STARVY TERMS OF SERVICE

To maintain the integrity of the whisper network, access to Starvy is regulated.

1.1 Age. You must be at least 16 years of age to use the Service. If you are between 16 and 18 (or the age of majority where you live), you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect data from anyone under 16. If we discover an unauthorized minor has gained access, their Vault will be permanently purged.

1.2 Identity. You must provide accurate, up-to-date information. You may not impersonate another individual, establish a pseudonym with the intent to deceive, or transfer your Vault to another person.

1.3 Security. Your access credentials are yours alone. You agree not to share your account, and you are responsible for activity that occurs under your profile. Notify us promptly at legal@starvy.com if you suspect unauthorized access.

You are here to archive and discover, not to exploit. You agree that you will not:

• Scrape or mine. Use automated scripts, spiders, crawlers, or similar means to extract data, restaurant profiles, or user networks from the platform, including for the training of machine-learning or AI models.
• Pollute. Upload content that is fraudulent, defamatory, hateful, harassing, obscene, unlawful, or that we reasonably deem inconsistent with the curated character of the platform.
• Infringe. Post materials, photography, or content that belongs to someone else without permission.
• Compromise. Attempt to reverse-engineer the Service, breach our security, probe or test vulnerabilities, or interfere with the proper functioning of the app.
• Misuse identity features. Misrepresent affiliation with any restaurant, venue, or brand, or solicit compensation for placement in a guide without disclosure.

Violation of this code may result in removal of content, suspension, or termination of your Vault, subject to Section 14.

Anything you save, write, or upload to your Vault is your "User Content."

3.1 Your ownership. You own your taste. We claim no ownership over the photos you take or the notes you write.

3.2 Our license. To make the whisper network function, you grant Starvy a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, reproduce, adapt (for formatting and technical purposes), aggregate, and distribute your User Content within the Service — for example, showing your saved spots and guides to your approved followers, or rendering your guide in a share card.

3.3 Survival. If you delete User Content or your Vault, this license ends, except that (a) content already incorporated into other users' guides, shares, or archives at the time of deletion may persist in those contexts, and (b) we may retain copies as required by law or in routine backups for a limited period.

3.4 Your responsibility. You represent that you have the rights to everything you post and that your User Content does not violate the law or these Terms.

3.5 Feedback. If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or compensation.

3.6 Curation marks. Editorial marks and statuses (such as the "Soft Rosette" or Curated status) are the intellectual property of Starvy and are bestowed or revoked at our editorial discretion. They are not endorsements of any establishment's legal compliance, safety, or availability.

4.1 Reporting. You may report content you believe is illegal or violates these Terms using the in-app report function (long-press on the relevant item) or by writing to legal@starvy.com with a sufficiently precise description of the content, its location, and the reasons for your report.

4.2 Our review. We review reports in a timely, diligent, and non-arbitrary manner and will act on illegal content as required by law.

4.3 Statement of reasons (EU users). If you are located in the European Union and we remove or restrict your content or suspend or terminate your account, we will provide you with a statement of reasons for the decision, unless we are legally prevented from doing so or the content is deceptive high-volume commercial content.

4.4 Complaints (EU users). If you are located in the European Union, you may contest a moderation decision by contacting legal@starvy.com within six months of the decision. We will handle complaints in a timely and non-discriminatory manner. You may also have the right to refer the dispute to a certified out-of-court dispute settlement body.

4.5 Single point of contact. Our point of contact for users and authorities for the purposes of Regulation (EU) 2022/2065 (Digital Services Act) is legal@starvy.com. You may communicate with us in English or German.

The Bone White canvas, the typography, the custom icons, the editorial voice, and the underlying code belong to Starvy or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial purposes. You may not copy, sell, or create derivative works from our aesthetic or architecture. "Starvy" and our logos are trademarks of Starvy, Inc.; no right or license to use them is granted under these Terms.

We respect the intellectual property of creators. If you believe your copyrighted work has been improperly posted on Starvy, please send our Designated Agent a written notice containing:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the infringed work and its exact location within the app;
3. Your contact information (name, address, telephone number, email);
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

Designated Agent: copyright@starvy.com | Starvy, Inc., 169 Madison Avenue, STE 38404, New York, NY 10016, USA.

We may remove infringing content and terminate the Vaults of repeat infringers. If your content was removed and you believe it was a mistake, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g). EU users may also use the reporting mechanism in Section 4.

Starvy may link to external reservation platforms, mapping services, or restaurant websites. We do not control these external entities and are not responsible for their content, accuracy, or privacy practices. Your transactions with any restaurant or third party discovered through Starvy are strictly between you and them.

The Service is currently provided free of charge. If we introduce premium Vault tiers or paid features in the future ("Paid Services"), we will present the price, billing terms, and renewal conditions before you subscribe, and the following will apply:

8.1 Billing. Purchases will be processed through your device's App Store, and Apple's payment and refund terms will apply alongside ours.

8.2 Auto-renewal. Subscriptions renew automatically unless canceled before the end of the current billing cycle through your App Store settings.

8.3 EU/UK right of withdrawal. If you are a consumer in the EU or UK, you have a statutory 14-day right of withdrawal from contracts for digital content or services. By requesting immediate access to a Paid Service, you consent to immediate performance and acknowledge that you thereby lose the right of withdrawal once performance has begun, to the extent permitted by law. Nothing in these Terms limits any non-waivable statutory refund rights.

Because you download Starvy from the Apple App Store:

• These Terms are between you and Starvy, not Apple. Apple has no obligation to furnish maintenance or support for the Service.
• In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection law.
• In the event of a third-party claim that the app infringes intellectual property rights, Starvy, not Apple, is responsible for the investigation, defense, settlement, and discharge of such claim.
• 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 list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

We may offer features labeled as beta, preview, early access, or invite-only. These are provided for evaluation, may be modified or discontinued at any time, and may be less reliable than the rest of the Service. Any non-public features or content you access under an invitation are confidential until we make them public.

11.1 For all users, to the extent permitted by law: The Starvy network is provided "as is" and "as available." We make no guarantees that a restaurant will honor your reservation, that a spot will remain open or maintain its quality, or that the Service will be uninterrupted or error-free. Taste is subjective; a Curated recommendation is an editorial opinion, not a warranty.

11.2 EU/UK consumers: If you are a consumer in the EU or UK, you benefit from statutory guarantees regarding the conformity of digital services, and nothing in this section limits those rights.

12.1 U.S. and other non-EU/UK users. To the maximum extent permitted by law, Starvy, its officers, directors, and employees shall not be liable for any indirect, incidental, special, punitive, or consequential damages, and our total aggregate liability shall not exceed the greater of one hundred U.S. dollars ($100) or the amounts you have paid us in the twelve months preceding the claim.

12.2 EU/UK consumers. If you are a consumer habitually resident in the EU or UK, the following applies instead: we are liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, and under mandatory statutory liability regimes (such as product liability law). For slight negligence, we are liable only for breach of essential contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment you regularly rely), and in such cases our liability is limited to the foreseeable damage typical for this type of contract. Any further liability is excluded.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Starvy and its officers, directors, and employees from any claims, damages, liabilities, and reasonable legal fees arising out of (a) your User Content, (b) your violation of these Terms, or (c) your violation of any third-party right, including intellectual property, publicity, or privacy rights. This section does not apply to consumers habitually resident in the EU or UK to the extent it would be unenforceable under mandatory local law.

14.1 By you. You may stop using the Service and delete your Vault at any time in the app settings.

14.2 By us. We may suspend or terminate your access if you materially violate these Terms, create legal risk for us, or where required by law. Where reasonably possible — and always where required by law, including for EU users under the Digital Services Act — we will give you notice and a statement of reasons, and you may contest the decision under Section 4.4. We may terminate without prior notice in cases of serious or repeated violations, illegal content, or threats to the security of the Service.

14.3 Effect. Upon termination, your license to use the app ends. Sections 3.5, 5, 12, 13, 15, and 16 survive.

15.1 Let's talk first. Before initiating a formal proceeding, you agree to contact us at legal@starvy.com and attempt to resolve the issue informally for at least 30 days.

15.2 Arbitration. If we cannot resolve the dispute informally, all claims will be settled by binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in New York, New York. Either party may instead bring an individual claim in small claims court.

15.3 No class actions. You may bring claims only on your own behalf. Class actions and consolidated arbitrations are waived to the fullest extent permitted by law.

15.4 Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@starvy.com within 30 days of first creating your Vault, stating your name, account email, and intent to opt out.

15.5 EU/UK consumers. This Section 15 does not apply to you if you are a consumer habitually resident in the European Union or the United Kingdom. Nothing in these Terms requires you to arbitrate or waives your right to bring proceedings before your local courts.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. However, if you are a consumer habitually resident in the European Union or the United Kingdom, you additionally benefit from all mandatory provisions of the law of the country in which you reside, and nothing in these Terms deprives you of that protection. As an EU/UK consumer, you may bring proceedings in the courts of your place of residence, and proceedings against you may be brought only in those courts.

The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and do not undertake to participate in dispute resolution proceedings before a consumer arbitration board.

We may refine the Service or update these Terms. If a change is material, we will notify you via the Dispatch, email, or an in-app notice at least 15 days before it takes effect, unless the change is required by law or addresses an urgent security matter. If you continue using the Service after the effective date, the updated Terms apply. If you do not agree, you may delete your Vault before the change takes effect.

18.1 Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Starvy regarding the Service.

18.2 Severability. If any provision is deemed unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be replaced by an enforceable one that most closely reflects its intent.

18.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

18.4 Assignment. You may not assign your rights under these Terms. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

18.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

18.6 Contact the Concierge. For matters regarding these Terms: legal@starvy.com | Starvy, Inc., 169 Madison Avenue, STE 38404, New York, NY 10016, USA.