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Where2 Terms of Service

Effective Date: May 26, 2026 Last Updated: May 26, 2026

1. Acceptance of These Terms of Service

BarBuzz LLC (d/b/a Where2) ("Where2," "we," "us," or "our") provides our services and related content to you through our website located at thewhere2app.com (the "Site") and through our mobile applications and related technologies (collectively, the "Service"). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service.

By accessing, browsing, downloading, or otherwise using the Site, mobile applications, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept these terms, you will not access or use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and indicate the date these Terms of Service were last revised. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WHERE2 ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. SEE SECTION 16. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED THERE.

Your Privacy: At Where2, we respect the privacy of our users. For more information please see our Privacy Policy, located at thewhere2app.com/privacy. By using the Service, you consent to our collection, use, and disclosure of personal data as outlined therein.

2. Description of the Service

Where2 is a nightlife and social discovery platform that provides users with real-time information about bars, clubs, restaurants, and other social venues, including but not limited to live crowd levels, vibe data, user reviews, live chat functionality, wishlist curation, check-in features, and a rewards program (collectively, the "Service Features"). The Service is designed to help users discover, plan, and navigate social outings.

3. Eligibility and Registration

You are required to register with Where2 in order to access and use certain features of the Service. If you choose to register, you agree to provide accurate, current, and complete information, and to keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us promptly at support@thewhere2app.com if you suspect any unauthorized use of your account.

Age requirement. You must be at least 18 years of age to use the Service. By registering, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you are not authorized to use the Service, with or without registering. We use your date of birth at registration to confirm eligibility, as described in our Privacy Policy.

Third-party sign-in. You may register or sign in using a third-party authentication provider, including Apple Sign-In, Google Sign-In, or Meta (Facebook) Login. If you do, you authorize us to access and use certain information from that provider as described in our Privacy Policy. Your use of those providers is subject to their own terms and policies, and we are not responsible for their practices.

4. Text Messaging and Notifications

By using the Service, you consent to receiving text messages, SMS, MMS, and push notifications from Where2 for service-related communications, including but not limited to event notifications, venue alerts, rewards updates, and other informational messages. Message frequency varies. Message and data rates may apply.

You may opt out of text messages at any time by replying "STOP" to any message. You may opt out of push notifications by adjusting your device settings. Where2 does not share, sell, or rent personal data collected through messaging programs to unaffiliated third parties for their own independent purposes.

5. User Conduct and User Content

You are solely responsible for all content that you make available through the Service, including text, images, reviews, check-ins, chat messages, and other materials ("User Content"). You agree not to use the Service to:

Where2 reserves the right to investigate and take appropriate action against anyone who violates these provisions, including removing offending content, suspending or terminating accounts, and reporting violations to law enforcement authorities. We may also remove or restrict content that our automated profanity and abuse filters flag, as described in our published content controls.

6. Venue Information and Accuracy

Where2 provides real-time and user-generated information about venues, including crowd levels, vibe assessments, wait times, and reviews. While we strive to provide accurate and up-to-date information, Where2 does not guarantee the accuracy, completeness, or reliability of any venue information displayed on the Service. Venue conditions may change rapidly and without notice.

Where2 is not responsible for your experience at any venue you visit based on information from the Service. You acknowledge that all venue visits are undertaken at your own risk and discretion, and that you are responsible for complying with each venue's own age, entry, and conduct requirements.

7. Rewards Program

Where2 may offer a rewards program through which users can earn Points, badges, and other incentives for using the Service, including but not limited to check-ins, reviews, and other activities. Where2 reserves the right to modify, suspend, or discontinue the rewards program at any time, with or without notice. Points and rewards have no cash value unless explicitly stated otherwise and cannot be transferred, sold, or exchanged except as permitted within the Service.

8. Mobile Application License

The Service includes certain features available via mobile devices. To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply.

Subject to these Terms of Service, Where2 grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the mobile application on a personal device that you own or control, solely to access and use the Service for personal, non-commercial purposes.

The technology and software underlying the Service are the property of Where2, its affiliates, and its licensors. You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software.

9. App Stores and Platform Terms

You acknowledge that these Terms of Service are between you and Where2 only, and not with Apple Inc., Google LLC, or any other app distribution platform ("App Provider"). Your use of the mobile application is also subject to the applicable App Provider's terms of service.

To the extent the application is downloaded from the Apple App Store, the following additional terms apply: (a) Apple is not responsible for the application or its content, maintenance, support, or any warranties, and is not responsible for addressing any claims relating to the application; (b) Apple and its subsidiaries are third-party beneficiaries of these Terms of Service and may enforce them against you; and (c) you represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list. Where any App Provider's terms conflict with these Terms of Service, the App Provider's terms govern solely with respect to your use of that platform.

10. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Where2 and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Where2.

By posting User Content on the Service, you grant Where2 a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use, copy, display, distribute, modify, and create derivative works from your User Content in connection with the operation, promotion, and improvement of the Service.

You hereby authorize Where2 and its third-party service providers to derive statistical and usage data relating to your use of the Service. We may use such data for any purpose in accordance with applicable law and our Privacy Policy.

11. Copyright Complaints

Where2 respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify Where2 in accordance with the Digital Millennium Copyright Act ("DMCA"). A notification of claimed copyright infringement should be emailed to: legal@thewhere2app.com (Subject line: "DMCA Takedown Request"). Your notice must include the information required under 17 U.S.C. § 512(c)(3). We may remove allegedly infringing content and terminate the accounts of repeat infringers.

12. Third-Party Services and Venues

The Service may contain links to, or integrations with, third-party websites, services, or venue information that are not owned or controlled by Where2 (including mapping and location services such as Google Maps Platform). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Where2 does not endorse any specific venue listed on the Service.

13. Indemnification

You agree to defend, indemnify, and hold harmless Where2 and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including reasonable attorney's fees, resulting from or alleged to result from your use of the Service, your violation of these Terms of Service, or your violation of any rights of another.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHERE2 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Where2 makes no warranty that (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the Service will be accurate or reliable; (d) the quality of any venue information will meet your expectations; or (e) any errors in the Service will be corrected.

15. Limitation of Liability

IN NO EVENT SHALL WHERE2, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) YOUR EXPERIENCE AT ANY VENUE VISITED BASED ON INFORMATION FROM THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHERE2'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID WHERE2, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Dispute Resolution by Binding Arbitration

Agreement to Arbitrate. You and Where2 agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the Service shall be settled by binding arbitration, except that (a) each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction, and (b) either party may bring an individual claim in small-claims court.

Class Action Waiver. YOU AND WHERE2 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Administration. The arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration will be held in New York, New York, or at another mutually agreed location (or by videoconference where available). The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

30-Day Right to Opt Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms of Service by emailing legal@thewhere2app.com with the subject line "Arbitration Opt-Out" and your account name. If you opt out, neither you nor Where2 will be bound by the arbitration agreement or class-action waiver, and disputes will be resolved in the courts identified in Section 19.

17. Termination

Where2 may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service. You may stop using the Service and delete your account at any time as described in our Privacy Policy. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute-resolution terms.

18. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service. Where2 will have no liability or responsibility with respect to any dispute between you and any other user of the Service.

19. Governing Law and Venue

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Subject to the arbitration agreement in Section 16, you agree that any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in New York, New York, and you consent to the personal jurisdiction of those courts.

20. General

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Where2 regarding the Service and supersede all prior agreements. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign these Terms of Service without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

21. Contact Us

If you have any questions about these Terms of Service, please contact us at:

BarBuzz LLC (d/b/a Where2)
General: support@thewhere2app.com
Legal / DMCA: legal@thewhere2app.com
Website: https://thewhere2app.com
New York, NY
United States