase. Deals — deals are free to redeem; no refunds apply. Identity verification — non-refundable in all cases. Premium subscription — non-refundable except for the current billing period if you cancel for cause within the first 30 days; partial-month refunds are not provided.

6.4 BarMatch service fees

Some transactions include a BarMatch service fee:

Buy-a-Drink: $2.00 non-refundable service fee per offer, charged at the time you send the offer (not at redemption). Event tickets: 20% of the ticket price. VIP reservations: 10% of the VIP price. Deals: no service fee (deals are free).

Service fees are disclosed at the time of purchase. We reserve the right to adjust service fees prospectively; changes will not affect transactions already in progress.

6.5 Sales tax

Sales tax, where applicable, is collected at the time of purchase. We use Stripe Tax to determine the applicable rate and remit collected tax to the appropriate authorities.

6.6 Currency

All transactions are in United States Dollars.

6.7 Fraud and chargebacks

We monitor purchases for fraud. We may decline transactions, hold transactions for verification, refuse certain payment methods, or suspend accounts that exhibit fraudulent or chargeback-prone patterns. If a chargeback is filed against your purchase, we cooperate with the card issuer's investigation; fraudulent chargebacks may result in account suspension and collection of the disputed amount.

7. Buy-a-Drink — special rules

Buy-a-Drink lets you send a drink to another consenting user at a participating venue. Because drinks involve regulated substances and real venue staff, additional rules apply:

7.1 Eligibility to send

You must have a verified identity (Persona-verified or Premium- subscribed with verification completed). You must have a card on file via Stripe. The intended recipient must be at a Buy-a-Drink-participating venue with a Stripe Connect account and POS-curated drink menu. You have not exhausted the per-pair cooldown (24-hour cooldown between attempts to the same recipient after a refused offer).

7.2 Fee structure

The amount you pay for a Buy-a-Drink offer is comprised of:

Drink price — set by the venue. Tax and gratuity — as configured by the venue (typically state sales tax + 18% gratuity). BarMatch service fee — $2.00 per offer. Non-refundable in most outcomes (drink served, recipient declined, recipient flagged intoxicated, or offer expired un-redeemed). Waived in full (no charge) when staff is unable to serve for reasons unrelated to the recipient's conduct, such as the item being out of stock. See Section 7.3 for the full outcome map.

The price breakdown is visible to you before you confirm the offer. Sending an offer pre-authorizes (places a hold on) your card for the full amount; the actual charge is determined by the outcome and may be less than the pre-authorized amount.

7.3 Recipient response

The recipient may accept, refuse, or let the offer expire (6 hours). Outcomes:

Accepted — the recipient receives a redemption code. Staff at the venue check the recipient's ID, confirm 21+, dispense the drink, and PIN-confirm redemption in the BarMatch venue interface. The drink price, tax, and gratuity are then captured from your card and routed to the venue via Stripe Connect. The $2.00 BarMatch service fee was already captured at the time the offer was sent. Refused at staff confirmation — staff may refuse to redeem the drink for one of three reasons. The outcome for you depends on the reason: Recipient is too intoxicated to receive another drink (see Section 7.4). The $2.00 service fee is charged; the drink-portion is not. The recipient is flagged intoxicated for the rest of the operational night. Item is out of stock. No charge at all — the pre-authorization on your card is released in full. The recipient may be sent a different drink instead. Other (staff selects this reason and adds a brief note). No charge at all — the pre-authorization on your card is released in full. Staff use this reason for any other situation where they cannot serve the drink, including ID concerns, recipient deciding not to accept at the bar, or operational issues at the venue. Declined by recipient before redemption — the recipient may decline the offer in-app before going to the bar. The $2.00 service fee is charged; the drink-portion is not. Expired — the offer expires un-redeemed after 6 hours. The $2.00 service fee is charged; the drink-portion is not.

7.4 Intoxication refusal

Venue staff have the authority and responsibility to refuse drinks to patrons they assess as too intoxicated. If staff refuses redemption on intoxication grounds:

The $2.00 service fee is charged; the drink-portion is not. The recipient is flagged as "intoxicated for the night" in our system. The flag expires the next operational morning (5 a.m. local time of the venue). While the intoxication flag is active, the recipient cannot receive new Buy-a-Drink offers regardless of who is sending. We notify the recipient (gently) that staff declined the drink.

7.5 Age verification

Age (21+) is verified by Persona, our identity-verification partner, before a user may send or accept Buy-a-Drink offers. Staff do not separately verify age on BarMatch's behalf — their role at redemption is to confirm the person presenting the redemption code is the same person whose verified identity is on file (typical bar ID check) and to determine whether to serve them based on intoxication, stock, or any other reasonable professional judgment.

If staff has any concern about a recipient's identity (for example, the ID presented does not appear to match the Persona-verified profile), staff should refuse redemption using the "Other" reason with a brief note. BarMatch will review the note and may take account-level action against the recipient if review determines fraud occurred. Staff have no ability to suspend a recipient's BarMatch account directly.

7.6 Match formation

Buy-a-Drink offers between match-candidates can produce a match on staff redemption (not on recipient acceptance). This is deliberate: the match record is tied to the actual drink being served, which means staff have confirmed both parties are 21+ and physically present.

7.7 No refunds in any other circumstance

Except in the outcomes described in Sections 7.3 and 7.4 (refused at staff for out-of-stock or other → full refund; refused for intoxication, declined by recipient, or expired → $2.00 service fee charged, drink-portion not charged; redeemed → full charge), Buy-a-Drink purchases are non-refundable. The recipient's discretion is final. Stripe does not initiate further refunds after the redemption flow completes.

7.8 Dram-shop and liquor-liability disclaimer

BarMatch does not sell, serve, or distribute alcoholic beverages. All alcohol associated with a Buy-a-Drink offer is sold and served by the licensed venue. The venue is the seller of record, holds the relevant liquor license, and bears all responsibility for compliance with applicable liquor, liquor-liability, dram-shop, and social-host laws. BarMatch operates payment-routing software that moves funds between users, venues, and our payment processors; BarMatch is not the venue, is not a licensee, and is not a server, host, or distributor of alcohol under any applicable statute.

To the maximum extent permitted by law, you, on behalf of yourself and your heirs and assigns, expressly waive any claim against BarMatch based on any dram-shop, social-host, or liquor-liability theory, regardless of where the relevant alcohol service occurred. You agree to look solely to the licensed venue and/or to the responsible user(s) for any such remedy.

8. Premium subscription

Premium is a recurring monthly subscription at $4.99 per month (price subject to change with notice). Premium benefits include:

Unlimited chat refreshments (within the 7-day cap per chat). Free identity verification (the $2.99 verification fee is waived). Visibility of who has viewed your profile (the "eye" icon). Boosted Match Game visibility according to current product specifications. Premium-only badge on your profile. Other Premium features as described in the app.

Premium auto-renews monthly through Apple App Store or Google Play Store. You may cancel at any time through your App Store / Play Store subscription settings. Cancellation takes effect at the end of the current billing period; you retain Premium access through that period.

Per Apple's and Google's subscription policies, refunds for in-app subscriptions are issued by the respective store, not directly by us.

9. User content

9.1 What you own

You retain ownership of the photos, videos, voice notes, messages, bio text, reviews, and other content you submit ("User Content").

9.2 License you grant to BarMatch

By submitting User Content, you grant BarMatch a worldwide, non-exclusive, royalty-free license to host, store, display, transmit, and reproduce that content for the purpose of operating the Service. This license includes the right to display your photos to other users per your privacy mode, to retain messages for the 60-day chat-retention period, and to back up content for infrastructure purposes.

This license does not give us the right to use your User Content in advertising or external marketing without your separate explicit consent.

Your license to us terminates when you delete the User Content, delete your account, or otherwise revoke our right to host it, except as required by retention rules in our Privacy Policy (e.g., financial transaction records retained for tax purposes).

9.3 Content moderation

All photo uploads are scanned by automated content moderation (Hive AI). Photos that fail moderation are rejected. Human moderators review flagged content. We reserve the right to remove any content that violates these Terms or Community Guidelines.

9.4 Reporting infringement

If you believe content on BarMatch infringes your intellectual property rights, send a written notice to legal@barmatch.com including the elements required under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We will investigate and respond as required by law.

10. Communications from BarMatch

By signing up, you consent to receive:

Transactional notifications via SMS (signup verification, drink redemption alerts), push notification (per your in-app preferences), and email (purchase receipts, account actions). Service updates regarding outages, policy changes, or other operational matters that affect your account. Marketing emails only if you opt in. You may unsubscribe at any time from the link in any marketing email or via Account → Notifications.

Standard messaging and data rates from your wireless carrier may apply to SMS and push notifications.

11. Venue-owner terms

These terms apply if you operate a venue on the BarMatch platform. Operating a venue means you have claimed your venue listing or been approved to manage one, and you are using the venue-owner dashboard at barmatch.com/venue-owner.

11.1 Authority to operate

By claiming a venue, you represent that:

You hold all required licenses to operate the venue (including but not limited to liquor licenses, food-service permits, business licenses) under federal, state, and local law. You have legal authority to commit the venue to the obligations in these Terms, including honoring deals, fulfilling drink purchases, providing tickets sold through BarMatch, and providing venue events as described. The contact and business information you provide is accurate. You agree to immediately notify BarMatch if your authority to operate the venue changes (e.g., ownership transfer, lease termination, license suspension or revocation).

11.2 Venue claim process

Claims are reviewed by BarMatch admin. We may request documentation (such as a copy of your liquor license, business formation documents, or a utility bill matching the venue address) to confirm authority. Approval may be denied or revoked at our discretion.

11.3 Free vs. Premium tiers

The free tier provides essentials: venue claim, basic listing information, hours, deals, events, VIP offers, photos.

The Premium tier ($99/month, subject to change with notice) unlocks: advanced analytics, ad placards on the consumer feed, promote-row eligibility, harassment-and-incident-management tools, employee dashboards with limited access, additional deal slots, multi-venue management, and other features as described on the venue-owner subscription page.

Premium subscriptions auto-renew monthly through Stripe Checkout. You may cancel at any time through your venue-owner dashboard or by emailing support; cancellation takes effect at the end of the current billing period.

11.4 Drink fulfillment obligations

If your venue accepts Buy-a-Drink purchases:

You must connect a POS system (currently Square) and curate your drink menu, designating which items are available for BarMatch purchase. You must set up Stripe Connect to receive payouts. You must designate staff with a Refusal PIN. Only staff with the PIN can confirm or refuse drink redemptions. Staff must check the recipient's ID at every drink redemption to confirm identity matches the Persona-verified profile and to confirm they are 21+ (Persona verifies age on-platform but staff retains independent professional judgment and the legal responsibility of the licensed seller). If staff cannot serve the recipient for any reason, staff must select the appropriate refusal option in the BarMatch venue interface (intoxicated, out of stock, or other with a brief note) and not deliver the drink. Staff must not directly refuse on BarMatch's behalf without using the refusal interface; the interface is what triggers the refund or fee handling for the customer. Staff must use the "intoxication" refusal option if they determine the recipient is too intoxicated to receive another drink. This is required by law in most jurisdictions and is your responsibility as the licensed seller. You must fulfill accepted-and-redeemed drink orders promptly and in the form described in your menu (e.g., the menu item, the price). If a drink cannot be fulfilled due to shortage or other reason, staff must select the appropriate refusal option; the customer is refunded according to the refusal-outcome rules in Section 7.3. You are responsible for compliance with all applicable liquor, food, and consumer protection laws.

11.5 Payouts and pricing

Buy-a-Drink payouts: you receive the drink price plus the venue-configured tax and gratuity, paid via Stripe Connect. BarMatch retains the $2.00 service fee per offer (paid by the customer, not deducted from your payout). Event ticket payouts: you receive the ticket price minus BarMatch's 20% service fee. VIP reservation payouts: you receive the VIP price minus BarMatch's 10% service fee. Stripe Connect's payout schedule applies (typically T+2 business days for new accounts, T+1 for established ones). You are responsible for paying applicable taxes on your payouts; we may provide 1099 forms via Stripe Connect.

11.6 Promotional content and ads

You may run ad placards on the BarMatch consumer feed if your venue is on a tier that supports it. Ad content must:

Be honest and not misleading. Comply with applicable advertising standards (no false claims, no minors depicted in alcohol contexts, no claims of intoxication-related health benefits). Not promote consumption by minors. Comply with state and federal advertising regulations specific to alcohol.

We may reject ad creative that violates these standards.

11.7 Employee accounts

You may invite employees to access your venue-owner dashboard with limited permissions. You are responsible for the actions of your invited employees. Their actions on the dashboard are logged and attributed to your account.

11.8 Termination of venue accounts

We may suspend or terminate a venue account at our discretion if the venue:

Repeatedly fails to fulfill confirmed drink purchases or other purchases. Engages in repeated underage service or fails to enforce the 21+ requirement. Provides false information at claim or during operation. Receives a high volume of valid harassment or safety reports from patrons. Violates any other provision of these Terms or applicable law.

Venue terminations result in removal of the venue listing from BarMatch and forfeiture of any active deals, events, or VIP offers.

11.9 Indemnification and defense

The Venue Owner shall indemnify, defend, and hold harmless BarMatch, its parent, affiliates, officers, directors, and employees (collectively, the "Indemnified Parties") from and against any and all third-party claims, lawsuits, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of, related to, or resulting from this Agreement, the performance of the Services, the user interactions, or any alleged violation of privacy, data protection, or biometric security laws (including the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq.), regardless of whether such claims are caused in part by the negligence of BarMatch, except to the extent caused by the sole negligence, intentional fraud, or willful misconduct of BarMatch.

Control of defense. Within thirty (30) days of receipt of written notice of a claim subject to indemnification under this Section, and upon written request by BarMatch, the Venue Owner shall assume, at its sole cost and expense, the defense of any third-party claim or lawsuit brought against any Indemnified Party that falls within the scope of this Section. The Venue Owner shall retain competent legal counsel reasonably acceptable to BarMatch to conduct such defense. BarMatch shall have the right, at its own option and expense, to participate in the defense of any such claim through counsel of its own choosing, and the Venue Owner shall not settle any claim without the prior written consent of BarMatch.

Notice and cooperation. BarMatch will give the Venue Owner reasonable written notice of any claim subject to indemnification under this Section; provided, however, that failure to give such notice shall not relieve the Venue Owner of its obligations under this Section except to the extent that the Venue Owner is materially prejudiced by the delay. BarMatch will cooperate reasonably with the Venue Owner, at the Venue Owner's reasonable expense, in the defense of any such claim. This Section shall survive termination or expiration of this Agreement.

12. Marketing and analytics

BarMatch uses analytics tools (PostHog, Sentry) to understand feature usage and operational health. Aggregated, non-personally identifiable data may be used for product development, marketing, and business decisions.

We may publish aggregate statistics about the Service (e.g., "1,000 matches happened last week") that do not identify individual users.

13. Suspension and termination

13.1 By you

You may stop using the Service at any time. Deleting your account from Account → Delete Account initiates the deletion flow described in our Privacy Policy.

13.2 By us

We may suspend or terminate your access to the Service at any time, with or without notice, for:

Violation of these Terms or our Community Guidelines. Conduct that we reasonably believe is harmful to the Service or other users. Suspected fraud, payment-method abuse, or chargeback abuse. Legal requirements (e.g., compliance with subpoena, court order, or government request). Discontinuation of the Service, including discontinuation of the Service in your jurisdiction.

13.3 Effect of termination

Upon termination:

Your access to the Service ends. Active subscriptions cease at the end of the current billing period (Premium). Your account data is retained or deleted per the retention rules in our Privacy Policy. Provisions that by their nature should survive termination (including but not limited to Sections 14, 17, 18, 19, and 20) continue to apply.

14. Escalation ladder for harassment-and-safety violations

We maintain an escalation ladder for accounts that receive multiple substantiated harassment or safety reports within a rolling 12-month window:

First substantiated report — written warning. Second substantiated report within 12 months — 2-week account suspension. Third substantiated report within 12 months — 3-month account suspension. Fourth substantiated report within 12 months — indefinite account suspension with manual review for reinstatement.

Severe violations (threats of violence, sexual assault claims, identity-verification fraud) bypass the ladder and result in immediate indefinite suspension pending investigation.

15. Third-party services

BarMatch integrates with third-party services (Apple, Google, Stripe, Twilio, Persona, Resend, RevenueCat, Square, and others listed in our Privacy Policy). Use of these services is subject to their respective terms and privacy policies. BarMatch is not responsible for the actions of third-party services beyond our commercial relationship with them.

16. Modifications to the Service and these Terms

We may modify the Service at any time, including adding features, removing features, or changing how features work. We may also modify these Terms. Material modifications to these Terms will be notified to you through the app, by email, by an in-app banner, or by another reasonable method before the change takes effect.

Your continued use of the Service after a Terms change constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

17. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we make no warranties or representations, express or implied, regarding the Service or its content, including but not limited to:

Warranties of merchantability, fitness for a particular purpose, or non-infringement. Warranties about the quality, suitability, safety, identity, or conduct of other users or venue owners. Warranties about the accuracy, reliability, or availability of the Service. Warranties that the Service will be uninterrupted, secure, or error-free. Warranties about content moderation outcomes; some inappropriate content may not be caught immediately.

Users meet, communicate, and transact with each other entirely at their own discretion and risk. BarMatch facilitates introductions; we are not responsible for the conduct or outcomes of any user interaction. We strongly recommend exercising standard safety practices when meeting people in person: meet in public, tell a friend your plans, trust your instincts, and do not consume anything you did not see prepared.

17.1 Assumption of risk and acknowledgment of role

BarMatch is a facilitator, not a producer. BarMatch operates a software platform that introduces users to each other and to participating venues. BarMatch does not produce, manufacture, sell, serve, or warrant any drink, ticket, VIP service, deal, event, or other product or experience offered through the Service. Those goods and services are produced and provided by the participating venue, which is the seller, the licensed operator, and the responsible party for everything that occurs on its premises. BarMatch's role is limited to operating the introduction, payment-routing, and identity-verification software that connects you to the venue or to other users.

You assume the risk of user-to-user interactions. Identity verification through Persona confirms that the user whose name appears on a BarMatch profile is the person who passed Persona's identity check at signup; it does not verify, predict, or warrant that user's present-day behavior, intentions, sobriety, health status, criminal background, or any other attribute. You understand that:

Other users may misrepresent themselves to you through chat or in person despite identity verification. BarMatch cannot and does not screen users for criminal history, communicable diseases, mental or physical health, or general suitability for any interaction. Meeting another user in person — at a venue or anywhere else — carries the same inherent risks as meeting any stranger through any other introduction channel, online or offline. BarMatch is not a party to any agreement, encounter, transaction, or interaction between you and another user, or between you and a venue, except for the limited payment routing and software services described in these Terms.

17.2a No agency, partnership, or fiduciary relationship

Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and BarMatch, or between BarMatch and any venue. BarMatch does not act as your agent, fiduciary, broker, or representative in any transaction between you and another user or between you and a venue. Venues are independent operators; venue staff are not BarMatch employees or agents, even when they use BarMatch software at the point of sale.

17.2 Allocation of responsibility for outcomes

You agree and acknowledge that any liability arising out of or relating to:

Your interactions with other users (including, without limitation, in-person meetings, conversations, physical contact, intoxication-related conduct, emotional injury, property damage, and any conduct alleged to be harassing, discriminatory, fraudulent, unlawful, or otherwise injurious); Anything that occurs at a venue, including but not limited to food or beverage service, intoxication, slip-and-fall, ejection, assault, or any other injury or loss on the venue's premises; The quality, character, or fitness for purpose of any drink, ticket, VIP service, deal, event, or other good or service you receive at or through a venue; Your own conduct, statements, content, or use of the Service; and Any decision you make on the basis of information presented on the Service (including another user's profile, verification status, ratings, or messages),

rests with you and/or the relevant venue, and not with BarMatch. BarMatch is not the seller of alcohol or other goods served at a venue, is not the operator of any physical premises, and is not the counterparty to any of your user-to-user interactions. To the maximum extent permitted by law, you waive any claim against BarMatch based on outcomes falling within the categories above and agree to look solely to the responsible user(s) or the responsible venue for any remedy.

17.3 General release

To the maximum extent permitted by law, you, on behalf of yourself and your heirs, executors, administrators, successors, and assigns, hereby fully, finally, and forever release, waive, discharge, and covenant not to sue BarMatch, its parent, affiliates, officers, directors, employees, agents, contractors, licensors, and assigns from any and all claims, demands, causes of action, suits, debts, obligations, damages, losses, costs, and expenses (including reasonable attorneys' fees) of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, that you have, ever had, or hereafter may have arising out of or relating to:

Any interaction with another BarMatch user or with a venue, its owners, employees, or contractors, whether such interaction occurred on the Service, at a venue, or anywhere else; Any dispute with another user or a venue, including disputes concerning conduct, payment, intoxication, consent, or identity; Any acts or omissions of another user or a venue, including acts or omissions that result in injury, illness, death, property damage, financial loss, emotional distress, or reputational harm; Your decision to meet, communicate with, transact with, or provide information to another user or to a venue.

If you are a resident of California, you expressly waive any rights and benefits under California Civil Code Section 1542, which reads:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Residents of other jurisdictions waive any similar protection provided by their jurisdiction's law. This release extends to claims unknown at the time of its execution. This release does not waive any claim that, by law, cannot be waived (e.g., gross negligence, intentional misconduct, or statutory rights expressly stated as non-waivable).

18. Limitation of liability

To the maximum extent permitted by law, in no event will BarMatch, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with the Service, regardless of the legal theory (contract, tort, warranty, statute, or otherwise) and even if BarMatch has been advised of the possibility of such damages.

BarMatch's aggregate liability to you for any cause of action arising out of or in connection with the Service will not exceed the greater of (a) the amounts you have paid BarMatch in the 12 months immediately preceding the event giving rise to liability, or (b) $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of these limitations may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

18.1 Specific liability exclusions

Without limiting the generality of the foregoing, BarMatch shall not be liable, under any theory, for any of the following:

Personal injury, property damage, illness, intoxication-related injury, sexual assault, harassment, stalking, wrongful death, or other physical or emotional harm arising out of any user interaction or any visit to a venue; Loss, damage, or destruction of property arising at a venue or in connection with a user interaction; Defamation, false light, invasion of privacy, or reputational harm arising from another user's statements or content; Failure of any venue to fulfill a drink, ticket, VIP service, deal, event, or other purchase, or any failure of any venue to comply with applicable law; Refusal of service at a venue, including without limitation refusal on the basis of intoxication, inventory, or staff judgment; Any claim brought under any "dram-shop" statute, social-host liability statute, common-law claim relating to the service of alcohol, or other liquor-liability theory. Alcohol is sold by the licensed venue. BarMatch routes payment for the transaction as a software intermediary; BarMatch is not the seller, server, or distributor of any alcoholic beverage and has no licensure, fiduciary duty, or retail responsibility with respect to alcohol service.

18.2 One-year limitations period

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to your use of the Service or these Terms must be filed within one (1) year after the claim or cause of action accrued, or forever be barred. This shortened limitations period applies regardless of any longer period that may apply under any statute of limitations.

19. Arbitration and class action waiver

19.1 Agreement to arbitrate

Any dispute, claim, or controversy arising out of or relating to the Service or these Terms (including their formation, scope, breach, termination, enforcement, or interpretation) (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms.

The arbitration will be conducted in Chicago, Illinois, or by remote video conference if mutually agreed. The arbitrator's decision will be final and binding except for any appeal right provided by applicable law.

19.2 Class action waiver

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BARMATCH ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, may not preside over any form of representative or class proceeding, and may not award class-wide relief.

If this class-action waiver is held to be unenforceable for any reason, then the arbitration agreement in Section 19.1 is also unenforceable for the affected claim, and that claim will proceed in court.

19.3 Exceptions

The following are excluded from mandatory arbitration:

Claims that can be brought in a small-claims court of competent jurisdiction. Claims seeking injunctive or other equitable relief based on intellectual property or unauthorized access (which may be brought in court).

19.4 Opt-out

You may opt out of the arbitration agreement in Section 19.1 within 30 days of accepting these Terms by sending written notice to legal@barmatch.com with the subject "Arbitration Opt-Out." If you opt out, all disputes will be resolved in court under Section 20.

20. Governing law and venue

These Terms and any Dispute will be governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles. For Disputes not subject to Section 19, you and BarMatch agree to exclusive personal jurisdiction in the state and federal courts located in Chicago, Illinois.

21. Indemnification

21.1 User indemnification

You agree to defend, indemnify, and hold harmless BarMatch, its parent, affiliates, officers, directors, employees, agents, contractors, licensors, and assigns (collectively, the "Indemnified Parties") from and against any and all third-party claims, lawsuits, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of, related to, or resulting from:

Your use of, or inability to use, the Service. Your violation of these Terms, the Community Guidelines, or any other agreement between you and BarMatch. Your violation of any third-party right, including without limitation any right of privacy, publicity, intellectual property, or contract. Your User Content, including without limitation any claim that your User Content infringes, misappropriates, or otherwise violates any third party's rights. Your interactions with other users, whether on the Service, at a venue, or anywhere else, including without limitation any claim for assault, battery, harassment, stalking, sexual misconduct, defamation, emotional distress, property damage, personal injury, or wrongful death arising from such interactions. Your misrepresentation of your identity, age, sobriety, marital status, criminal history, health status, or any other personal attribute, whether to BarMatch, another user, or a venue. Your violation of any law, rule, ordinance, or regulation, including without limitation laws relating to alcohol, controlled substances, identity, privacy, or sexual conduct. Any claim that your conduct caused or contributed to harm to another user, a venue, a venue employee, or any other person, regardless of whether such harm occurred on the Service, at a venue, or anywhere else and regardless of whether the harm arose during or after your use of the Service.

This indemnification applies regardless of whether such claims are caused in part by the negligence of BarMatch, except to the extent caused by the sole negligence, intentional fraud, or willful misconduct of BarMatch.

21.2 Control of defense

Within thirty (30) days of receipt of written notice of a claim subject to indemnification under this Section, and upon written request by BarMatch, you shall assume, at your sole cost and expense, the defense of any third-party claim or lawsuit brought against any Indemnified Party that falls within the scope of this Section. You shall retain competent legal counsel reasonably acceptable to BarMatch to conduct such defense. BarMatch shall have the right, at its own option and expense, to participate in the defense of any such claim through counsel of its own choosing, and you shall not settle any claim without the prior written consent of BarMatch. If you fail to assume the defense within thirty (30) days, BarMatch may assume the defense at your cost, and your indemnification obligation shall include all reasonable expenses BarMatch incurs in doing so.

21.3 Notice and cooperation

BarMatch will give you reasonable written notice of any claim subject to indemnification under this Section; provided, however, that failure to give such notice shall not relieve you of your obligations under this Section except to the extent that you are materially prejudiced by the delay. BarMatch will cooperate reasonably with you, at your reasonable expense, in the defense of any such claim.

21.4 Survival

Your indemnification obligations under this Section survive any termination, suspension, or expiration of your account or of these Terms.

21.5 Venue-owner indemnification

Venue owners are subject to the separate indemnification, control-of-defense, and notice-and-cooperation obligations set forth in Section 11.9, which supplement (and do not replace) the user-side obligations in Sections 21.1 through 21.4.

22. General provisions

22.1 Entire agreement

These Terms, together with our Privacy Policy, Community Guidelines, and any additional terms that apply to specific features (e.g., Apple App Store / Google Play Store terms for in-app purchases), constitute the entire agreement between you and BarMatch regarding the Service.

22.2 No waiver

BarMatch's failure to enforce any provision of these Terms does not waive that provision or BarMatch's right to enforce it later.

22.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

22.4 Assignment

You may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms to any successor in connection with a business transaction or otherwise.

22.5 Notices

We will send notices to the email address associated with your account. You will send notices to BarMatch at legal@barmatch.com with a copy by certified mail to the address listed at the end of these Terms.

22.6 Apple App Store and Google Play Store terms

If you downloaded the BarMatch app through the Apple App Store or Google Play Store, those stores' terms of service also apply to your use of the app. In the event of any inconsistency, those stores' terms govern only the specific transaction or conduct they address; these Terms otherwise apply.

23. Contact

For questions about these Terms or general inquiries:

Mail: BarMatch LLC

980 N MICHIGAN AVE STE 1090 # 943505

CHICAGO, IL 606110000

Or electronically at:
legal@barmatch.com
support@barmatch.com