Terms of Service

Acceptance of Terms of Use

HeyWhatsTheDeal, Inc. ("HeyWhatsTheDeal," "HeyWhats," "HWTD," "we," "us," or "our") owns and operates:

• The websites www.heywhatsthedeal.com and www.heywhats.app (the "Site")
• Mobile applications available through Apple App Store, Google Play Store, or other distribution platforms (the "Apps")
• The merchant web portal for business account management (the "Portal")

The Site, Apps, Portal, and all related services are collectively referred to as the "Service." These Terms of Use apply to your use of any part of the Service.

By (a) using the Service, (b) signing up for an account, (c) downloading or installing our Apps, and/or (d) completing a purchase or redemption through the Service, you agree to these Terms of Use and any additional terms applicable to certain programs in which you may elect to participate.

You also agree to our Privacy Statement, incorporated herein by reference and located within our Privacy Policy ("Privacy Statement"), and acknowledge that you will regularly visit the Terms of Use to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Service with crawlers, robots, data mining, artificial intelligence (A.I.), or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SERVICE AND DO NOT USE ANY HEYWHATS SERVICE, PARTICIPATE IN ANY PROGRAM, OR REQUEST OR REDEEM ANY DEAL OFFERED THROUGH THE SERVICE.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION/RELEASE.

1. Permitted Uses

The Service provides an interactive online and mobile platform operated by HeyWhatsTheDeal, Inc., consisting primarily of promotion and marketing services on behalf of certain merchants ("Merchants") advertising deals for Merchant goods and services available to its users. As a condition of your use of this Service, you agree that:

• You are an individual person at least 18 years of age;
• You possess the authority to create a binding legal obligation;
• Your use of this Service will at all times comply with the terms of this Agreement;
• You may download, install, and use our mobile applications on devices you own or control;
• You may use the Apps to browse, request, and redeem deals from Merchants;
• If you are a Merchant, you may use the Portal and Apps to create deals, manage your business profile, and scan customer QR codes for redemption;
• If you elect to create an account:
  • You may create only one account for your personal use;
  • You may only request and redeem deals that comply with the letter and spirit of the terms of the respective offers;
  • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it;
  • You have the right to provide any and all information you submit to the Service, the information is only about yourself, and all such information is accurate, true, current and complete.

2. Availability of the Service

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Service accessible, the Service, including the Site, Apps, and Portal, may be unavailable from time to time for any reason including, without limitation, routine maintenance, app store processing, or circumstances beyond our control. You understand and acknowledge that due to circumstances both within and outside of our control, Service access may be interrupted, suspended or terminated.

App availability is subject to the terms and policies of third-party app stores (Apple App Store, Google Play Store). We are not responsible for any app store's decision to remove, suspend, or restrict access to our Apps.

HWTD retains the right at our sole discretion to deny service, or access to the Service to anyone or any account, at any time and for any reason.

3. Ownership of the Service

The content and information on the Service, including all Apps, Portal interfaces, and Site content, as well as the infrastructure used to provide all of the foregoing, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Service.

4. Transmission of Information

Because we do not control the security of the Internet, mobile networks, or other networks you use to access the Service or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with HWTD and the Service while it is being transmitted. In addition, HWTD is not responsible for any data lost during transmission.

5. Your Conduct on our Service

Our Service is private property. All interactions on this Service must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Service, we may limit your privileges on the Service and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, that are prohibited on the Service and constitute expressed violations of this Agreement:

• Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your HeyWhatsTheDeal account or in order to create multiple HeyWhats accounts;
• Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
• Attempting to scan, or test the security or configuration of the Service or to breach security or authentication measures without proper authorization;
• Tampering or interfering with the proper functioning of any part of the Service and any and all functions and services provided by HeyWhatsTheDeal;
• Reverse engineering, decompiling, or disassembling any part of the Apps or Service;
• Circumventing app store distribution or sideloading unauthorized versions of the Apps;
• Manipulating QR codes, redemption systems, or deal validation processes;
• Using modified, jailbroken, or rooted devices to exploit or manipulate the Service;
• Automating deal requests, redemptions, or any other Service functionality without authorization;
• Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Service, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Service;
• Using the Service or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with HeyWhatsTheDeal;
• Reselling or re-purposing your access to the Service or any deals obtained through the Service;
• Using the Service or any of its resources to solicit Service End Users, Merchants or other business partners of HeyWhatsTheDeal to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with HeyWhatsTheDeal;
• Using any End User or Merchant information from the Service for any commercial purpose, including, but not limited to, marketing;
• Accessing, monitoring or copying any content or information from this Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Acting illegally or maliciously against the business interests or reputation of HeyWhatsTheDeal, our Merchants or our services.

6. Creating an Account

If you create an account on our Service, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. Your account is linked across all platforms of the Service. Logging in through the Site, Apps, or Portal uses the same account credentials. You are responsible for maintaining the security of any devices on which you access the Service. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending deals.

If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Service or in connection with your HeyWhatsTheDeal account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Service.

7. Mobile Application License

Subject to your compliance with these Terms, HeyWhatsTheDeal grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Apps on mobile devices that you own or control, solely for your personal, non-commercial use (or, for Merchants, for business use in connection with your merchant account).

You acknowledge that:

• This license does not transfer ownership of the Apps to you;
• The Apps may require periodic updates, which may be installed automatically;
• Certain features may require specific device capabilities, operating system versions, or permissions;
• Your use of the Apps is also subject to the terms and conditions of the applicable app store.

8. Deals and Redemptions

Deal Availability. Requesting a deal does not guarantee that you will receive it. Deals are subject to quantity limits, time restrictions, geographic restrictions, and availability. Deals may be claimed by other users before your request is processed.

Redemption Terms. Deals may only be redeemed once unless explicitly stated otherwise. A valid QR code and account verification are required for redemption. Merchants reserve the right to refuse redemption for any reason, including suspected fraud, violation of deal terms, or technical errors.

Merchant Responsibility. Deal terms, descriptions, pricing, and restrictions are created and managed by Merchants. HeyWhatsTheDeal does not verify the accuracy of deal information and is not responsible for any errors in deal content or Merchant compliance with applicable laws.

Expiration and Modifications. Deals have expiration dates; unredeemed deals expire with no refund, replacement, or compensation. Merchants may modify or withdraw deals at any time prior to redemption.

No Cash Value. Deals have no cash value and cannot be exchanged for money, combined with other offers (unless explicitly permitted), or transferred to other users.

9. Data and Privacy

Customer Information. HeyWhatsTheDeal stores customer account information (such as email, name, and phone number) securely. We do not provide Merchants with direct access to customer contact information.

Redemption Verification. During the deal redemption process, limited identifying information (first name, last initial, and last four digits of phone number) is temporarily displayed to the Merchant solely for the purpose of verifying the customer's identity. This information is not stored in the redemption record and is no longer accessible to the Merchant after the redemption is complete.

Redemption Records. Completed redemption records contain only anonymized transaction data, including member identifiers, timestamps, and deal information. Personally identifiable information is not retained in redemption records.

Merchant Communications. Merchants may send communications (such as push notifications) to customers who have engaged with their deals. These communications are processed securely through HeyWhatsTheDeal's systems using anonymized member identifiers. Merchants do not receive direct access to customer contact information for external use.

Account Deletion. If you delete your account, your transaction history and relationship with Merchants through the Service is permanently severed. Merchants will no longer be able to reach you through the Service, and you will lose access to any unredeemed deals.

Merchant Data. Merchants retain ownership of their deal content, business information, and branding. HeyWhatsTheDeal may use aggregated, anonymized transaction data for platform improvement, analytics, and reporting.

10. Location Services and Device Permissions

The Apps may request access to location services (for deal discovery), camera (for QR code scanning), and push notifications. You may control these permissions through your device settings, though disabling certain permissions may limit Service functionality.

The Service may use location information to provide location-based deal discovery and other features. By enabling location services, you consent to the collection and use of your location data as described in our Privacy Policy. You may disable location services at any time through your device settings, but this may limit your ability to discover deals near you.

11. Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Service we will notify you by sending you an e-mail to the e-mail address that is registered with your account, by push notification through the Apps, and/or by posting notice of the change on the Service. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you, push notification, or our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Service. Your use of the Service after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Service including, but not limited to, requirements for access or use.

12. Copyright and Trademarks

Everything located on or in this Service is the exclusive property of HeyWhatsTheDeal, Inc. or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SERVICE WITHOUT THE EXPRESS WRITTEN PERMISSION OF HEYWHATSTHEDEAL IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are protected by copyright as a collective work under the United States copyright laws. HeyWhatsTheDeal owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of HeyWhatsTheDeal or the copyright owner is permitted.

HeyWhatsTheDeal is a trademark of HeyWhatsTheDeal, Inc. It, together with other trademarks that are located within or on the Service otherwise owned or operated in conjunction with HeyWhatsTheDeal shall not be deemed to be in the public domain but rather the exclusive property of HeyWhats, unless such mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of HeyWhatsTheDeal, unless otherwise stated.

13. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

HeyWhatsTheDeal reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the Service by an End User in a way that constitutes copyright infringement, you shall provide HeyWhatsTheDeal with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Service of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact info for HeyWhatsTheDeal's DMCA Agent for notice of claims of copyright infringement is: dmca@heywhats.com

14. Unsolicited Ideas

We do not accept or consider, directly or through any HeyWhatsTheDeal employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form ("unsolicited materials"). If you send us unsolicited materials, you understand and agree that the following terms will apply:

• HeyWhatsTheDeal has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
• HeyWhatsTheDeal will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

15. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT THE USE OF THIS SERVICE IS AT YOUR SOLE RISK. NEITHER HEYWHATSTHEDEAL, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SERVICE, (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DEAL DESCRIPTIONS), SERVICES, OR DEALS PROVIDED THROUGH THIS SERVICE, OR (III) THE COMPATIBILITY OF THE APPS WITH YOUR DEVICE. THE SERVICE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SERVICE, AND DEALS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. HWTD HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SERVICE, OR THE DEALS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

16. Limitation of Liability

IN NO EVENT SHALL HEYWHATSTHEDEAL, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE DEALS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE, OR THESE TERMS OF USE.

TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

17. Arbitration

We will make every reasonable effort to resolve any disagreements that you have with HeyWhatsTheDeal. If those efforts fail, by using this Service you agree that any claim, dispute, or controversy you may have against HeyWhats arising out of, relating to, or connected in any way with this Agreement or this Service, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures").

You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and HeyWhatsTheDeal; (b) the arbitrator shall apply Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or HWTD's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HWTD will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor HeyWhatsTheDeal shall be entitled to arbitrate their dispute.

18. End User Communications

HeyWhatsTheDeal in some instances allows you and other End Users to use the Service to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Service from time to time (collectively "Communities"). HeyWhatsTheDeal shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by HeyWhats, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, HeyWhatsTheDeal shall have the right, but not the obligation, to remove any material from the Communities that HWTD, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of HeyWhatsTheDeal.

19. Websites and Services of Others

The Service contains links to websites and services maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites or services maintained by other parties, you do so at your own risk.

20. Public Nature of Your Statements

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of HeyWhatsTheDeal services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. HeyWhatsTheDeal does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Service are not confidential.

21. License Grant

By posting Statements or other information on, or through the Communities, you grant HeyWhatsTheDeal a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known, or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

22. Indemnification/Release

You agree to defend, indemnify and hold harmless HeyWhatsTheDeal, Inc. its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any deals redeemed by you in connection with the Service, or any use of the Service in violation of these Terms.

You are solely responsible for your interactions with Merchants and other users of the Service. To the extent permitted under applicable laws, you hereby release HWTD from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of an offered deal, and any conduct or speech, whether online or offline, of any other user.

23. Termination

HeyWhatsTheDeal may terminate these Terms of Use at any time. Without limiting the foregoing, HeyWhatsTheDeal shall have the right to immediately terminate or suspend any of your passwords or accounts in the event HeyWhatsTheDeal considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

24. Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Service or HeyWhatsTheDeal's services shall be governed by the internal laws of the State of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision shall be governed by the Federal Arbitration Act.

25. Additional Disclosures

No waiver by either you or HeyWhatsTheDeal of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

You are contracting with HeyWhatsTheDeal, Inc. Correspondence should be directed to: support@heywhats.com