QuickBite Terms of Service

1. The Service

QuickBite lets an organizer create a private voting session, invite a small group (typically 2–8 people), and collect votes on restaurant options. The Service facilitates coordination by sending transactional SMS notifications to recipients who have explicitly opted in. QuickBite is not a marketing platform, food delivery service, reservation service, or mass messaging tool.

QuickBite is provided for personal, non-commercial use only. Restaurant information comes from third-party sources (e.g., Google Places and Yelp) and may be incomplete or inaccurate. We do not guarantee availability, accuracy, or suitability of any restaurant information, nor do we place or manage reservations.

2. Who May Use the Service

You must be at least 13 years old to use QuickBite. By providing a phone number, you represent that you are the subscriber or customary user of that number and that you are of sufficient age in your jurisdiction to consent to receive SMS messages for the limited, transactional purposes described here. If you are under the age of majority, you may use the Service only with the consent of a parent or legal guardian.

3. Accounts and Organizers vs. Participants

• Organizers create accounts using a phone number (email and name are optional) and can create voting sessions and invite contacts they personally know.
• Participants may join a session via a unique link and can vote without creating a full account. Participants provide a phone number and consent to receive SMS notifications for sessions they join.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Provide accurate information and update it as needed.

4. Invitations, Consent, and SMS Program

No first message from QuickBite. Invitation links are shared initially by the organizer through their own messaging tools. QuickBite only sends SMS after a recipient has visited the invitation page and affirmatively opted in to receive SMS related to sessions they join.

We do not send marketing or promotional SMS. After you opt out, we will not send further SMS unless you later re-opt-in (e.g., by replying START/UNSTOP or opting in again on the site).

5. Acceptable Use

You agree not to misuse the Service. For example, you will not:

• Send unsolicited invitations to strangers or use the Service for spam or harassment;
• Use QuickBite for commercial promotion or mass messaging;
• Upload or share content that is unlawful, abusive, or infringing;
• Attempt to access others' sessions or data without permission;
• Interfere with or disrupt the Service (e.g., by scraping, automated scripts, or reverse engineering);
• Impersonate another person or misrepresent your affiliation.

We may investigate and take action (including suspension or termination) for violations.

6. User Content and Licenses

You retain ownership of content you submit (e.g., contact names you enter, votes you cast). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display that content solely to operate, secure, improve, and provide the Service and as otherwise permitted by our Privacy Policy.

You agree that we may use aggregated and de-identified information to analyze and improve the Service. You grant us a license to use any feedback or suggestions without restriction or compensation.

7. Third-Party Services and Data Sources

The Service integrates with third parties, including but not limited to:

• Twilio (SMS delivery);
• Google Places API (restaurant search/location);
• Yelp Fusion API (restaurant details, ratings, photos);
• Render (hosting and database);
• PostHog (optional analytics).

Your use of third-party content or services (including any links) is subject to those providers' terms and policies. We do not control and are not responsible for third-party services.

8. Privacy

Our Privacy Policy explains how we collect, use, and share information. It forms part of these Terms. Please read it carefully. By using the Service, you consent to our collection and use of information as described there.

9. Changes to the Service

We may add, modify, or remove features at any time. Where changes materially affect your rights or obligations, we will provide advance notice as described in Section 18.

10. Termination

You may stop using the Service at any time and may request account deletion from settings. We may suspend or terminate your access immediately for violations of these Terms, unlawful activity, or to protect the Service or users. We may also terminate with notice for other reasons.

Effect of termination. Your access to sessions and messaging will cease. We may retain certain records as required or permitted by law (e.g., consent logs). See the Privacy Policy for details on data deletion and retention timelines.

11. No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING 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, OR THAT RESTAURANT DATA IS ACCURATE OR CURRENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYLARK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF USD $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM (THE SERVICE IS CURRENTLY FREE). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME RIGHTS MAY NOT APPLY TO YOU.

13. Indemnification

You will indemnify and hold Skylark harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to your misuse of the Service, your violation of these Terms, or your infringement or violation of any third-party rights.

14. Intellectual Property

We own the Service, including the QuickBite name and logo, software, and other materials. Using the Service does not grant you any rights in our intellectual property, except for the limited rights necessary to use the Service as intended. You may not remove, obscure, or alter any notices or trademarks.

15. Export and Geographic Restrictions

The Service is operated from the United States and is intended primarily for U.S. users. You are responsible for compliance with local laws if you access the Service from other locations. We do not warrant that the Service is appropriate or available in any particular jurisdiction.

16. Dispute Resolution: Informal First

Before filing a claim, you agree to try to resolve the dispute informally by emailing hello@skylarkcreations.com with a description of the issue. If we cannot resolve it within 30 days, the dispute will be handled as described below.

17. Arbitration Agreement; Class Action Waiver

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration may be conducted in your home state or in Oregon, at your option, or remotely by video/phone where permitted. Each side pays its own attorneys' fees.

Class Action Waiver. YOU AND WE AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@skylarkcreations.com with your name, phone number, and a statement that you opt out.

This Section does not apply to claims that may be brought in small-claims court, claims seeking only injunctive relief for intellectual property misuse, or where prohibited by law.

18. Changes to These Terms

We may modify these Terms to reflect changes to the Service or the law. For material changes, we will provide at least 30 days' notice via email, SMS, or in-product notice. Continued use after changes become effective constitutes acceptance of the updated Terms.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Oregon and applicable U.S. federal law, without regard to conflict-of-laws rules. Subject to the arbitration provision, the exclusive venue for any actions will be the state or federal courts located in Multnomah County, Oregon, unless you choose arbitration in your home state as permitted above.

20. Miscellaneous

• Severability. If any provision is unenforceable, the remainder remains in effect.
• Assignment. You may not assign these Terms without our consent; we may assign them.
• No waiver. Our failure to enforce a provision is not a waiver.
• Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.

21. Contact