Welcome to AllergyFreeNearMe. These Terms of Service ("Terms") govern your access to and use of the AllergyFreeNearMe website, mobile application, and related services (collectively, the "Service"), operated by AllergyFreeNearMe, Inc. ("we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Eligibility
You must be at least 13 years of age to use the Service. If you are under 18, you must have the consent of a parent or legal guardian. By using the Service, you represent and warrant that you meet these eligibility requirements.
2. Account Registration
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security of your password and account
- Promptly update your account information if it changes
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or violates these Terms.
3. Use of the Service
Permitted Use
You may use the Service to search for allergy-friendly restaurants, read and write reviews, save favorite restaurants, and access allergy-related restaurant information. All use must comply with applicable laws and these Terms.
Prohibited Conduct
You agree not to:
- Post false, misleading, or fraudulent reviews or safety information
- Impersonate any person or entity, or misrepresent your affiliation
- Use the Service to harass, bully, or intimidate other users or restaurant owners
- Scrape, crawl, or use automated means to access the Service without our written consent
- Attempt to gain unauthorized access to any part of the Service
- Interfere with or disrupt the Service or servers connected to the Service
- Upload or transmit viruses, malware, or other harmful code
- Use the Service for any commercial purpose not expressly permitted
4. User Content
You may submit reviews, ratings, photos, and other content ("User Content") through the Service. By submitting User Content, you:
- Grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, modify, and distribute your User Content in connection with the Service
- Represent that you own or have the rights to share the content
- Acknowledge that your User Content may be visible to other users
- Agree that we may remove User Content that violates these Terms or our community guidelines
5. Allergy Information Disclaimer
Important Safety Notice
The allergy information provided on the Service is based on community reports and restaurant self-disclosures. While we strive for accuracy, we cannot guarantee that the information is complete, current, or error-free. Always verify allergen information directly with the restaurant before ordering. We are not liable for any allergic reactions or health consequences resulting from reliance on information provided through the Service.
6. Owner-Reviewed Profile Subscription
The Service offers a paid owner-reviewed profile subscription for approved restaurant owners. By subscribing:
- You agree to pay the applicable subscription fee ($49.99/year)
- Your subscription will automatically renew unless you cancel before the renewal date
- Payments, invoices, payment methods, and billing portal access are processed securely through Stripe
- We reserve the right to change subscription pricing with 30 days' notice
The Service may also offer an optional one-time website/menu setup purchase ($49.99/location/setup run). Setup purchases cover AFNM preparation work and do not create an allergy safety guarantee or replace restaurant review and approval.
7. Intellectual Property
The Service, including its design, code, content, logos, and trademarks, is owned by AllergyFreeNearMe, Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our express written permission.
8. Third-Party Services
The Service may contain links to or integrations with third-party websites and services (e.g., Mapbox for mapping, Stripe for payments). We are not responsible for the content, privacy practices, or terms of these third-party services. Your use of third-party services is at your own risk.
9. Limitation of Liability
To the maximum extent permitted by law, AllergyFreeNearMe, Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or health-related damages, arising out of or relating to your use of the Service.
Our total liability for any claim arising from the Service shall not exceed the amount you have paid us in the 12 months preceding the claim, or $100, whichever is greater.
10. Indemnification
You agree to indemnify and hold harmless AllergyFreeNearMe, Inc. from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.
11. Dispute Resolution
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in New York, New York, unless otherwise agreed. You waive any right to participate in a class action lawsuit or class-wide arbitration.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) shall survive.
13. Changes to These Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the updated Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
15. Contact Us
If you have questions about these Terms, please contact us:
AllergyFreeNearMe, Inc.
Email: legal@allergyfreenearme.com