Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you and Moncada Peon Ventures LLC DBA Localy App ("Localy," "we," "us," or "our"). They govern your access to and use of Localy websites, accounts, business tools, offers, communications, and related services (collectively, the "Service").

By accessing or using the Service, creating an account, publishing an offer, or selecting a paid plan, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service. Legal notices may be sent to support@localyapp.io or 418 Broadway STE N, Albany, NY 12207.

Public Localy pages may be viewed by people of any age. You must be at least 13 years old to create or use a customer account. If you are under the age of legal majority where you live, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You must be at least 18 years old to create or manage a business account. By acting for a business, you represent that you are an owner, employee, or other authorized representative with authority to bind that business to these Terms.

Localy helps eligible customers discover timely offers from approved local businesses and gives businesses tools to publish controlled offers and review supported activity. Localy provides a discovery and offer-presentation service; it is not the merchant, seller, employer, delivery provider, payment processor for customer purchases, or party to a transaction between a customer and a business.

Localy does not replace a business point-of-sale, ordering, inventory, scheduling, accounting, or customer-management system. Businesses remain responsible for their operations, products, services, prices, taxes, licenses, staff, and customer transactions.

You must provide accurate, current information and keep your login credentials secure. You are responsible for activity performed through your account and must promptly notify Localy if you suspect unauthorized use.

You may not share an account in a way that bypasses role, approval, plan, or security controls. Localy may require email confirmation, business review, or other reasonable verification before providing access to certain features.

Customers may browse eligible offers, save offers, activate available offers, favorite businesses, and manage supported preferences. Offer availability, inventory, business hours, and eligibility can change. Customers must review the displayed timing, limits, audience, and terms before relying on an offer.

A saved offer is bookmarked for later. An activated offer records the customer's stated intent to use it and may provide an active screen to show the business. Neither action creates cash value, a reservation, a guaranteed appointment, guaranteed inventory, a completed purchase, or confirmation that the offer was used.

An activation is valid only for the period shown on the activation screen. Timed offers generally remain active until the end of the current offer window, while all-day offers generally remain active until the end of that local day, subject to any earlier scheduled offer end. Once-per-customer offers can be activated only once and disappear from that customer's available offers after the activation expires. Once-per-day offers may be activated once on each eligible local calendar day while the offer remains available.

Businesses are responsible for the accuracy and legality of their profile, contact details, hours, images, offers, prices, timing, audience, availability, limits, terms, and any statements made to customers. Businesses must train staff as needed to recognize active Localy offer screens and honor valid offers according to the terms they published.

If inventory runs out or circumstances change, the business must promptly pause, update, or end the offer when those controls are available and communicate fairly with affected customers. Localy may review, reject, pause, edit the status of, or remove content that is incomplete, inaccurate, misleading, unlawful, unsafe, or inconsistent with Localy standards.

A business may provide an offer code for display only on a valid customer activation screen. The business is responsible for the code, its point-of-sale configuration, staff instructions, security, availability, and honoring the published offer. Changing or removing a code affects future activations and does not change a code already captured for an earlier activation.

Localy may report supported activity such as offer views, saves, activations, profile views, and new or returning Localy activity. These are operational signals, not proof of a visit, completed sale, customer identity, revenue, or return on investment.

Localy does not currently provide native confirmed-redemption tracking. An activation indicates intent to use an offer, not completed use. Businesses that want to confirm completed transactions or offer use must track that information through their own staff process, records, or point-of-sale system.

Merchant-provided offer codes can help a business associate an offer with its own point-of-sale records, but Localy does not receive or verify the resulting transaction and a displayed code does not itself prove use or redemption.

A person's first recorded Localy interaction with a business does not establish that the person has never visited or purchased from that business outside Localy.

Localy may offer free, Founding Business Access, trial, and paid business access with different profile, offer, analytics, communication, and support features. Current plan details and limits are shown on the Pricing page, in the business account, or before checkout.

Plan limits can include a concurrent published-offer limit and a calendar-month new-offer limit. A published offer is an active, non-ended offer whether live now or scheduled for later. Creating any offer, including a draft or recurring offer, uses one new-offer allowance. Editing does not use another allowance, duplicating does, and deleting an offer does not restore allowance. Calendar-month allowances reset using America/New_York time.

Localy Free provides limited offer customization. It can support standard templates, one-time scheduling, images, codes, claim limits, service modes, combinability, and necessary terms, while custom offer wording, recurring schedules, and first-time or returning-customer targeting can require Founding Business Access or a paid plan. Advanced settings preserved after a downgrade cannot be changed until the business upgrades.

Offer publication does not guarantee placement, impressions, customer reach, visits, activations, sales, or revenue. Eligibility and visibility may depend on business approval, offer status, timing, relevance, customer activity and preferences, plan rules, technical availability, and Localy standards.

Approved founding businesses may receive 90 days of Founding Business Access at no charge. Founding Business Access is a limited program, is subject to business approval, requires no payment card, and does not automatically begin a paid subscription.

Starter and explicit Free selection are currently Coming Soon. When Founding Business Access ends while follow-on selection is unavailable, the business automatically receives Localy Free limits. Paid service begins only if the business affirmatively selects an available paid plan and completes the applicable checkout.

A business that has used Founding Business Access remains eligible for the permanent $35 per month founding-member Starter rate if and when Starter checkout is made available, including after using Free, canceling, or returning later. Eligibility may be limited to one Founding Business Access period per business.

At the effective date of these Terms, Localy Starter and Localy Free follow-on selection are marked Coming Soon and new checkout is unavailable. Starter is expected to be offered at $49 per month, with a permanent $35 per month rate for eligible founding businesses. Current pricing, included features, taxes, and billing cadence shown before an enabled checkout control if they differ from older marketing copy.

When Starter checkout becomes available, it is expected to include a separate 14-day trial. Unless canceled before the trial ends, the subscription renews monthly and the payment method provided to Stripe is charged. This paid trial is separate from Founding Business Access and never starts automatically when Founding Business Access ends.

Businesses may manage or cancel a paid subscription through the Stripe billing portal made available in Localy. Cancellation normally takes effect at the end of the current paid billing period. Except where required by law, fees already paid are nonrefundable and Localy does not provide prorated refunds for unused time. Failed or overdue payments may result in restricted paid features.

Localy may send transactional or service messages needed for authentication, account security, business review, billing, support, and active offer workflows. These messages may be sent even if optional marketing communications are disabled.

If optional offer marketing becomes available and you opt in or are otherwise eligible under applicable law and your preferences, Localy may send offer-related communications. Eligible offers may be selected based on offer status, timing, customer saves, favorite businesses, prior Localy activations, and stated preferences. Placement is not guaranteed.

Offers containing alcohol are not eligible for promotional campaigns, automated offer recommendations, or other offer-marketing emails.

You may manage supported email preferences or use the unsubscribe link in an optional marketing email. Unsubscribing from optional messages does not prevent essential account, security, legal, or billing notices.

If a customer grants browser location permission, Localy may use the available coordinates to estimate distance and sort eligible offers or businesses. Location results are estimates and may be incomplete or inaccurate.

Customers may deny or revoke permission through their browser or device. Localy remains usable without location where the Service provides a non-location alternative such as a Nearby label or general discovery order.

Businesses retain ownership of the names, descriptions, photographs, logos, offer terms, and other content they submit. By submitting content, the business grants Localy a nonexclusive, worldwide, royalty-free license to host, store, reproduce, resize, format, display, and distribute that content within the Service and Localy-controlled service communications. Localy may allow its service providers to process the content only as needed to operate those uses.

Localy will obtain separate permission before using business-owned content in external paid advertising that is not part of operating or promoting the Localy Service. A business may replace Localy starter images with its own content, subject to applicable review.

The Localy name, logos, software, designs, and original materials are owned by Localy or its licensors. These Terms do not grant users a right to copy, sell, reverse engineer, scrape, or commercially exploit Localy materials except as expressly permitted by law.

You may not impersonate another person or business; publish deceptive offers; manipulate views, saves, activations, or analytics; scrape or harvest data; probe or bypass security; abuse support or messaging systems; upload malicious code; interfere with the Service; or use Localy for unlawful, fraudulent, harassing, discriminatory, or harmful activity.

Offers may not promote illegal goods or services, tobacco or nicotine products, cannabis, firearms or ammunition, gambling, prescription or controlled drugs, adult services, counterfeit products, or deceptive or unsafe activity. Alcohol offers are permitted only when the feature is available, the business is eligible, and the offer complies with the alcohol-specific terms below.

Alcohol offers are currently limited to eligible New York businesses and remain subject to Localy review, suspension, removal, and feature availability. The merchant, not Localy, is the sole seller of every alcoholic beverage. The merchant offers the beverage for sale, establishes and honors the price, receives payment, collects applicable taxes and gratuities, checks identification, assesses intoxication, decides whether service is lawful, maintains required records, and handles refunds and customer disputes involving the sale.

By publishing, updating, or resuming an alcohol offer, the merchant represents and warrants that it holds a valid license for the listed premises; the offered beverage is within its license privileges; the offer and promotion structure comply with applicable federal, New York, and local law, including New York Alcoholic Beverage Control Law Section 117-a; service occurs only during lawful hours; the offer complies with all license conditions and community-board stipulations; the merchant funds the promotion; all regular pricing, offer details, availability, and terms are truthful; and the merchant has informed its employees and agents how the offer operates.

The merchant is responsible for its owners, employees, contractors, and agents and for all age, identification, intoxication, licensing, insurance, service, tax, gratuity, recordkeeping, and transaction obligations. Where commercially appropriate, the merchant must maintain insurance reasonably sufficient for its alcohol operations. The merchant must immediately notify Localy of any claim, investigation, citation, license suspension, expiration, restriction, ownership or premises change, or alcohol-related incident that may affect an offer or the merchant’s eligibility.

Localy may request license or compliance documentation through an approved secure support process; reject, pause, correct, or remove an alcohol offer; suspend or terminate a business’s alcohol-offer privileges; immediately pause alcohol offers after a license suspension, expiration, or material compliance concern; preserve offer, warning, attestation, and moderation records; cooperate with lawful regulatory requests; and require correction of inaccurate or misleading terms. A warning displayed by Localy is not legal approval, and Localy does not guarantee that an offer or a particular service decision is lawful.

Customers must be at least 21 to save or activate an alcohol offer and must provide a separate age self-attestation for each distinct offer when required. This confirmation is not identity or government-ID verification, does not replace the merchant’s duty to inspect valid identification, and does not guarantee that the merchant will or may lawfully serve the customer. The merchant may refuse service.

Localy does not sell alcohol, hold itself out as the seller, establish or collect the alcohol purchase price, receive payment for the alcohol sale, collect transaction taxes or gratuities, replace a point-of-sale system, verify identification, assess intoxication, decide whether service is lawful, or confirm that an offer was redeemed. A Localy activation records customer intent only; it is not a completed sale, completed use, or confirmed redemption.

To the extent permitted by law, the merchant will defend, indemnify, and hold harmless Localy and its owners, affiliates, employees, contractors, and service providers from claims, investigations, penalties, losses, liabilities, damages, costs, and reasonable legal fees arising from the merchant’s alcohol operations, licenses, offer, pricing, employees or agents, age or intoxication determinations, service decisions, transaction, or violation of law or these Terms.

Business participation and Founding Business Access may require Localy approval. Localy may approve, reject, request changes to, suspend, or deactivate a business profile or offer to protect customers, comply with law, enforce these Terms, or maintain service quality.

An approved business that submits profile changes may keep its current approved profile live while proposed changes are reviewed. Approval is not an endorsement, certification, or guarantee concerning a business, product, service, or offer.

The Service may rely on or link to third parties such as Supabase, Stripe, hosting providers, email providers, anti-spam services, social platforms, websites, phone services, and directions providers. Their separate terms and privacy practices apply to their services.

Localy is not responsible for third-party availability, content, security, transactions, or conduct. A link or integration does not mean Localy endorses the third party.

Localy may restrict, suspend, or terminate access for suspected fraud, abuse, nonpayment, unauthorized business representation, material inaccuracies, legal risk, repeated customer harm, or violation of these Terms. Where practical, Localy may provide notice or an opportunity to correct an issue, but may act immediately when reasonably necessary.

Users may stop using Localy or request account deletion through available account controls. Deletion is permanent and may remove profiles, offers, saves, favorites, activations, and other account content, subject to records Localy must retain for legal, security, fraud-prevention, billing, or dispute purposes.

Deleting and recreating an account does not reset offer eligibility. Localy may retain pseudonymous eligibility markers while the relevant offer or business remains in the Service so once-per-customer, once-per-day, and first-time-at-a-business restrictions continue to apply. These markers do not restore deleted account content or expose an offer code.

Deleting an account with an active paid Stripe subscription causes Localy to cancel that subscription immediately before deletion. Access may end immediately, and no prorated refund is provided except where required by law. Businesses that prefer to keep access through the end of a paid period should cancel through the billing portal and wait until that period ends before deleting the account.

To the fullest extent permitted by law, the Service is provided "as is" and "as available." Localy disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

Localy does not guarantee uninterrupted or error-free operation; the accuracy or continued availability of any business, offer, inventory, hours, external link, communication, or analytics signal; or any customer reach, visit, transaction, revenue, or business result. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

To the fullest extent permitted by law, Localy and its owners, affiliates, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, business opportunity, or customer relationships arising from or related to the Service.

To the fullest extent permitted by law, Localy's total liability for all claims arising from or related to the Service will not exceed the greater of $100 or the amount you paid directly to Localy during the 12 months before the event giving rise to the claim. These limits do not apply where liability cannot lawfully be limited.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Localy and its owners, affiliates, employees, contractors, and service providers from third-party claims, losses, liabilities, damages, costs, and reasonable legal fees arising from your content, your use or misuse of the Service, your violation of these Terms or law, or your infringement of another person's rights.

Businesses also agree to indemnify Localy for claims arising from their business operations, products, services, staff, licenses, taxes, profile content, offer terms, failure to honor a valid offer, or customer transactions.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any lawsuit arising from or relating to these Terms or the Service must be brought in the state or federal courts located in Albany County, New York, and each party consents to their jurisdiction and venue.

These Terms do not require individual arbitration and do not waive any right to a jury trial or class proceeding that otherwise exists under applicable law.

Localy may update these Terms as the Service, laws, providers, or business practices change. The effective date at the top will identify the latest version. For material changes, Localy will provide reasonable notice through email, an in-service message, or another appropriate method before or when the changes take effect.

Price changes apply prospectively and will be communicated as required by law before they affect an existing paid subscription. Continued use after updated Terms take effect constitutes acceptance where permitted by law.

These Terms and the Privacy Policy constitute the agreement between you and Localy concerning the Service, except for additional terms presented for a specific feature or transaction. If one provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not transfer these Terms without Localy's consent; Localy may transfer them as part of a merger, financing, reorganization, sale, or other lawful business transfer.

Questions or legal notices may be sent through the Contact page, by email to support@localyapp.io, or by mail to Moncada Peon Ventures LLC DBA Localy App, 418 Broadway STE N, Albany, NY 12207.