Terms of Service

1. Definitions

• “Consumer” — an individual who creates a free account to browse listings, claim coupons, save favorites, follow businesses, or receive deal notifications.
• “Business Owner” — an individual or entity that subscribes to a paid plan to list a restaurant, bar, or similar establishment.
• “Activity Partner” — an individual or entity that partners with us under an affiliate agreement to list tours, activities, or experiences.
• “Curated Listing” — an admin-managed free listing that we create on behalf of a business until that business signs up. Curated listings are display-only and may be claimed and converted to a paid listing at any time.
• “Listing” — a business profile page, including photos, menu, hours, schedule, and deals.
• “Deal” or “Coupon” — a promotional offer created by a Business Owner (or by us on a Curated Listing) that Consumers can claim and redeem.
• “Content” — text, images, photos, videos, data, and other materials uploaded to or displayed on the Site.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create a Business Owner account. Consumers must be at least 13. Users between 13 and 17 may use the Site only with the consent and supervision of a parent or legal guardian. We do not knowingly collect personal information from children under 13; see our Privacy Policy for details.

By creating an account, you represent and warrant that you meet these requirements and that all information you provide is true, accurate, and complete.

3. Account registration

3.1 Consumer accounts

You may create a free Consumer account using your email and password, or by signing in with Google or Apple. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at info@hawaiihappyhours.com if you suspect unauthorized access.

3.2 Business accounts

Business Owners subscribe to a paid plan via Stripe checkout. Upon successful payment, your account, business listing record, and dashboard access are provisioned automatically. The first time you sign in we send you a one-time magic-link login; you may set a password of your own afterward.

3.3 Activity Partner accounts

Activity Partners are onboarded through a separate partnership process with our team. Activity listings are created and managed by us; Activity Partners do not self-register through the standard signup flow.

4. Consumer Terms

4.1 Coupon claim and redemption

• You claim a coupon by tapping “Claim” on a deal. We generate a unique claim code tied to your account and the specific coupon. Codes are non-transferable.
• You redeem a coupon by showing the redemption screen at the business or by tapping “I’ll redeem this myself” if the business has self-redeem enabled.
• Each coupon has terms set by the business: valid days, time windows, claim frequency (one-time, daily, weekly, or unlimited), and an expiration date. Read the terms before claiming.
• Standard plan businesses may run 1 active deal at a time; Premium plan businesses may run up to 3.
• We may void a claim that we determine is fraudulent, abusive, or in violation of the coupon terms.
• Coupons have no cash value, are not redeemable for cash, and expire on the dates listed.

4.2 Favorites, follows, and saved deals

• You may favorite a listing, follow a business, or save a deal to claim later. These create simple records associating your account with the business or deal.
• Following a business consents you to receive new-deal notifications via in-app, email digest (sent Tuesday and Friday), and (if enabled) web push. You can unfollow or opt out of any channel at any time.

4.3 Push notifications

• Push notifications are opt-in. You explicitly grant browser-level permission, then enable them inside our app.
• By default, we cap pushes at 5 per user per 24 hours; pushes beyond the cap are rolled into a single end-of-day summary.
• You can disable push at any time from your account, by revoking permission in your browser, or by uninstalling the PWA.

4.4 Location data

The “Near Me” feature and the map use your device location only when you grant browser permission. You can revoke permission at any time. Distance calculations happen in your browser; we do not store your precise coordinates.

4.5 Prohibited consumer conduct

You agree not to:

• Create multiple accounts to circumvent claim limits.
• Share, screenshot, alter, or distribute claim codes intended for single-use redemption.
• Use automated tools, bots, scripts, or scrapers to interact with the Site.
• Misrepresent your identity or provide false information.
• Probe, scan, or test the vulnerability of any system or network.
• Interfere with the operation of the Site or other users’ access.
• Use the Site for any unlawful purpose or in violation of any applicable law or regulation.

5. Business Owner Terms

5.1 Subscription plans and pricing

• Standard Plan — $99/month or $990/year. Includes a full listing page, 1 active deal at a time, real-time analytics dashboard, follower notifications, weekly newsletter inclusion, up to 2 team seats, and standard support.
• Premium Plan — $299/month or $2,990/year. Everything in Standard, plus featured homepage placement, up to 3 active deals, Pro Analytics, video on listing pages, up to 5 team seats, eligibility for paid social ad rotation, and the 24-hour post-redemption review-request email.
• Plans renew automatically at the end of each billing cycle unless cancelled before renewal.
• You may change plans (upgrade or downgrade) at any time. Upgrades apply immediately with a prorated charge for the remainder of the cycle. Downgrades take effect at the end of the current cycle.
• You may cancel at any time from your dashboard or the Stripe Customer Portal. Your listing remains active through the end of the current billing period.
• Prices may change. We will give you at least 30 days’ notice before any price increase affects your subscription.

5.2 Refund policy

Subscriptions are billed in advance. We do not provide refunds for partial billing periods, unused features, or downgrades that take effect at the end of the cycle. If a charge appears to be in error, contact us within 30 days and we’ll review.

5.3 Free trials and curated conversions

Curated Listings created by us are admin-managed at no cost until the business owner claims and converts the listing. Once you claim a Curated Listing and complete checkout, the listing converts to a paid listing on the plan you selected. There is no separate self-serve free trial for new paid signups.

5.4 Listing content rules

• You are solely responsible for the accuracy of your listing — business name, address, hours, happy-hour schedule, menu items, prices, deal copy, and deal terms.
• Photos must be of your actual business, food, drinks, staff, or venue, and you must own them or have rights to use them. No stock photos passed off as your own, no copyrighted third-party images.
• Deal terms must be accurate and you must honor every valid claim made before expiration. Bait-and-switch, intentionally vague, or misleading deals are prohibited.
• Listings are subject to admin review and approval. We may reject, modify, or remove any listing that violates these Terms or our content standards.
• Prohibited listing content includes: anything illegal under federal, state, or county law in the listing’s jurisdiction; sexually explicit material; firearms or weapons sales; controlled substances (other than those you are licensed to sell); claims you cannot substantiate; defamatory or infringing content.

5.5 Multi-location policy

Each physical location requires its own listing and its own subscription. Multi-location businesses can manage all locations from a single dashboard but each is billed independently.

5.6 Featured placement (Premium)

Premium subscribers receive featured placement on the homepage, in island-specific carousels, and in our weekly newsletter spotlight. Placement is automatic and cannot be purchased separately. Algorithmic ranking within the featured pool may be adjusted at any time.

5.7 Analytics disclaimer

We provide Business Owners with analytics including page views, coupon claims, redemptions, click-throughs, follows, and favorites. This data is provided “as is” for informational purposes and may be incomplete or inaccurate due to ad-blockers, bot traffic, browser privacy settings, or technical limitations. Do not rely on it for legal, tax, or audit purposes.

5.8 Team members

Standard plans allow up to 2 team members; Premium plans allow up to 5. You are responsible for the actions of any team member you grant access to your dashboard.

5.9 Embeddable widget

You may embed our widget on your own website to display your deals. The widget is provided as-is via iframe. We may modify or discontinue the widget on reasonable notice.

6. Activity Partner Terms (affiliate)

FTC affiliate disclosure: activity listings on Hawaii Happy Hours are affiliate partnerships. When a Consumer books a tour or activity through one of our “Book Now” links, we may earn a commission at no extra cost to the Consumer.

• Commission rates, discount amounts, and partnership terms are negotiated individually with each Activity Partner.
• We create and maintain Activity listings based on information the Partner provides.
• Partners must honor any displayed discount for Consumers who book through our affiliate link.
• Partners may opt in to our last-minute distressed-inventory program at higher commission rates.
• Either party may terminate the partnership with 30 days’ written notice. Earned commissions through the termination date remain payable.

7. Deals and coupons (cross-cutting rules)

7.1 Deal types

Supported deal types: percentage off, dollar off, BOGO (buy-one-get-one), free item, and bundle. Business Owners set the value, validity window, and any per-user claim frequency.

7.2 Anti-abuse measures

• Per-user claim limits (one-time, daily, weekly, monthly, or unlimited) are set by the business and enforced server-side.
• Rate limits: 10 claims/minute/user and 30 claims/minute/IP for the claim endpoint.
• Claim codes are cryptographically generated and non-guessable.
• The redemption screen includes anti-screenshot animation cues; static screenshots are not honored as proof of an unredeemed claim.

7.3 Honoring deals

Business Owners are solely responsible for honoring valid claims at the business. We are not the merchant of record for the underlying goods or services and are not liable for a business’s refusal or failure to honor a deal. If a business repeatedly fails to honor valid claims, we may pause or remove the listing.

8. AI support chat

• Our AI support assistant (“Ava”) is powered by Anthropic’s Claude. It uses your message text plus relevant FAQ articles to generate a response.
• AI responses can be inaccurate, incomplete, or out of date. Verify anything important by emailing info@hawaiihappyhours.com.
• Do not share sensitive personal information (passwords, credit card numbers, SSNs) with the support chat.
• Rate limits apply: 50 questions per business per 24 hours, plus a per-IP cap.
• We may review chat conversations for quality assurance, abuse detection, and product improvement.

9. Public Developer API

If we issue you an API key for our public Deals API, you agree to use the API only for purposes consistent with these Terms, to respect the documented rate limit (per-hour) and quota (per-month) on your key, and not to share, sublicense, or resell your key. We may suspend or revoke an API key at any time for misuse, security risk, or non-payment.

10. Intellectual property

10.1 Our content

The Site, including its design, code, branding, trademarks, logos, and editorial content (blog posts, guides, the “Hawaii Happy Hours” name, the round logo mark, etc.), is owned by Lokal Media LLC and is protected by copyright, trademark, and other intellectual-property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our prior written permission.

10.2 Your content

You retain ownership of any Content you upload (photos, descriptions, deal copy, etc.). By uploading Content, you grant Lokal Media LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting and resizing), display, and distribute that Content on the Site, in our emails, in social-media promotions of your listing, and in advertising of the platform itself, for the duration of your account plus a reasonable period thereafter to wind down active campaigns.

You represent that you have all rights necessary to grant this license and that your Content does not infringe any third-party rights.

10.3 DMCA / copyright complaints

If you believe Content on the Site infringes your copyright, send a written DMCA notice to info@hawaiihappyhours.com with the subject line “DMCA Notice.” Include: (a) your physical or electronic signature, (b) identification of the copyrighted work claimed to be infringed, (c) the URL of the allegedly infringing material, (d) your contact information, (e) a statement that you have a good-faith belief the use is not authorized, and (f) a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on their behalf. We will respond to valid notices and may remove or disable the contested material.

11. Email and push communications

By creating an account you consent to receive transactional email (account confirmations, claim receipts, listing status, password reset, billing receipts, end-of-month review-call invitations). Marketing email (the weekly newsletter), engagement email (twice-weekly follow digests, the 24-hour review-request email), and push notifications are opt-in / opt-outable; manage them from your account or the unsubscribe link in any message.

12. Payment and billing

• All payments run through Stripe. By subscribing, you also agree to Stripe’s Terms.
• Subscription prices are listed on our pricing page and may change with at least 30 days’ notice.
• You may manage your subscription, update payment methods, view invoices, and cancel directly from the Stripe Customer Portal accessible from your billing page.
• If a payment fails, we will retry per Stripe’s default schedule. After repeated failure your listing may be paused. We will email you before suspension.
• Promo codes, when offered, are single-use and have no cash value. Promo discounts attach to your initial subscription and may be reset by long pauses or downgrades.
• Taxes (sales, use, GET) where applicable are added at checkout and remitted by Stripe to the appropriate jurisdiction.

13. Termination

• You may delete your Consumer account at any time from account settings or by emailing us. We will delete your data per our Privacy Policy retention rules.
• Business Owners may cancel from their dashboard or the Stripe Customer Portal. Your listing remains active until the end of the current billing period; afterward, your listing is set to paused or, if not reactivated within 90 days, fully removed.
• We may suspend or terminate any account for breach of these Terms, fraudulent activity, abuse, or as required by law. Where reasonable, we will give you notice and an opportunity to cure.
• Upon termination, sections that by their nature should survive (intellectual property, indemnification, limitation of liability, dispute resolution) survive.

14. Disclaimers

• The Site and all services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee the accuracy, completeness, or timeliness of any listing, deal, schedule, menu price, or description provided by Business Owners or Activity Partners.
• We are not responsible for the quality, safety, legality, or fitness of any food, drink, service, or experience provided by a listed business or activity.
• AI-generated responses may contain errors. Treat them as suggestions, not advice.
• Analytics data is informational only and is not certified, audited, or fit for tax, legal, or financial reporting.
• The Site may be unavailable from time to time for maintenance, upgrades, or events outside our control.

15. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Lokal Media LLC, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business, arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages.

Our total cumulative liability for any claim arising under or related to these Terms or your use of the Site shall not exceed the greater of (a) the amount you paid us for the subscription month immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). For Consumers and other users who pay us nothing, the cap is $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such limitation is unenforceable in your jurisdiction, our liability is limited to the smallest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Lokal Media LLC and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your Content; (c) your violation of these Terms; (d) your violation of any law or any third-party rights; or (e) for Business Owners, any goods or services you provide to a Consumer arising out of a coupon claim or listing interaction.

17. Force majeure

We are not liable for any failure or delay in performing our obligations to the extent caused by an event beyond our reasonable control, including natural disasters (hurricane, tsunami, earthquake), volcanic activity, pandemics, governmental actions, war, terrorism, civil unrest, labor disputes, internet or telecommunications outages, third-party service failures (Vercel, Supabase, Stripe, etc.), or denial-of-service attacks.

18. Governing law and dispute resolution

These Terms are governed by the laws of the State of Hawaii, United States, without regard to its conflict-of-law principles. The federal Arbitration Act, federal arbitration law, and (for U.S. residents) the laws of the State of Hawaii govern the interpretation and enforcement of any dispute resolution provisions.

Subject to the small-claims carve-out below, you and we agree to first attempt informal resolution by emailing info@hawaiihappyhours.com describing the dispute. If we cannot resolve the dispute within 30 days, either party may bring an action in the state or federal courts located in Honolulu County, Hawaii, and we both consent to the personal jurisdiction of those courts. Either party may also bring an individual action in small-claims court for any qualifying claim.

You and we each waive the right to a jury trial and to participate in class actions to the extent permitted by law. Any claim must be brought within one (1) year of the date the claim accrued.

19. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the “Last updated” date and, where appropriate, give you notice via email or a prominent on-site banner before the change takes effect. Your continued use of the Site after the effective date constitutes acceptance.

20. Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

21. Assignment

You may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, on notice to you.

22. Entire agreement

These Terms, together with our Privacy Policy and any additional written agreement you sign with us (e.g., an Activity Partner agreement), constitute the entire agreement between you and Lokal Media LLC regarding your use of the Site and supersede any prior agreements on the same subject.

23. Contact

• Email: info@hawaiihappyhours.com
• Website: hawaiihappyhours.com/contact
• Mailing: Lokal Media LLC, Hawaii, USA (full mailing address available on request)

Hawaii Happy Hours is a DBA of Lokal Media LLC.