By using, accessing, or registering for the BOGO App mobile application or visiting any of its
related websites (collectively, the "Application"), you agree to be bound by these
Service (the "Terms") by and between The BOGO App, Inc. (the "Company") and
Terms may be modified, replaced, or revised by the Company at any time by posting a new
version of the Terms on the Application and by posting notification of the change within the
- Eligibility and Use
- By visiting or using the Application, whether or not you register for an
Account (as defined below), you agree that you:
are at least 18 years or older and have the authority and capacity to enter
into these Terms;
- are legally permitted to use the Application in your
- will only submit information to the Company and the Application
accurate, truthful, and complete, and that you will maintain the accuracy,
truthfulness, and completeness of the information at all times;
- will not use the Application for any purpose that is, or upload
the Application that is, illegal, offensive, discriminatory, or
- will not use the Application in violation of these terms or in a
defrauds the Company or any Restaurant;
- will not use the Application for any commercial purpose unless you
- will not decompile, decode, index, crawl, or reverse engineer the
- will not disrupt or slow the Application's
You will be required to create an account (the "Account") in order to
Application. Your account is personal in nature and may not be shared with any
Your license to use the Application (including your Account), and the features
provided therein, are subject to termination by the Company at any time without
notice. In addition, the Company reserves the right to deny service to any person.In
the event of termination of your access to the Application (including
termination or suspension of your Account), no refunds will be made. Future
Subscription Payments (as defined below) will automatically terminate.
Accounts and Payments
- When you register for an Account the Company will grant you a limited
use the Application, conditioned upon your compliance with the terms outlined in
these Terms. By registering for a "free trial," you will receive an
license which will be provided free of charge for the period ending 6 months from
the date of registration or your use of 6 Vouchers, whichever comes first (the
"Evaluation License"). Upon completion of the Evaluation License time
your Evaluation License will expire and your access to the Application will be
suspended unless you register for a paid license to use the Application (the "Full
- By becoming a paid user of the Application and receiving a Full License,
agree to pay the Service subscription fees ("Subscription Payments") as
Subscription Payments will be charged as indicated on the Application on a
recurring basis unless you cancel your Software License.
- Subscription Payments will be billed in advance on a monthly basis. You may
cancel your Account (and thus your license) at any time. No refunds, returns,
setoffs, or credits will be issued, even if the Full License is canceled.
- You expressly authorize the Company to charge your credit card or other
method for the Subscription Payments on an ongoing and recurring basis. Failure
to make any payment when due may result in termination of your Full License.
The Company may utilize third party payment processors to process your
- Subscriptions Payments are subject to change upon emailed or in-Application
notice. All prices are in US dollars unless otherwise noted.
- The Application offers users with registered Accounts the ability to
one-get- one-free vouchers ("Vouchers") from restaurants (collectively,
"Restaurants"). Restaurants are not employees, agents, joint venturers, or
otherwise affiliated with the Company. All transactions between users and
Restaurants are agreements made strictly between users and the applicable
Restaurants. Under no circumstance will Company be held responsible for any
restaurant's failure to comply with the terms of the Vouchers. Your sole
in such a case is against the Restaurant.
Users with a Full License or an Evaluation License (subject to the limitations
therein) are permitted to receive three Vouchers per Restaurant per Restaurant
Term (as defined below) by requesting such Vouchers through the Application.
Users with a Full License may also purchase up to two additional Vouchers per
Restaurant per Restaurant Term for a fee of $3.00 each. Such purchases will be
made via in-Application purchase.
As used in this Agreement, "Restaurant Term" means a period of 12
months following a Restaurant's initial receipt of a Voucher by a user,
successive 12 month periods thereafter for so long as Restaurant maintains
a contractual relationship as a Restaurant with the Company.
To use a Voucher, you must present the Voucher (as shown on the Application) to
the restaurant at your time of purchase. The Voucher may be used to receive one
item free at the time of purchase of another item from the Restaurant at equal or
greater value. The Vouchers may be limited where required by law.
Vouchers may be discontinued, limited, or modified at any time and without
notice. Vouchers are subject to availability.
- Intellectual Property
- The Application is provided subject to, and is protected by, copyright,
patent, and other laws of both the United States and foreign countries. Nothing in
these Terms gives you a right to use the name of The BOGO App or any of the
associated trademarks, copyrights, trade secrets, domain names, or other
distinctive brand features. All right, title, and interest in and to the Application
the exclusive property of the Company and its respective licensors. The Company
reserves all rights.
- You agree not to use the Application to transmit or distribute any content
you do not own the rights or have the rights to transmit or distribute.
- By posting any material of any kind on the Application, grant to the
affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive
license to use, copy, store, perform, display, distribute, and modify the material
any derivatives thereof.
- Terms Applicable to Apple Users
- The parties acknowledge that by accepting these Terms, you are granted a
non-transferable license to use the Application on devices you own or control
(including any iPhone or iPod touch that you own or control and as permitted by
the Usage Rules set forth in the App Store Terms of Application). The parties
acknowledge that Apple has no obligation whatsoever to furnish any maintenance
and support services with respect to the Application. The parties acknowledge that
the Company is solely responsible for addressing any claims relating to the
Application or your possession and/or use of the Application, including, but not
limited to: (i) product liability claims; (ii) any claim that the service fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation. In the event of any third party
claim that the Application or your possession and use of the Application infringes
that third party’s intellectual property rights, the Company will be solely
responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim. The parties agree that Apple, and
Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon
your acceptance of these Terms, Apple will have the right (and will be deemed to
have accepted the right) to enforce these Terms against you as a third party
LIMITATION OF WARRANTIES AND LIABILITY
- The Application is provided "as is," "where is,"
without any warranties or representations of any kind, whether express or
implied, including (but not limited to) any warranties for fitness for a
particular purpose, warranties of merchantability, or warranties of quality.
Without limiting the generality of the foregoing, you understand and
acknowledge that (i) from time to time you may be unable to access or use
the Application and that (ii) information contained in Vouchers may not be
accurate or up to date, despite our efforts to keep the Application updated.
- Under no circumstance shall the Company be liable for any direct,
or consequential loss or damage incurred by any user in connection with the
Application, any content posted by Restaurants (including Vouchers), or the
interactions among users and Restaurants, including, without limitation any
liability for loss of income or revenue, loss of business, loss of profits or
contracts, loss of anticipated savings, loss of data, loss of goodwill, and for
any other loss or damage of any kind, however arising and whether caused
by tort, fraud, breach of contract, or otherwise, even if the Company has
been advised of the possibility of such damage.
- You agree that you will use Vouchers and interact with restaurants
solely at your own risk.
- You agree to indemnify, defend, and hold harmless the Company, its
and its and their officers, agents, partners and employees, from and against any
and all losses, liabilities or claims, made by any third party due to or arising out
your breach of or failure to comply with these Terms, your use of the Application,
or your violation of law or regulation.
- Additional Terms
- The Company may provide you with administrative notices regarding the
Company or the Application via email or SMS message. You hereby expressly
consent to receive such messages, and further consent that by typing your name
when registering for the Application, that you have e-signed your name to that
effect. You agree to be responsible for all data or phone charges
you are a Restaurant), comprises the complete and entire agreement between you
and the Company regarding the use of the Application. If any provision of these
Terms is found by a court of competent jurisdiction to be invalid, the remainder of
these Terms shall continue in full force and effect to the maximum extent
- The delay or failure of the Company to exercise or enforce any right or
of these Terms shall in no way constitute acquiescence or a waiver of
- These Terms shall be governed and construed in accordance with the laws of
state of Delaware. In a dispute brought under these Terms, the prevailing party
shall be entitled to reimbursement by the non-prevailing party of its reasonable
attorney fees related to litigating such dispute.