Terms of Service
These Terms of Service ("Terms") are an agreement between you and Recap ("Recap," "we," "us") and govern your use of the ^recap app and related services. By creating an account or using ^recap, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use ^recap.
1. Who can use ^recap
- You must be at least 21 years old.
- You must be able to form a binding contract and not be barred from using ^recap under any applicable law.
- You can't use ^recap if we've previously removed your account, unless we say otherwise.
- One person per account. Give accurate information, keep your password secure, and tell us if you think someone else has accessed your account. You're responsible for what happens on your account.
2. What ^recap is, and what it isn't
^recap is for entertainment: scoring your nights, sharing them with friends, and finding places to go. Scores, badges, and ratings are for fun. They aren't professional assessments of anyone or anything.
Venue information such as names, locations, hours, and statistics comes from many sources and from users' recaps, and may be incomplete, out of date, or wrong. Check before you go. Venues shown in ^recap aren't affiliated with us unless we say so.
3. Drink responsibly
^recap does not encourage drinking or excessive drinking, and the score is built so that drinking more never earns a better night. Know your limits. Never drink and drive, and plan a safe ride home. Don't use ^recap while driving, and never use it to pressure anyone to drink. You are solely responsible for your choices and your safety, and for following the law where you are.
If you or someone with you needs help, call 911 or your local emergency number.
4. Your content
You own what you post on ^recap, including your cards, photos, captions, comments, and ratings ("your content").
You give Recap a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, adapt (for example, resize or reformat), and distribute your content, only for operating, providing, and improving ^recap. That includes showing your content to other users according to your settings and combining your ratings into bar statistics. This license ends when you delete the content or your account, except for copies that remain for a limited time in backups.
You promise that you have the rights to everything you post, including permission from anyone who appears in your photos.
5. Community rules
^recap has zero tolerance for objectionable content and abusive users. Don't post or do any of the following:
- Harass, bully, threaten, or intimidate anyone.
- Post hate speech, or attack people based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, or any other protected characteristic.
- Post nudity, sexual content, or sexually explicit descriptions, including in captions and comments.
- Post violence or threats, encourage self-harm, or promote dangerous behavior such as drunk driving.
- Feature anyone under 21, or show or promote underage drinking.
- Post photos or details of other people without their consent, share anyone's private information, or tag people to embarrass them.
- Promote or engage in illegal activity, including the use or sale of illegal drugs.
- Spam, scam, impersonate anyone, create fake accounts, or post fake or paid-for ratings of venues.
- Interfere with ^recap: scrape it, hack it, reverse-engineer it, overload it, access it by automated means, or get around privacy settings or blocks.
6. Reporting, blocking, and enforcement
You can report any card, comment, or profile from its menu, and block any user. We review every report within 24 hours. We remove content that breaks these Terms, and we may suspend or permanently remove the accounts of users who post it.
We may remove content or restrict accounts at our discretion to protect ^recap and its users. We don't review all content before it's posted and aren't responsible for content posted by users.
7. Ending your account
You can delete your account at any time from Settings. Our Privacy Policy explains what happens to your information when you do.
We may suspend or end your access to ^recap if you break these Terms, if the law requires it, or if your use creates risk for us or other users. Sections that by their nature should continue after your account ends, including those on content licenses, disclaimers, liability, and disputes, will continue.
8. Our rights
^recap, including its name, the caret logo, its design, and its software, belongs to Recap and is protected by intellectual property laws. We give you a personal, non-exclusive, non-transferable, revocable license to use the app as these Terms allow. If you send us ideas or feedback, we may use them without any obligation to you.
9. Third-party services
^recap relies on other companies' services, including maps from Esri and its data providers (including © OpenStreetMap contributors) and hosting from Supabase. Their own terms govern their services, and we aren't responsible for them.
10. Disclaimers
^recap is provided "as is" and "as available." To the fullest extent the law allows, Recap disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and the accuracy of venue information, and we don't promise that ^recap will be uninterrupted or error-free. Some places don't allow these disclaimers, so some of them may not apply to you.
11. Limitation of liability
To the fullest extent the law allows, Recap will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, or for any harm arising from alcohol consumption, your conduct or the conduct of others at venues, or your interactions with other users. Recap's total liability for any claim relating to ^recap is limited to the greater of $50 or the amount you paid us in the 12 months before the claim. Some places don't allow these limits, so some of them may not apply to you.
12. Indemnity
You agree to defend and indemnify Recap against any claims, losses, and expenses, including reasonable legal fees, that arise from your content, your use of ^recap, or your breaking these Terms or the law.
13. Apple App Store terms
If you downloaded ^recap from Apple's App Store, these additional terms apply:
- These Terms are between you and Recap only, not Apple. Apple is not responsible for ^recap or its content.
- Your license to use ^recap is limited to Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide any maintenance or support for ^recap.
- If ^recap fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the fullest extent the law allows, Apple has no other warranty obligation for ^recap.
- Apple is not responsible for addressing any claims by you or anyone else relating to ^recap, including product liability claims, claims that ^recap fails to meet a legal or regulatory requirement, and claims under consumer protection or similar laws.
- Apple is not responsible for investigating, defending, settling, or discharging any claim that ^recap infringes someone else's intellectual property rights.
- You confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple may enforce them against you.
14. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute relating to ^recap will be resolved exclusively in the state or federal courts located in Dallas County, Texas, and you and Recap consent to their jurisdiction, except that either of us may bring an individual claim in small claims court. Nothing in these Terms takes away rights you have under the consumer protection laws of the place where you live.
15. Changes to these Terms
We may update these Terms. When we do, we'll change the effective date above, and if a change is significant, we'll tell you in the app before it takes effect. If you keep using ^recap after a change takes effect, you accept the updated Terms.
16. General
These Terms and our Privacy Policy are the entire agreement between you and Recap about ^recap. If any part of these Terms can't be enforced, the rest still applies. If we don't enforce a part of these Terms, we haven't waived it. You can't transfer these Terms without our consent; we may transfer them as part of a merger, acquisition, or sale of assets.
17. Contact us
Questions about these Terms: recaplegal@outlook.com.