QUICK SUMMARY OF OUR TERMS

Welcome to HappyKava! By using our app, you agree to:

• Use the app legally and honestly (no fake check-ins or votes).

• Understand that specials and event info come from bars and may change.

• Share your location if you want to check in or see what’s nearby.

• Respect other users and the community.

• Know that we provide the app “as is” and can’t guarantee everything will always be accurate or available.

If there’s ever a dispute, we’ll handle it through binding arbitration in Texas, not in court, and it will be on an individual basis (not class actions).

TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the HappyKava mobile application, website, and related services (collectively, the “App”), operated by HappyKava, Inc. (“HappyKava,” “Company,” “we,” “us,” or “our”). By accessing or using the App, you agree to be legally bound by these Terms. If you do not agree, you must not access or use the App.

1. Eligibility
   1.1 Age Requirement. You must be at least thirteen (13) years old to use the App. By using the App, you represent and warrant that you meet this requirement.
1.2 Authority. If you are accessing the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. License to Use
   2.1 Grant. Subject to your compliance with these Terms, HappyKava grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes.
2.2 Restrictions. You may not:

• Copy, modify, distribute, or create derivative works of the App;
• Reverse-engineer or attempt to extract source code;
• Circumvent security features or access the App in unauthorized ways;
• Use automated means (bots, scrapers) to interact with the App.

3. User Conduct
   You agree not to use the App in any manner that:

• Violates applicable laws or regulations;
• Submits false, misleading, or harmful information;
• Attempts to falsify or “spoof” location, check-ins, or event votes;
• Infringes intellectual property, privacy, or other rights of third parties;
• Harasses, abuses, or interferes with other users.

4. User Content
   4.1 Definition. “User Content” includes reports, suggestions, event information, check-ins, votes, feedback, or other material you submit.
4.2 License. By submitting User Content, you grant HappyKava a worldwide, royalty-free, perpetual, irrevocable license to use, display, reproduce, modify, and distribute such content in connection with the App.
4.3 Responsibility. You are solely responsible for User Content and represent that you own or have the necessary rights to provide it.

5. Location-Based Features
   5.1 Certain features (including check-ins and nearby specials) require access to your device’s geolocation data.
5.2 By enabling such features, you consent to the collection and use of location data for App functionality.
5.3 Any attempt to manipulate or falsify location data is strictly prohibited.

6. Intellectual Property
   All rights, title, and interest in the App, including software, design, trademarks, and content (other than User Content), are owned by HappyKava or its licensors. You may not use HappyKava’s intellectual property without prior written consent.

7. Third-Party Content and Services
   The App displays specials, events, and information provided by third-party kava bars and partners. HappyKava does not guarantee the accuracy, reliability, or availability of such content and disclaims all liability for third-party services.

8. Disclaimers
   THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPYKAVA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA.

9. Limitation of Liability
   TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPYKAVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification
    You agree to indemnify, defend, and hold harmless HappyKava, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or in connection with your use of the App, your violation of these Terms, or your User Content.

11. Termination
    HappyKava may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms or engage in fraudulent or abusive practices.

12. Governing Law and Arbitration
    12.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles.
12.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, rather than in court.
12.3 Arbitration Location and Rules. Arbitration shall take place in Harris County, Texas, before a single arbitrator. The language of arbitration shall be English.
12.4 Class Action Waiver. You agree that disputes will be resolved only on an individual basis, and not as part of a class, consolidated, or representative action.
12.5 Exceptions. You and HappyKava may seek injunctive relief in a court of competent jurisdiction in Texas for violations of intellectual property or unauthorized access to the App.

13. Modifications
    HappyKava reserves the right to amend these Terms at any time. Updated Terms will be posted within the App. Continued use of the App after changes constitutes acceptance of the revised Terms.

14. Severability
    If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

15. No Waiver
    No failure or delay by HappyKava in enforcing any right or provision of these Terms shall constitute a waiver of such right or provision.

16. Entire Agreement
    These Terms constitute the entire agreement between you and HappyKava with respect to the App and supersede all prior agreements, understandings, or representations.

17. Contact Information
    For questions about these Terms, please contact:

BestKavaBar, Inc.
Email: g@bestkavabar.com
Address: 3902 S Congress Ave. PO BOX 40476, Austin, TX 78704