Terms of Service
1. Acceptance of Terms
By downloading, installing, or using Choofin ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App. These Terms form a binding agreement between you and Austin Teak Berger, an individual operating Choofin ("we", "us", "our").
2. Age Requirement
You must be 18 years of age or older to use Choofin. By using the App, you represent and warrant that you are at least 18 years old. We reserve the right to terminate access if we learn that a choof is under 18.
Choofin eligibility does not establish eligibility to enter a venue or purchase alcohol. You are responsible for following venue rules and all applicable age, alcohol, transportation, and safety laws.
3. License
The App is licensed under the end user license agreement supplied through the App Store, including its applicable Usage Rules. If no custom license agreement is supplied there, Apple's Standard Licensed Application End User License Agreement applies. These Terms govern your use of the Choofin service and do not replace that app license or limit any rights it gives you.
4. Acceptable Use
You agree not to:
- Submit false, inaccurate, or misleading crowd data or check-ins.
- Manipulate check-ins, devices, accounts, or requests to obtain Choof Points or badges improperly.
- Attempt to identify, profile, or de-anonymize other choofs.
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from the App.
- Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
- Interfere with or disrupt the App's servers, networks, or infrastructure.
- Harvest, scrape, or collect data from the App using automated means.
- Impersonate any choof or entity or misrepresent your affiliation.
- Use Choofin to violate venue admission rules, alcohol laws, or safety requirements, or while driving or impaired.
5. Choof Content
When Choofin creates an automatic presence contribution after your sustained arrival, or when you submit a check-in or other content ("Choof Content"), you grant us a non-exclusive, worldwide, royalty-free license to process it into thresholded venue statistics and historical venue/time-slot rollups.
Choof Content is processed under a pseudonymous account-linked identifier while retained so deletion and abuse controls work; it is not displayed as your individual profile. By submitting Choof Content, you represent that it complies with these Terms.
Accepted presence and check-ins may earn private Choof Points, levels, and badges. Choof Points are status only, have no cash or monetary value, cannot be purchased, transferred, or redeemed, and may be withheld or removed when activity is duplicate, capped, fraudulent, or abusive.
Choofin is contribution-based. Access to crowd data requires active crowd sharing. You may withdraw sharing in Privacy & Data, which stops contribution processing, removes active and unpublished contributions, resets private Choof Points progress, removes crowd alerts, revokes active sessions, and blocks App access until you consent and sign in again.
We reserve the right to remove any Choof Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
6. Cost
The initial public version of Choofin does not offer paid features, subscriptions, or in-app purchases.
7. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT CROWD DATA IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT. CROWD DATA IS USER-CONTRIBUTED AND REFLECTS USER-REPORTED CONDITIONS AT A GIVEN TIME. USE CROWD DATA AT YOUR OWN DISCRETION.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHOOFIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE DOLLAR ($1.00). THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS IN THESE TERMS DO NOT EXCLUDE OR LIMIT LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, WILLFUL INJURY, VIOLATIONS OF LAW WHERE LIABILITY CANNOT LAWFULLY BE LIMITED, OR ANY OTHER NON-WAIVABLE LIABILITY, REMEDY, OR CONSUMER RIGHT.
9. Termination
We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any violation of these Terms or for any other reason at our sole discretion.
You may terminate your use of the App at any time by deleting your account using "Delete Account & Data" in Profile settings and uninstalling the App.
10. Governing Law
These Terms are governed by California law, without regard to conflict-of-law principles, except that applicable federal law and non-waivable protections of your home state continue to apply. Unless applicable law permits or requires otherwise, disputes may be brought in the state or federal courts located in San Diego County, California. You may also bring an eligible claim in small claims court.
11. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes through the App and require affirmative reacceptance before continued account use. Non-material changes apply from the stated effective date.
12. Contact Us
Austin Teak Berger, operating Choofin
info@choofin.com