Terms and Conditions

Where You At – Terms and Conditions
Last Updated: September 4, 2025

Welcome to Where You At, a platform provided by WYA LLC (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our platform, including our mobile application and website (“Platform”), and any related services, content, or functionality offered through the Platform.

1. Acceptance of Terms
By accessing or using the Where You At platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, you should refrain from using the Platform.

2. Use of the Platform

  • Eligibility: The Platform is intended solely for users who are 21 years of age or older. By using the Platform, you represent and warrant that you meet this age requirement.
  • Account Registration: To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • User Responsibilities: Users agree not to misuse the Platform. This includes but is not limited to:
    • Attempting to access other users’ accounts without authorization;
    • Using the Platform for unlawful purposes;
    • Engaging in activities that could harm or interfere with the functioning of the Platform.
  • Prohibited Conduct: You agree not to use the Platform in a manner that:
    • Violates any applicable laws or regulations;
    • Infringes the rights of any third party, including intellectual property rights;
    • Is fraudulent, deceptive, or misleading;
    • Involves the transmission of unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation;
    • Seeks to interfere with, disrupt, or compromise the integrity, security, or functionality of the Platform;
    • Engages in any form of bullying, harassment, or the creation of inappropriate content, including but not limited to hate speech, threats, or offensive language;
    • Involves the creation of groups or content within the Platform that is discriminatory, harassing, or otherwise inappropriate.

3. Data Collection and Privacy

  • Data Collection: The Platform collects users’ location data and personal information to facilitate check-ins at bars, nightclubs, or lounges. Location tracking is strictly limited to the duration of the user’s presence at these venues and is not shared beyond this context.
  • Data Storage and Sharing: User data is securely stored within our administrative system and is shared exclusively with the bars, nightclubs, or lounges via their respective dashboards on our website. These establishments can access aggregated demographic information, such as age, gender, and ethnicity, to better understand their customer base. This demographic data may also be displayed to users on the Platform. We do not share any personal data with third parties outside of these establishments.
  • Data Retention: The Company retains user data for as long as necessary to fulfill the purposes outlined in these Terms, unless a longer retention period is required or permitted by law. When data is no longer needed, it will be securely deleted or anonymized.
  • Opt-Out of Data Sharing: Users may request to opt out of data sharing with bars, nightclubs, or lounges by contacting support@whereyouat.app. Please note that opting out may affect the functionality of certain features of the Platform.

4. Intellectual Property

  • Trademarks: The Where You At name, logo, and associated trademarks are the exclusive property of WYA LLC. Any unauthorized use of these trademarks is strictly prohibited.
  • Content Submission: Users are not permitted to submit content, including but not limited to photos, reviews, or comments, that could be considered intellectual property.

5. Disclaimers and Limitation of Liability

  • Disclaimer of Warranties: The Platform is provided on an “as is” and “as available” basis. The Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Platform will be error-free, uninterrupted, or free of viruses or other harmful components.
  • Platform Operations: While we strive to maintain the Platform’s performance and accuracy, we disclaim any liability for errors, inaccuracies in venue listings, service interruptions, or other issues that may arise.
  • Third-Party Venues: We are not responsible for any inaccuracies in the information provided by third-party venues or for any disputes that may arise between users and these venues. We are also not liable for any business losses or damages resulting from the use of our Platform.
  • User Behavior: Inappropriate behavior, including but not limited to harassment, bullying, or stalking, may result in the suspension or termination of user accounts. We are not liable for any consequences that may arise from users sharing their location with others through the Platform.
  • Third-Party Services: The Platform integrates with third-party services, including but not limited to Stripe for payment processing, and Google Maps and Apple Maps for location services. The Company is not responsible for any issues arising from these third-party services and disclaims all liability related to their use.
  • Limitation on Liability for Consequential Damages: To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Platform, even if we have been advised of the possibility of such damages.
  • Force Majeure: The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, cyber-attacks, government actions, or other “acts of God.”

6. Account Security
Users are responsible for maintaining the security of their account credentials. The Company is not liable for any loss or damage arising from unauthorized use of your account.

7. Payments and Refunds

  • Payment Processing: Payments for services rendered through the Platform are processed via Stripe on our website. Refund requests should be directed to our support team at support@whereyouat.app. Please note that all sales are final and no refunds will be issued.

8. Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida.
  • Dispute Resolution: Any disputes arising under these Terms shall be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association, and held in Palm Beach County, Florida. Arbitration is intended to be a quicker, less formal, and less expensive method of resolving disputes than going to court. However, it does mean you are giving up your right to a jury trial and other rights you would have in court.

9. Modifications and Updates

  • Platform Modifications: We reserve the right to modify or discontinue the Platform, or any part thereof, at any time and for any reason, without notice. We are committed to continuously improving the Platform, and users are required to update the software on their devices when prompted to ensure they have access to the latest features and security updates.
  • Changes to Terms: The Company may update these Terms from time to time. If we make material changes, we will notify you via email or through the Platform. Your continued use of the Platform after any changes to the Terms constitutes your acceptance of the new Terms.

10. Marketing Communications

  • Email Communications: By registering for an account, you consent to receive promotional emails from us. These communications may include information about updates, new features, special offers, and other promotional materials related to the Platform. You may opt out of receiving these emails at any time by following the unsubscribe instructions included in each email.

11. Termination Clause

  • Termination: The Company reserves the right to suspend or terminate your account at its discretion, including but not limited to violations of these Terms, inactivity of your account, or any other reason deemed necessary by the Company.

12. Enforcement of Terms

  • Enforcement: The Company reserves the right to enforce these Terms by suspending or terminating user accounts that violate any of the provisions herein. The Company may also take legal action against users who engage in prohibited conduct, including but not limited to harassment, bullying, or the creation of inappropriate content.

13. Feedback and Suggestions

  • Feedback: Any feedback, suggestions, or ideas you provide to the Company regarding the Platform are entirely voluntary. The Company shall be free to use, disclose, reproduce, license, or otherwise distribute and exploit such feedback without any obligation to you, whether financial or otherwise.

14. Severability Clause

  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

15. Entire Agreement Clause

  • Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede any prior agreements or communications, whether oral or written, between you and the Company.

16. Children’s Privacy

  • Children’s Privacy: The Platform is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that