FindMyPour Terms of Use

Operating Entity: North Shore Engagement Media LLC, a Massachusetts limited liability company, Salem, Massachusetts ("Company", "we", "us", or "our").

PLEASE READ SECTION 16 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND EXPLAINS HOW TO OPT OUT.

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the FindMyPour software platform, websites, web and mobile applications, and related services (collectively, "FindMyPour" or the "Service"). You ("you", a "Guest", a "Venue", or "Staff") accept these Terms and our Privacy Policy by tapping or clicking a button or checking a box that says you agree, or that is shown next to a link to these Terms, including when you confirm your age, create or restore a VIP Pass, or create, claim, or join a venue account. If you do not agree, do not use FindMyPour.

2. Eligibility and Accounts

Guests: FindMyPour features venues that serve alcohol. You must be at least twenty-one (21) years old to use FindMyPour as a Guest. By confirming your age or creating a VIP Pass, you represent that you are 21 years of age or older.

Venue Owners and Staff: You must be at least eighteen (18) years old to create, claim, manage, or work under a venue account. If you create or claim a venue, you represent and warrant that you are authorized to bind that business, and that all information you provide is accurate and will be kept current.

Your Responsibility: You are responsible for all activity under your VIP Pass or account, including redemption confirmations, staff PINs, and staff management, as well as for keeping your PINs, passwords, passkeys, and devices secure. Venue owners are responsible for the activity of the staff they approve. Tell us promptly at northshoreengagementmedia@gmail.com if you believe your pass or account has been used without your permission.

No Transfers: VIP Passes, deal codes, check-in codes, and accounts are personal and may not be sold or transferred. A venue account may be transferred to a new owner of the business only with our prior written approval, which we will not unreasonably withhold.

3. Electronic Communications

You agree to receive notices, agreements, receipts, billing statements, and other communications from us electronically, including by email, in-app message, and push notification, and agree that they satisfy any legal requirement that such communications be in writing. Guests receive at most one push notification a day and may turn notifications off at any time in their device settings or in-app Settings. We do not send marketing text messages.

4. Your VIP Pass and Deals

Personal Use: Your VIP Pass is for your personal use only. Do not share, copy, sell, transfer, or tamper with deal codes, check-in codes, bartender QR codes, or links meant only for you. Links you share using the Service's "Send to a friend" feature are an explicit exception.

Backing Up Your Pass: A VIP Pass is stored on your device. If you clear your browser data or lose your device without backing up your pass (Settings → Back up your VIP Pass), your pass and its history may be lost permanently, and we may be unable to restore them.

Deals Come From Venues: Deals, secret menu releases, food specials, events, punch-card rewards, and industry discounts are offered by independent venues, not by the Company. Each venue decides what it offers and is solely responsible for honoring its offers as posted and for the goods and services it provides.

Deal Limits: Deals run at scheduled times, may have nightly quantity limits, may be redeemed once per Guest per night unless stated otherwise, have no cash value, cannot be combined unless the venue explicitly allows it, and may change or end without notice. Prices shown for food specials are set by the venue and are subject to change.

5. Alcohol Laws and Responsible Consumption

Massachusetts Regulations: FindMyPour is designed so that deals do not offer free, discounted, or oversized alcoholic drinks, consistent with Commonwealth of Massachusetts regulations (including 204 CMR 4.00). Any alcoholic drink connected to a deal is sold by the venue at the same price it charges the general public. Venues are solely responsible for complying with all alcohol laws and their respective liquor licenses, may check identification, and may refuse service to anyone at their discretion.

Automated Wording Checks Are Not Legal Advice: The Service automatically checks deal and special wording for obvious alcohol-promotion compliance issues. That check is provided as a convenience only, may miss non-compliant phrasing, and does not constitute legal advice. Venues remain strictly responsible for their own regulatory compliance.

Drink Responsibly: Never drive or operate heavy machinery under the influence of alcohol.

6. Venue Accounts and Responsibilities

Review: Venues are reviewed before they appear to Guests. We reserve the right to decline, suspend, or remove any venue, listing, or account we reasonably believe is inaccurate, unauthorized, or in breach of these Terms.

Venue Responsibilities: Each venue is responsible for its deals, specials, events, prices, and rewards; for honoring posted promotions; for its staff, point-of-sale codes, and PINs; for its food, drinks, service, and physical premises; and for complying with all applicable laws, licenses, and permits.

Promotion Compliance: Each venue represents and warrants that every deal, special and promotion it posts complies with 204 CMR and all applicable laws, and will not use spelling, wording or formatting intended to avoid the Service's automated checks. The Company may remove any content at any time without notice.

Staff Listings: Staff may list only restaurants and bars where they are actively employed. A listing is marked as confirmed only after the venue confirms employment. Guests may report a staff profile, and we may remove listings or accounts that make false claims.

7. Content You Provide

Venue Content: Venues retain ownership of the logos, trade names, photos, and text they upload. Each venue grants the Company a non-exclusive, worldwide, royalty-free license, with the right to sublicense to our service providers, to host, copy, display, adapt (e.g., resize), and distribute that content to operate and promote FindMyPour, including on printed table cards. This license terminates when the content is removed from the Service, except for copies already distributed or printed and backup copies kept for a limited time.

Staff and Guest Content: Staff (e.g., profile photos, bios, shift details) and Guests (e.g., help messages, feedback, reports) grant us the same non-exclusive license for content they submit, limited strictly to operating and maintaining the Service.

Your Representations: You represent and warrant that you own or possess the necessary rights to submit your content, and that it does not violate applicable law or the rights of any third party. We reserve the right to remove any content at our sole discretion.

8. Venue Subscriptions and Billing

Fees: Appearing to Guests requires an active paid subscription or "free" status granted by the Company in writing. Prices are displayed in Settings → Billing prior to subscription (currently $149.99 per month, plus applicable taxes).

Free Trials: A new venue may receive one free trial (30 days unless promotional terms specify otherwise). A valid payment method is required to initiate a trial. Unless canceled prior to the trial expiration, your payment method will be charged automatically at the conclusion of the trial.

Automatic Renewal: Subscriptions renew automatically every month, and your payment method will be charged each month until canceled. Payments are processed via Stripe; we do not store full credit card numbers.

Promotions: Promo codes are intended solely for the venue to which they were issued, may not be shared or resold, have no cash value, and are governed by the specific terms stated with the offer. We reserve the right to terminate a promotion if used by an unauthorized venue.

Cancellation: You may cancel at any time in Settings → Billing → Manage billing. Cancellation stops future recurring charges; your venue remains active through the end of the current paid billing period. Fees paid are non-refundable, and we do not issue partial-month refunds or credits, except as explicitly stated herein or required by law.

Failed Payments: If a payment fails, we and Stripe may retry processing for a limited period. If the account remains unpaid, your venue listing may be hidden from Guests until resolved.

Price Changes: We will notify you by email at least thirty (30) days prior to any price change taking effect on your subscription. You may cancel your subscription before the price adjustment applies.

Termination Without Cause: If we terminate a paid subscription for reasons other than your breach of these Terms, we will issue a prorated refund for the unused portion of the current billing period.

9. Third-Party Services

FindMyPour links to or integrates with third-party services we do not control, including Google Maps and business listings, Uber, Lyft, Google Wallet, and Stripe. Your use of these third-party platforms is governed by their respective terms of service and privacy policies, and the Company assumes no responsibility or liability for their functionality or content.

10. Acceptable Use

You agree not to:

• Commit fraud or misrepresent your identity;
• Create fake passes, accounts, or profiles to exploit deals;
• Impersonate any person or entity;
• Harass, threaten, defame, or harm others;
• Post unlawful, false, or infringing content;
• Guess, brute-force, or misuse staff PINs or redemption codes;
• Bypass security controls, rate limits, or deal redemptions;
• Scrape, harvest, or bulk-download data from the Service;
• Reverse-engineer, decompile, or disassemble the Service except as permitted by applicable law; or
• Interfere with or disrupt the operation of the Service.

We reserve the right to suspend or terminate any pass or account that violates these acceptable use rules.

11. Intellectual Property and Copyright Complaints

The Company and its licensors own all right, title, and interest in and to FindMyPour, including its software, code, interface designs, logos, the FindMyPour name and trademarks, and all content provided by us. These Terms grant you a limited, revocable, non-transferable, non-sublicensable right to use the Service for its intended purpose in accordance with these Terms.

Copyright Infringement Notice (DMCA)

If you believe content hosted on FindMyPour infringes your copyright, please send a written notification pursuant to 17 U.S.C. § 512(c)(3) to our Designated Copyright Agent:

Designated DMCA Agent
North Shore Engagement Media LLC
Attn: Legal & Copyright Agent
Salem, MA 01970
Email: northshoreengagementmedia@gmail.com

Your notice must contain:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
• Information reasonably sufficient to permit us to contact you (address, telephone number, and email);
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• 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 owner.

12. Disclaimers

FINDMYPOUR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT VENUE INFORMATION, PRICES, OR DEAL AVAILABILITY ARE ACCURATE OR UP TO DATE. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE FOOD, DRINKS, SERVICE, ALCOHOLIC BEVERAGE COMPLIANCE, CONDUCT, OR PREMISES OF ANY VENUE, OR FOR THE CONDUCT OR ACTIONS OF OTHER USERS (INCLUDING GUESTS AND STAFF).

13. Indemnification by Venues

Each venue (and the individual executing or accepting these Terms on behalf of such venue) agrees to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective members, managers, officers, employees, and agents from and against any third-party claims, liabilities, damages, losses, fines, penalties, or expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) The venue's deals, specials, events, rewards, pricing, or promotional offerings;

(b) Its preparation, sale, or service of food, beverages, or alcohol, its physical premises, or the conduct of its staff;

(c) Content submitted by the venue or its staff; or

(d) The venue's violation of these Terms or any applicable law, statute, ordinance, or license condition.

We will provide prompt notice of any such claim and reserve the right to participate in the defense with counsel of our choosing at our own cost.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH FINDMYPOUR, OR FOR CLAIMS RELATING TO ANY VENUE'S PREMISES, ALCOHOL SERVICE, OR USER CONDUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS DO NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD BY THE COMPANY, OR TO ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE WAIVED UNDER MASSACHUSETTS GENERAL LAWS CHAPTER 93A (M.G.L. c. 93A).

15. Time to Bring a Claim

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR FINDMYPOUR MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE PERMANENTLY BARRED. THIS SECTION DOES NOT SHORTEN ANY STATUTORY LIMITATION PERIOD THAT CANNOT LAWFULLY BE SHORTENED BY PRIVATE AGREEMENT.

16. Dispute Resolution, Arbitration and Class Action Waiver

Governing Law: These Terms, and all disputes arising under or relating to them, are governed by the laws of the Commonwealth of Massachusetts and the Federal Arbitration Act (FAA), without regard to conflict-of-law principles.

Informal Resolution First: Prior to initiating arbitration or a court action, you and the Company agree to attempt to resolve any dispute informally for at least thirty (30) days following receipt of written notice describing the claim and the specific relief sought. Notices to the Company must be sent to the address in Section 19.

Binding Arbitration: Except as specified below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be settled by binding individual arbitration administered by the American Arbitration Association ("AAA").

• Disputes with Guests will be governed by the AAA Consumer Arbitration Rules.
• Disputes with Venues will be governed by the AAA Commercial Arbitration Rules.

For Guests, hearings may take place by videoconference, written submissions, or in the county of your residence. Otherwise, proceedings shall take place in Essex County, Massachusetts.

For consumer disputes, the Company will pay all AAA filing, administrative, and arbitrator fees as mandated by the AAA Consumer Rules. Judgment on the arbitration award may be entered in any court having jurisdiction.

Exceptions: Either party may bring an individual action in small claims court of competent jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Arbitration Opt-Out Procedure: You may opt out of this arbitration agreement by sending an email to northshoreengagementmedia@gmail.com within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your full legal name, the email or venue name associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not impact any other provision of these Terms.

Class Action and Jury Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE EXTENT A CLAIM PROCEEDS IN COURT, YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY. If this class action waiver is held unenforceable as to a particular claim, that claim must proceed in court and not in arbitration.

Jurisdiction and Venue: Any claim or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Essex County or Suffolk County, Massachusetts, and you and the Company irrevocably consent to the personal jurisdiction and venue of such courts.

17. Termination

You may stop using FindMyPour at any time. Guests may delete their pass in Settings (Clear & reset data); venue managers may delete their account in Settings. We reserve the right to suspend or terminate any pass or account that violates these Terms, and we may change, suspend, or discontinue any feature or portion of the Service. Where commercially reasonable, we will provide paying venues advance notice of significant service disruptions. Sections that by their nature survive termination (including Sections 7, 8 regarding outstanding fees, 12 through 16, and 19) shall survive.

18. Changes to These Terms

We reserve the right to modify these Terms. We will post revised versions with an updated "Last Updated" date. For material revisions, we will provide advance notice via the app and, for venues, via email, at least fifteen (15) days before changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. Modifications to Section 16 (Dispute Resolution) will not apply to disputes of which we had actual notice prior to the modification; you may reject a change to Section 16 by emailing us within thirty (30) days of the modification notice.

19. General Provisions

App Store Terms: If you accessed or downloaded FindMyPour from the Apple App Store or Google Play, you acknowledge that these Terms are concluded solely between you and the Company, not with Apple Inc. or Google LLC. The app store operators are not responsible for the Service or its maintenance. Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

Entire Agreement; Severability; Waiver: These Terms and our Privacy Policy constitute the entire agreement between you and the Company regarding FindMyPour. If any provision is found unenforceable, the remaining provisions will continue in full force. Failure to enforce any right or provision shall not constitute a waiver.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Force Majeure: The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, labor disputes, utility failures, or government regulations.

Contact & Formal Notices:

North Shore Engagement Media LLC
Salem, Massachusetts 01970
Email: northshoreengagementmedia@gmail.com
In-App: Navigate to Get Help in the app settings.