BAR SEEN TERMS AND CONDITIONS

Last Updated: July 30, 2026

Welcome to Bar Seen (the “Platform”), which is provided by BarSeen, Inc., a Texas

[corporation/limited liability company] (“BarSeen,” “we,” “us,” or “our”). These Terms and

Conditions (the “Terms”) govern your access to and use of the Bar Seen mobile application,

website located at barseen.com, and all related features, content, and services (collectively, the

“Services”). By creating an account, accessing, or using the Services, you agree to be bound by

these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If

you do not agree, you must not access or use the Services.

Bar Seen is a nightlife discovery platform. Through the Services, users may view participating

bars’ and restaurants’ live interior camera feeds, real-time crowd levels, drink specials, and live

music listings, and may use certain social and in-app payment features described below, including

the “Send a Drink” feature. These Terms apply to all visitors, users, and others who access the

Services (“”you”” or “”your””).

1. Eligibility and Age Restrictions

The Services relate to bars, restaurants, and alcohol-serving venues and are intended solely for

adults of legal drinking age. By creating an account or using the Services, you represent and

warrant that:

a. You are at least twenty-one (21) years of age;

b. You have the legal capacity to enter into a binding contract with BarSeen;

c. You are not barred from using the Services under the laws of the United States or any other

applicable jurisdiction, including that you do not appear on the U.S. Treasury Department’s

list of Specially Designated Nationals or any similar restricted-party list;

d. You are not required to register as a sex offender in any jurisdiction; and

e. You will comply with these Terms and all applicable federal, state, and local laws, rules,

and regulations, including those governing the purchase, possession, and consumption of

alcohol.

We do not knowingly permit anyone under twenty-one (21) to create an account. If we learn that

an account has been created by, or contains information about, a person under twenty-one (21), we

reserve the right to immediately suspend or terminate that account. Age representations made on

the Platform are self-reported by users; final verification of legal drinking age for purposes of

alcohol service or redemption of any drink credit occurs at the participating venue, as described in

Section 4 below.

2. Account Registration

To access certain features of the Services, you must register for an account and provide accurate,

current, and complete information. You are responsible for maintaining the confidentiality of your

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login credentials and for all activity that occurs under your account. You agree to notify us

immediately of any unauthorized use of your account.

3. Live Venue Camera Feature

A core feature of the Services allows participating bars and restaurants (“Participating Venues”)

to install cameras that stream live, publicly-viewable video of the venue’s general interior common

areas — such as the bar floor, seating areas, or stage — so that users can gauge the venue’s

atmosphere and activity level before arriving. You acknowledge and agree to the following

regarding this feature:

a. Camera feeds are limited to general interior common areas of a Participating Venue and do

not include, and Participating Venues agree not to install cameras at, restrooms, private

offices, cash registers or point-of-sale terminals, or other areas where patrons have a

heightened expectation of privacy.

b. Camera feeds do not capture or transmit audio.

c. The camera feed for each Participating Venue is provided, owned, and operated by that

Participating Venue, and not by BarSeen. Each Participating Venue is solely responsible

for (a) obtaining any consent, providing any notice or signage, and complying with any

applicable federal, state, or local law governing video recording and surveillance of its

patrons (including, where applicable, two-party or all-party consent recording statutes),

and (b) the placement, operation, and content of its own camera feed. BarSeen provides the

technology by which such feeds are transmitted to and displayed within the Services but

does not control what a Participating Venue’s camera captures.

d. If you appear on a Participating Venue’s camera feed while physically present at that venue,

your image may be visible to other users of the Services. BarSeen does not use facial

recognition or other biometric identification technology to identify individuals appearing

in camera feeds, and does not permit Participating Venues to use the Services for that

purpose.

e. BarSeen may, in its discretion, cache or briefly buffer live feeds for technical purposes

(such as stream stabilization) but does not create a permanent, searchable video archive of

Participating Venue camera feeds for user access unless separately disclosed to you.

If you have concerns about a specific camera feed or believe a Participating Venue is not in

compliance with applicable law, please contact us using the information in Section 20, or contact

the venue directly.

4. Send a Drink Feature and In-App Social Wallet

The Services include an in-app digital wallet and “Send a Drink” feature (collectively, the

“Wallet”), which allows you to load funds and send a digital drink credit to another user,

redeemable for beverages, including alcoholic beverages, at Participating Venues. The following

terms apply to the Wallet:

4.1 Loading and Nature of Balances

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• Funds you load into the Wallet are processed through our third-party payment processor,

[PAYMENT PROCESSOR NAME], and are held as a prepaid, stored-value balance for

use within the Services. The Wallet is not a bank account, and balances held in the Wallet

do not earn interest and are not insured by the FDIC or any other deposit insurance.

• Wallet balances and drink credits may be used only to purchase beverages at Participating

Venues through the Services and cannot be withdrawn, cashed out, or exchanged for cash,

except as required by applicable law or as we may otherwise permit in our discretion.

4.2 Sending and Redeeming Drink Credits

• When you send a drink credit to another user, you authorize us to debit the corresponding

value from your Wallet balance. Once sent, a drink credit is redeemable only by the

recipient and only at the Participating Venue(s) designated at the time it was sent, subject

to that venue’s menu, availability, and pricing at the time of redemption.

• Drink credits are non-transferable by the recipient to any other person and may not be

resold, bartered, or exchanged.

• Redemption of a drink credit for an alcoholic beverage is subject to the Participating

Venue’s own age verification and responsible-service procedures, as described in Section

5. BarSeen does not sell, serve, or deliver alcohol and is not a party to the sale of any

beverage redeemed through the Services; that sale occurs solely between the redeeming

user and the Participating Venue.

4.3 Expiration, Refunds, and Forfeiture

• Unredeemed Wallet balances and drink credits [do not expire / expire (X) days after loading

or sending, subject to any minimum periods required by applicable unclaimed property or

gift-card law] — [TO BE FINALIZED WITH CLIENT].

• We do not provide refunds for Wallet funds already loaded or for drink credits already sent,

except where required by law, where a Participating Venue is unable to honor a redemption

due to its own error, or in our sole discretion.

• If your account is terminated for violation of these Terms, any remaining Wallet balance

may be forfeited to the extent permitted by applicable law.

4.4 Payment Processing and Security

All payment card and bank account information you provide is transmitted to and processed by

our third-party payment processor in accordance with applicable payment card industry security

standards. BarSeen does not store your full payment card number on our servers. Additional detail

regarding payment data handling is provided in our Privacy Policy.

Regulatory note to Participating Venues and users: Because the Wallet involves the transfer of

stored value between users, its structure may implicate state money-transmission and prepaid-

access regulations in certain jurisdictions. BarSeen has structured the Wallet with the intent that

value may be redeemed only for beverages at Participating Venues and not for cash, in order to

fall within applicable closed-loop or exempt prepaid-access frameworks; however, this

determination should be periodically reassessed as the feature and its geographic footprint evolve.

5. Alcohol Service and Compliance

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a. All alcohol service made available through redemption of a drink credit is performed

exclusively by the Participating Venue, which holds its own applicable state and local

alcoholic beverage licenses and permits.

b. Every Participating Venue is solely responsible for verifying that a patron redeeming a

drink credit for an alcoholic beverage is at least twenty-one (21) years of age (or the

applicable legal drinking age in that jurisdiction) through valid government-issued

identification at the point of redemption, and for refusing service consistent with its own

policies and applicable law, including to any patron who appears intoxicated.

c. BarSeen is not a manufacturer, distributor, retailer, or server of alcoholic beverages, does

not hold an alcoholic beverage license, and disclaims any liability arising from a

Participating Venue’s over-service, under-age service, or other violation of alcoholic

beverage laws.

d. You agree that you will not attempt to redeem, and will not assist another person in

redeeming, a drink credit for an alcoholic beverage if you are, or that other person is, under

the legal drinking age.

6. Location Services

The Services use your device’s location (through GPS, Wi-Fi, or similar technology) to show you

nearby Participating Venues, live camera feeds, crowd levels, and to support the proximity-based

“Send a Drink” and social features that let you see which users are checked in near you. You may

disable location services through your device settings, but doing so may limit or disable certain

features of the Services, including your ability to see or be seen by nearby users.

7. Ghost Mode and Visibility Controls

The Services may allow you to limit your visibility to other users (sometimes referred to in the

application as “Ghost” mode) so that your check-in status or proximity is not shown to other users.

Enabling such a setting affects only your visibility to other users within the Services; it does not

affect whether you appear on a Participating Venue’s own camera feed if you are physically present

at that venue.

8. User Conduct

You agree not to use the Services to:

a. Harass, threaten, stalk, or endanger any other user or any Participating Venue’s patrons or

staff;

b. Attempt to identify, track, or record the real-time location of another user beyond the

Services’ intended social features;

c. Circumvent, disable, or interfere with the age-verification, camera, or Wallet features of

the Services;

d. Use the Services for any unlawful purpose, including underage attempts to obtain alcohol;

e. Upload or transmit any content that is unlawful, defamatory, obscene, or that violates the

rights of any third party; or

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f. Use any automated means (bots, scrapers, etc.) to access the Services without our prior

written consent.

9. User Content and License

You retain ownership of content you submit to the Services (“User Content”). By submitting User

Content, you grant BarSeen a worldwide, non-exclusive, royalty-free, sublicensable, and

transferable license to host, store, use, display, reproduce, modify, and distribute that User Content

for the purpose of operating, promoting, and improving the Services. Content you designate as

public (“Public Content”) may be viewed by other users and, where applicable, the public, and you

grant the additional rights described in this Section for such Public Content, including the right for

BarSeen and its business partners to display it in connection with promoting the Services. You are

solely responsible for your User Content and represent that you have all rights necessary to grant

the licenses in this Section.

10. Intellectual Property Rights We Grant You

Subject to your compliance with these Terms, BarSeen grants you a limited, personal, non-

exclusive, non-transferable, revocable license to access and use the Services for their intended

purpose. All content, features, and functionality of the Services (excluding User Content and

Participating Venue camera feeds) are owned by BarSeen or its licensors and are protected by U.S.

and international intellectual property laws. You may not copy, modify, distribute, sell, or lease

any part of the Services, nor reverse-engineer or attempt to extract the source code of the Services,

except as permitted by law.

11. Participating Venues and Third-Party Content

Participating Venues are independent businesses and are not agents, employees, franchisees, or

joint venturers of BarSeen. BarSeen does not guarantee the accuracy of any Participating Venue’s

camera feed, crowd data, drink specials, live music listings, or hours of operation, all of which are

provided by or on behalf of the Participating Venue and may change without notice. Your

interactions with Participating Venues, including any purchase or redemption of goods or services,

are solely between you and that venue.

12. YouTube API Services

If the Services incorporate YouTube API Services (for example, to display live-music or event

video content), your use of that portion of the Services is additionally subject to the YouTube Terms

of Service (available at https://www.youtube.com/t/terms) and Google’s Privacy Policy (available

at https://policies.google.com/privacy). Additional detail regarding data handled through YouTube

API Services, and how to revoke BarSeen’s access to your Google account data, is provided in our

Privacy Policy.

13. Third-Party Payment and Ride Services

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The Services may display or link to third-party services, such as ride-share providers, for your

convenience (for example, to help you get to or from a Participating Venue). BarSeen is not

responsible for the acts, omissions, or terms of service of any third-party service, and your use of

any such service is governed solely by that third party’s own terms and policies.

14. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CAMERA FEEDS, CROWD DATA, DRINK SPECIALS,

AND WALLET FEATURES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT. BARSEEN DOES NOT WARRANT THAT ANY PARTICIPATING

VENUE’S CAMERA FEED WILL BE CONTINUOUSLY AVAILABLE, ACCURATE, OR

UNINTERRUPTED, OR THAT ANY DRINK SPECIAL, CROWD LEVEL, OR LIVE MUSIC

LISTING DISPLAYED IN THE SERVICES IS CURRENT OR ACCURATE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARSEEN AND ITS OFFICERS,

DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS

OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE SERVICES,

INCLUDING (WITHOUT LIMITATION) ANY DAMAGES ARISING FROM A

PARTICIPATING VENUE’S ALCOHOL SERVICE, CAMERA FEED, OR REDEMPTION OF

A DRINK CREDIT. BARSEEN’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF

OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE

GREATER OF (A) THE AMOUNT YOU PAID TO BARSEEN IN THE TWELVE (12)

MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

16. Indemnification

You agree to indemnify, defend, and hold harmless BarSeen and its officers, directors, employees,

and agents from and against any claims, liabilities, damages, losses, and expenses, including

reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the

Services, your User Content, your violation of these Terms, or your violation of any applicable

law, including any alcoholic beverage or age-verification law.

17. Termination

We may suspend or terminate your access to the Services at any time, with or without notice,

including for violation of these Terms. You may terminate your account at any time by contacting

us. Sections of these Terms that by their nature should survive termination (including, without

limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability) will

survive.

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18. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services will be governed by

the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties agree

that the exclusive venue for any dispute arising out of or relating to these Terms or the Services

will be the state courts located in Dallas County, Texas, or the United States District Court for the

Northern District of Texas, Dallas Division, and each party consents to the personal jurisdiction of

such courts and waives any objection to venue therein.

19. Attorneys’ Fees

In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled

to recover its reasonable attorneys’ fees and costs, including fees and costs incurred on appeal, in

addition to any other relief to which it may be entitled.

20. Notices

Any notice required or permitted under these Terms must be in writing and delivered by certified

mail (return receipt requested) or nationally recognized overnight courier to the address below,

with a courtesy copy by email acknowledged by the recipient. Notices to BarSeen should be sent

to:

BarSeen, Inc. Attn: Legal Department ________________________ Email: legal@barseen.com

21. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will update the

“Last Updated” date above and, where required by law, provide additional notice. Your continued

use of the Services after any change takes effect constitutes your acceptance of the revised Terms.

22. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full

force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement

between you and BarSeen regarding the Services and supersede any prior agreements. You may

not assign these Terms without our prior written consent; we may assign these Terms without

restriction, including in connection with a merger, acquisition, or sale of assets. Our failure to

enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Neither party will be liable for any failure to perform due to causes beyond its reasonable control.

23. Contact Us

If you have questions about these Terms, please contact us at legal@barseen.com.