Terms of Service

Last updated: April 3, 2026

Effective date: April 3, 2026

These Terms of Service ("Terms") are a legally binding agreement between you and AppyKava LLC, doing business as HappyKava ("HappyKava," "we," "us," or "our"), and govern your access to and use of HappyKava's websites, mobile applications, owner and staff portals, widgets, announcements tools, messaging features, paid plans, Passport products, loyalty and promotion tools, sponsor surfaces, and related services (collectively, the "Services"). HappyKava operates on the happykava.app domain, and the owner portal is available at https://happykava.app/manage.

By accessing or using the Services, creating an account, purchasing any paid product, using any owner, staff, or business feature, or otherwise interacting with the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Related Terms and Priority

Your use of the Services may also be governed by:

• our Privacy Policy;
• any Passport-specific, promotion-specific, campaign-specific, sponsor-specific, or checkout-specific terms presented to you at the time of purchase or use;
• any insertion order, order form, statement of work, or business agreement between HappyKava and a bar, brand, sponsor, advertiser, or partner; and
• any feature-specific rules, guidelines, or disclosures shown in-product.

If these Terms conflict with feature-specific written terms or checkout terms that expressly apply to a product, purchase, or program, the more specific terms control for that product, purchase, or program.

2. Eligibility

You may use the Services only if:

• you are legally capable of entering into a binding agreement;
• you are not prohibited from using the Services under applicable law; and
• where a feature, venue, or product is age-restricted, you meet the minimum legal age required for that feature, venue, or product.

If you use the Services on behalf of a business, bar, or organization, you represent and warrant that you have authority to bind that entity to these Terms.

3. The Services

HappyKava is a platform for discovering kava bars and related venues, viewing deals and events, checking in, redeeming benefits, using Passport and similar programs, participating in messaging and community features, using owner and staff tools, running announcements and outreach, managing bar profiles and campaigns, and purchasing or using paid features.

The Services may include, without limitation:

• consumer discovery surfaces;
• check-in, validation, pass, and redemption flows;
• Passport and other benefits or entitlement products;
• owner, manager, kavatender, and admin tools;
• announcements, campaign, and communication tools;
• direct messaging and other inbox features;
• bar billing, plans, subscriptions, entitlements, and upgrades;
• advertising, affiliate, sponsor, and partner placements; and
• pilot, beta, feature-flagged, market-limited, or invite-only features.

Features may be added, modified, suspended, restricted, rolled back, or removed at any time. A feature's availability may depend on market, bar, role, account status, device compatibility, app version, payment status, feature flags, or other operational conditions. HappyKava does not guarantee that any specific feature will be available to every user, bar, or market at all times.

4. Accounts, Credentials, and Security

You are responsible for:

• maintaining accurate and current account information;
• safeguarding your login credentials and devices;
• all activity under your account; and
• promptly notifying us of suspected unauthorized use or compromise.

You may not:

• create an account using false or misleading information;
• access another person's account without permission;
• share your account except where expressly permitted for business workflows;
• bypass account, security, or feature restrictions; or
• transfer or sell your account or access credentials without our written consent.

We may require identity, ownership, staff-role, or account-verification checks before enabling or maintaining access to certain features.

5. Device Permissions and Local Authentication

Certain features may require device permissions or device-level capabilities, including location services, camera access, notifications, local storage, secure storage, or optional local authentication such as biometric quick login.

If you enable device-based quick login or similar local authentication features, you are responsible for the security settings of your device, the identities enrolled on that device, and access to the device itself. We may disable, suspend, or require re-enrollment of device-based login shortcuts if we detect security concerns, account changes, inconsistency, corruption, or feature deactivation.

6. Check-Ins, Location, Validation, and Anti-Fraud Controls

Some Services depend on real-time or recent location, device state, on-site presence, timing windows, and live validation states.

By using check-in, redemption, Passport, or validation features, you agree that:

• certain features may require precise geolocation or bar-proximity confirmation;
• disabling location or related permissions may prevent features from working;
• eligibility may depend on live on-site presence, geofence rules, time windows, prior usage, or device-linked anti-fraud signals;
• staff may view limited verification information on your device in order to validate an offer or redemption; and
• we may block, reverse, invalidate, or investigate check-ins, passes, redemptions, or validations that appear fraudulent, manipulated, duplicated, or abusive.

You may not:

• spoof location, device status, or eligibility;
• attempt to bypass geofence, check-in, or validation controls;
• use screenshots, recordings, copied codes, forged QR states, or altered screens as proof of live eligibility or redemption;
• submit or present stale, expired, or manipulated validation states; or
• attempt multiple or duplicate redemptions in violation of a feature's rules.

7. Deals, Events, Programs, and Eligibility

Deals, events, passes, and promotions shown in the Services are informational and operational surfaces only. Availability, price, eligibility, inventory, participation, and fulfillment are subject to real-world conditions and may change.

HappyKava may support programs such as Always Happy Hour, First Cup, Fill First Seats, Bula Hour, Passport, and other current or future rules-based offerings. These features may depend on caps, limits, usage history, check-in state, time windows, validation method, plan entitlement, market rollout, or bar participation status.

Display of a deal, event, program, or badge in the Services does not guarantee that:

• it will still be available when you attempt to use it;
• you will be eligible when you attempt to use it;
• a bar is open, staffed, stocked, or still participating; or
• a reward, benefit, or redemption can be honored at that moment.

Bars and partners remain responsible for their own operations, house rules, inventory, service decisions, and venue conduct.

8. HappyKava Passport and Similar Entitlement Products

If HappyKava offers Passport or similar multi-location entitlement products, those products are subject to these Terms and any feature-specific or checkout-specific terms presented at purchase or use.

Unless expressly stated otherwise in the applicable Passport terms:

• Passport is tied to the purchaser's account and is non-transferable;
• Passport benefits are limited to participating locations and eligible users;
• each participating location may define what is included, excluded, substituted, limited, paused, or subject to blackout or allowed windows;
• redemption may require in-person presence, live validation, and compliance with staff instructions;
• a participating bar or location may pause, restrict, or change its Passport settings or participation over time;
• one Passport redemption per location per applicable Passport cycle is the baseline rule unless expressly stated otherwise; and
• misuse, fraud, chargebacks, policy violations, or attempts to bypass validation may result in suspension, revocation, investigation, or loss of access.

HappyKava does not guarantee a minimum number of participating bars, a fixed set of future participating bars, uninterrupted participation by any bar, or uninterrupted redemption availability at any given bar.

9. Messaging, Inbox Features, and Communications Tools

The Services may include direct messaging, user-to-bar messaging, staff inboxes, autoresponders, support messaging, group or thread-based communications, or similar communication features.

If messaging is enabled for you, you agree that:

• messaging may be feature-flagged, role-limited, bar-limited, or market-limited;
• we may log, review, retain, moderate, and investigate communications or reports as needed for safety, abuse prevention, legal compliance, operations, product improvement, and dispute handling;
• communications may be delayed, filtered, blocked, or not delivered;
• messaging is not an emergency communication channel; and
• we may suspend or restrict messaging privileges for abuse, spam, policy violations, or operational reasons.

You may not use messaging to harass, stalk, threaten, impersonate, spam, scam, solicit unlawfully, distribute malware, or violate any law or third-party right.

10. Announcements, Campaigns, and Outreach Tools

If you use HappyKava announcement, campaign, outreach, scheduling, attribution, or audience tools as a bar, owner, staff member, sponsor, advertiser, or partner, you are solely responsible for:

• the legality, accuracy, and appropriateness of the content you send or publish;
• obtaining all permissions, consents, and rights required to contact recipients or target audiences;
• complying with laws governing email, SMS, push, marketing, promotions, privacy, data use, and audience targeting;
• honoring opt-outs, unsubscribes, suppression requirements, and similar restrictions; and
• ensuring that communications are not deceptive, misleading, discriminatory, abusive, or unlawful.

HappyKava may impose sending limits, approval workflows, role restrictions, template restrictions, content reviews, or feature gates, and may suspend or disable campaign capabilities at any time.

11. Bar Accounts, Owner/Manager/Staff Use, and Business Responsibilities

If you use the Services on behalf of a bar or venue, you represent and warrant that:

• you have authority to manage that location or act for it in the Services;
• all venue information you provide is accurate and lawful;
• all deals, events, claims, participation settings, announcements, and public content are accurate to the best of your knowledge;
• your staff access, role assignments, and permissions are properly managed and promptly updated; and
• you will use staff tools only for legitimate business operations.

Bars and business users are responsible for training staff, configuring settings correctly, honoring valid offers as configured, and not instructing staff to override blocked states in a way that violates program rules or anti-fraud controls.

Bars also remain responsible for their own pricing, inventory, staffing, venue conduct, health and safety practices, legal compliance, and customer service.

12. Bar Plans, Paid Tiers, Subscriptions, and Entitlements

HappyKava may offer free and paid plans and may assign different entitlements, caps, feature access, rollout rights, and support levels to different plans or subscription states.

Plan names, pricing, features, caps, and eligibility may change prospectively. Some features may also require rollout enablement or market support even if they are generally included in a plan's entitlement profile.

Unless otherwise stated in a separate order form or checkout flow:

• subscriptions automatically renew until canceled;
• charges, taxes, and fees may recur on the cadence selected at purchase;
• upgrades, downgrades, interval switches, proration, end-of-period changes, and grace or lock states may be handled as described at checkout or in the Portal;
• a bar's access to paid features may be limited, suspended, or downgraded for failed payments, incomplete checkout, grace, past-due, cancellation, chargeback, fraud review, or similar billing states; and
• HappyKava may condition access to certain paid capabilities on confirmed payment status.

13. Payments, Checkout, Credits, Promotion Codes, and Taxes

Payments may be processed by third-party processors, checkout providers, app stores, or similar services. We may receive transaction, status, and entitlement metadata, but we do not need to store full payment card numbers in order to provide the Services.

If you purchase a paid feature, plan, or product, you agree that:

• you will provide valid payment information and keep it current;
• you authorize the applicable charges and any applicable taxes or fees;
• promotion codes, discounts, credits, referrals, or offers may be revoked or adjusted if used improperly, fraudulently, or contrary to their terms;
• we may refuse, cancel, limit, or reverse a transaction where reasonably necessary for fraud prevention, legal compliance, pricing error correction, chargeback handling, or operational reasons; and
• your use of third-party payment services may also be governed by their own terms.

14. Refunds, Cancellations, and Chargebacks

14.1 Consumer purchases and Passport

Unless required by law, expressly stated at checkout, or separately promised by HappyKava in writing:

• one-time digital purchases, Passport purchases, preorder purchases, and similar entitlement grants are non-refundable once granted, activated, accessed, or materially used;
• a bar's refusal to accept screenshots, stale screens, invalid validations, wrong-location attempts, paused participation, blackout windows, or properly blocked redemptions does not by itself create a refund obligation; and
• participation, inventory, or venue availability may change over time.

14.2 Bar plans and subscriptions

Unless required by law or expressly stated otherwise:

• subscription fees are non-refundable for billing periods already charged;
• cancellation stops future renewal but does not automatically entitle you to a refund for the current period;
• partial-period or prorated refunds are not guaranteed; and
• where the Portal or checkout flow states that an upgrade or interval switch is prorated or effective immediately, that specific transaction flow controls.

14.3 Chargebacks and payment disputes

If you initiate a chargeback, reversal, or payment dispute, HappyKava may suspend, revoke, or restrict related entitlements, Passport access, bar access, paid features, or account functionality while the matter is under review, to the extent permitted by law.

15. Sponsors, Advertising, Affiliate, and Partner Content

The Services may include sponsored placements, partner rewards, advertiser content, affiliate links, promoted surfaces, and similar commercial content.

You acknowledge and agree that:

• sponsored or partner content may appear alongside organic content;
• HappyKava may receive compensation in connection with ads, sponsorships, affiliate links, referrals, or partner promotions;
• sponsored content may be targeted by geography, intent, bar, feature use, check-in state, or other contextual signals; and
• HappyKava may label, disclose, rotate, suppress, or remove commercial content at its discretion.

If you submit or purchase sponsor or advertiser materials, you represent and warrant that you have all rights necessary to use those materials, and that the materials comply with law, our specifications, and any applicable insertion order, order form, or campaign agreement.

HappyKava does not guarantee campaign performance, impressions, clicks, conversions, venue outcomes, or sponsor results unless expressly agreed in a separate written agreement.

16. User Content, Venue Content, and Feedback

You may submit content to the Services, including messages, photos, videos, reviews, vibe updates, suggestions, descriptions, announcements, templates, campaign content, event details, sponsor assets, links, logos, menus, and similar materials ("Content").

You retain ownership of your Content, but you grant HappyKava a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, adapt, format, distribute, display, perform, analyze, moderate, and otherwise use the Content as needed to operate, improve, secure, market, and provide the Services.

You represent and warrant that:

• you own or control all rights necessary to submit the Content;
• the Content is not unlawful, infringing, defamatory, deceptive, abusive, obscene, or malicious;
• the Content does not violate privacy, publicity, intellectual property, or other rights; and
• the Content is reasonably accurate for its intended use.

We may remove, refuse, restrict, or moderate Content at any time.

Any feedback, suggestions, or ideas you submit may be used by HappyKava without restriction or compensation.

17. Prohibited Conduct

You may not, and may not assist others to:

• violate any law, regulation, or third-party right;
• interfere with or disrupt the Services or their security;
• scrape, harvest, copy, extract, reverse engineer, or exploit the Services except as permitted by law;
• manipulate rankings, reviews, votes, vibes, check-ins, analytics, campaign metrics, or redemptions;
• impersonate a user, bar, owner, manager, staff member, sponsor, or HappyKava representative;
• use the Services for fraud, spam, phishing, harassment, hate, discrimination, or malware;
• misrepresent your identity, role, authority, or affiliation;
• attempt unauthorized access to data, accounts, APIs, or admin surfaces; or
• use the Services in a way that harms HappyKava, our users, bars, partners, or platform integrity.

18. Third-Party Services and Venue Relationships

HappyKava may rely on third-party providers for hosting, payments, mapping, analytics, notifications, storage, communications, biometrics, app distribution, and similar infrastructure.

Bars, venues, sponsors, and partners are independent businesses and are not employees, agents, or controlled affiliates of HappyKava unless we explicitly state otherwise in writing.

HappyKava is not responsible for:

• a bar's or venue's conduct, safety, staffing, inventory, policies, pricing, or customer treatment;
• third-party payment processors, app stores, carriers, networks, or mapping providers;
• external websites, destinations, delivery services, sponsor offers, or linked services; or
• losses arising from dealings between you and a bar, partner, sponsor, or other third party.

19. Health, Product, and Venue Disclaimers

HappyKava is a platform, not a venue operator, product manufacturer, food preparer, pharmacist, physician, or healthcare provider.

Any information about beverages, botanicals, kava, tea, ingredients, effects, promotions, or venue offerings is for general informational purposes only and is not medical, health, or legal advice.

You are solely responsible for your decisions regarding venue attendance, consumption, allergies, sensitivities, interactions, medications, transportation, and personal safety.

20. Intellectual Property

The Services, including their software, architecture, design, text, graphics, branding, names, layouts, audiovisual materials, and underlying technology, are owned by HappyKava or our licensors and are protected by intellectual property and other laws.

Except for the limited right to use the Services under these Terms, no license or right is granted to you.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or otherwise exploit any part of the Services except as expressly permitted.

21. Suspension and Termination

You may stop using the Services at any time.

We may suspend, disable, restrict, or terminate access to the Services, your account, a business account, a subscription, a Passport entitlement, a plan entitlement, messaging privileges, campaign privileges, or any feature at any time if:

• you violate these Terms or other applicable policies;
• we suspect fraud, abuse, unlawful conduct, or security risk;
• payment is overdue, invalid, reversed, incomplete, disputed, or canceled;
• we are required to do so by law or legal process;
• a feature is being retired, rolled back, or restricted; or
• we reasonably determine that continued access poses risk to users, bars, partners, or the Services.

Suspension or termination does not limit any other rights or remedies available to HappyKava.

22. Disclaimers of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR ERROR-FREE.

Without limiting the foregoing, HappyKava does not warrant that:

• any bar, sponsor, or partner information is complete, current, or accurate at all times;
• any feature, message, check-in, validation, payment flow, or campaign tool will work at all times;
• any deal, event, Passport redemption, sponsor reward, or bar participation state will remain available;
• any specific results, revenues, conversions, foot traffic, or campaign performance will occur; or
• any third-party service will remain available or compatible.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPYKAVA AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPYKAVA'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO HAPPYKAVA FOR THE RELEVANT PAID SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

24. Indemnification

You agree to defend, indemnify, and hold harmless HappyKava and its affiliates, owners, officers, directors, employees, contractors, licensors, service providers, and agents from and against any claims, actions, demands, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use or misuse of the Services;
• your Content;
• your violation of these Terms;
• your violation of law or third-party rights; or
• if you use the Services on behalf of a bar, sponsor, advertiser, or business, that business's acts, omissions, communications, content, promotions, or operations.

25. Governing Law, Venue, and Dispute Process

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Before filing a formal claim, you and HappyKava agree to attempt informal resolution by providing written notice of the dispute and allowing thirty (30) days to attempt resolution.

If a dispute is not resolved informally, any action arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Travis County, Texas, unless applicable law requires otherwise. You and HappyKava consent to personal jurisdiction and venue in those courts.

Nothing in these Terms prevents either party from seeking injunctive or equitable relief to protect intellectual property, confidential information, platform security, or other rights where monetary damages would be inadequate.

26. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we may provide notice through the Services, by email, or by other reasonable means. Updated Terms become effective when posted unless a later effective date is stated.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

27. General Terms

These Terms constitute the entire agreement between you and HappyKava regarding the Services, except for any separate written agreement that expressly applies.

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.

Our failure to enforce any provision is not a waiver.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of assets.

HappyKava is not liable for delay or failure caused by events beyond its reasonable control, including outages, infrastructure failures, payment-processor failures, carrier issues, natural disasters, labor disputes, civil unrest, government actions, or force majeure events.

28. Contact Information

HappyKava

AppyKava LLC

3902 S Congress Ave, PO BOX 40476

Austin, TX 78704

support@happykava.app