Terms of Use

DRAFT FOR ATTORNEY REVIEW. Not legal advice. Not yet in effect. Prepared 2026-10-24 for Gorin Collective LLC. Placeholders: Nearific, nearific.app, erick@gorincollective.com, Draft, not yet in effect.

Points for counsel

1. Dispute resolution: this draft uses Arizona courts with an informal-resolution step. Decide whether to add binding arbitration and a class-action waiver, and the opt-out mechanics if so.
2. Age: the draft sets 13+ with parental consent for 13 to 17. Confirm this is right for a service that will carry bar and restaurant offers, and whether alcohol offers need a stronger gate than a self-declared age band.
3. Coupon and gift-certificate law: claims have no cash value and expire within hours. Confirm that state gift-card and coupon-expiration rules do not reach this structure.
4. Confirm the limitation-of-liability floor and the consumer-protection carve-outs for Arizona and for California users.
5. Location data consent language in §6 should match the Privacy Policy and any app-store requirements once native apps exist.

Effective date: Draft, not yet in effect

1. Who we are and what these terms cover

Nearific (the "Service") is operated by Gorin Collective LLC, an Arizona limited liability company based in Phoenix, Arizona ("we", "us"). These Terms of Use (the "Terms") govern your use of the Service at nearific.app, as an installed web app, and in any mobile apps we release. Our Privacy Policy explains how we handle information and is part of these Terms.

By using the Service you agree to these Terms. If you do not agree, do not use the Service.

2. What the Service is

The Service shows you time-limited offers from local businesses near a place you choose or near your current location, and lets you claim an offer and show it at the business to redeem it.

The offers are made by the businesses, not by us. Each business decides what to offer, to how many people, and for how long. We are a platform that connects you with those offers. We do not sell the goods or services, we do not process your payment to the business, and we are not a party to any purchase you make.

3. Who can use the Service

• You must be at least 13 years old. If you are under 18, you may use the Service only with a parent's or guardian's permission.
• Offers for alcohol, tobacco or other age-restricted products are available only to users who meet the legal age in Arizona and who have indicated an eligible age band. Businesses remain responsible for verifying age at the counter.
• The Service is intended for use in the United States.

4. Using the Service without an account

You can use the Service without creating an account. When you first visit, we create an anonymous identifier for your device and store it in a cookie so that we can remember your preferences, record your claims, and let a business confirm your redemption. You can delete this identifier at any time from Your data in the app ("Forget this device"). Doing so ends any active claims.

You may optionally add a first name and an age range, and you may later create an account with an email address. The Privacy Policy describes what each of these does and who can see it.

5. Offers and claims

• Claiming an offer reserves it for you until the time shown on your claim screen ("Redeem by"). After that time the claim expires and cannot be redeemed. There is no grace period.
• Redeeming means showing your claim screen at the business and letting its staff enter your code (or enter their PIN on your screen). A claim can be redeemed once.
• Claims have no cash value, cannot be transferred, sold, combined, or exchanged for cash or credit, and may be limited to one per device per offer. Businesses may set additional conditions, which are shown on the offer.
• An offer may run out before you reach the business. The number shown as remaining is updated in real time but is not a guarantee.
• If a business does not honor a valid, unexpired claim, tell us through the "Not honored" button on your claim screen or at erick@gorincollective.com. We will review it and may remove the business from the Service. Because you do not pay us for claims, we do not issue refunds, and we are not responsible for the business's failure to honor an offer. Any dispute about goods or services you purchase is between you and the business.
• Businesses decide the terms of their offers and may stop accepting new claims early. Claims you have already made remain valid until they expire.

6. Location

The Service works with a place you pick (for example, a downtown district) and does not need your precise location. If you tap "near me" or "walk me there", your browser or device will ask for permission to share your location, and we use it to show nearby offers and distances and, if you choose, to confirm that a redemption happened at the business. You can turn location off at any time in Your data or in your device settings.

7. Acceptable use

You agree not to:

• claim offers you do not intend to redeem in order to deny them to others, or make repeated claims using multiple devices or identities;
• resell, trade, or transfer claims, or redeem a claim on another person's behalf without the business's consent;
• use bots, scripts, or other automated means to access the Service or claim offers;
• interfere with the Service's security, rate limits, or redemption controls, or attempt to guess, share, or misuse any business PIN or code;
• submit false reports, impersonate anyone, or harass businesses or their staff;
• use the Service for anything unlawful.

We may limit, suspend, or end your access to the Service if we believe you have violated these Terms, without notice and without liability to you.

8. Your content and feedback

If you provide a first name, an age range, reports, ratings, or other content, you confirm you have the right to provide it and you give us a non-exclusive, royalty-free license to use it to operate and improve the Service as described in the Privacy Policy. If you send us ideas or feedback, we may use them without obligation to you.

9. Our content and intellectual property

The Service, including its software, design, text, graphics, logos, and the Nearific name, belongs to Gorin Collective LLC or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable license to use the Service as permitted by these Terms. Business names, logos, and photos belong to the businesses. Map and business listing data may be provided by third parties such as Google and are subject to their terms.

10. Third parties

The Service may link to businesses' websites, map applications, and other third-party services. We do not control them and are not responsible for their content or practices.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OFFERS WILL BE AVAILABLE OR HONORED, THAT LISTINGS ARE ACCURATE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. We are not responsible for the quality, safety, legality, or availability of any goods or services offered by businesses.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GORIN COLLECTIVE LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE OR ANY OFFER. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

13. Indemnity

You agree to defend and hold harmless Gorin Collective LLC from claims, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Service.

14. Changes to the Service and these Terms

We may change or discontinue the Service at any time. We may update these Terms; if the changes are material we will post a notice in the Service or, if you have an account, email you. Continued use after the effective date of a change means you accept it.

15. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Before filing a claim, you agree to contact us at erick@gorincollective.com and give us 30 days to try to resolve it informally. Any dispute not resolved informally will be brought in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction. [Counsel: confirm, or replace with arbitration clause and class waiver.]

16. General

If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.

17. Contact

Gorin Collective LLC, Phoenix, Arizona. Email: erick@gorincollective.com.