Privacy Notice, Terms of Service & Cookie Notice
Applies to United States users and U.S.-directed services.
1. Introduction and Scope
OurRound ("OurRound," "Company," "we," "us," or "our") operates a mobile application, website, and related services (collectively, the "Platform") designed for adults of legal drinking age to catalog beverage inventory, record preferences, receive personalized recommendations, analyze beverage menus and labels, communicate with other users, and participate in community features.
This integrated document functions as OurRound's public-facing U.S. privacy notice, Terms of Service, and cookie notice. It explains how we collect, use, disclose, retain, and protect information, and it sets the terms governing access to and use of the Platform.
Certain offerings may be subject to supplemental terms, feature notices, promotion rules, subscription terms, offer terms, event rules, or third-party terms presented at the point of use. If a supplemental term expressly states that it controls over this document with respect to a particular feature or transaction, that supplemental term will control only to the extent of the conflict.
2. Eligibility; Alcohol Responsibility; Geographic Scope
The Platform is intended only for individuals who are at least twenty-one (21) years old and legally permitted to access alcohol-related content in the jurisdiction where they use the Platform. By creating an Account or using the Platform, you represent and warrant that you satisfy these eligibility requirements.
OurRound provides informational, educational, and personalized discovery tools. The Platform does not encourage unlawful, unsafe, excessive, or underage consumption of alcohol. Recommendations, rankings, tasting notes, pairings, and AI-assisted outputs are informational only and do not constitute medical, dietary, addiction, or other professional advice.
The Platform is directed to users in the United States. If you access the Platform from outside the United States, you do so at your own initiative and are responsible for compliance with local law.
3. Definitions
"Account" means the registered profile through which a user accesses authenticated portions of the Platform.
"Consumer Privacy Law" means any applicable U.S. consumer privacy statute and implementing regulations that apply to OurRound's processing of Personal Information.
"Deidentified Data" means information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual, provided that OurRound maintains appropriate measures intended to preserve that status.
"Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with an identified or identifiable individual or household, to the extent regulated by applicable law.
"Public Content" means User Content or profile information that is made visible to other users or the public through the Platform.
"Sensitive Personal Information" has the meaning assigned by applicable law and may include, depending on the feature and law at issue, precise geolocation, account credentials, the contents of private communications where OurRound is not the intended recipient, and certain other regulated data elements.
"User Content" means content, materials, or information that a user uploads, posts, stores, sends, receives, transmits, or otherwise makes available through the Platform, including profile content, photos, menu images, comments, ratings, reviews, messages, lists, and tasting notes.
4. Notice at Collection: Categories of Information We Collect
We may collect the following categories of information, depending on how you interact with the Platform:
- (a) Identifiers and account data, such as name, username, email address, phone number, password or credential hash, account ID, and authentication-related records.
- (b) Customer records and profile data, such as profile biography, preferred language, saved favorites, beverage collections, support history, purchase or subscription records if commerce features are offered, and shipping or billing details where relevant.
- (c) Commercial and transactional information, such as purchases, subscriptions, redemptions, offer interactions, and merchant-related activity where available through the Platform.
- (d) Internet or other electronic network activity information, such as IP address, device identifiers, application version, operating system, browser type, crash data, session logs, search queries, clicks, screen views, referral information, and interactions with recommendations, ads, and content.
- (e) Approximate or precise location information, depending on device permissions, settings, and feature configuration.
- (f) Audio, electronic, visual, or similar information, such as uploaded photographs, menu scans, label images, profile photos, and materials submitted in support or safety reports.
- (g) Inferences and preference profiles derived from ratings, reviews, saved items, inventory data, menu scans, interactions, and stated preferences.
- (h) Communications and social-feature data, such as direct messages, follows, friend connections, community interactions, reporting history, and moderation records.
5. Sources of Information
We collect information directly from you when you create an Account, complete a profile, answer palate or preference questions, submit ratings or reviews, upload menu or label images, connect social-login credentials, enable location services, message other users, make a purchase, participate in a promotion, or contact support.
We collect information automatically from your browser, device, and use of the Platform through logs, cookies, local storage, tags, pixels, software development kits, APIs, and similar technologies.
We may receive information from service providers, analytics and advertising partners, app stores, device operating systems, payment processors, social-login providers, merchants, fulfillment partners, and users who interact with you through social or messaging features.
6. How We Use Information
We use Personal Information to provide, maintain, support, secure, and improve the Platform; authenticate users; personalize content and recommendations; power social features; process transactions and subscriptions; administer promotions; provide customer support; and communicate with you regarding your Account, policies, updates, and requested services.
We use information to understand user activity, develop and improve features, evaluate recommendation quality, improve ranking and search logic, detect fraud, moderate content, maintain safety and integrity, diagnose bugs, and measure system performance.
We may use information for advertising, attribution, audience measurement, campaign optimization, and personalization of content or offers, subject to your settings, device controls, and applicable law.
We may also use information to comply with law, respond to legal process, exercise or defend legal claims, enforce our terms and community rules, investigate misuse or unlawful conduct, protect users and the public, and support an actual or proposed corporate transaction.
We may use aggregated or Deidentified Data for lawful business purposes, including analytics, research, benchmarking, service improvement, and reporting.
7. Personalized Recommendations, AI-Assisted Features, and Image Analysis
OurRound may use automated tools, machine-learning systems, rules-based logic, optical character recognition, and similar technologies to analyze beverage labels, menus, reviews, inventory data, profile preferences, ratings, and behavioral signals in order to generate recommendations, rankings, pairings, search results, and other feature outputs.
When you upload a menu or label image, we may process the image to detect text, identify beverage names, infer characteristics, and return suggested matches or recommendations. We may also use associated metadata, such as time, coarse location, and interaction history, to improve result quality.
Automated outputs may be incomplete, inaccurate, or unavailable. You remain responsible for your own purchasing, dining, and consumption decisions. OurRound does not guarantee that an automated recommendation will match your taste, dietary needs, allergies, health status, or legal suitability.
Except where restricted by law or a feature-specific notice, we may use model inputs, outputs, feedback, and performance data in aggregated, deidentified, or otherwise lawful forms to test, evaluate, maintain, and improve the Platform, recommendation systems, and trust-and-safety operations.
8. Social Features, Messaging, and Public Content
The Platform may permit you to follow other users, connect with friends, send messages, post reviews, create lists, react to content, and otherwise participate in community features. Certain profile information and User Content may be visible to other users, depending on the nature of the feature and your settings.
Reviews, ratings, comments, list titles, usernames, profile images, and other community-facing content may remain visible to others even after you edit certain account details. If you delete your Account, some public contributions may remain in deidentified, aggregated, or disassociated form where reasonably necessary to preserve the integrity of community ratings, prevent manipulation, maintain security records, or comply with law.
If you choose to make content public, that content may be copied, reshared, indexed by search engines, captured in screenshots, or retained by other users or third parties. OurRound cannot control further use of information that you choose to make public.
Private messages and limited-audience content are processed to deliver the service, moderate abuse, investigate reports, protect users, and comply with legal obligations. Do not use the Platform to submit highly confidential information.
9. Advertising, Analytics, and Measurement
We may work with analytics providers, advertising partners, attribution providers, and similar vendors that collect or receive information through cookies, software development kits, pixels, APIs, and device identifiers to help us understand usage, measure campaign effectiveness, detect fraud, and personalize content or advertising.
These technologies may collect information such as device identifiers, IP address, app events, session activity, referral data, approximate location, ad interactions, and conversion signals. Depending on applicable law, some of this activity may constitute targeted advertising, cross-context behavioral advertising, or sharing for advertising purposes.
You can control certain advertising practices through device settings, browser settings, consent tools, and opt-out mechanisms described in this document. Disabling advertising-related technologies may not stop all advertising, but it may make advertising less relevant.
10. How We Disclose Information
We may disclose Personal Information to service providers and contractors that perform services on our behalf, including hosting, storage, security, analytics, messaging, customer support, identity verification, marketing, advertising, measurement, payment processing, moderation, and professional advisory services.
We may disclose information to other users or the public when you choose to post User Content, maintain a public profile, participate in social features, interact through community tools, or otherwise direct us to share information.
We may disclose information to business partners, merchants, logistics providers, reservation or event partners, or fulfillment partners when needed to enable an offer, event, redemption, purchase, promotion, or merchant-linked experience.
We may disclose information to law enforcement, regulators, courts, or other third parties where required by law, subpoena, court order, or legal process, or where we reasonably believe disclosure is necessary to protect rights, property, safety, or the integrity of the Platform.
We may disclose or transfer information in connection with an actual or proposed merger, acquisition, financing, restructuring, sale of assets, bankruptcy, or other corporate transaction.
11. Sale, Sharing, and Targeted Advertising
OurRound does not sell Personal Information for money in the traditional sense. However, like many digital businesses, we may allow certain advertising, analytics, or measurement partners to collect information through the Platform in ways that could be characterized under some U.S. state laws as a sale, sharing, or processing for targeted advertising.
Where required by applicable law, you may opt out of such activities by using available opt-out tools, enabling a recognized preference signal where supported, adjusting device or browser settings, or contacting us through the methods described in the U.S. State Privacy Addendum.
12. Retention
We retain Personal Information for as long as reasonably necessary for the purposes described in this document, including to provide the Platform, maintain records of transactions and permissions, resolve disputes, enforce agreements, investigate incidents, and comply with legal obligations.
Retention periods vary by category and use case. Account registration data is generally retained while the Account remains active and for a reasonable period thereafter to support reactivation, audit, fraud prevention, abuse prevention, and legal compliance. Support records, trust-and-safety records, and moderation logs may be retained as reasonably necessary to investigate complaints, detect repeat abuse, and comply with law.
Backups and archival copies may persist for a limited additional period before deletion. Information may also be retained in aggregated or deidentified form that no longer reasonably identifies an individual.
13. Security
We maintain administrative, technical, and physical safeguards designed to protect information against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. These safeguards may include encryption in transit, access controls, role-based permissions, logging, monitoring, vendor diligence, secure development practices, and incident-response procedures.
No security program is perfect, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your Account credentials and for promptly notifying us of any suspected unauthorized use of your Account.
14. Children and Age-Restricted Use
The Platform is not directed to children or to individuals under the legal drinking age. We do not knowingly collect Personal Information from anyone under twenty-one (21) through the Platform. If we learn that we have collected information from an underage user in violation of our policy, we may delete the Account and associated information, subject to legal retention obligations.
15. Your Choices, Controls, and Account Tools
You may access, update, or correct certain profile information through your Account settings. You may also manage location permissions through your device settings, disable push notifications at the operating-system level, and adjust certain messaging, profile-visibility, and social-feature preferences within the Platform where available.
You may unsubscribe from promotional emails using the unsubscribe link in the message. Even if you opt out of marketing communications, we may still send transactional or relationship messages regarding your Account, safety, orders, legal notices, security issues, or material changes to the Platform.
Depending on feature availability, you may also be able to review or export certain account-linked information, request deletion of your Account, or manage certain advertising and cookie preferences through browser settings, device settings, or privacy controls that we make available.
Some browser or device providers offer private browsing, blocking, or other privacy tools. These tools may limit some data collection but may not prevent all processing necessary for core Platform functionality.
16. U.S. State Privacy Addendum
This Addendum applies to residents of U.S. states whose laws grant consumer privacy rights, to the extent those laws apply to OurRound's processing activities. Subject to verification and applicable exceptions, eligible consumers may have the right to request access to categories or specific pieces of Personal Information, correction, deletion, portability, and information about categories of sources, purposes, disclosures, and recipients.
Eligible consumers may also have the right to opt out of targeted advertising, the sale or sharing of Personal Information as those terms are defined by applicable law, and certain profiling decisions that produce legal or similarly significant effects, if applicable. OurRound does not use Sensitive Personal Information to infer characteristics about consumers except as permitted by law and reasonably necessary to provide requested features.
You may submit requests by emailing privacy@ourround.co or by using any in-app or webform privacy tools that we may make available. We may take reasonable steps to verify your identity and authority before responding. Authorized agents may submit requests where permitted by law, subject to verification of both the consumer's identity and the agent's authority.
If we deny your request, you may have the right to appeal by replying to our response and stating that you wish to appeal the decision. We will not discriminate against you for exercising applicable privacy rights, although certain features may not function if necessary data processing is limited or disabled.
17. California-Specific Disclosures
For California residents, this notice is intended to supplement the general provisions above and to satisfy applicable notice-at-collection and consumer-rights disclosure obligations. Categories of Personal Information collected, sources, business or commercial purposes, and categories of recipients are described in Sections 4 through 16 and the Appendix.
OurRound does not knowingly sell or share the Personal Information of consumers under sixteen (16) years of age. California residents may also have rights under California's Shine the Light law regarding certain direct-marketing disclosures, subject to applicable exceptions.
18. Nevada and Other State-Specific Rights
Nevada residents may submit a verified request directing us not to make certain sales of covered information as defined under Nevada law. Because legal definitions differ by state, a response under one state law does not necessarily determine how data practices are characterized under another law.
19. Third-Party Services and External Links
The Platform may link to third-party websites, merchant checkout pages, app stores, social-media services, support tools, maps, payment providers, or embedded content. We are not responsible for the privacy practices, terms, or content of those third parties. Your interactions with third-party services are governed by their own notices and agreements.
20. Changes to the Privacy Notice
We may revise this integrated document from time to time. If we make material changes, we may provide notice through the Platform, by email, by updating the effective date, or through other reasonable means. Continued use of the Platform after the effective date of an updated version constitutes acceptance of the revised terms to the extent permitted byU.S law.
21. Privacy Contact Information
OurRound
Privacy Office
privacy@ourround.co
support@ourround.co
22. Acceptance of Terms; Supplemental Terms
By downloading, accessing, registering for, purchasing through, or using the Platform, you agree to be bound by these Terms of Service and any supplemental terms, disclosures, rules, promotions, offer terms, event terms, marketplace terms, premium-feature terms, or other terms that apply to a specific feature, transaction, or service. If these Terms conflict with clearly designated supplemental terms, the supplemental terms control for that feature or transaction.
If you do not agree to these Terms, you may not access or use the Platform. If you are using the Platform on behalf of a company, organization, merchant, or other legal entity, you represent and warrant that you are authorized to bind that entity, and references to "you" include that entity.
23. The Platform; Availability; Modifications
The Platform may evolve over time. We may add, remove, suspend, limit, or modify features, content, integrations, geographic availability, pricing, access conditions, or technical requirements at any time, including to improve functionality, address security issues, comply with law, respond to business changes, or discontinue offerings.
We do not guarantee that any feature, review history, cellar record, message, social graph, recommendation, menu scan result, saved preference, merchant integration, or other function will remain available or unchanged for any period of time.
24. Accounts; Registration; Security; Organization Accounts
You may need an Account to use some features. You must provide accurate, current, and complete information and keep it updated. You are responsible for activities that occur under your Account and for maintaining the confidentiality of your credentials.
If you use the Platform on behalf of an organization, merchant, or business, an authorized representative of that entity must agree to these Terms. That entity may administer or control the Accounts used for that business purpose and may be able to access, manage, or disable those Accounts consistent with applicable law and the feature design.
We may use age screens, verification tools, account checks, device signals, or transaction-related checks to enforce eligibility requirements, but you remain solely responsible for complying with law.
25. License to Use the Platform
Subject to your compliance with these Terms, OurRound grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform, including any mobile application, solely for your personal, lawful, non-commercial use or, where expressly enabled by OurRound, your internal business use.
Any software made available as part of the Platform is licensed, not sold. Open-source components included with the Platform remain subject to their applicable open-source licenses, which control to the extent required by those licenses.
26. Updates; Mobile Devices; App Stores
You acknowledge that the Platform may require or automatically install updates, patches, bug fixes, enhancements, or new versions, with or without notice, and that your ability to use the Platform may depend on installing them.
If you obtain the mobile application through Apple, Google, or another app distribution platform, you also agree to the usage rules and policies of that platform. Those third parties are not parties to these Terms and are not responsible for the Platform. Apple and Google, and their applicable subsidiaries, are third-party beneficiaries of these Terms solely to the extent necessary to enforce applicable mobile application provisions.
27. Fees, Payments, Subscriptions, and Trial Features
Some features may require payment, a paid subscription, or a promotional code. If a feature is offered on a paid basis, applicable pricing, billing cadence, renewal terms, free-trial terms, cancellation rights, and refund limitations will be disclosed at the point of purchase or in supplemental terms.
Unless otherwise stated, subscriptions automatically renew until canceled. You are responsible for managing cancellations through the Platform, the applicable app store, or another payment provider identified at the point of purchase. Taxes may apply.
OurRound may change pricing or introduce charges for features that were previously free, but any such changes will apply prospectively and will be presented through updated pricing screens or supplemental terms as required by law.
28. Restrictions on Use
You may not, except to the extent expressly permitted by law or by OurRound in writing: (a) copy, reproduce, republish, publicly display, publicly perform, sell, lease, license, rent, distribute, transfer, assign, or exploit the Platform or any portion of it; (b) reverse engineer, decompile, disassemble, decode, or attempt to derive source code, underlying ideas, algorithms, models, or structure from the Platform; (c) use bots, crawlers, spiders, scripts, browser extensions, scraping tools, data-mining tools, or similar automated means to access, collect, or copy data from the Platform; (d) interfere with or bypass age gates, moderation tools, rate limits, robots instructions, security features, access controls, geographic restrictions, or technical protections; (e) introduce malicious code or attempt unauthorized access; (f) use the Platform for unlawful, deceptive, defamatory, infringing, or abusive purposes; or (g) use the Platform to build a competing dataset, model, product, or service.
29. Service Communications
You agree that OurRound may send you service-related communications necessary to operate the Platform and administer your relationship with us, including notices regarding your Account, security, moderation actions, purchases, subscriptions, product changes, legal notices, and these Terms. These communications are part of the service and are not promotional communications for purposes of opt-out rights, except where law provides otherwise.
30. Content on the Platform
The Platform may contain: (a) content that you submit or otherwise make available ("User Content"); (b) content owned by OurRound or licensed to OurRound, including software, design, text, graphics, databases, audio-visual elements, recommendation outputs, and compilations ("OurRound Content"); and (c) content provided by other users, merchants, advertisers, event organizers, review platforms, or other third parties ("Third-Party Content").
Third-Party Content reflects the views of its source, not necessarily those of OurRound. We do not guarantee the accuracy, legality, quality, availability, or safety of Third-Party Content, merchant descriptions, retailer inventory data, menu information, ratings, tasting notes, or user reviews.
31. User Content; Ownership; License
As between you and OurRound, you retain ownership of User Content that you lawfully submit. You have no obligation to submit User Content, but if you do, you represent and warrant that you have all rights necessary to submit it and to grant the rights described in these Terms.
By submitting, posting, uploading, sending, storing, tagging, rating, reviewing, messaging, linking, or otherwise making User Content available through the Platform, you grant OurRound and its affiliates, contractors, service providers, successors, assigns, and sublicensees a worldwide, non-exclusive, royalty-free, transferable license to host, store, reproduce, process, adapt, modify for formatting and technical purposes, translate, publish, distribute, publicly display, publicly perform, and otherwise use that User Content for the limited purposes of operating, securing, maintaining, improving, analyzing, personalizing, promoting, and enforcing the Platform and related services.
This license permits, by way of example, creation of thumbnails and previews, search indexing, trust-and-safety review, fraud detection, spam filtering, recommendation processing, menu-image parsing, OCR and extraction workflows, customer-support handling, feature testing, analytics, and use of public reviews, public profile elements, or screenshots of publicly visible Platform experiences to market the Platform.
This license does not change your privacy rights. It also does not apply to purely factual corrections or generic feedback that do not require a license, except to the extent needed to use or act on that information within the Platform.
This license lasts for so long as the User Content is protected by applicable intellectual-property or other proprietary rights, subject to your deletion rights and OurRound's retention rights described in this document. If you remove User Content, residual copies may remain for backup, legal compliance, fraud prevention, safety review, technical archival, and where content was previously shared with others or made public and further replicated.
32. Public Content; Moderation; Reporting; No Storage Obligation
OurRound may, but is not obligated to, monitor, pre-screen, review, verify, refuse, remove, restrict, preserve, or disclose User Content or Account activity where we reasonably believe doing so is necessary or appropriate to enforce these Terms, investigate complaints, detect fraud, protect users, protect the Platform, comply with law, or maintain trust and safety.
We have no obligation to host, store, maintain, or provide copies of any User Content, and we may remove or disable access to User Content at any time without prior notice. We may suspend or terminate repeat infringers or other users who repeatedly violate these Terms or applicable law.
If you believe content or conduct violates these Terms or applicable law, you may report it through in-product tools or support channels. OurRound may investigate and take action in its sole discretion, subject to applicable law.
33. Feedback
If you provide ideas, suggestions, enhancement requests, proposals, corrections, comments, or other feedback about the Platform, you grant OurRound a perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free right to use, disclose, reproduce, modify, distribute, and exploit that feedback for any lawful purpose without notice, attribution, or compensation to you.
34. Prohibited Conduct
You may not use the Platform to violate law; encourage underage or unsafe drinking; promote impaired driving; harass, threaten, stalk, defraud, or exploit others; impersonate any person or entity; manipulate ratings or reviews; upload unlawful, deceptive, infringing, hateful, obscene, or malicious material; send spam; collect personal information from other users without authority; interfere with the Platform or connected networks; or use the Platform for unauthorized commercial solicitation, model training, surveillance, or competitive intelligence.
You may not bypass moderation decisions, geographic restrictions, safety controls, or access limitations. You may not use the Platform to create or disseminate false claims about alcohol products, health effects, availability, prices, or endorsements.
35. Merchant-Linked Features; Transactions; Third-Party Terms
The Platform may link to or facilitate access to retailers, delivery providers, reservation systems, event organizers, wineries, advertisers, payment processors, support vendors, embedded tools, or other third-party products and services. Unless OurRound expressly states otherwise at the point of transaction, those third parties are solely responsible for their goods, services, pricing, taxes, shipping, compliance, returns, refunds, availability, and fulfillment.
OurRound may receive referral fees, commissions, affiliate revenue, advertising fees, or similar compensation in connection with those relationships. Transactions and offers may be subject to additional merchant or provider terms, and you are responsible for reviewing them.
36. Intellectual Property; Reservation of Rights
Except for User Content and Third-Party Content, the Platform and all related intellectual property rights are owned by or licensed to OurRound and are protected by intellectual property and other laws. No rights are granted except as expressly stated in these Terms.
OurRound, its logos, product names, slogans, and trade dress are trademarks or service marks of OurRound or its licensors. You may not use them without prior written permission.
37. Copyright Complaints
If you believe that content on the Platform infringes your copyright, you may send a notice containing the information required by applicable law to support@ourround.co or another designated copyright contact that OurRound may identify. OurRound may remove or disable access to allegedly infringing content and may terminate repeat infringers where appropriate.
38. Privacy
Your use of the Platform is also subject to the privacy provisions in Sections 1 through 21 of this document and the cookie provisions in Sections 48 through 52.
39. Beta Features; Experimental Services
OurRound may offer beta, pilot, preview, or experimental features from time to time. Those features may be incomplete, modified, suspended, or discontinued at any time and may be subject to additional terms. Unless otherwise required by law, beta features are provided "as is" and may not be supported.
40. Suspension, Termination, and Appeals
We may suspend, restrict, or terminate your access to the Platform, in whole or in part, at any time and for any lawful reason, including violation of these Terms, underage use, suspected fraud, nonpayment, safety concerns, legal requirements, business discontinuation, or protection of the Platform or other users.
You may stop using the Platform at any time and may request Account deletion through available settings or support channels. Sections that by their nature should survive termination will survive, including content licenses, intellectual-property protections, disclaimers, limitations of liability, indemnities, dispute-resolution provisions, and record-retention rights.
If you believe your Account was suspended or terminated in error, you may contact support@ourround.co to request review. OurRound may, but is not obligated to, provide an internal review process unless required by law.
41. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, ALL CONTENT, ALL RECOMMENDATIONS, ALL RATINGS, ALL OUTPUTS, AND ALL THIRD-PARTY INTEGRATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, OR THAT THE PLATFORM WILL MEET YOUR NEEDS.
WITHOUT LIMITING THE FOREGOING, OURROUND DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, CURRENT, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY RECOMMENDATION, CELLAR ESTIMATE, PALATE TEST RESULT, MENU SCAN RESULT, RANKING, MATCH, OR MERCHANT-LINKED EXPERIENCE WILL BE COMPLETE, RELIABLE, LAWFUL, SUITABLE, OR AVAILABLE.
THE PLATFORM DOES NOT PROVIDE MEDICAL, LEGAL, TAX, FINANCIAL, OR PROFESSIONAL ADVICE. ANY CONTENT REGARDING ALCOHOL, TASTING, FOOD PAIRING, WELLNESS, OR PRODUCT ATTRIBUTES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.
42. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OURROUND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, LICENSORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OURROUND'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) TWO HUNDRED U.S. DOLLARS ($200) OR (B) THE AMOUNTS YOU PAID TO OURROUND, IF ANY, FOR THE RELEVANT SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER LIABILITY WHERE LIMITATION IS PROHIBITED BY APPLICABLE LAW.
43. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless OurRound and its affiliates, officers, directors, employees, contractors, suppliers, licensors, successors, and assigns from and against claims, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your User Content, your misuse of the Platform, your violation of these Terms, or your violation of law or any third-party right.
44. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS, OR ANY RELATED TRANSACTION WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF IT QUALIFIES.
The arbitration will be administered by the American Arbitration Association under its applicable consumer arbitration rules. You and OurRound waive any right to a jury trial and waive any right to participate in a class, consolidated, mass, collective, or representative action, except to the extent such a waiver is prohibited by law. If the class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will be severed and litigated in court, and the remaining claims will proceed in arbitration.
Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, Platform security, or against unauthorized access pending completion of arbitration.
45. Governing Law
Except to the extent preempted by applicable federal law and except where otherwise required by non-waivable law, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
46. Export Controls and Sanctions
You may not use, export, re-export, or transfer the Platform or any related technology except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained. You represent and warrant that you are not located in, ordinarily resident in, or subject to sanctions or embargoes that would prohibit your use of the Platform, and that you are not identified on a restricted-party list applicable to the Platform.
47. General Terms
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law. Our failure to enforce any provision is not a waiver. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of assets. You may not assign or transfer your rights or obligations without OurRound's prior written consent.
These Terms constitute the entire agreement between you and OurRound regarding the subject matter addressed here, except for supplemental terms that expressly apply to a particular feature or transaction.
48. Terms Contact Information
OurRound
Legal and Support
support@ourround.co
privacy@ourround.co
49. What Are Cookies and Similar Technologies
OurRound and our partners may use cookies, pixels, local storage, software development kits, tags, application identifiers, APIs, and similar technologies (collectively, "Cookies") to operate the Platform, remember preferences, secure Accounts, measure performance, understand how users interact with the Platform, and support advertising and personalization features.
Cookies may be set by OurRound or by third parties providing analytics, advertising, attribution, communications, support, embedded content, or other functions.
50. Categories and Purposes of Cookies
- (a) Strictly Necessary Cookies. These are used for core functionality such as authentication, fraud prevention, security, network management, session continuity, account login, age-gating flows, and other user-requested features.
- (b) Preference Cookies. These remember settings and choices such as language, interface state, consent choices, region selection, and similar preferences.
- (c) Analytics Cookies. These help us measure traffic, diagnose bugs, understand engagement, evaluate feature performance, and improve usability.
- (d) Advertising and Attribution Cookies. These help support ad delivery, audience creation, campaign attribution, frequency capping, anti-fraud controls, and measurement of ad performance across services.
- (e) Similar Mobile Technologies. In mobile environments, equivalent functions may be performed through software development kits, local storage, mobile advertising identifiers, operating-system identifiers, and device-level APIs rather than browser cookies. Where this notice refers to Cookies, that term includes these mobile technologies unless the context indicates otherwise.
51. Your Cookie Choices
You may be able to manage Cookie preferences through our consent banner or privacy settings where available, through your browser settings, through your mobile device settings, through platform-level ad settings, or by using industry or legal opt-out tools available in your jurisdiction.
If you disable or reject certain Cookies, some parts of the Platform may not function properly. Certain opt-out choices are browser- or device-specific and may be reset if you clear storage, reinstall the application, replace your device, or use a different browser.
52. Cookie Contact Information and Effective Date
Questions regarding this Cookie Notice may be directed to privacy@ourround.co.
Effective Date: July 26, 2026.
Appendix A - U.S. State Privacy Disclosure Summary
The following summary is provided for convenience. It should be read together with the full text of this integrated document.
| Category | Collected | Primary Purposes | Disclosed To |
|---|---|---|---|
| Identifiers / account data | Yes | Account creation, authentication, support, communications, security | Service providers, support vendors, analytics providers, legal recipients as needed |
| Commercial / transaction data | Yes, if offered | Purchases, subscriptions, promotions, fraud prevention, records | Payment processors, merchants, fulfillment partners, service providers |
| Internet / device activity | Yes | Platform operation, analytics, debugging, advertising, security | Analytics, advertising, attribution, security, hosting vendors |
| Location data | Possible, depending on permissions | Local recommendations, fraud prevention, feature functionality | Service providers and partners supporting the relevant feature |
| Visual content and uploads | Yes, if submitted | Menu and label analysis, support, moderation, feature functionality | Cloud storage and processing vendors, moderators, service providers |
| Inferences / preferences | Yes | Personalization, ranking, recommendations, product improvement | Service providers and partners supporting personalization or measurement |
| Communications / social data | Yes, if you use social features | Messaging, community features, abuse prevention, enforcement | Service providers, users you communicate with, legal recipients as needed |
U.S. State Privacy Rights
Residents of certain U.S. states have rights under applicable privacy laws regarding their personal information.
These laws include frameworks such as the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), Utah Consumer Privacy Act (UCPA), Texas Data Privacy and Security Act (TDPSA), Oregon Consumer Privacy Act (OCPA), Montana Consumer Data Privacy Act (MCDPA), Delaware Personal Data Privacy Act (DPDPA), Iowa Consumer Data Protection Act (ICDPA), Indiana Consumer Data Protection Act, and Tennessee Information Protection Act (TIPA).
Consumer Privacy Rights
Subject to verification and applicable legal limitations, residents of applicable states may exercise the following rights:
- Right to Access – request confirmation of whether we process your personal information and obtain a copy.
- Right to Know – request disclosure of categories of personal information collected, sources, purposes, and third‑party disclosures.
- Right to Delete – request deletion of personal information collected from you, subject to legal exceptions.
- Right to Correct – request correction of inaccurate personal information maintained about you.
- Right to Data Portability – obtain certain personal information in a portable format.
- Right to Opt‑Out – opt out of targeted advertising, the sale of personal information, and certain profiling activities where applicable.
- Right to Limit Use of Sensitive Personal Information where required by law.
Sale and Sharing of Personal Information
OurRound may share certain identifiers and device information with advertising or analytics partners to support advertising delivery, measurement, and analytics. Some privacy laws may treat this sharing as a 'sale' or 'sharing.'
Users may opt out of such processing through the mechanisms described below.
Opt‑Out Methods
You may exercise applicable opt‑out rights by adjusting privacy settings within the application, submitting a request through our privacy request portal, or enabling recognized universal opt‑out signals such as Global Privacy Control (GPC) where supported.
Exercising Your Rights
Requests may be submitted through:
Email: privacy@ourround.co
Authorized Agents
In jurisdictions where permitted, authorized agents may submit requests on behalf of users. Proof of authorization may be required.
Appeals Process
If we deny a request, you may appeal by contacting privacy@ourround.co. Appeals will be handled within applicable statutory timelines.
California Additional Disclosures
California residents may request information regarding categories of personal information collected, sources, purposes, categories of third parties receiving data, and retention practices.
Categories of personal information collected may include identifiers, commercial information, internet activity, geolocation data, user‑generated content, and device information.
Retention
Personal information is retained only as long as reasonably necessary for service delivery, compliance with legal obligations, dispute resolution, and enforcement of agreements.
Nevada Residents
Nevada residents may request to opt out of certain sales of personal information under Nevada law by contacting privacy@ourround.co.
California Shine the Light
California residents may request information regarding disclosures to third parties for direct marketing purposes under California Civil Code §1798.83.
Non‑Discrimination
We will not discriminate against users for exercising privacy rights granted under applicable law.