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Terms of Service

Last Updated: February 9, 2025 Effective Date: February 9, 2025

These Terms of Service ("Terms") govern your access to and use of the Broma mobile application (the "App") operated by Broma Holdings ("we," "our," or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the App, you agree to comply with and be bound by these Terms. If you do not agree, do not use the App.

2. Eligibility

  • You must be at least 13 years old to use the App
  • If you are under 18, you represent that you have parental or guardian consent
  • You must have the legal capacity to enter into these Terms
  • You must not be prohibited from using the App under applicable law

3. Account Registration

3.1 Account Creation

  • You may create an account using email/password or Google OAuth
  • You are responsible for maintaining the confidentiality of your account credentials
  • You agree to provide accurate, current, and complete information

3.2 Account Security

  • You are responsible for all activities under your account
  • Notify us immediately of any unauthorized access or security breach
  • We are not liable for losses resulting from unauthorized use of your account

4. Use of the App

4.1 Permitted Use

You may use the App to:
  • Discover restaurants, cafes, and bars
  • Save favorites and check in at venues
  • Connect with friends and share experiences
  • Search for places using location-based services
  • View events and special offers

4.2 Prohibited Conduct

You agree not to:
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Harass, abuse, or harm other users
  • Post false, misleading, or defamatory content
  • Spam or send unsolicited communications
  • Attempt to gain unauthorized access to the App or its systems
  • Use automated systems (bots, scrapers) without permission
  • Interfere with or disrupt the App's operation
  • Impersonate others or provide false information
  • Use the App for commercial purposes without authorization

5. Content and Intellectual Property

5.1 Your Content

  • You retain ownership of content you create (check-ins, notes, profile information)
  • By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content within the App
  • You represent that you have the right to post your content and that it does not violate any third-party rights

5.2 Our Content

  • The App, including its design, features, and content, is owned by Broma Holdings
  • You may not copy, modify, distribute, or create derivative works without permission
  • "Broma" and related trademarks are our property

5.3 Third-Party Content

  • The App may display content from third parties (e.g., Google Maps, restaurant information)
  • Such content is subject to the third party's terms and policies

6. Location Services

  • The App requests location permissions to provide nearby recommendations
  • Location data is used in accordance with our Privacy Policy
  • You can revoke location permissions in your device settings
  • Some features may not work without location access

7. Social Features

7.1 Friend Connections

  • You can connect with other users by sending friend requests
  • Friend requests can be accepted or declined
  • You can block users at any time

7.2 Privacy Settings

  • You control who can see your profile, check-ins, and favorites
  • Adjust privacy settings in Settings → Privacy & Security

8. Business Listings and Claims

  • Restaurant owners may claim business listings
  • Claim requests are subject to verification
  • We reserve the right to approve or deny claims at our discretion
  • Verified businesses may have access to additional features

9. Disclaimers

9.1 No Warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
  • Accuracy, completeness, or reliability of content
  • Uninterrupted or error-free operation
  • Fitness for a particular purpose

9.2 Third-Party Services

  • We are not responsible for third-party services (Google Maps, Supabase, etc.)
  • Your use of third-party services is subject to their terms and policies

9.3 Restaurant Information

  • Restaurant information (hours, menus, prices) is provided for convenience
  • We do not guarantee accuracy and recommend verifying with the restaurant
  • We are not responsible for changes, closures, or inaccuracies

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS (OR $0 IF THE APP IS FREE)
  • WE ARE NOT LIABLE FOR LOSSES RESULTING FROM:
- UNAUTHORIZED ACCESS TO YOUR ACCOUNT - INTERRUPTIONS OR CESSATION OF THE APP - ERRORS OR OMISSIONS IN CONTENT - ACTIONS OF OTHER USERS

11. Indemnification

You agree to indemnify and hold harmless Broma Holdings, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content or conduct

12. Termination

12.1 By You

  • You may delete your account at any time in Settings → Privacy & Security → Delete Account
  • Account deletion is permanent and cannot be undone

12.2 By Us

We may suspend or terminate your account if you:
  • Violate these Terms
  • Engage in fraudulent or illegal activity
  • Harm other users or the App
  • Fail to pay fees (if applicable)

12.3 Effect of Termination

  • Your right to use the App ceases immediately
  • We may delete your account and content
  • Provisions that survive termination: Sections 5, 9, 10, 11, 13, 14

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

13.2 Arbitration

Any disputes arising from these Terms or the App shall be resolved through binding arbitration, except for:
  • Claims for injunctive relief
  • Small claims court actions

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

  • Updating the "Last Updated" date
  • Posting a notice in the App
  • Sending an email (for significant changes)

Your continued use of the App after changes constitutes acceptance of the updated Terms.

15. Miscellaneous

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Broma Holdings regarding the App.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 Waiver

Our failure to enforce any provision does not constitute a waiver.

15.4 Assignment

You may not assign these Terms. We may assign our rights and obligations.

15.5 Contact

For questions about these Terms, contact us at: Broma Holdings Email: legal@bromaholdings.com Support: support@bromaholdings.com

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These Terms of Service are effective as of February 9, 2025 and apply to all users of the Broma mobile application.