Terms of Service

1. Agreement to Terms

By accessing or using TheCheck (“the App”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the App.

2. Description of Service

TheCheck is a user-generated content platform that allows users to report and view information about hidden fees, service charges, and tipping practices at restaurants and other establishments.

3. User Accounts

• You must be at least 13 years old to use this App
• You are responsible for maintaining the security of your account
• One account per person is permitted
• You agree to provide accurate information when creating an account
• Your account is non-transferable and may not be shared with others

4. User-Generated Content

When you submit reports, photos, or other content to the App:

• You retain ownership of your content
• License Grant: You grant TheCheck a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media or distribution method now known or later developed, for the purposes of operating, promoting, and improving the App. This license continues even if you stop using the App or delete your account, though you may delete specific content you have submitted (subject to technical limitations and backup retention).
• You are solely responsible for the accuracy of information you submit
• You agree not to submit defamatory, false, or misleading content

Representations: By submitting content, you represent and warrant that: (a) you own or have the necessary rights to the content; (b) the content does not infringe any third party's intellectual property or privacy rights; (c) the content is based on your genuine experience or knowledge; (d) you have obtained consent from any identifiable individuals in photos you submit.

5. Prohibited Activities

You agree not to:

• Submit fake or intentionally misleading reports
• Harass other users or businesses
• Spam or submit automated content
• Scrape or collect data from the App
• Attempt to circumvent security measures
• Use the App for any illegal purpose
• Impersonate any person or entity
• Upload content that infringes intellectual property rights

6. Moderation and Enforcement

We reserve the right to remove any content that violates these terms or that we deem inappropriate. We may suspend or terminate accounts that violate these terms. We are not obligated to monitor all content but may do so at our discretion.

7. Reporting Content and Disputes

Reporting Violations: Users may report content that violates these Terms by using the in-app reporting feature or by emailing reports@thecheck.io. We will review reports at our discretion but are not obligated to take any specific action.

Business Inquiries: Businesses that believe content about their establishment is inaccurate or violates these Terms may contact us at business@thecheck.io. We may, but are not obligated to, investigate such claims. We do not mediate disputes between users and businesses.

No Obligation to Act: We reserve the right to remove or retain any content at our sole discretion. Our decision to remove or not remove content does not constitute a determination of the content's accuracy or legality.

8. Intellectual Property

The App, including its design, features, and content (excluding user-generated content), is owned by TheCheck and protected by copyright and other intellectual property laws.

9. DMCA Copyright Policy

TheCheck respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our service.

Designated Agent: To file a copyright infringement notification, please send a written communication to our designated agent at dmca@thecheck.io.

Notice Requirements: Your notice must include:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, with sufficient information to permit us to locate the material
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification with the required information under 17 U.S.C. Section 512(g)(3).

Repeat Infringers: We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

10. Disclaimers and Platform Status

Platform Status: TheCheck operates as an interactive computer service that enables users to share information. We do not create, author, or endorse user-generated content. Under Section 230 of the Communications Decency Act (47 U.S.C. Section 230), TheCheck is not the publisher or speaker of any user-generated content and shall not be treated as such.

User Content Disclaimer: All reports, photos, comments, and other user-generated content reflect the views of the individual users who submit them, not the views of TheCheck. We do not investigate, verify, or guarantee the accuracy of any user-submitted information.

• The App and all content are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
• Fee information, tipping practices, and other details reported by users may change at any time and may not reflect current practices at any establishment.
• Display of any establishment or user content does not constitute endorsement by TheCheck. We are a neutral platform providing information submitted by users.

11. Limitation of Liability

To the maximum extent permitted by law, TheCheck and its officers, directors, employees, and agents shall not be liable for any decisions you make based on information in the App, any indirect, incidental, special, consequential, or punitive damages, any impact on businesses from reports submitted by users, or any loss of profits, data, or goodwill arising out of or related to your use of the App.

12. Indemnification

You agree to defend, indemnify, and hold harmless TheCheck, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content, including any claim that your content infringes or misappropriates any third party's intellectual property or privacy rights
• Your use of the App
• Any claim by a third party (including any business) related to content you submitted
• Your violation of any applicable law or regulation

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation shall survive termination of your account and these Terms.

13. Dispute Resolution and Arbitration

Informal Resolution: Before filing any claim, you agree to attempt to resolve the dispute informally by contacting legal@thecheck.io. We will attempt to resolve the dispute within 60 days.

Binding Arbitration: Any dispute arising from these Terms or your use of the App that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall take place in San Francisco, California. The arbitrator's decision shall be final and binding.

Class Action Waiver: You and TheCheck 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 or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Exceptions: This arbitration agreement does not apply to: (a) claims for injunctive relief; (b) claims related to intellectual property; (c) small claims court actions.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@thecheck.io within 30 days of first accepting these Terms.

14. Termination

We may terminate or suspend your account at any time for violations of these terms or for any reason at our sole discretion. You may delete your account at any time through the App settings.

15. Changes to Terms

We may update these terms from time to time. We will notify you of material changes by posting a notice in the App or by other reasonable means. Continued use of the App after changes constitutes acceptance of the new terms.

16. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17. Contact Us

If you have any questions about these Terms of Service, please contact us at: legal@thecheck.io