Terms of Service

Last Updated: October 8, 2026

Effective Date: October 2, 2026

1. Agreement to Terms

By accessing or using the Avēre application ("App"), website at getavere.com ("Site"), or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

The Service is operated by Carpe Vende Consulting Corp. ("Company," "we," "us," or "our").

2. Eligibility

The Service features alcohol and is for adults of legal drinking age. You must be at least 21 years old to use the Service. By using the Service, you represent and warrant that you are at least 21 years of age and have the legal capacity to enter into these Terms. We ask you to confirm this when you first open the Service.

We do not knowingly collect data from or direct the Service to individuals under 21.

3. Geographic Availability

The Service is intended for use within the United States only. By using the Service, you represent that you are located in the United States or are a U.S. resident. We make no representations that the Service is appropriate, available, or compliant with the laws of any jurisdiction outside the United States.

If you access the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with your local laws. We reserve the right to restrict access to the Service from any geographic location at our discretion.

4. Account Registration

To access certain features, you must create an account using a valid email address or supported social login provider. You are responsible for:

Maintaining the confidentiality of your account credentials
All activity that occurs under your account
Notifying us promptly of any unauthorized use

You may not create multiple accounts, use false or misleading identity information, or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Description of Service

Avēre is a map-based happy hour discovery platform that allows users to:

Browse and discover happy hour venues across participating metropolitan areas
Check in at venues using GPS-verified location data (within 150 meters of the venue)
Rate venues across five dimensions (price, service, quality, vibe, and menu variety)
Submit new venues for community review
Earn points and badges through participation
Save and bookmark venues
View and claim flash deals published by participating venues

6. Consent to Electronic Communications

By creating an account or using the Service, you consent to receive all communications from us electronically, including account notifications, service updates, policy changes, and promotional communications. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may withdraw your consent to receive electronic communications by contacting us at legal@carpevende.com, but doing so may result in termination of your account, as the Service cannot be operated without electronic communication.

6.1 Text Messaging Terms

If you provide your mobile phone number, you agree that we may send you text messages (SMS/MMS) related to the Service, including check-in confirmations, flash deal alerts, and account notifications. By providing your mobile number, you consent to receive these messages through the use of an auto-dialer or prerecorded/artificial voice technology.

You can cancel SMS messages at any time by replying STOP to any message. After you send STOP, we will send a confirmation of your unsubscription.
Reply HELP for assistance, or contact us at legal@carpevende.com.
Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply. Message frequency varies.
No mobile information (including SMS opt-in data and consent) will be shared with third parties or affiliates for marketing or promotional purposes.

7. GPS Location and Check-In Verification

The Service uses your device's GPS location to verify check-ins at venues. Check-ins require you to be within approximately 150 meters of the venue. By using the check-in feature, you consent to the collection of your precise GPS coordinates at the time of check-in.

You may disable location services on your device at any time, but this will prevent you from using location-dependent features such as check-ins and ratings.

8. User-Generated Content

8.1 Your Content

You may submit content to the Service, including venue submissions, ratings, photos, and community edits ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license (with the right to sublicense) to use, reproduce, modify, adapt, display, distribute, translate, and create derivative works from your User Content in connection with the Service and our business operations, including the creation of aggregated and anonymized data products. This license survives the removal of your User Content from the Service and the termination of your account.

You represent and warrant that:

You own or have the necessary rights to submit your User Content
Your User Content does not infringe any third party's intellectual property or other rights
Your User Content is accurate and not misleading
Your User Content does not violate any applicable law or regulation

8.2 Content Standards

User Content must not:

Contain false, misleading, or fraudulent information
Include obscene, defamatory, harassing, or threatening material
Violate any person's privacy or publicity rights
Contain spam, advertising, or solicitations unrelated to the Service
Include malicious code or links
Impersonate any person or entity

8.3 Content Moderation

We reserve the right to review, approve, reject, or remove any User Content at our sole discretion, without notice and for any reason. Venue submissions are subject to an approval process before appearing on the Service. We are not obligated to monitor, edit, or remove User Content, but we may do so at any time.

8.4 Objectionable Content and Abusive Users

We have no tolerance for objectionable content or abusive users. Tips and photos are reviewed by our team before they are published. You can report any member's tip, photo or public name from within the Service, and you can hide all content from the member who posted it. We review every report within 24 hours, remove content that violates these Terms, and suspend or terminate the account of the user who provided it. You can also report content to legal@carpevende.com.

9. Copyright Infringement and DMCA

If you believe that your copyrighted work has been used on the Service in a way that constitutes copyright infringement, please send a notice to our designated copyright agent with the following information:

A description of the copyrighted work you claim has been infringed
A description of where the allegedly infringing material is located on the Service
Your contact information (name, address, telephone number, and email)
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
Your physical or electronic signature

Send DMCA notices to: legal@carpevende.com

We may terminate the accounts of users who are repeat infringers.

9.1 Counter-Notification

If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notification to legal@carpevende.com that includes:

Your physical or electronic signature
Identification of the material that was removed and its prior location on the Service
A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
Your name, address, and telephone number, and a statement consenting to the jurisdiction of the federal courts in Dallas County, Texas

The DMCA applies in the United States only.

10. Points, Badges, and Rewards

The Service includes a points and badge system. Points are earned through activities such as venue submissions, check-ins, ratings, and referrals. Badges are awarded based on cumulative activity milestones.

Points and badges:

Have no cash value and cannot be exchanged for cash or credit
Are non-transferable between accounts
May be adjusted, recalculated, or reset at our discretion
Do not constitute property rights of any kind
Cannot be combined with other offers or promotions unless explicitly stated

Points may be redeemed for Avēre merchandise within the Service. The activities that earn points, the amounts, the items available and any expiration rules are published within the Service at "How points work" (getavere.com/rewards/points) and may change as described there. Points have no cash value and are not redeemable for cash, credit, or any form of currency.

A referral reward is earned only when a person who has never had an account joins using your invitation and then checks in at venues five times while physically present. Referring yourself, or referring accounts created to collect the reward, is rewards program abuse.

We reserve the right to modify the points system, earning rates, badge thresholds, and any associated benefits at any time without prior notice.

10.1 Rewards Program Abuse

The following activities constitute rewards program abuse and may result in forfeiture of all accumulated points and badges, account suspension, or account termination:

Creating multiple accounts to earn additional points or badges
Using automated means to generate check-ins, ratings, or submissions
Spoofing or falsifying GPS location to earn check-in points
Exploiting technical errors, bugs, or glitches to earn unearned points
Colluding with other users to artificially inflate ratings or check-in counts
Any other activity intended to manipulate the rewards system

We reserve the right to reverse any points or rewards obtained through abuse.

10.2 Financial Incentive Disclosure (California Residents)

Under the California Consumer Privacy Act (CCPA), our rewards program may constitute a "financial incentive" program. You may participate in the program by creating an account and using the Service. The value of personal information we collect in connection with the program is reasonably related to the value of the rewards provided. You may withdraw from the rewards program at any time by deleting your account.

11. Membership Tiers

The Service offers membership tiers (Guest, Prime, and Elite) with varying feature access. Free (Guest) tier features are available to all registered users. Paid tier pricing, features, and availability are subject to change.

When paid subscriptions become available:

Subscription fees will be charged through the designated payment processor
Subscriptions will auto-renew unless canceled at least 72 hours before the renewal date
Cancellation takes effect at the end of the current billing period; no partial refunds will be issued for unused portions of a billing period
Refunds will be handled in accordance with applicable law and the payment processor's policies
We reserve the right to change subscription pricing with 30 days' notice to existing subscribers

12. Flash Deals

Flash deals are time-limited promotions published by participating venues. Flash deals:

Are subject to availability and may be modified or withdrawn at any time by the venue
May require a GPS-verified check-in at the venue to claim
May be restricted to certain membership tiers
Are provided by the venue, not by us; we are not responsible for honoring or fulfilling any deal
Must be presented and redeemed in accordance with the venue's terms
Cannot be combined with other offers, promotions, or rewards unless explicitly stated
Are not redeemable for cash

Flash deal details, including pricing and availability, are based on information provided by venues or contributed by the Avēre community. This information may not reflect current conditions at the venue. We recommend confirming deal details directly with the venue before visiting.

13. Mayor Status

The user with the most GPS-verified check-ins at a given venue is designated "Mayor" of that venue. Mayor status is determined automatically and may change as other users accumulate check-ins. Mayor status confers no ownership, authority, or rights regarding the venue.

14. Venue Information and Venue Liability

14.1 Venue Information Accuracy and Deal Freshness

Venue information on the Service, including happy hour times, deals, prices, menus, and hours of operation, is contributed by the Avēre community and is provided for informational purposes only. This information may be out of date or may not reflect current conditions at the venue. We make reasonable efforts to maintain accuracy through community verification, but we do not guarantee that any venue information is complete, current, or accurate.

Recent community check-ins at a venue indicate ongoing engagement but do not guarantee that deal details remain unchanged.

Always confirm details directly with the venue before visiting.

14.2 Platform Disclaimer

The Service is a community-powered discovery platform, not a verified directory. Deal information, venue hours, pricing, and menu details are contributed by users and have not been independently confirmed by the Company. We do not endorse, verify, or guarantee any information submitted by users or venues. You acknowledge that venue conditions, pricing, and deal availability may change without notice, and that the Company bears no responsibility for discrepancies between information displayed on the Service and actual conditions at any venue.

14.3 Venue Liability Waiver

You acknowledge that venues listed on the Service are independent businesses not controlled by, affiliated with, or endorsed by the Company. The Company is not responsible for the quality, safety, legality, or availability of any food, beverages, services, or experiences provided by any venue. You irrevocably waive all rights related to, and release the Company and its subsidiaries, affiliates, partners, officers, directors, employees, and agents from, any and all liabilities, claims, demands, damages, losses, costs, and expenses arising from or related to any act or omission of a venue, including but not limited to food quality, allergens, illness, injury, or failure to honor deals or promotions.

15. Third-Party Services and Technology Partners

The Service integrates with third-party services and technology partners, including:

Google Maps Platform: for map display, venue location data, and place search functionality
Supabase: for data storage, user authentication, and real-time functionality
Vercel: for application hosting and content delivery

We may engage additional technology partners, analytics providers, and service providers from time to time to operate, improve, and support the Service. Your use of third-party services accessed through the Service is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

16. Aggregated Data and Analytics

We may create aggregated, anonymized, or de-identified data derived from your use of the Service ("Aggregated Data"). Aggregated Data does not identify you personally. We may use, share, license, or sell Aggregated Data for any lawful purpose, including providing analytics to venue operators, conducting market research, and supporting technology partnerships. You acknowledge that Aggregated Data is not subject to the restrictions on personal data described in our Privacy Policy.

17. Data Collection and Modification

We reserve the right to modify our data collection and processing practices at any time. Material changes to data collection will be communicated through updates to our Privacy Policy. Your continued use of the Service after such updates constitutes acceptance of the modified practices, subject to your rights under applicable state privacy laws.

17A. Unsolicited Ideas

We do not accept unsolicited ideas, suggestions, or proposals regarding the Service, including ideas for new features, promotions, products, or technologies. If you submit an unsolicited idea despite this policy, you understand and agree that: (a) the idea is not submitted in confidence; (b) we assume no obligation regarding the idea; and (c) you grant us an irrevocable, perpetual, worldwide, royalty-free license to use the idea and any associated intellectual property in any manner, without compensation to you.

18. Intellectual Property

The Service, including its design, features, content (excluding User Content), trademarks, logos, and underlying technology, is owned by or licensed to the Company and is protected by intellectual property laws. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or disassemble any part of the Service without our prior written consent. You may not use any data mining, robots, or similar data gathering or extraction methods on the Service.

The Avēre name, logo, crest, and all related marks are trademarks of Carpe Vende Consulting Corp. You may not use our trademarks without our prior written consent.

19. Prohibited Conduct

You agree not to:

Use the Service for any unlawful purpose
Attempt to gain unauthorized access to any part of the Service
Interfere with or disrupt the Service or its infrastructure
Use automated means (bots, scrapers, crawlers) to access the Service without our written permission
Spoof or falsify your GPS location to manipulate check-ins, ratings, or mayor status
Create multiple accounts to manipulate points, ratings, or leaderboards
Exploit technical errors, pricing errors, or system bugs for personal gain
Harass, abuse, or harm other users
Circumvent any access restrictions or security measures
Use the Service to compete with us or create a competing product
Scrape, download, or compile venue data for commercial use

20. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination:

Your right to use the Service ceases immediately
Your accumulated points and badges are forfeited
We may delete your account data in accordance with our Privacy Policy
Provisions of these Terms that by their nature should survive termination will survive (including Sections 8.1, 14.3, 16, 18, 21, 22, 23, 24, and 25)

You may delete your account at any time by contacting us at legal@carpevende.com.

21. DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

21.1 Informal Resolution First

Before initiating any arbitration or court proceeding, you agree to first contact us at legal@carpevende.com and attempt to resolve any dispute informally for at least sixty (60) days. If we cannot resolve the dispute informally, either party may proceed as described below.

21.2 Binding Arbitration

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved by binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if they qualify. The Federal Arbitration Act, 9 U.S.C. 1-16, governs the interpretation and enforcement of this section.

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration hearings will take place in Dallas County, Texas, unless the parties agree otherwise or the AAA rules provide otherwise. For claims of $2,500 or less, arbitration may proceed telephonically or by written submission.

The arbitrator will have exclusive authority to resolve all Disputes, including whether any particular claim is arbitrable. The arbitrator's decision will be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

21.3 Class Action and Mass Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

You waive your right to participate in a class action lawsuit or class-wide arbitration against the Company. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision will be null and void, but the remaining Terms will remain in effect.

21.4 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to legal@carpevende.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remaining Terms will continue to apply, and disputes will be resolved under Section 22.

21.5 Time Limitation on Claims

Any claim or dispute arising out of or related to these Terms or the Service must be commenced within one (1) year after the date the claim or dispute arises. Any claim not brought within the one-year period is permanently barred. This limitation applies regardless of whether the claim or dispute is based on contract, tort, statute, or any other legal theory.

21.6 Confidentiality of Arbitration

The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by either party. The arbitration proceedings, including any award, will remain confidential except as necessary to enforce the award or as required by law.

21.7 Fees

The Company will pay all arbitration filing fees, administration fees, and arbitrator fees for claims of $10,000 or less. For claims exceeding $10,000, fees will be allocated as provided by the AAA Consumer Arbitration Rules. Each party bears its own attorneys' fees unless the arbitrator awards them to the prevailing party as permitted by applicable law.

22. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.

23. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

The Service will be uninterrupted, secure, or error-free
The Service is free of viruses, malware, or other harmful components
Venue information will be accurate, complete, or current
The results of using the Service will meet your expectations
Any defects will be corrected

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

25. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO:

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any third party's rights
Your conduct in connection with the Service
Any interaction between you and any venue or other user

26. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service with a revised "Last Updated" date. For material changes to the arbitration provision, we will provide at least 30 days' notice. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

27. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

28. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Service.

29. Apple App Store Additional Terms

If you download or access the App through the Apple App Store, you agree to the following additional terms:

These Terms are between you and Carpe Vende Consulting Corp. only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
Apple has no obligation to provide maintenance or support services for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such claim.
Apple and its subsidiaries are third-party beneficiaries of these Terms. 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 beneficiary.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with all applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).

29A. Google Play Store Additional Terms

If you download or access the App through the Google Play Store, you agree to the following additional terms:

These Terms are between you and Carpe Vende Consulting Corp. only, and not with Google LLC ("Google"). Google is not responsible for the App or its content.
Google has no obligation to provide maintenance, support, or update services for the App.
Your use of the App is also subject to the Google Play Terms of Service.
Google is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App infringes a third party's intellectual property rights, Google is not responsible for the investigation, defense, settlement, or discharge of such claim.
Google and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
You acknowledge that Google has no responsibility or liability relating to your use of the App and that Google makes no representations or warranties regarding the App.

30. Contact

For questions about these Terms, contact us at:

Carpe Vende Consulting Corp.
Email: legal@carpevende.com