Terms of Service

Effective date: June 5, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you and Develemit LLC, doing business as Diner Decider ("Diner Decider," "we," "us," or "our") governing your access to and use of the Diner Decider web app, progressive web app, and any related services (collectively, the "Service"). By creating an account, signing in via Google or Apple, or otherwise accessing the Service, you agree to these Terms.

You must be at least 13 years old to use the Service. If you do not meet the age requirement, you may not use the Service. The Service is not directed to children under 13 and we do not knowingly collect personal information from anyone under 13.

The Service is also governed by our Privacy Policy, Acceptable Use Policy, Cookie Policy, and DMCA Notice and Take-Down Procedure, each of which is incorporated into these Terms by reference.

2. Account Registration and Responsibilities

To use most features of the Service you must create an account by signing in with a supported identity provider (currently Google or Apple). We do not maintain a separate username-and-password system; your sign-in is delegated to the identity provider, and you remain subject to that provider's terms in addition to ours.

You agree to: (a) provide accurate, current, and complete information; (b) maintain the security of your identity-provider account, because access to it grants access to your Diner Decider account; (c) promptly notify us at legal@dinerdecider.com if you suspect any unauthorized access; and (d) accept responsibility for all activity that occurs under your account, whether or not you authorized that activity.

One account per person. You may not transfer your account to anyone else, sell access to your account, or use someone else's account. We may suspend or remove accounts that appear to violate these rules.

If you sign in with Apple and choose to use Apple's private-relay email feature, we will receive a relay address rather than your real email. Account-related notices will be delivered to that relay address.

3. Acceptable Use

You agree not to use the Service for any unlawful or prohibited purpose. The full list of prohibited conduct is in our Acceptable Use Policy. At a minimum, you agree not to:

• Post content that is illegal, infringing, harassing, hateful, threatening, defamatory, fraudulent, or that violates anyone's privacy
• Scrape, mirror, or republish the Service or any user's content without our written permission
• Attempt to bypass rate limits, quotas, authentication, or security mechanisms
• Reverse-engineer, decompile, or attempt to derive the source code of the Service except as permitted by applicable law
• Use the Service to build a competing product
• Cache, redistribute, or republish restaurant data obtained through the Service in violation of the Google Maps Platform terms

When the AI-powered "Garçon" recommendation features ship in a future release, you also agree not to use the Service for any purpose prohibited by the underlying AI provider's acceptable use policy.

4. User Content

You retain ownership of the content you post, upload, or otherwise submit to the Service ("User Content"), including meal photos, notes, ratings, restaurant lists, and any other materials you provide.

You grant Diner Decider a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, distribute, and create derivative works of your User Content solely for the purpose of operating, maintaining, providing, and improving the Service. This includes creating thumbnails of photos, generating summary visuals such as stamps or year-in-review recaps, and displaying your content to other users you authorize to view it.

This license terminates when you delete the relevant User Content or your account, subject to (a) the period during which deleted content remains in backups under our retention policy described in the Privacy Policy, and (b) any sublicense you may have granted by enabling a public-sharing feature.

5. Photo Content

When you upload a photo to the Service you represent and warrant that:

• You own the rights to the photo or have a valid license to upload it
• You have obtained the consent of any identifiable people in the photo to your uploading it to the Service
• The photo does not violate any law, contract, or third-party right

We strip EXIF metadata, including GPS coordinates, from photos on the server before storage. Copyright take-down requests are handled under the DMCA Notice procedure.

6. AI Features Disclaimer

When the AI-powered "Garçon" recommendation features ship in a future release, the recommendations they produce are generated by a third-party AI model and are provided for informational and entertainment purposes only. AI-generated recommendations may be inaccurate, incomplete, or hallucinated. They are not professional dietary, medical, nutritional, allergy, or other advice.

By default, your meal history and passport data are used solely to generate your own recommendations at the time of a request and are not used to train the underlying AI model.

7. Payments, Billing, and Refunds

The core Service is free to use. We offer optional paid features under the "VIP Booth" name (the "Premium Subscription"). When the Premium Subscription is available, the following apply:

• Billing cadence: monthly or annual, as selected at signup; billed in advance via Stripe
• Automatic renewal: subscriptions renew automatically at the end of each billing period until you cancel. Annual renewals are preceded by an email reminder at least 30 days before the renewal date for users in California and the European Union
• Cancellation: you can cancel anytime from Settings; the Service continues at the Premium level until the end of the current billing period
• Refunds: subscriptions are non-refundable; you may cancel at any time and will retain Premium access through the end of the current billing period
• Price changes: we will give at least 30 days' advance notice of any price increase via email and in-app banner; you can cancel before the new price takes effect

Payment processing is provided by Stripe, Inc. Stripe handles your card data — we never see your full card number. Your use of the payment feature is also subject to Stripe's terms.

8. Intellectual Property

The Service, including its name, logo, design language, passport-stamp visual system, software, and all other content we create, is owned by Develemit LLC or its licensors and is protected by copyright, trademark, and other laws.

You receive a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use. Nothing in these Terms transfers any of our intellectual property to you.

Restaurant data displayed on the Service is provided by Google through the Google Maps Platform and is the property of Google and its licensors.

9. Privacy

How we collect, use, share, and protect your data is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you acknowledge that we will process your personal information as described in the Privacy Policy.

10. Disclaimers of Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY AS TO THE ACCURACY OF RESTAURANT INFORMATION, AI-GENERATED RECOMMENDATIONS, OR ANY OTHER CONTENT.

Some jurisdictions do not allow the exclusion of certain warranties; if you live in such a jurisdiction, some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT WILL DINER DECIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE.
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).

Nothing in these Terms limits liability for: (i) fraud or fraudulent misrepresentation; (ii) gross negligence; or (iii) any liability that cannot be excluded under applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Diner Decider and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

13. Termination

We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or for any other reason at our discretion. Where feasible we will give notice before termination. In urgent cases we may suspend immediately and provide notice afterward.

You may terminate your account at any time by using the "Delete account" action in Settings. Your account is recoverable for 30 days after deletion and is then permanently purged from the live Service. You may export your data before deleting using the "Export passport" action in Settings.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules.

Informal resolution. Before filing any claim, you agree to attempt informal resolution by emailing us at legal@dinerdecider.com with a description of the dispute. We will respond within 30 days. If the dispute is not resolved within 30 days of our response, either party may proceed to arbitration as described below.

Mandatory arbitration; class-action waiver. Any dispute that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator may award the same individual relief that a court could. You and Diner Decider both waive any right to a jury trial and to participate in any class action, mass action, or representative proceeding.

Carve-outs. Either party may bring an individual action in small-claims court for claims that qualify. Either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights.

Venue. If for any reason the arbitration agreement is unenforceable, any judicial action will be brought exclusively in the state or federal courts located in Arizona, and the parties consent to the personal jurisdiction of those courts.

15. Changes to These Terms

If a change is material, we will notify you at least 30 days in advance via an in-app banner, email, or both. Non-material changes (formatting, typos, clarifications) may be made without notice. Your continued use of the Service after the change takes effect constitutes your acceptance of the updated Terms.

16. Contact and Notice

For legal notices, email: legal@dinerdecider.com

For routine support: support@dinerdecider.com

Notices sent by email are deemed received 24 hours after sending to the address on file.

17. Severability and Entire Agreement

If any provision of these Terms is held to be unenforceable, the remainder will remain in full force. Our failure to enforce any provision is not a waiver of our right to enforce it later.

These Terms, together with the Privacy Policy, Acceptable Use Policy, Cookie Policy, and DMCA Notice, constitute the entire agreement between you and Diner Decider regarding the Service.

18. Export Controls and Sanctions

You may not use the Service if you are located in, ordinarily resident in, or a national of any country or region embargoed by the United States (currently Cuba, Iran, North Korea, Syria, and the occupied regions of Ukraine). You may not use the Service if you appear on the US Treasury Department's Specially Designated Nationals list or any equivalent list maintained by the US government. You represent and warrant that you are not located in such a country and are not on such a list.