Terms of Service

Effective August 11, 2026 · Last updated August 11, 2026

Welcome to Spree. These Terms of Service (the "Terms") form a binding legal agreement between you and Spree Technologies, LLC, an Arizona limited liability company ("Spree," "we," "our," or "us"), and govern your access to and use of the Spree mobile application, the website at spree-app.com and related domains, and all related services, features, content, and functionality we offer (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services.

Please note: Sections 20, 21, and 22 of these Terms contain an arbitration agreement, a class action waiver, and a jury trial waiver that affect how disputes between you and Spree are resolved.

1. Eligibility and Age Verification

The Services are intended exclusively for individuals who are at least twenty-one (21) years of age. By accessing or using the Services, you represent and warrant that:

You are at least 21 years old;
You have the full legal capacity and authority to enter into a binding agreement;
You are not barred from using the Services under the laws of the United States, the State of Arizona, or any other applicable jurisdiction; and
All information you provide to us, including any information used to verify your age or identity, is true, accurate, and complete.

We reserve the right to request additional verification of your age or identity at any time and to suspend or terminate accounts that we believe, in our sole discretion, do not meet these requirements. The Services are not directed to, and we do not knowingly collect information from, individuals under 21.

2. Account Registration and Security

To access certain features of the Services, you must create an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain control of the phone number and device used to receive the one-time passcodes that authenticate your account; and (d) accept responsibility for all activities that occur under your account.

You agree to notify us immediately at [email protected] of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain control of the phone number or device used to access your account.

3. The Services

Spree is a nightlife discovery and transactional platform that connects users with partner venues, events, and promotional offerings. The Services may include, among other things:

A curated map and directory of partner venues;
Discovery of events, specials, and promotional content;
Purchase of digital passes and tickets, including fast passes, drink-paired bundles, table purchasables, and event tickets (collectively, "Purchasables");
Requests to reserve a table or bottle service at a partner venue;
QR-code based digital passes and a digital wallet feature ("SpreeTag") used for entry, check-in, and redemption at partner venues;
A loyalty and rewards program ("SpreePoints") and time-limited promotional offers ("Spree Live Specials").

3.1 Events

Certain events offered through the Services are created, ticketed, and promoted by Spree ("Spree Events"). For Spree Events, Spree is the seller of record for the ticket, and this will be identified at checkout. All other events listed in the Services are organized, operated, and sold by the applicable venue, host, or promoter, who is solely responsible for that event and for compliance with all applicable laws.

3.2 Spree Is a Technology Platform

Except with respect to ticket sales for Spree Events, we do not own, operate, control, manage, or staff any venue, event, bar, club, or other establishment listed in the Services. Venues, hosts, and promoters are independent third parties solely responsible for their own operations, policies, staffing, compliance with applicable laws, and the quality, safety, and delivery of any product or experience.

Even where Spree is the seller of record for a Spree Event, that event takes place at a venue that Spree does not own, operate, or control. The venue remains solely responsible for its premises, staffing, security, capacity, admission decisions, and the service of alcohol.

Spree does not sell, serve, furnish, or deliver alcohol. Any alcoholic beverage associated with a Purchasable, reward, or promotion is sold, served, and fulfilled solely by the applicable licensed venue, subject to that venue's own policies and applicable law, including identification checks and responsible service requirements. Amounts paid or reimbursed in connection with any alcoholic beverage are remitted to the licensed venue.

4. Purchasables, Tickets, and Payments

4.1 Seller and Merchant of Record

Except with respect to ticket sales for Spree Events as described in Section 3.1, the applicable partner venue is the seller and merchant of record for every Purchasable offered through the Services. The venue determines and is responsible for the goods, services, admission privileges, and any beverage associated with a Purchasable, and the venue is the party that fulfills it at its premises.

Spree acts solely as the venue's limited payment collection agent for the purpose of accepting payment on the venue's behalf. Your payment of the Purchasable price through the Services satisfies your payment obligation to the venue for that Purchasable, whether or not Spree has remitted the corresponding amount to the venue. Spree retains only the service fee described in Section 4.2 and the platform fee separately agreed between Spree and the venue.

For Spree Events, Spree is the seller of record for the ticket only. The venue at which the Spree Event takes place remains solely responsible for its premises, staffing, security, capacity, admission decisions, and the service of alcohol, as described in Section 3.2.

Pricing, availability, terms, and inclusions of any Purchasable are determined by the venue and Spree and may change at any time without notice. We may impose limits on Purchasables, including caps on the number sold per venue per night, per event, or per user.

4.2 Service Fee

A service fee may be added to your purchase at checkout and will be disclosed to you before you complete the transaction. The service fee is charged and retained by Spree for use of the Services and is separate from the amount payable to the venue for the Purchasable itself.

4.3 Payment Processing

Payments are processed by third-party payment processors, including Stripe, Inc. ("Stripe"). Partner venues maintain their own connected accounts through Stripe Connect. Funds attributable to a Purchasable are charged to the applicable venue's connected account, and the service fee and platform fee are deducted from that account and remitted to Spree. By making a purchase, you agree to be bound by the applicable processor's terms of service. We do not store your full payment card information. You represent that you are authorized to use any payment method you provide.

4.4 All Sales Final

Except as expressly stated in Section 4.5 or otherwise stated in writing by Spree or the applicable venue, all sales are final and non-refundable. Possession of a valid Purchasable does not guarantee admission to a venue or event. Admission may be denied at the sole discretion of the venue or its staff for any lawful reason, including but not limited to capacity limits, dress code enforcement, intoxication, identification failure, safety concerns, late arrival, behavior, or any other operational, legal, or safety policy.

4.5 Cancelled Events

If an event is cancelled, tickets purchased for that event through the Services will be refunded to the original payment method, together with any service fee charged on that purchase. Refunds are not provided where an event proceeds as scheduled, where an event is delayed, postponed, or rescheduled, or where you do not attend an event for which you hold a valid ticket. Where an event is postponed or rescheduled, your ticket will generally remain valid for the rescheduled date.

4.6 Refund and Chargeback Policy

Except as provided in Section 4.5, refund eligibility is determined by the applicable venue's policy and by Spree in our sole discretion. We may, but are not obligated to, assist with refund requests or disputes between you and a venue. Initiating a chargeback or payment dispute without first contacting us in good faith may result in suspension or permanent termination of your account, forfeiture of SpreePoints and unredeemed passes, and recovery of associated costs.

4.7 Table Reservations and Bottle Service Requests

Table offerings are made available through the Services in two forms.

A table Purchasable is a fixed-price item sold at checkout and is governed by Sections 4.1 through 4.6 in the same manner as any other Purchasable.

A bottle service reservation request is a request submitted through the Services for a table at a partner venue. A reservation request is not a purchase. No payment is collected through the Services for a reservation request, and submitting one does not create a binding reservation.

The venue may accept, modify, or decline any request in its sole discretion, based on availability, party size, arrival time, minimum spend, or any other lawful consideration. A reservation is confirmed only when the Services notify you that the venue has accepted it. Upon confirmation, a pass for the reservation is issued to your SpreeTag wallet for presentation at the venue, subject to Section 5. That pass evidences a confirmed reservation only. It is not a purchase, a payment, or a receipt for any table, beverage, package, or minimum spend, and it does not entitle you to any item or service without payment to the venue.

All amounts owed in connection with a reservation, including any minimum spend, bottle package, table charge, tax, and gratuity, are determined by the venue based on the items and services you actually receive, and are paid directly to the venue at the premises. Spree does not sell, serve, furnish, or deliver any beverage associated with a reservation, and any amount displayed in the Services in connection with a reservation reflects the venue's stated minimum or package price as provided to Spree, not a final bill.

Cancellation, rescheduling, no-show, late arrival, and minimum-spend policies are set by the venue and will be disclosed to you at the time of request. The venue may release a reserved table if your party does not arrive within the window the venue specifies. Admission to the venue and access to a reserved table remain subject to Section 4.4 and to the venue's own policies, including identification checks, dress code, capacity, and responsible service requirements.

5. SpreeTag, QR Codes, and Redemption

Each Purchasable, event ticket, confirmed table or bottle service reservation, or SpreePoints reward generates a unique QR code or other validation pass that is stored in your SpreeTag wallet. A Spree Live Special check-in pass is also generated as a QR code, but is accessed from the special on the venue's screen in the app rather than stored in your SpreeTag wallet. Each pass is single-use, time-limited, or otherwise restricted as indicated in the Services and is non-transferable except as we expressly permit.

You agree not to: (a) sell, resell, barter, transfer, or share any pass except as expressly permitted; (b) duplicate, copy, scan, or screenshot a pass for use by another person; (c) tamper with, reverse-engineer, or modify any pass or QR code; or (d) use any pass in a manner that is fraudulent, deceptive, or in violation of these Terms. We may invalidate, revoke, or refuse to honor any pass that we reasonably believe has been misused, transferred without authorization, or obtained in violation of these Terms, without refund.

6. SpreePoints and Rewards

SpreePoints are a loyalty program credit issued by Spree. SpreePoints:

Have no cash value and may not be redeemed for cash;
Are not property and confer no ownership or financial rights;
Are not gift certificates, gift cards, stored value, or prepaid access;
Are non-transferable and may not be sold, traded, or assigned;
May be adjusted, suspended, forfeited, or revoked at any time, including for fraud, abuse, account termination, or program changes.

We may modify the earning structure, redemption options, expiration terms, or any other aspect of the SpreePoints program at any time, including discontinuing the program in whole or in part.

6.1 Rewards

You may redeem SpreePoints for rewards made available in the Services. Available rewards, including any drink, ticket, or promotional benefit, are subject to venue participation, venue hours, and availability, and may be changed or withdrawn at any time.

Any reward that includes a beverage is furnished, prepared, and served solely by the applicable licensed venue, subject to that venue's own policies, staffing, and discretion, and subject to applicable law, including identification checks and responsible service requirements. A venue may refuse to honor any reward for any lawful reason, including intoxication, identification failure, capacity, or operational constraints. Spree does not sell, serve, furnish, or deliver alcohol.

6.2 Limits

Rewards that include a beverage, where offered, may be claimed no more than once per user in any rolling seven (7) day period. This limit applies across all venues and is enforced by the Services. We may impose additional limits on the number of rewards that may be claimed or redeemed per user, per venue, per night, or per period, and may exclude certain rewards, venues, or dates from eligibility. Where any published reward term would permit a claim more frequently than this Section allows, this Section controls.

6.3 Expiration

A reward pass expires seven (7) days after it is claimed, unless a shorter or longer period is stated at the time of claim. If a reward pass is not redeemed before it expires, the pass becomes void, and the SpreePoints used to claim it are not refunded or reinstated. SpreePoints themselves do not expire while your account remains open and in good standing.

6.4 Account Closure

If you delete your account, or if we suspend, deactivate, or terminate it under these Terms, all accumulated SpreePoints and all unredeemed passes and rewards associated with the account are forfeited immediately and are not refundable, transferable, or redeemable for cash. Deletion of your account does not relieve you of any payment obligation incurred before deletion.

If we suspend, deactivate, or terminate your account and you held a paid, unredeemed Purchasable at that time, you may contact us at [email protected] to request review. We will consider the circumstances of the suspension or termination and may, in our sole discretion, reinstate the item, issue a refund, or provide another resolution. Nothing in this paragraph obligates us to reinstate an account, and no resolution is available for items forfeited following your own deletion of your account or where the account was suspended or terminated for fraud, abuse, or a violation of Section 14.

7. Spree Live Specials

A "Spree Live Special" is a limited, capped promotional offer that we coordinate with a partner venue. Eligibility for a Spree Live Special generally requires arrival at the participating venue and a check-in scan at the door before the cap is reached and before the expiration time. Spree Live Specials are honored by the venue in person and typically marked by a physical wristband, stamp, or similar identifier provided by venue staff.

Spree does not guarantee the availability of any Spree Live Special. Caps fill on a first-come, first-served basis, and admission to the venue remains subject to the venue's policies and our other terms. Any beverage associated with a Spree Live Special is served solely by the licensed venue, subject to Section 3.2 and Section 6.1.

8. Text Messages and Communications

By providing your phone number and creating an account, you consent to receive text messages from Spree necessary to operate the Services, including one-time passcodes for authentication and transactional or service-related messages. Consent to receive promotional or marketing text messages, if offered, is separate and optional, and is not a condition of any purchase. Message frequency varies. Message and data rates may apply. You can opt out of non-essential text messages at any time by replying STOP, and reply HELP for help. Mobile information and text messaging opt-in data are handled as described in our Privacy Policy and are not shared with third parties or affiliates for marketing or promotional purposes.

8.1 Changing or Transferring Your Phone Number

If you stop using, cancel, sell, or transfer the mobile telephone number associated with your account, you agree to update your account information or opt out of text messages before doing so. You understand and agree that this obligation is a material part of these Terms and survives termination of your account.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SPREE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE TO YOUR MOBILE TELEPHONE NUMBER, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE OR FEDERAL LAW, ARISING FROM OUR ATTEMPTING TO CONTACT YOU AT THE NUMBER YOU PROVIDED.

8.2 Electronic Communications and Records

You consent to receive communications from us electronically, including by email, text message, push notification, and postings within the Services. You agree that any notice, agreement, disclosure, receipt, or other communication we provide to you electronically satisfies any legal requirement that the communication be in writing, and that any transaction or agreement you enter into through the Services, including your acceptance of these Terms, is an electronic transaction with full legal effect.

To access and retain electronic communications, you will need a device with internet access, a current web browser or email application, and either a printer or storage space on that device. You agree to keep the email address and phone number associated with your account current, and communications sent to that email address or phone number are deemed received.

You may withdraw your consent to receive communications electronically, or request a paper copy of any electronic record, by contacting us at [email protected]. Because the Services are provided entirely electronically, withdrawing consent means you can no longer use the Services, and we may close your account. Withdrawing consent does not affect the validity of any communication provided before we act on your request.

9. User Content

The Services allow you to submit a profile photo, profile information, and communications to us (collectively, "User Content"). You retain ownership of your User Content. By submitting User Content, you grant Spree a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, and display such User Content solely as necessary to operate and provide the Services. This license ends when you delete the applicable User Content or your account, except to the extent the content has been shared with others who have not deleted it, or where we must retain it to comply with law.

You represent and warrant that: (a) you own or have all necessary rights to your User Content; (b) your User Content does not infringe the rights of any third party, including intellectual property, privacy, or publicity rights; and (c) your User Content complies with these Terms and all applicable laws.

You may not submit User Content that is unlawful, harassing, defamatory, obscene, sexually explicit, threatening, hateful, discriminatory, deceptive, infringing, promotional or spam, or that impersonates another person. We may, but are not obligated to, review, moderate, refuse, remove, or modify User Content at any time without notice.

10. Copyright and DMCA Policy

Spree respects the intellectual property rights of others and responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). We may, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

If you believe that material available through the Services infringes a copyright you own or are authorized to act on behalf of, you may send a written notification to our designated agent containing: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

If material you submitted was removed or disabled, you may submit a counter-notification containing: (a) your physical or electronic signature; (b) identification of the material removed and the location where it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, together with a statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, the District of Arizona.

Notifications and counter-notifications should be sent to our designated agent:

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

11. Venue and Event Disclaimer

Venues, hosts, promoters, and event organizers are independent third parties. Except with respect to ticket sales for Spree Events as described in Section 3.1, Spree does not control and is not responsible for: (a) the accuracy of venue or event listings, hours, descriptions, photos, capacity, pricing, or venue-provided wait time estimates; (b) admission decisions, including denial of entry; (c) the safety, conduct, or experience at any venue or event; (d) the quality of any food, beverage, or service provided; (e) the cancellation, modification, postponement, or rescheduling of any event or promotion; or (f) any interaction between you and any venue, host, promoter, performer, sponsor, or other user. Your attendance at any venue or event is at your own risk.

With respect to Spree Events, Spree is responsible only for the sale of the ticket and for refunds as described in Section 4.5. The venue at which a Spree Event takes place remains solely responsible for its premises, staffing, security, capacity, admission decisions, and the service of alcohol.

12. Assumption of Risk

You acknowledge that nightlife environments involve inherent risks, including but not limited to alcohol service and consumption, large crowds, loud noise, low lighting, physical altercations, security and law enforcement activity, slip and fall hazards, accidents, illness, and interactions with intoxicated or unknown third parties.

By using the Services and attending any venue or event identified through the Services, including any Spree Event, you knowingly and voluntarily assume all such risks. You agree that Spree is not liable for any personal injury, illness, property damage, loss, or harm arising from or related to your attendance at, or conduct in or around, any venue or event, including any Spree Event, and including any harm arising from your consumption of alcohol or that of any other person.

13. Photography, Recording, and Likeness Release

If you attend an event that Spree hosts, produces, sponsors, or promotes, or a promotional activation, launch event, street team activity, or similar activity operated by Spree or its partners (each, a "Spree Activity"), you acknowledge that Spree, its partners, and their respective personnel and contractors may photograph, film, audio record, or otherwise capture the Spree Activity, and that your name, image, likeness, voice, appearance, and statements may be captured.

You irrevocably grant Spree and its partners, successors, assigns, and licensees the right to use, reproduce, edit, adapt, publish, distribute, display, and otherwise exploit such photographs, recordings, and your name, image, likeness, and voice, in whole or in part, for promotional, marketing, advertising, editorial, archival, and business purposes, in any medium now known or later developed, worldwide, in perpetuity, without further notice, approval, review, or compensation of any kind.

You waive any right to inspect or approve any finished product or copy that may be used in connection with the foregoing, and you release Spree and its partners from any claim arising out of such use, including claims for defamation, invasion of privacy, right of publicity, or false light.

If you do not wish to be photographed or recorded, notify Spree staff on site, or contact us at [email protected]. This Section does not apply to photographs or recordings you submit yourself, which are governed by Section 9.

14. Prohibited Conduct

You agree not to, and not to attempt to:

Violate any applicable law, regulation, or third-party right;
Misrepresent your age, identity, or affiliation;
Resell, transfer, or commercially exploit any Purchasable, pass, reward, or content except as expressly permitted;
Reverse engineer, decompile, disassemble, scrape, crawl, or otherwise extract code, data, or content from the Services, except to the extent expressly permitted by applicable law;
Use any automated means, including bots, scrapers, or crawlers, to access or interact with the Services;
Interfere with, disrupt, or impose an unreasonable load on the Services, our infrastructure, or any partner venue's operations;
Attempt to gain unauthorized access to any account, system, or data;
Harass, threaten, defraud, or impersonate any other user, venue, staff member, or Spree personnel;
Use the Services in connection with any activity that violates applicable alcohol, gaming, or controlled substance laws;
Obtain, claim, or redeem any reward, pass, or promotional benefit through fraud, manipulation, or abuse of the SpreePoints or referral programs;
Submit false, misleading, or fraudulent information in any User Content or account record.

Violation of this Section may result in immediate suspension or termination, forfeiture of SpreePoints and passes, and referral to law enforcement, in addition to any other remedies available to us.

15. Intellectual Property

The Services, including all software, code, designs, graphics, logos, marks, text, sound, video, data, and other content (other than User Content), are owned by Spree or its licensors and are protected by United States and international intellectual property laws. "Spree," the Spree logo, "SpreeTag," "SpreePoints," "Spree Live Special," and related names and marks are trademarks of Spree.

Subject to your compliance with these Terms, Spree grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. No other rights are granted by implication or otherwise. All rights not expressly granted are reserved.

15.1 Feedback

If you send us questions, comments, suggestions, ideas, feature requests, bug reports, or other feedback about the Services or our business ("Feedback"), that Feedback is non-confidential and becomes our sole property. You assign to Spree all right, title, and interest in and to Feedback, including all intellectual property rights, and waive any moral rights you may have in it. We may use, modify, disclose, license, and otherwise exploit Feedback for any lawful purpose, commercial or otherwise, without acknowledgment, restriction, or compensation to you.

You represent that any Feedback you submit is original to you or that you otherwise have the right to submit it. You agree that you have no claim against us arising from any alleged infringement or misappropriation of any proprietary right in Feedback. Feedback is not User Content under Section 9.

16. Third-Party Services and Platforms

The Services may rely on or integrate with third-party services, including the Apple App Store, Google Play, Stripe, Mapbox, Amazon Web Services, and others. Your use of any third-party service is governed by that provider's terms and privacy practices. Spree is not responsible for third-party services or content.

16.1 General Acknowledgment

If you download or access the Spree app through the Apple App Store or Google Play (each, an "App Provider"), you acknowledge that these Terms are between you and Spree only, and not with any App Provider, and that Spree, not the App Provider, is solely responsible for the Services and their content.

16.2 Additional Terms for Apple App Store Users

The following additional terms apply if you access the Spree app through the Apple App Store. In the event of a conflict between this Section and any other provision of these Terms, this Section controls as to your use of the app obtained from the Apple App Store.

Scope of license. The license granted to you in Section 15 is limited to a non-transferable license to use the Spree app on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and support. Spree is solely responsible for providing any maintenance and support services for the app. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the app. You may contact Spree at [email protected] for support.
Warranty. Spree is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Spree's sole responsibility.
Product claims. Spree, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of the app, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the app's use of the HealthKit and HomeKit frameworks, if applicable.
Intellectual property claims. In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, Spree, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16.3 Additional Terms for Google Play Users

The following additional terms apply if you access the Spree app through Google Play. Your use of the app is subject to the Google Play Terms of Service. You acknowledge that Google is not a party to these Terms, has no responsibility or liability for the app or these Terms, and that Spree, not Google, is solely responsible for the app, its content, and any maintenance, support, or claims relating to it.

16.4 Export Compliance

You represent and warrant that you will not use, export, re-export, or transfer the Spree app or any related technology in violation of U.S. export control or sanctions laws and regulations, including the Export Administration Regulations and the regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control.

17. Force Majeure

Spree shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, fire, flood, severe weather, earthquake, pandemic, public health order, government action, law enforcement order, fire marshal or capacity order, venue closure, riot, civil unrest, war, terrorism, labor dispute, internet or telecommunications outage, third-party service failure, payment processor failure, hardware or software failure, or supply chain disruption. In any such event, Services or transactions may be delayed, modified, suspended, or cancelled without liability.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SPREE AND ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY VENUE OR EVENT INFORMATION IS ACCURATE OR COMPLETE.

Estimated wait times displayed in the Services are provided by the applicable venue and reflect that venue's own assessment at the time it was entered. They are estimates only. Spree does not measure, verify, or independently confirm wait times, they may become inaccurate at any time, and they are not a guarantee of the actual wait you will experience or of admission to any venue.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPREE OR ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SPREE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

20. Dispute Resolution; Binding Arbitration

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court.

20.1 Informal Resolution

Before initiating any formal proceeding, you agree to first contact us at [email protected] with a written description of the dispute, the email address associated with your account, and the specific relief sought, and to attempt to resolve the dispute informally for at least sixty (60) days. Good faith participation in this process is a condition precedent to initiating arbitration or litigation.

20.2 Binding Arbitration

If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures or, if applicable, its Streamlined Arbitration Rules, before a single arbitrator. This arbitration agreement is governed by the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.

20.3 Hearings and Location

Arbitration proceedings will be conducted by videoconference or telephone unless the arbitrator determines that an in-person hearing is necessary or the parties agree otherwise. If an in-person hearing is held, it will take place in the county where you reside or, if no arbitrator is available in that county, at the closest available location in your state, unless you and Spree agree otherwise.

20.4 Class Arbitration Waiver

ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF.

20.5 Mass Filings

If one hundred (100) or more similar arbitration demands asserting substantially similar claims and seeking substantially similar relief are submitted against Spree by or with the coordination of the same law firm or organization within a reasonably close period, the parties agree that such demands will be administered in batches of one hundred (100) demands, with one arbitrator designated per batch and one batch filed, processed, and adjudicated at a time. Applicable fees are due only once a demand is included in a batch designated for adjudication. Any statute of limitations applicable to a demand included in a mass filing is tolled until that demand is decided, withdrawn, or settled. Disagreements about the application of this Section will be resolved by a JAMS procedural arbitrator.

20.6 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for disputes within that court's jurisdiction; and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights, trade secrets, or to prevent unauthorized use or abuse of the Services.

20.7 Opt-Out

You may opt out of this Section 20 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The notice must state your full name, account email, and a clear statement that you are opting out of arbitration. Opting out of this Section 20 will not affect any other provision of these Terms, including Sections 21 and 22.

20.8 Severability

If Section 20.4 is held unenforceable, then this Section 20 shall be null and void in its entirety, and the dispute shall proceed in court. In that event, Sections 21 and 22 shall remain in full force and effect, and the remainder of these Terms shall be unaffected. If any other provision of this Section 20 is held unenforceable, that provision shall be severed and the remainder of this Section 20 shall remain in effect.

21. Class Action Waiver

This Section applies to any dispute between you and Spree that is not subject to arbitration for any reason, including where Section 20 is held null and void, where you have opted out under Section 20.7, or where a claim falls within the exceptions in Section 20.6.

YOU AGREE THAT ANY SUCH DISPUTE MAY BE PURSUED ONLY ON AN INDIVIDUAL BASIS. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS INDEPENDENT OF, AND SURVIVES, ANY DETERMINATION THAT SECTION 20 IS UNENFORCEABLE.

22. Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPREE EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. THIS WAIVER IS INDEPENDENT OF, AND SURVIVES, ANY DETERMINATION THAT SECTION 20 OR SECTION 21 IS UNENFORCEABLE.

23. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law principles. For any claim not subject to arbitration under Section 20, you and Spree consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona.

24. Indemnification

You agree to defend, indemnify, and hold harmless Spree and its affiliates, officers, members, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or third-party right; or (e) your conduct at, or in connection with, any venue or event, including any Spree Event.

25. Termination

We may suspend, restrict, or terminate your account or your access to the Services at any time, with or without notice, for any reason, including suspected violation of these Terms, fraud, abuse, legal compulsion, or risk to the Services or other users. You may stop using the Services at any time and may delete your account directly in the Spree app through your account settings. Sections that by their nature should survive termination, including those relating to intellectual property, the User Content license, the likeness release, forfeiture of SpreePoints and passes, disclaimers, limitations of liability, indemnification, dispute resolution, the class action and jury trial waivers, and governing law, shall survive termination.

26. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Services or by other reasonable means. The "Last Updated" date at the top of these Terms indicates when they were last revised. Your continued access to or use of the Services after the effective date of any update constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.

27. Miscellaneous

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Spree regarding the Services and supersede all prior agreements and understandings.
Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver. Our failure to enforce any provision is not a waiver of that or any other provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
Notices. We may provide notices to you through the Services or to the email address associated with your account. You may contact us at [email protected].
Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, employment, agency, or franchise relationship between you and Spree, or between Spree and any venue, host, or promoter, except for the limited payment collection agency described in Section 4.1.
Headings. Headings are for convenience only and do not affect interpretation.

28. Contact

Spree Technologies, LLC
9393 N 90th St, Suite 102 #37
Scottsdale, AZ 85258
[email protected]