3Specials Terms of Service

1. Parties and Scope

These Terms of Service (“Terms”) govern your access to and use of the 3Specials website, mobile applications, progressive web apps, messaging channels, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms form a binding agreement between you and 3Specials LLC (“3Specials,” “we,” “our,” or “us”), a Texas limited‑liability company based in Haslet, Texas, United States.

These Terms apply to both consumers and business users. Business users include food and beverage merchants such as restaurants, cafés, bakeries, dessert shops, ice cream stores, bars, food trucks, coffee shops, and similar businesses that create, manage, or claim listings or publish offers through the Service. If you are a merchant, your use of merchant features and your acceptance of the Business Services Agreement constitute your binding agreement to these Terms.

2. Description of the Service

3Specials is a technology platform that helps consumers discover nearby food and beverage businesses and time‑sensitive specials, events, offers, menus, and related promotions on an interactive map or similar interface.

3Specials operates as an interactive computer service that enables merchants to publish their own content. Merchant‑submitted listings, descriptions, photos, prices, offers, and promotional content are third‑party content created and controlled by the respective merchants. Our content moderation activities — including automated filtering, review, and AI‑assisted formatting — are undertaken in good faith to maintain platform quality and safety, and do not make 3Specials the publisher or speaker of merchant content.

3Specials may request information or documentation from business users to verify a business claim, listing correction, removal request, or business authority. Verification is discretionary and is intended to help reduce fraud and impersonation on the platform.

3Specials does not prepare, sell, deliver, inspect, certify, or control food, beverages, or merchant operations. 3Specials does not process consumer payments for food or beverage purchases, does not arrange delivery, and does not sit between the consumer and the merchant for any food or beverage transaction. Unless expressly stated otherwise, 3Specials is not the seller, fulfiller, or merchant of record for goods or services offered by a business through the Service.

For details on how we use AI and automated processing tools, including document verification and content formatting, see Section 10 of our Privacy Policy.

Nothing in these Terms should be construed as a guarantee of the accuracy, legality, safety, or quality of any merchant‑submitted content, listing, offer, or business information displayed through the Service.

3. Public Listings and Unclaimed Business Profiles

Some business listings may be created from publicly available, licensed, or user‑supplied business information, such as business names, addresses, categories, and map locations. These listings may appear before a business has claimed its profile.

An unclaimed or public listing is provided for informational purposes only. It does not mean the business is affiliated with, endorsed by, or a subscriber of 3Specials.

We may offer tools that allow a business owner or authorized representative to claim, correct, or request review or removal of a listing. We may request additional information or documentation to verify authority before acting on a claim, correction, or removal request.

Listing Disputes and Corrections. If you are a business owner and believe a listing on 3Specials contains inaccurate information, or you wish to request removal of an unclaimed listing, you may submit a correction or removal request by emailing support@3specials.com with the subject line “Listing Correction” or “Listing Removal.” Include: (a) the business name and address, (b) proof of ownership or authorization (such as a business license or utility bill), and (c) the specific correction requested or reason for removal. We will review requests within 10 business days. If we determine removal is warranted, we will remove or suppress the listing within 5 business days of that determination.

We may add, remove, suppress, correct, or refuse to display any listing or profile at any time in our discretion, including where we believe the information is inaccurate, misleading, infringing, unlawful, or operationally unsupported.

4. Eligibility and Accounts

You must be at least 13 years old to use the Service. If you are under 18, you may use the Service only with the permission of a parent or legal guardian and only to the extent permitted by applicable law.

Consumers may browse the Service without creating an account. Certain features may require you to provide a phone number, email address, or other information.

Merchant accounts are created by food and beverage business users who register, claim a listing, or manage a business profile through the Service. If you create or manage a merchant account, you represent that you are authorized to act on behalf of the business and that all information you provide is current, complete, and accurate.

If you upload verification documents or submit a business claim, you represent that: (a) you are authorized to act on behalf of the business or are otherwise permitted to submit the documents; (b) the documents and information are accurate, current, authentic, and not misleading; and (c) you have any rights, permissions, or notices needed to submit the materials to us.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly if you suspect unauthorized access or misuse.

5. Merchant Content and the Business Services Agreement

If you are a merchant, your content standards, verification requirements, operational obligations, compliance responsibilities, and related terms are governed by the Business Services Agreement, which supplements these Terms. In the event of a conflict between these Terms and the Business Services Agreement on a merchant‑specific obligation, the Business Services Agreement controls.

All users — including merchants — are subject to the general rules in these Terms, including prohibited conduct (Section 8), intellectual property (Section 10), dispute resolution (Section 14), and limitation of liability (Section 13).

6. Subscriptions, Billing, and Auto‑Renewal

Some business features may require a paid subscription. Pricing, billing intervals, included features, and cancellation terms will be presented to you clearly at or before checkout.

Authorization.If you enroll in a paid plan, you authorize us and our payment processors to charge your selected payment method for the disclosed recurring fees, applicable taxes, and any other properly disclosed charges until you cancel. Unless otherwise stated, subscriptions renew automatically at the end of each billing period at the then‑current price for your plan.

Pre‑purchase disclosure. Before you are charged, we will disclose: (a) the subscription price, (b) the billing frequency, (c) the date or approximate date of your first charge, and (d) that the subscription will renew automatically unless you cancel.

Confirmation. Following your enrollment in a paid subscription, we will send you a confirmation summarizing your subscription terms, including the amount, billing frequency, and how to cancel.

Cancellation.You may cancel your subscription at any time through the subscription management portal accessible from your account billing page. Cancellations take effect at the end of the current paid billing period. You will retain access to paid features through the end of that period. Unless required by law or expressly stated otherwise, previously paid fees are non‑refundable.

Renewal reminders. We intend to provide renewal reminders before each billing cycle. The timing and method of renewal reminders may vary.

Price changes.We may change pricing or plan terms by giving you at least 30 days’ advance notice before the change takes effect. Continued use of the paid Service after the effective date of a pricing change constitutes acceptance of the updated pricing. If you do not agree to the new pricing, you may cancel before the change takes effect.

No hidden fees. 3Specials will not add undisclosed fees or surcharges beyond the subscription price presented at checkout.

7. Communications

Transactional communications. You agree that 3Specials may send transactional or service‑related communications needed to operate your account or requested features, including login codes, verification messages, fraud‑prevention alerts, claim or redemption updates, account notices, billing notices, and support communications.

Marketing communications. Marketing or promotional communications by SMS, email, or push notification are optional where required by law. Where required, we will obtain the consent needed for those messages. Your decision about marketing messages does not affect your ability to receive necessary transactional or security messages.

SMS. Standard message and data rates may apply. Message frequency may vary. You may opt out of marketing texts by replying STOP. You may request help by replying HELP where that keyword is supported, or by contacting support@3specials.com. Carrier delays and delivery failures are outside our control. For complete SMS/text messaging program terms, see our SMS/Text Messaging Terms.

Email.Where applicable, commercial emails will identify 3Specials as the sender, include our physical mailing address, and provide a working unsubscribe mechanism. We will honor email opt‑out requests within 10 business days.

Push notifications. If you enable push notifications, you consent to receive notifications through your device consistent with your settings and applicable law. You may disable push notifications through your device or application settings.

8. Prohibited Conduct

You agree not to:

• use the Service for unlawful, fraudulent, deceptive, or abusive purposes;
• post false, unsafe, infringing, or misleading content;
• impersonate a person, merchant, or authorized representative;
• scrape, copy, harvest, or use automated means to access the Service except as expressly authorized by us;
• interfere with security features, rate limits, moderation systems, or abuse protections;
• circumvent location, redemption, verification, or account controls;
• use another person’s phone number, email address, listing, or credentials without authorization;
• submit false claims, false reports, fraudulent removal requests, forged or deceptive verification documents, or unauthorized business‑authority submissions; or
• use the Service to promote or facilitate any of the following: illegal goods or services, firearms or weapons, controlled substances (except lawfully served alcohol by a licensed merchant), adult or sexually explicit content, gambling or wagering (except where lawful and properly licensed), counterfeit goods, content promoting violence or terrorism, discriminatory content, or multi‑level marketing or pyramid schemes.

9. Third‑Party Services and Directions

The Service may integrate with or link to third‑party providers, including map providers, navigation services, app stores, payment processors, hosting providers, and messaging platforms. Your use of those third‑party services may also be governed by their terms and privacy notices.

Directions, maps, addresses, business hours, and external navigation links may be incomplete, delayed, or inaccurate. You are responsible for independently confirming destination, hours, route safety, and accessibility.

10. Intellectual Property

The Service, including our software, design, trademarks, logos, text, graphics, and compiled platform content, is owned by 3Specials or its licensors and is protected by intellectual property and other laws. Except as expressly permitted, you may not copy, reproduce, reverse engineer, distribute, modify, create derivative works from, or exploit the Service or its content without our prior written permission.

If you provide feedback, suggestions, or ideas, you grant us the right to use them without restriction or compensation.

11. Copyright Complaints (DMCA)

3Specials respects intellectual property rights. If you believe that content on the Service infringes your copyright, you may submit a takedown notice in accordance with the Digital Millennium Copyright Act (DMCA) to our designated agent:

Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement that you have a good‑faith belief the use is not authorized; (e) a statement, 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; and (f) your physical or electronic signature.

If your content is removed in response to a DMCA notice, you may submit a counter‑notice as described in our DMCA Policy. We will process counter‑notices in accordance with applicable law.

3Specials may, in appropriate circumstances, disable or terminate accounts of users who are repeat infringers.

Our designated agent registration with the U.S. Copyright Office has been submitted and is pending public directory listing. For full details on our copyright complaint and counter‑notice process, see our DMCA Policy.

12. Trademark and Publicity Complaints

If you believe content on 3Specials infringes your trademark or right of publicity, contact legal@3specials.com with: (a) identification of the mark or right at issue; (b) the allegedly infringing content and its location on the Service; (c) your contact information; and (d) a statement of good‑faith belief that the use is not authorized. We will review complaints and may remove or restrict content in our discretion.

13. Consumer Acknowledgments and Disclaimers

Offer terms.Offer terms, availability, prices, ingredients, allergens, portions, business hours, and redemption conditions are determined by the business, not by 3Specials. Consumers should verify important details directly with the business before relying on an offer, especially for allergies, dietary restrictions, food safety concerns, age‑restricted items, and limited‑quantity offers.

No guarantee. 3Specials does not guarantee that any listing, offer, event, promotion, or redemption opportunity will be available, honored, or suitable for your needs.

Promotional offers. Specials, offers, and promotions displayed on the Service are promotional in nature and have no independent cash value. They are not prepaid gift certificates, stored‑value cards, or similar instruments.

Food safety and allergens. 3Specials does not prepare, handle, store, or inspect food or beverages. 3Specials is not responsible for any personal injury, illness, allergic reaction, or adverse health event arising from the consumption of food or beverages offered by a merchant, whether or not the offer was discovered through the Service. All food safety, preparation, labeling, and allergen‑disclosure obligations are the sole responsibility of the merchant.

Alcohol.3Specials does not sell, serve, or deliver alcoholic beverages. All alcohol‑related offers displayed on the Service are created by licensed merchants and are subject to the merchant’s compliance with applicable laws. 3Specials is not liable for any harm, injury, or damage arising from the consumption of alcoholic beverages purchased from a merchant, including claims based on dram shop, over‑service, or similar theories of liability.

Disclaimer of warranties. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3SPECIALS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR ERROR‑FREE OPERATION.

Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3SPECIALS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 3SPECIALS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO 3SPECIALS FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14. Dispute Resolution and Arbitration

Informal resolution. Before filing a formal claim, you and 3Specials agree to try to resolve the dispute informally. The party raising the dispute must send a written description of the claim, the relief sought, and contact information to the other party. For disputes you raise, send notice to legal@3specials.com or by certified mail to 3Specials LLC, Haslet, Texas 76052. For disputes we raise, we will send notice to the email or address associated with your account. If the dispute is not resolved within 60 days after notice, either party may proceed as described below.

Binding individual arbitration. Except where prohibited by applicable law, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for consumer claims) or Commercial Arbitration Rules (for business claims), as applicable. Arbitration will take place in Tarrant County, Texas, unless the parties agree otherwise, the applicable AAA rules provide for a different location, or the law requires a different venue.

Class action and jury waiver. You and 3Specials each waive any right to a jury trial and any right to participate in a class action, collective action, consolidated action, or representative action. Claims must be brought only on an individual basis.

Small claims and injunctive relief. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in court for misuse of intellectual property, confidential information, or unauthorized access to the Service. Nothing in this arbitration agreement prevents either party from seeking public injunctive relief in any court of competent jurisdiction, to the extent such relief is available and non‑waivable under applicable law.

Consumer fee‑shifting. For individual consumer claims seeking US $10,000 or less, 3Specials will pay all AAA filing, administration, and arbitrator fees beyond what you would pay to file a claim in court. If the arbitrator finds that your claim was frivolous or brought for an improper purpose, fees will be allocated as the AAA rules provide.

Mass arbitration.If 25 or more claimants represented by the same or coordinated counsel file substantially similar arbitration demands against 3Specials within a 90‑day period, the parties agree to a bellwether process: the AAA will randomly select up to 10 claims for initial arbitration. The remaining claims will be stayed pending resolution of the bellwether cases. Following the bellwether decisions, the parties will attempt to resolve the remaining claims through mediation. If mediation fails, the remaining claims will proceed in batches of no more than 10 at a time.

30‑day opt‑out. You may opt out of this arbitration agreement by sending written notice to legal@3specials.com within 30 days of first accepting these Terms. Your notice must include your name, the email address or phone number associated with your account, and a clear statement that you opt out of the arbitration provision. If you opt out, you and 3Specials retain all rights to bring claims in court.

Enforceability.If applicable law in your jurisdiction does not allow mandatory arbitration or class‑action waivers for a particular claim, this section will apply only to the maximum extent permitted by law. If any part of this section is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and may proceed in court, and the remainder of this section continues to apply.

Survival. This arbitration provision survives termination of these Terms and your use of the Service.

15. Moderation and Content Disputes

3Specials may review, hold, flag, edit, suppress, or remove any content at any time in its discretion, including content that appears to violate these Terms, applicable law, or platform policies.

If your content is removed or your listing is suspended, you may request review by contacting support@3specials.com within 14 days of the action. We will review the decision and respond within 30 days. Our decision on review is final.

Content moderation decisions are made in good faith to protect the platform, users, and businesses. Moderation does not create an obligation to monitor all content or an endorsement of any content that is not moderated.

16. Suspension and Termination

We may suspend, limit, disable, or terminate your access to all or part of the Service at any time if we believe you violated these Terms, posed a risk to users or businesses, submitted unlawful or deceptive content, submitted fraudulent, forged, or unauthorized verification documents, interfered with the Service, or created legal, operational, or reputational risk for 3Specials.

You may stop using the Service at any time. If you want a business account or consumer data deleted, follow the in‑product deletion flow where available or contact support@3specials.com. Some information may be retained as described in our Privacy Policy or as required by law.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless 3Specials, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your content, your use of the Service, your violation of these Terms, your violation of law, or your infringement of another party’s rights.

18. Accessibility

We are committed to making 3Specials accessible to all users. If you experience difficulty accessing any part of our Service, please contact us at accessibility@3specials.com. We welcome your feedback and will work to address accessibility barriers. See our Accessibility Statement for more information.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated version and revise the “Last updated” date.

If a change is material — meaning it significantly affects your rights, obligations, or use of the Service — we will provide at least 30 days’ advance notice before the change takes effect. Notice may be provided by email, in‑app notice, SMS, or other reasonable means.

If you do not agree to the updated Terms, you may stop using the Service or cancel your subscription before the effective date. Your continued use of the Service after the effective date of the updated Terms means you accept the revised Terms, to the extent permitted by law.

20. General Provisions

Governing law.These Terms and any related dispute are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict‑of‑law rules, except to the extent that consumer protection law in your state of residence requires a different result.

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

Entire agreement. These Terms, together with the Privacy Policy, the Business Services Agreement (for merchants), the SMS/Text Messaging Terms, and any other policies expressly incorporated by reference, constitute the entire agreement between you and 3Specials regarding the Service. They supersede all prior agreements and understandings regarding the same subject matter.

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, including in connection with a merger, acquisition, or sale of assets.

Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

Force majeure.3Specials is not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, telecommunications failures, power outages, labor disputes, or disruptions to third‑party services we rely on.

Survival. Sections that by their nature should survive termination will survive, including intellectual property, indemnification, limitation of liability, dispute resolution, and any accrued obligations.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

Export compliance. You agree not to use the Service in violation of any applicable U.S. export or trade restriction laws.

Notices. Formal legal notices to 3Specials must be sent by certified mail to: 3Specials LLC, Haslet, Texas 76052, United States, with an electronic copy to legal@3specials.com. Notices from 3Specials to you may be sent to the email address, phone number, or account associated with your use of the Service, or by posting on the Service.

21. Contact Information

Questions about these Terms may be sent to support@3specials.com.

For formal legal correspondence: legal@3specials.com.

3Specials LLC | Haslet, Texas 76052 | United States