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Terms and Conditions

Effective Date: October 8, 2026

Welcome to On & Off. These Terms and Conditions ("Terms") govern your access to and use of the On & Off mobile application, website, and related services (collectively, the "Service") operated by Shoutpoint Florida LLC, doing business as On & Off ("On & Off," "we," "our," or "us"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

IMPORTANT: Section 13 contains a binding arbitration agreement and a class action waiver that affect how disputes between you and On & Off are resolved, including limiting your ability to bring a lawsuit in court or participate in a class action. Please read it carefully. You may opt out of arbitration within 30 days as described in Section 13.5.

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least 18 years of age to create an account and use the Service. By registering, you represent and warrant that you are at least 18 years old. We may ask for proof of age and close any account that belongs to someone under 18.

Alcohol. Deals that include alcoholic drinks are only available to guests who are 21 or older. The venue checks a valid government ID before serving alcohol and may refuse service. On & Off does not sell or serve alcohol, and an alcohol deal is never a reason to serve anyone under 21.

1.2 Account Creation

To access the Service, you must create an account by providing accurate and complete information, including your name, email address, and a secure password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

1.3 One Account Per Person

Each individual may maintain only one personal account. Creating multiple accounts is prohibited and may result in the suspension or termination of all associated accounts.

1.4 Account Types

The Service supports the following account types:

Business accounts are subject to review and approval by On & Off.

2. The Service

2.1 Platform Description

On & Off is a restaurant discovery and reservation platform that connects diners with restaurants offering real-time deals and discounts. The Service enables customers to find nearby restaurants, view available deals, make reservations, and earn rewards through the XP program.

2.2 Role of On & Off

On & Off acts as a neutral facilitator connecting customers with restaurant partners. We are not a restaurant, food service provider, or employer. We do not prepare or serve food, and we are not responsible for the quality, safety, or availability of food, beverages, or services provided by restaurant partners.

2.3 Deal Availability

Deals and discounts displayed on the platform are created and managed by restaurant partners. Availability, terms, and discount amounts are set by each restaurant and may change at any time without notice. On & Off does not guarantee the availability, accuracy, or fulfillment of any deal.

3. Reservations

3.1 Making Reservations

When you make a reservation through On & Off, you agree to honor that reservation by arriving at the restaurant at the designated time with the specified party size. Your name, party size, and any special requests will be shared with the restaurant.

3.2 Cancellation Policy

Reservations may be canceled through the app. We encourage canceling as early as possible so the time slot can be made available to other users. Specific cancellation deadlines may vary by restaurant and deal type.

3.3 No-Shows and Reinstatement

Failing to honor a reservation without canceling ("no-show") negatively impacts restaurant partners and other users. No-shows are tracked on your account. If you accumulate three (3) no-shows, your account may be suspended and temporarily restricted from making new reservations.

To restore a suspended account, you may be required to pay a one-time Account Reinstatement Fee. This fee is processed through Apple In-App Purchase, and the amount is disclosed to you at the time of reinstatement before you confirm payment. We do not charge no-show penalties directly to a stored payment card.

Repeated or severe abuse may result in permanent restrictions or account termination without a reinstatement option.

3.4 Restaurant Obligations

Restaurant partners are responsible for honoring the deals and reservations made through the platform. On & Off is not liable if a restaurant fails to honor a reservation or provide the advertised discount.

4. Subscriptions and Payments

4.1 Premium

On & Off offers a Premium membership with extra features and benefits. The price, the length of the period, and whether it renews are shown to you before you pay. By purchasing, you agree to the pricing and billing terms shown at that time. After a successful purchase we send you a confirmation email with your plan, price, access dates, and how to cancel.

4.2 Automatic Renewal (Apple)

Premium bought through Apple In App Purchase is a subscription that renews automatically at the end of each period, at the price shown at purchase, until you cancel. Apple charges your Apple ID account at confirmation and at each renewal. To avoid being charged for the next period, cancel at least 24 hours before the renewal date in your iPhone Settings, then your name (Apple ID), then Subscriptions. If you cancel, you keep Premium until the end of the period you already paid for.

4.3 One Time Purchases (Card Payments Through Stripe)

Premium bought with a card through Stripe is a one time purchase for the period shown (for example, 30 days). It does not renew automatically and we will not charge you again unless you choose to buy another period. If you cancel, you keep Premium until the end of the period you paid for.

4.4 Refunds

Refunds for Apple purchases are handled by Apple under its refund policies. For card purchases through Stripe, contact support@joinonandoff.com to request a refund. Canceling does not by itself refund the current period, and you keep access until it ends.

4.5 Business Billing

Restaurant partners using the platform are subject to separate billing terms as outlined in their business agreement, including per-cover fees based on their subscription tier.

4.6 Account Reinstatement Fee

If your account is suspended due to repeated no-shows (see Section 3.3), reinstatement may require a one-time Account Reinstatement Fee processed through Apple In-App Purchase. The fee amount is disclosed to you before you confirm payment. Reinstatement fees are handled in accordance with Apple's refund policies and are otherwise non-refundable except where required by law.

5. XP Rewards Program

On & Off offers an XP (experience points) rewards program for active users. XP is earned through completing reservations, writing reviews, and other activities as designated by On & Off.

6. User Content

6.1 Content You Post

You may post reviews, ratings, photos, and other content ("User Content") through the Service. You retain ownership of your User Content, but by posting it, you grant On & Off a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute your User Content in connection with the Service and its promotion.

6.2 Content Standards

User Content must not:

We reserve the right to remove any User Content that violates these standards or these Terms, at our sole discretion and without notice. Photos you upload may be checked by automated moderation tools before they are published.

6.3 Reviews

Reviews must reflect your genuine, honest experience at a restaurant. Posting fake or misleading reviews, reviewing a restaurant you have not visited, or exchanging reviews for compensation from a restaurant is prohibited. XP earned through our rewards program is granted for participating in eligible activities, such as submitting a review, and is never conditioned on the content, rating, or sentiment of a review. A positive review is never required to earn XP.

6.4 Copyright and DMCA

We respect intellectual property rights and respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512. If you believe content on the Service infringes your copyright, send a written notice to our designated agent that includes all of the information required by 17 U.S.C. 512(c)(3):

  1. Your physical or electronic signature, as the copyright owner or a person authorized to act for the owner
  2. Identification of the copyrighted work you claim is infringed
  3. Identification of the material you claim is infringing, with enough information for us to find it (for example, a link or a screenshot of the venue page)
  4. Your name, postal address, telephone number, and email address
  5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act on the owner's behalf

Designated agent: Shoutpoint Florida LLC, Attn: DMCA Agent, 7135 Collins Ave, Miami Beach, FL 33141. Email: legal@joinonandoff.com.

If your content was removed and you believe it was a mistake or misidentification, you may send a counter notice under 17 U.S.C. 512(g). We will forward it to the person who sent the original notice and may restore the content in 10 to 14 business days unless they tell us they have filed a court action. Under 17 U.S.C. 512(i), we terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Knowingly false claims can lead to liability under 17 U.S.C. 512(f). Full details are in our DMCA Policy.

7. Prohibited Conduct

When using the Service, you agree not to:

8. Account Suspension and Termination

8.1 Suspension

We may suspend your account temporarily if we believe you have violated these Terms or engaged in suspicious activity. During suspension, you will not be able to make reservations or access certain features. You will be notified of the suspension and its duration.

8.2 Termination

We may permanently terminate your account for repeated or serious violations of these Terms, including but not limited to repeated no-shows, fraudulent activity, abusive behavior, or creating multiple accounts.

8.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Any pending reservations will be canceled. XP balances and rewards will be forfeited. Sections of these Terms that by their nature should survive termination will continue to apply.

8.4 Your Right to Terminate

You may delete your account at any time in the app (diner app: Profile, then Edit Profile, then Delete Account; business app: the Security screen) or by contacting us at legal@joinonandoff.com. Deleting your account does not cancel an Apple subscription. Cancel it separately in your Apple subscription settings. Card purchases through Stripe do not renew, so there is nothing to cancel. See our Privacy Policy for what happens to your data.

9. Intellectual Property

The Service, including its design, logos, trademarks, text, graphics, software, and all other content (excluding User Content), is owned by On & Off and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ON & OFF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless On & Off and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your User Content, or your violation of these Terms.

13. Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court, to have disputes decided by a jury, and to participate in a class action.

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 13.

13.2 Informal Resolution First

Before starting an arbitration or any legal action, you agree to first contact us at legal@joinonandoff.com and give us 30 days to resolve the dispute informally. Most concerns can be resolved this way.

13.3 Binding Arbitration

If we cannot resolve a dispute informally, you and On & Off agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court, except as set out in Sections 13.5 and 13.6. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will take place in the State of Florida, or, at your election, by telephone, videoconference, or based only on written submissions. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.4 Class Action and Jury Trial Waiver

You and On & Off agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. You and On & Off also waive any right to a trial by jury. If this class action and jury trial waiver is found unenforceable as to a particular claim, that claim, and only that claim, shall be severed and brought in a court of competent jurisdiction, while all remaining claims proceed in arbitration.

13.5 Your 30-Day Right to Opt Out

You may opt out of the arbitration agreement and class action waiver in Sections 13.3 and 13.4 by emailing legal@joinonandoff.com within 30 days of first accepting these Terms, stating your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

13.6 Small Claims and Injunctive Relief

Either party may instead bring an individual claim in a small claims court that has jurisdiction, if the claim qualifies. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized access to or misuse of the Service.

13.7 Mass Arbitration Batching

If 25 or more arbitration demands of a similar nature are filed against On & Off by or with the assistance of the same or coordinated counsel, you agree the demands will be administered in staged batches of no more than 50 demands at a time, with a single set of filing fees per batch, to reduce cost and delay. This provision does not waive any party's right to arbitrate.

13.8 Jurisdiction for Non-Arbitrable Matters

For any dispute not subject to arbitration, you and On & Off agree to the exclusive jurisdiction of the state and federal courts located in the State of Florida, and you consent to personal jurisdiction there.

14. Third-Party Services

The Service may contain links to or integrations with third-party websites, services, or content. We do not control and are not responsible for third-party services, including their privacy practices or content. Your use of third-party services is at your own risk and subject to their respective terms and policies.

15. Communications

By creating an account, you consent to receive communications from us electronically, including emails, push notifications, and in-app messages related to your account, reservations, and the Service. You can manage your communication preferences in the app settings, and every marketing email has an unsubscribe link that takes effect immediately. Transactional messages about your account, reservations, and purchases are still sent.

Automated and AI assisted messages. Some messages from On & Off are written or drafted with the help of automated systems, including AI. The WhatsApp assistant for venues is automated and says so in the chat. Venues can reply TEAM at any time to reach a person, or STOP to stop receiving messages. AI generated replies can contain mistakes. Changes to a venue listing requested through WhatsApp are only applied after the venue confirms them, and you should check important details in the app.

16. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

17. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will notify you through the app or by email and update the effective date at the top. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

18. 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.

19. Entire Agreement

These Terms, together with our Privacy Policy and DMCA Policy, constitute the entire agreement between you and On & Off regarding the Service, superseding any prior agreements.

20. Contact Us

If you have any questions about these Terms, please contact us:

Shoutpoint Florida LLC (d/b/a On & Off)
Email: legal@joinonandoff.com
General inquiries: info@joinonandoff.com
Support: support@joinonandoff.com
Website: joinonandoff.com