Terms of Service

These Terms of Service ("Terms") govern your access to and use of Pounce, including our website, web app, mobile applications, SMS/text message alerts, waitlist, restaurant and user accounts, and related services (collectively, the "Services") operated by STOJANOVIC LLC ("we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Services.

1. What Pounce Is

Pounce is a service that helps users discover discounted extra food from local restaurants and food businesses. Our goal is to make it easier for people to find available food nearby while helping reduce food waste.

The Services may allow users to view restaurant food deals, receive notifications, reserve available items, and access pickup details such as location, timing, price, and item descriptions.

Pounce provides technology for discovering and reserving available food. We do not prepare, store, inspect, or control the food offered through the Services. Food is provided by participating restaurants or food businesses, which are responsible for the items they make available.

2. User Accounts and Eligibility

Some features of the Services require you to create an account. When you create an account, you agree to provide accurate and up-to-date information and to keep your account details current.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

The Services are intended for users located in the United States. Some features may be limited based on location, restaurant participation, or service availability. The Services are available to users aged 13 and older. If you are under 18, you must have permission from a parent or legal guardian to use the Services. We do not knowingly collect personal information from children under 13.

We may suspend or terminate accounts that violate these Terms or misuse the Services.

3. User Content and Submissions

Users, restaurants, and food businesses may submit information through the Services, including restaurant deal details, item descriptions, prices, pickup locations, pickup windows, photos, images, comments, or other content ("User Content").

By submitting User Content, you represent and warrant that:

• You have the right to submit and share the content
• The content is accurate to the best of your knowledge
• The content does not violate any laws or the rights of others
• The content is not false, misleading, deceptive, or harmful

You grant STOJANOVIC LLC a non-exclusive, royalty-free, worldwide license to use User Content as described in Section 7.2 below.

User Content may be provided by users, restaurants, food businesses, or other sources, and may also be posted by us based on information provided by those sources. We do not independently verify, endorse, or guarantee the accuracy, completeness, availability, quality, or reliability of any User Content.

We reserve the right, but have no obligation, to remove or modify User Content at our discretion.

4. Restaurant Deals, Reservations, and Pickups

Restaurant deals, food availability, prices, pickup windows, item descriptions, and quantities may change at any time. We do not guarantee that any listed item will be available, accurately described, or suitable for your needs.

Participating restaurants and food businesses are responsible for preparing, handling, describing, pricing, and providing the food or other items they make available through the Services.

If you reserve an item, you are responsible for arriving during the stated pickup window and following any pickup instructions provided through the Services or by the restaurant or food business.

Unless otherwise stated, Pounce does not process payments through the Services. Any payment for reserved items is handled directly between you and the participating restaurant or food business at pickup.

5. Prohibited Conduct

You agree not to:

• Use the Services for unlawful purposes
• Submit false, misleading, or deceptive information
• Impersonate others or misrepresent your affiliation
• Interfere with the operation or security of the Services
• Access, scrape, or collect data from the Services using automated means (including bots, crawlers, scrapers, or similar technologies) without our prior written permission.
• Attempt to access accounts or data without authorization
• Use the Services to harass, threaten, or harm others
• Reserve items you do not intend to pick up, misuse pickup information, or interfere with restaurants, food businesses, or other users

6. SMS Notifications

Pounce offers one-time codes that keep your account secure, and opt-in text message services that help you find and order food.

One-time verification codes. When you sign in, we send a one-time code to your phone number to confirm it belongs to you.

Order messages. If you choose to hear about your order by text at checkout, we send you messages about that order — pickup details, reminders, updates, and a single follow-up after pickup asking how it went. These messages are automated and recurring, and message frequency depends on how often you order.

If you prefer not to receive order confirmations by text, you can choose email instead. We require at least one contact method when you reserve your order so that we can contact you in case there are any updates or changes.

Food alerts. If you opt in, we send you automated, recurring text alerts when food is available through Pounce. Message frequency varies based on food availability.

Terms that apply to these messages. Message and data rates may apply. Consent to receive text messages is not required to use Pounce and is not a condition of any purchase. You may opt out at any time by replying STOP, and get help by replying HELP, contacting us, or emailing lorae@pounce.food.

Pounce does not use SMS to send advertisements for products or services that are not available through Pounce. Pounce does not sell, rent, share, or disclose your mobile information, including your mobile phone number, SMS opt-in status, or SMS consent to third parties or affiliates for their marketing or promotional purposes.

Carriers are not liable for delayed or undelivered messages. SMS delivery depends on third-party messaging services and mobile carriers outside Pounce’s control.

For more information about how Pounce handles phone numbers and SMS consent information, please see our Privacy Policy.

7. Intellectual Property

7.1 Ownership of the Services

The Services, including all text, graphics, logos, software, and other content provided by us, are owned by STOJANOVIC LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for their intended purposes. You may not copy, modify, distribute, sell, or create derivative works from the Services except as expressly permitted by law or with our prior written consent.

7.2 User Content License

You retain ownership of any content you submit, post, or otherwise make available through the Services ("User Content").

By submitting User Content, you grant STOJANOVIC LLC a non-exclusive, royalty-free, worldwide license to host, store, reproduce, modify, display, and distribute User Content for the purpose of operating, promoting, improving, and maintaining the Services, including developing, testing, and improving automated systems that help identify, classify, tag, or organize food items, restaurant deals, images, and related content.

This license continues for as long as the User Content remains available on the Services and survives termination of your account. Removal of User Content may not be immediate and may be subject to technical, legal, or operational limitations.

7.3 Third-Party Content

The Services may include content provided by third parties or obtained from publicly available or community sources. We do not claim ownership of any third-party content, and all rights remain with the respective owners.

Such content is provided for informational purposes only. If you believe that content displayed on the Services infringes your rights or should be removed, please contact us, and we will review the request in accordance with applicable law.

8. Third-Party Services

The Services may rely on third-party services for certain features, including hosting, mapping, analytics, authentication, messaging, and other operational support.

We are not responsible for interruptions, errors, delays, or limitations caused by third-party services.

Your use of third-party services may be subject to their own terms and policies.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, ACCURATE, OR AVAILABLE AT ALL TIMES.

FOOD AND CONSUMABLES SAFETY NOTICE

YOU ARE SOLELY RESPONSIBLE FOR ASSESSING THE SAFETY, QUALITY, LEGALITY, AND SUITABILITY OF ANY FOOD, DRINKS, OR OTHER ITEMS YOU OBTAIN OR CONSUME THROUGH THE SERVICES.

ITEMS LISTED THROUGH THE SERVICES ARE PROVIDED BY PARTICIPATING RESTAURANTS OR FOOD BUSINESSES, NOT BY US. WE DO NOT PREPARE, STORE, INSPECT, HANDLE, OR CONTROL ANY FOOD OR OTHER ITEMS OFFERED THROUGH THE SERVICES.

WE DO NOT GUARANTEE THAT ANY ITEM WILL BE AVAILABLE, ACCURATELY DESCRIBED, PROPERLY STORED, FREE FROM ALLERGENS, OR SUITABLE FOR YOUR DIETARY NEEDS. USERS SHOULD EXERCISE CAUTION AND USE THEIR OWN JUDGMENT BEFORE CONSUMING ANYTHING.

WE ARE NOT LIABLE FOR ANY ILLNESS, FOODBORNE ILLNESS, INJURY, ALLERGIC REACTION, ADVERSE HEALTH EFFECT, OR OTHER HARM RESULTING FROM ANY FOOD, DRINKS, OR OTHER ITEMS OBTAINED THROUGH THE SERVICES.

By using the Services, you understand and voluntarily assume all risks associated with any items you obtain or consume in connection with the Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STOJANOVIC LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT, IF ANY, PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some states do not allow certain limitations of liability, so these limits may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless STOJANOVIC LLC from any claims, damages, losses, liabilities, or expenses arising from your use of the Services, your violation of these Terms, your account activity, your submission of User Content, your reservations or pickups, your interactions with restaurants, food businesses, or other users, or any food, drinks, or other items you obtain through the Services.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful to the Services or other users.

You may stop using the Services at any time.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above.

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

14. Governing Law

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

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in New Jersey, and you consent to the jurisdiction of such courts.

15. Severability

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

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and STOJANOVIC LLC regarding the Services and supersede all prior agreements and understandings.