These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your") and Whatspoppin ("we", "us", "our") governing your use of the Whatspoppin mobile application (the "App"). Please read these Terms carefully before using the App.
1. Acceptance of Terms
By creating an account or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the App. We may update these Terms at any time; your continued use after changes are posted constitutes acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If we learn that a user is under 18, we will terminate their account immediately.
3. Account Registration and Security
To use the App, you must create an account using Apple Sign-In, Google Sign-In, or phone number verification. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security and confidentiality of your account credentials
- Notify us immediately at legal@whatspoppin.app of any unauthorised access to your account
- Accept responsibility for all activities that occur under your account
You may not create more than one account per person. We reserve the right to refuse registration or cancel accounts at our discretion.
4. The Service
Whatspoppin is a crowd-sourced nightlife discovery platform. Users check in to venues and rate their current atmosphere on a scale of 1–5. These ratings are aggregated and displayed to other users in real time.
4.1 Accuracy Disclaimer
Venue statuses are entirely crowd-sourced and reflect the subjective opinions of individual users at a specific moment in time. We do not verify, endorse, or guarantee the accuracy of any venue status. Predicted venue busyness data provided by third-party services (such as BestTime.app) is estimated and may not reflect actual conditions.
4.2 GPS Verification
Check-ins may be verified using your device's GPS to confirm you are physically present at the venue. GPS verification is performed on your device; raw coordinates are not transmitted to our servers. GPS accuracy varies and may be affected by environmental factors.
5. Acceptable Use
You agree not to:
- Submit false, misleading, or fraudulent check-ins or venue statuses
- Spoof, falsify, or manipulate your GPS location to circumvent venue verification
- Create multiple accounts, bots, or automated systems to manipulate venue statuses or game platform features
- Harass, abuse, threaten, stalk, or intimidate other users
- Use the App for any unlawful purpose or in violation of any applicable laws
- Scrape, crawl, harvest, or collect user data or content by any automated or manual means
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
- Interfere with, disrupt, or place an undue burden on the App's infrastructure
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Upload, transmit, or distribute any malicious code, viruses, or harmful content
- Use the App to promote or facilitate illegal activity, including the sale or distribution of controlled substances
6. User Content
6.1 Licence Grant
When you submit content through the App — including check-ins, status ratings, profile information, usernames, profile photos, and shared story images — you grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable licence to use, reproduce, modify, display, and distribute that content in connection with operating and promoting the App.
6.2 Your Responsibility
You are solely responsible for all content you submit. You represent and warrant that you own or have the necessary rights to submit such content, and that it does not infringe any third party's intellectual property, privacy, or other rights.
6.3 Content Removal
We reserve the right, but are not obligated, to review, monitor, and remove any content that violates these Terms or that we deem objectionable, at our sole discretion and without prior notice.
7. Intellectual Property
The App, including its design, code, features, trademarks, logos (including the Whatspoppin flame logo), and all associated intellectual property, is owned by Whatspoppin and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the App beyond the limited right to use it in accordance with these Terms.
8. Privacy
Your use of the App is governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. The Privacy Policy is incorporated into these Terms by reference.
9. Third-Party Services and Links
The App integrates with or links to third-party services including Google Maps, Apple and Google authentication providers, Instagram, WhatsApp, TikTok, and push notification services. Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party service.
10. Account Suspension and Termination
10.1 By Us
We may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, fraudulent or abusive behaviour, extended account inactivity (12 months or more), or if required by law.
10.2 By You
You may delete your account at any time through the App's settings. Upon deletion, your personal data will be handled as described in our Privacy Policy, including the anonymisation (rather than deletion) of past check-ins.
10.3 Effect of Termination
Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive termination (including Sections 6, 7, 11, 12, 13, 14, and 15) will continue in effect.
11. Disclaimers
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE APP WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED, SECURE, OR ERROR-FREE
- VENUE STATUSES, PREDICTIONS, OR ANY OTHER INFORMATION PROVIDED THROUGH THE APP WILL BE ACCURATE, RELIABLE, OR CURRENT
- ANY DEFECTS OR ERRORS WILL BE CORRECTED
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, ACTIONS, OR SAFETY OF ANY VENUE, VENUE OPERATOR, OR OTHER USER. YOU USE THE APP AND VISIT VENUES AT YOUR OWN RISK. EXERCISE CAUTION AND GOOD JUDGEMENT WHEN VISITING VENUES AND INTERACTING WITH OTHER USERS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHATSPOPPIN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE APP
- ANY CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES
- UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR DATA
- ANY INFORMATION, VENUE STATUS, OR PREDICTION PROVIDED THROUGH THE APP
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Whatspoppin and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of the App
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third party's rights, including intellectual property or privacy rights
- Any content you submit through the App
14. Dispute Resolution
14.1 Informal Resolution
Before initiating any formal legal proceedings, you agree to first contact us at legal@whatspoppin.app and attempt to resolve the dispute informally for at least 30 days.
14.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.
14.3 Jurisdiction
Any disputes arising out of or in connection with these Terms that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Ireland. Nothing in this section limits your right to bring proceedings in the courts of your country of residence if required by mandatory consumer protection law.
15. General Provisions
15.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
15.2 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Whatspoppin regarding the App and supersede all prior agreements, understandings, and communications.
15.3 Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by us.
15.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
15.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service outages.
15.6 Notices
We may provide notices to you via the App, email, or by posting on our website. You may provide notices to us at legal@whatspoppin.app.
16. Contact Us
For questions about these Terms:
Email: legal@whatspoppin.app