These Terms of Use, which are also the End User License Agreement (“Terms”), are an agreement between you and BarWave LLC (“BarWave”, “we”) about your use of the BarWave iOS app (the “App”) and the barwave.app website (together, the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Who can use BarWave
You must be of legal drinking age where you live (21 in the United States) to use BarWave. You must give accurate information, keep your sign-in secure, and you are responsible for what happens on your account. One person, one account.
2. Zero tolerance for objectionable content and abusive users
BarWave has zero tolerance for objectionable content and abusive users. By using the Service you agree that you will not post, send or share content, or behave in a way, that:
- harasses, bullies, threatens, stalks, intimidates or impersonates anyone;
- is hateful or discriminates on the basis of race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability or any other protected characteristic;
- is sexually explicit, pornographic, or sexualizes minors in any way;
- depicts or promotes violence, self-harm, illegal drugs, or dangerous or illegal activity, including drunk driving or serving or encouraging drinking by anyone under the legal drinking age;
- shares someone else’s private information (such as their location, phone number or photos) without their permission;
- is spam, a scam, false or misleading, or infringes anyone’s intellectual property or privacy rights; or
- attempts to hack, scrape, overload or interfere with the Service or other users’ accounts.
Reporting and blocking. You can report objectionable content from inside the App, block any user from their profile so they can no longer contact you, or email support@barwave.app to report content or a user. We review reports of objectionable content within 24 hours. When content breaks these Terms we remove it, and we suspend or permanently remove the account of any user who posted it or who abuses others, without notice. We may also report illegal content to law enforcement.
3. Your content
You own the photos, videos, messages and other content you post (“Your Content”). You give BarWave a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce and distribute Your Content only to operate, improve and promote the Service, for example to show your post to the people you shared it with or to build a preview when you share a link. This license ends when you delete Your Content or your account, except for content others have already received (such as chat messages) and copies kept for legal reasons. You confirm you have the rights to everything you post.
4. License to use the App
BarWave grants you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may not copy, modify, reverse engineer, rent, sell or distribute the App, or use it to build a competing service. All rights not granted to you are reserved by BarWave.
5. Google Maps and Places
The Service uses Google Maps and Google Places to show maps and bar information (names, addresses, hours, photos and ratings). By using those features you agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy), which are incorporated into these Terms. Place information comes from Google and third parties; we do not guarantee that it is accurate or current.
6. Drink responsibly and stay safe
BarWave helps you find bars, friends and events; it does not serve alcohol, and it does not check identification. Always follow the law, drink responsibly, never drink and drive, and use care when meeting people you know only through the App. Deals, events and venue details are offered by venues and may change; BarWave is not responsible for a venue’s products, services or conduct.
7. Ending your account
You can delete your account at any time in the App under Profile → Settings → Delete Account (see Delete your account). We may suspend or end your access at any time if you break these Terms or put other users at risk. Sections 3 (for content already shared), 8, 9, 10 and 12 survive.
8. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT THE LAW ALLOWS. We do not promise the Service will be uninterrupted, error-free or secure, or that content from users, venues or Google is accurate.
9. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, BARWAVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE OR FROM THE CONDUCT OF OTHER USERS OR VENUES. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF US$100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. Some places do not allow these limits, so they may not apply to you.
10. Indemnity
You agree to defend and hold harmless BarWave from claims arising from Your Content or your breach of these Terms.
11. Apple-specific terms
If you downloaded the App from the Apple App Store:
- These Terms are between you and BarWave only, not Apple. BarWave, not Apple, is solely responsible for the App and its content.
- Apple has no obligation to provide any maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent the law allows, Apple has no other warranty obligation for the App.
- BarWave, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and consumer protection or privacy claims.
- BarWave, not Apple, is responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes a third party’s intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms (such as your wireless carrier’s) when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them Apple will have the right to enforce them against you.
12. General
These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-law rules, and disputes will be resolved in the state or federal courts located in New York County, New York, unless the law where you live requires otherwise. If any part of these Terms is unenforceable, the rest stays in effect. We may update these Terms; we will post the new version here with a new date and, for significant changes, tell you in the App. Using the Service after a change means you accept it.
13. Contact
BarWave LLC
Email: support@barwave.app