The rules of play

1. Our Services

The Services may allow you to:

• create, access, and update a customer profile;
• verify your phone number using one-time passcodes or short codes;
• discover participating venues and view venue information, hours, locations, availability, promotions, menus, pricing, and unavailable items;
• check in at a service point (like a table or golf hole);
• upload profile pictures where enabled;
• place, validate, modify, and pay for orders;
• add tips, discounts, coupons, gift cards, and payment methods where available;
• open, update, and close tabs;
• receive receipts, payment updates, refund information, order updates, waitlist updates, and other service-related notices;
• purchase, manage, update payment methods for, cancel, or revoke cancellation requests for subscriptions or memberships offered through participating venues;
• join or leave a waitlist;
• submit service requests to venue staff;
• submit ratings, comments, and feedback;
• receive push notifications, live activity updates, SMS/text messages, RCS messages, and similar communications where enabled;
• track golf scores;
• receive highlight clips from play.

Some Services are provided by or on behalf of participating restaurants, entertainment venues, hospitality businesses, merchants, or other venue operators (“Venues”). Venue offerings, prices, availability, hours, policies, subscriptions, refunds, and fulfillment are controlled by the applicable Venue unless we expressly state otherwise.

2. Eligibility and Accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services for purchases, payments, subscriptions, or other legally binding transactions. You agree to provide accurate information, including your name, phone number, email address, payment information, birthday, location, or other details you choose to provide.

You are responsible for all activity associated with your account, device, phone number, payment method, and credentials. You agree to keep your account information current and to notify us promptly if you believe your account or payment information has been compromised.

3. Phone Verification, SMS, Text, and RCS Communications

Program name: PopStroke Customer Messaging.

Program description: PopStroke Customer Messaging provides customer communications related to your use of the Services, including account verification codes, order and tab updates, payment and receipt notices, refund updates, waitlist notifications, subscription or membership notices, venue service updates, customer support messages, and, where you separately opt in, promotional or marketing messages from PopStroke or participating Venues.

By providing your phone number and using the Services, you authorize us, participating Venues, and our service providers to send you transactional and service-related communications by SMS, text message, RCS message, MMS, push notification, live activity update, or similar channels. Where required by law, we will obtain your consent before sending marketing or promotional messages.

Message frequency varies based on your actual use of the Services, including account activity, orders, tabs, payments, receipts, refunds, waitlist activity, subscriptions, service requests, support interactions, and marketing preferences. Consent to receive marketing messages is not required to make a purchase.

We do not share text messaging consent information with third parties. Text messaging originator opt-in data and consent will not be shared with any third parties.

You may opt out of SMS, text, or RCS messages by replying STOP to end. After you send STOP, you may receive a final confirmation message, and we will stop sending messages to that number except where permitted or required by law. You may reply HELP for help or customer care information. Message and data rates may apply.

Carriers are not liable for delayed or undelivered messages. Delivery of SMS, text, RCS, MMS, push notifications, and live activity updates depends on third-party networks, carriers, platforms, and device settings, and we do not guarantee that any message will be delivered, delivered on time, or displayed as intended.

Our collection, use, and handling of personal information is described in our Privacy Policy: https://my.popstroke.com/privacy-policy/.

4. Location, Check-In, and Venue Services

Certain Services may use location information, device information, beacons, QR codes, venue areas, venue points, or similar technology to identify nearby Venues, support check-in, assign service locations, route service requests, display waitlist information, or enable payments and order fulfillment.

You are responsible for confirming that your selected Venue, service location, order, tab, waitlist, subscription, and payment details are accurate before submitting any request or transaction.

5. Orders, Tabs, Pricing, and Availability

Menus, product descriptions, modifiers, prices, discounts, taxes, fees, promotions, coupons, availability, service options, and estimated wait or fulfillment times may change at any time. Items may be unavailable, delayed, substituted, modified, or canceled by the applicable Venue.

When you submit an order, basket, tab update, checkout, or payment request, you authorize the applicable charges, including item prices, taxes, tips, fees, discounts, and other amounts shown at checkout. Opening a tab may allow additional authorized charges to be added before the tab is closed.

We and the applicable Venue may reject, cancel, refund, adjust, or refuse an order, tab, payment, promotion, subscription, or service request where permitted by law, including because of suspected fraud, payment failure, inventory changes, incorrect pricing, operational issues, venue closure, or violation of these Terms.

6. Payments and Payment Methods

The Services may allow you to pay online using cards, saved payment methods, gift cards, cash-related workflows, or other payment options made available from time to time. Payment processing may be provided by third-party payment processors. By submitting payment information, you authorize us, the applicable Venue, and our payment processors to charge, authorize, capture, store, tokenize, or otherwise process your payment method as needed to complete your transaction and provide related Services.

You represent that you are authorized to use any payment method you provide. We are not responsible for fees charged by your bank, card issuer, carrier, or payment provider.

7. Tips, Discounts, Coupons, and Gift Cards

Tips, discounts, coupons, promotions, and gift cards may be subject to additional terms, availability, eligibility rules, expiration dates, limits, exclusions, or Venue-specific policies. Unless required by law or expressly stated otherwise, promotions have no cash value, may not be combined, and may be modified or discontinued at any time.

8. Subscriptions and Memberships

The Services may allow you to purchase subscriptions, memberships, passes, or recurring plans offered by participating Venues. Subscription terms may include the plan name, description, price, billing interval, billing schedule, minimum term, start date, renewal terms, required customer information, signature, and cancellation terms shown when you enroll.

By purchasing a subscription, you authorize recurring charges to your selected payment method until the subscription ends, is canceled, expires, or otherwise terminates under its terms. You are responsible for keeping your payment method current. If payment fails, your subscription may become pending, overdue, failed, canceled, or otherwise limited.

You may request cancellation where the Services make cancellation available, subject to the plan terms and applicable law. Cancellation may take effect at the end of the current billing period, after a minimum term, or on another date disclosed at enrollment or cancellation.

9. Refunds, Cancellations, and Receipts

Refunds, voids, reversals, order cancellations, tab cancellations, subscription payment cancellations, and other adjustments are subject to applicable law, payment processor rules, and the policies of the applicable Venue. Receipts and payment records may be provided through the Services, by text message, by push notification, or through other available channels.

10. Reviews, Feedback, and User Content

You may submit reviews, ratings, comments, photos, profile information, service requests, cancellation reasons, callback requests, and other content (“User Content”). You are responsible for your User Content and must not submit content that is unlawful, false, misleading, infringing, abusive, harassing, obscene, discriminatory, or otherwise inappropriate.

You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, and use your User Content as reasonably necessary to operate, improve, protect, and promote the Services and support participating Venues, subject to our Privacy Policy.

11. Privacy

Our collection, use, disclosure, and retention of personal information are described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. Please review it carefully before using the Services.

12. Acceptable Use

You agree not to misuse the Services, including by:

• using the Services for unlawful, fraudulent, abusive, or harmful purposes;
• impersonating another person or misrepresenting your identity;
• submitting false orders, payment information, reviews, requests, or account information;
• interfering with venue operations or other users’ use of the Services;
• attempting to access accounts, systems, data, APIs, or features without authorization;
• reverse engineering, scraping, copying, or disrupting the Services except as permitted by law;
• bypassing security, rate limits, payment flows, authentication, or access controls.

13. Third-Party Services

The Services may rely on third-party services, including payment processors, messaging providers, mobile platforms, cloud providers, analytics providers, map/location providers, app stores, and Venue systems. Your use of third-party services may be subject to their own terms and policies. We are not responsible for third-party services, networks, delays, outages, fees, or errors.

14. Service Changes and Availability

We may modify, suspend, discontinue, limit, replace, or remove any part of the Services at any time, with or without notice, at our sole discretion. We do not guarantee that the Services will be uninterrupted, accurate, secure, available, or error-free.

15. Changes to These Terms

We may change these Terms at any time at our sole discretion. When we make changes, we may update the effective date, post the revised Terms, provide notice through the Services, or use other reasonable methods of notice. Your continued use of the Services after changes become effective means you accept the revised Terms. If you do not agree, you must stop using the Services.

16. Disclaimer of Warranties

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted operation.

Venue products, food, beverages, activities, events, memberships, service quality, safety, allergens, pricing, fulfillment, and customer service are the responsibility of the applicable Venue unless we expressly state otherwise.

17. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, service interruption, payment processing errors, message delivery failures, venue delays, or third-party conduct.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid through the Services in the three months before the event giving rise to the claim or (b) $100.

18. Indemnity

You agree to indemnify and hold harmless Company, its affiliates, service providers, and personnel from and against claims, losses, liabilities, damages, costs, and expenses arising from your misuse of the Services, violation of these Terms, violation of law, User Content, or infringement of another person’s rights.

19. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you violated these Terms, created risk, caused possible legal exposure, misused the Services, or if we discontinue the Services. You may stop using the Services at any time and may request deletion of your customer account where available, subject to our Privacy Policy and legal retention obligations.

20. Governing Law

These Terms are governed by the laws of [STATE/COUNTRY], without regard to conflict-of-law rules. Any dispute will be handled in the courts located in [VENUE/JURISDICTION], unless applicable law requires otherwise.

21. Contact

Questions about these Terms may be sent to:

PopStroke
1001 N. US Highway 1, Suite 500
Jupiter, FL 33477
help@popstroke.com