FREQUENTOR TERMS OF SERVICE

Effective Date: December 17, 2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE FREQUENTOR APP. BY ACCESSING OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your use of the Frequentor mobile application (“App”), owned and operated by Frequentor (“we,” “us,” or “our”). By creating an account or using the App, you agree to these Terms, our Privacy Policy, and any other policies we may implement.

2. Eligibility

You must be at least 21 years old in the United States, or 18 years old in other jurisdictions, to use Frequentor. By using the App, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms.

3. Description of Service

Frequentor is a social platform that connects customers with service staff (bartenders, servers, and other hospitality workers) at restaurants, bars, and other venues. The App allows:

Customers to follow and receive notifications when their preferred staff members are working
Service staff to share their work schedules and availability with customers
Venue managers and owners to access AI-powered customer insights and analytics

4. CRITICAL VENUE LIABILITY PROTECTIONS

4.1 Independent User Relationships

Connections between service staff and customers through Frequentor are INDEPENDENT of venue employment relationships. When staff members use Frequentor to connect with customers:

They do so as individual users, not as representatives of their employer
These connections are personal choices made outside the scope of employment
Venues have no control over, responsibility for, or involvement in these connections
Staff participation in Frequentor is voluntary and not required by any venue

4.2 Venue Disclaimer of Liability

VENUES, VENUE OWNERS, VENUE MANAGERS, AND VENUE EMPLOYEES (OTHER THAN THE INDIVIDUAL STAFF MEMBER USING THE APP) ARE NOT LIABLE FOR:

Any interactions, communications, or meetings between staff and customers facilitated through Frequentor
Harassment, stalking, threats, assault, or any harmful conduct by customers toward staff that originates from or relates to Frequentor connections
Harassment, misconduct, or inappropriate behavior by staff toward customers that originates from or relates to Frequentor connections
Altercations, disputes, or conflicts between staff and customers who connected via the App
Off-premises interactions between staff and customers
Customer visits motivated by staff availability shown in the App
Any injuries, damages, losses, or harm arising from connections made through Frequentor
Privacy breaches or information sharing between users

4.3 User Acknowledgment

By using Frequentor, you explicitly acknowledge and agree that:

Your use of the App is personal and voluntary
Venues are third-party beneficiaries of these Terms with full rights to enforce protections
You will not hold venues responsible for any incidents arising from App-facilitated connections
Frequentor, not venues, operates and controls the platform

5. User Responsibilities and Conduct

You agree to:

Provide accurate, current, and complete information
Maintain the confidentiality of your account credentials
Use the App in compliance with all applicable laws and regulations
Treat other users with respect and refrain from harassment, threats, or inappropriate behavior
Report any safety concerns, harassment, or Terms violations immediately
Accept full responsibility for your interactions with other users

Prohibited Conduct:

Harassment, stalking, threatening, or abusing other users
Impersonating another person or entity
Sharing false, misleading, or defamatory information
Attempting to hack, reverse engineer, or compromise App security
Using the App for commercial solicitation without authorization
Violating any user’s privacy or collecting personal information without consent

6. Safety Features

Frequentor provides the following safety tools:

Block Feature: Users can block other users to prevent all contact and visibility
Report Feature: Users can report harassment, threats, or Terms violations
Privacy Controls: Users control profile visibility, location sharing, and notification preferences

You are solely responsible for using these features to protect yourself. We strongly encourage immediate use of the block and report features if you experience any concerning behavior.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Frequentor, its affiliates, officers, directors, employees, agents, AND ALL VENUES, VENUE OWNERS, VENUE MANAGERS, AND VENUE EMPLOYEES from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the App
Your violation of these Terms
Your interactions with other users (whether staff or customers)
Any harassment, altercations, disputes, or incidents involving you and other users
Your violation of any third-party rights, including venue policies or local laws

This indemnification obligation survives termination of your account and these Terms.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREQUENTOR AND ITS AFFILIATES, AND ALL VENUES USING OR FEATURED IN THE APP, SHALL NOT BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
ANY DAMAGES ARISING FROM INTERACTIONS BETWEEN USERS
ANY PERSONAL INJURY, HARASSMENT, ASSAULT, OR OTHER HARM RESULTING FROM APP USE
ANY SECURITY BREACHES OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

9. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the App will be uninterrupted, secure, or error-free. We do not warrant the accuracy or reliability of user-generated content, staff schedules, or location information.

10. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

Violation of these Terms
Harassment or threatening behavior toward other users
Fraudulent or illegal activity
Any reason we deem necessary to protect the safety and integrity of the platform

You may terminate your account at any time by contacting us at support@frequentor.com.

11. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive your right to participate in class action lawsuits or class-wide arbitration.

Arbitration shall take place in Texas. The arbitrator’s decision is final and binding. This arbitration agreement survives termination of these Terms.

12. Intellectual Property

All content, features, and functionality of the App (including text, graphics, logos, software, and design) are owned by Frequentor and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App with a new “Effective Date.” Your continued use after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Texas.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Third-Party Beneficiaries

Venues, venue owners, and venue managers are express third-party beneficiaries of these Terms with full rights to enforce all protections, disclaimers, limitations of liability, and indemnification provisions contained herein.

17. Contact Information

For questions about these Terms, please contact us:

Frequentor

Email: legal@frequentor.com

Website: www.frequentor.com/terms

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BY CLICKING ‘I AGREE’ OR BY USING THE FREQUENTOR APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.