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TERMS & CONDITIONS

Terms and Conditions

Last Updated: October 2025

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1. Acceptance of Terms

Welcome to EP Club LLC ("we," "our," or "us"). By accessing or using our mobile application and website (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and EP Club LLC, a company organized under the laws of California. We reserve the right to modify these Terms at any time. Material changes will be communicated as described in Section 18 below, and your continued use of the Service after changes are posted constitutes acceptance of those changes.

 

2. Eligibility

You must be at least 13 years old to use our Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you represent that you have your parent or legal guardian's permission to use the Service and that they have reviewed and agreed to these Terms on your behalf.

By using the Service, you represent and warrant that:

  • You are at least 13 years of age

  • You have the legal capacity to enter into these Terms

  • You will provide accurate and complete information

  • You will comply with all applicable laws and regulations

  • If you are accessing the Service on behalf of a business or entity, you have authority to bind that entity to these Terms

 

3. Account Registration

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration

  • Maintain and update your information to keep it accurate and current

  • Keep your password secure and confidential

  • Choose a unique username (3-20 characters, alphanumeric and underscores only)

  • Notify us immediately at concierge@epclub.com of any unauthorized use of your account

  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, remain inactive for extended periods, or pose security risks. We will provide reasonable notice before termination except in cases of severe violations or legal requirements.

 

4. User Conduct

You agree NOT to:

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international laws

  • Post false, misleading, defamatory, or fraudulent content

  • Harass, threaten, abuse, or harm other users

  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity

  • Upload or transmit viruses, malware, or any malicious code

  • Attempt to gain unauthorized access to our systems, servers, or networks

  • Scrape, mine, crawl, or harvest data from the Service using automated means

  • Manipulate the XP/points system through cheating, fraud, or exploitation of bugs

  • Submit false location check-ins, visit records, or ratings

  • Spam or send unsolicited communications to other users

  • Interfere with or disrupt other users' enjoyment of the Service

  • Reverse engineer, decompile, or disassemble any part of the Service

  • Use the Service to compete with EP Club LLC or develop a competing product

  • Violate any applicable export control or sanctions laws

 

5. User-Generated Content

When you submit content to our Service (including visit records, ratings, notes, photos, comments, AI assistant conversations, and other data), you grant EP Club LLC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

  • Use, reproduce, modify, adapt, and display your content

  • Create derivative works based on your content

  • Distribute and publicly perform your content in connection with the Service

  • Use your content to improve, promote, and market our Service

This license continues even if you stop using our Service, but only for content you have shared publicly. You may request deletion of your content as described in our Privacy Policy.

You represent and warrant that:

  • You own or have the necessary rights to all content you submit

  • Your content does not violate any third-party rights (including intellectual property, privacy, or publicity rights)

  • Your content does not contain illegal, harmful, or obscene material

  • Your content complies with all applicable laws and regulations

We reserve the right to remove any content that violates these Terms, is otherwise objectionable, infringes on third-party rights, or is required to be removed by law, in our sole discretion. We are not obligated to monitor user content but reserve the right to do so.

5.1 Content Deletion

You may delete your user-generated content at any time through the Service. Upon deletion:

  • Content will be removed from public view within 48 hours

  • Content may persist in backup systems for up to 90 days

  • We may retain aggregated or anonymized data derived from your content

  • Content may remain if required by law or to resolve disputes

6. Intellectual Property

All content, features, and functionality of the Service (including but not limited to text, graphics, logos, icons, images, audio, video, software, algorithms, and design) are owned by EP Club LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

"EP Club," "EP Club LLC," our logo, and other marks are trademarks of EP Club LLC. You may not use our trademarks without our prior written permission.

Location data, ratings, and curated lists may include content from third-party sources such as Michelin Guide, The World's 50 Best Restaurants, and other restaurant rating organizations. Such content is the property of their respective owners and is used under license or fair use principles.

6.1 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant EP Club LLC a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Service without compensation or attribution to you.

 

7. XP & Gamification System

Our Service includes an experience points (XP) system, achievements, and leaderboards. You acknowledge and agree that:

  • XP, points, achievements, and badges have no monetary value whatsoever

  • XP cannot be exchanged for cash, cryptocurrency, or any real-world items

  • We may adjust point values, scoring rules, or game mechanics at any time without notice

  • XP earned through cheating, fraud, bug exploitation, or manipulation will be forfeited

  • We reserve the right to reset, adjust, or remove your XP if we detect violations or errors

  • Achievement progress is calculated based on verified visit data and activity

  • Leaderboard rankings may be reset periodically

  • Virtual items and achievements may be modified or discontinued at our discretion

 

8. Elite Membership

EP Club LLC offers an Elite membership tier with enhanced features and benefits. By joining the Elite waitlist or purchasing Elite membership, you agree that:

  • Waitlist placement does not guarantee membership approval

  • We reserve the right to approve or deny Elite membership applications based on activity, community standing, and other factors

  • Elite membership requires a paid subscription with pricing to be determined

  • Subscription fees are non-refundable except as required by law or as stated in our refund policy

  • You may cancel your Elite membership at any time, with access continuing until the end of your current billing period

  • Pricing, benefits, and features are subject to change with 30 days' notice to active Elite members

  • Elite members must continue to comply with these Terms and our Community Guidelines

  • Elite status may be revoked immediately for violations of these Terms, with a pro-rated refund for the unused portion of your subscription period

  • Free trial periods, if offered, may be limited to new members and require valid payment information

8.1 Elite Membership Refund Policy

  • Cancellation: You may cancel Elite membership at any time through your account settings

  • Refunds: Generally non-refundable, except within 7 days of initial purchase if you have not used any Elite features

  • Termination for Cause: No refund will be provided if we terminate your Elite membership due to violations of these Terms

 

9. Location Data & Services

Our Service provides location-based features using third-party mapping services (Mapbox) and curated location databases. You acknowledge that:

  • Location data may not always be accurate, complete, or up-to-date

  • Restaurant ratings, reviews, and information are provided "as is" without warranty

  • We are not responsible for errors, omissions, or changes in third-party data sources

  • User-submitted location data may contain inaccuracies or subjective opinions

  • We do not guarantee the availability, quality, safety, or suitability of listed establishments

  • You are responsible for verifying all information before visiting locations

  • We are not liable for any experiences, transactions, or incidents at third-party locations

  • Businesses listed on the Service may close, relocate, or change without notice

 

10. AI Assistant (Beta)

Our AI-powered assistant feature is currently in beta and is provided for informational and entertainment purposes only. You acknowledge that:

  • AI responses may not always be accurate, complete, or appropriate for your needs

  • AI recommendations are not professional advice (medical, legal, financial, or otherwise)

  • You should verify important information independently before relying on it

  • Conversation history may be logged and used to improve our Service, as described in our Privacy Policy

  • The AI assistant is in beta and subject to limitations, errors, and changes

  • We use Azure OpenAI services to power the assistant

  • We do not guarantee availability or response quality of the AI assistant

  • AI-generated content may sometimes produce unexpected or inappropriate responses

  • You should not share sensitive personal information with the AI assistant

 

11. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.

Key privacy points:

  • We collect personal information as detailed in our Privacy Policy

  • You have rights to access, correct, and delete your data

  • We use industry-standard security measures to protect your information

  • We do not sell your personal information to third parties

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12. Third-Party Services

Our Service integrates with third-party services, including:

  • Supabase: Database, authentication, and storage infrastructure

  • PostHog: Analytics and user behavior tracking

  • Azure OpenAI: AI assistant functionality

  • Mapbox: Maps and location services

  • Bunny CDN: Content delivery and image optimization

We are not responsible for the practices, content, or services of third parties. Your use of third-party services is subject to their respective terms and privacy policies. We do not endorse or warrant any third-party services, and any issues with third-party services should be directed to those providers.

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13. Beta Features

From time to time, we may offer features designated as beta, pilot, limited release, or similar ("Beta Features"). You understand and agree that:

  • Beta Features are provided "as is" and may contain bugs or errors

  • Beta Features may be modified, discontinued, or never released publicly

  • We make no guarantees about the performance or availability of Beta Features

  • Your use of Beta Features is at your own risk

  • Feedback on Beta Features may be used without compensation

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14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement

  • Warranties regarding accuracy, reliability, completeness, or availability of the Service

  • Warranties that the Service will be uninterrupted, secure, or error-free

  • Warranties regarding the quality, safety, or suitability of locations, recommendations, or user content

  • Warranties that defects or errors will be corrected

  • Warranties regarding third-party services or content

We do not guarantee that the Service will meet your requirements, that any errors will be corrected, or that the Service or our servers are free of viruses or harmful components.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, such warranties will be limited to the maximum extent permitted by applicable law.

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15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EP CLUB LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, exemplary, or punitive damages

  • Loss of profits, revenue, data, use, goodwill, or other intangible losses

  • Service interruptions, downtime, or data loss

  • Damages resulting from user content, conduct, or third-party services

  • Damages arising from your use or inability to use the Service

  • Unauthorized access to or alteration of your data or communications

  • Any damages arising from experiences at third-party locations listed on the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid us in the past 12 months, OR

  • $100 USD

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless EP Club LLC and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to:

  • Your use or misuse of the Service

  • Your violation of these Terms

  • Your violation of any law, regulation, or third-party rights

  • Your user-generated content

  • Your fraudulent, illegal, or negligent activities

  • Any breach of your representations and warranties in these Terms

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

17. Termination

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17.1 Termination by You

You may terminate your account at any time by:

Upon termination by you, your account and data will be deleted in accordance with our Privacy Policy.

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17.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for the following reasons:

  • Violation of these Terms or our Community Guidelines

  • Fraudulent, illegal, or harmful activity

  • Abuse, harassment, or threats directed at other users or our staff

  • Chargebacks or payment disputes

  • Prolonged inactivity (over 24 months)

  • Security risks or technical issues

  • At our discretion to protect the Service or our users

We will provide reasonable notice before termination except in cases involving severe violations, legal requirements, or security threats.

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17.3 Effects of Termination

Upon termination:

  • Your right to access and use the Service will immediately cease

  • Your user-generated content may be deleted or anonymized

  • You remain liable for any obligations incurred prior to termination

  • Sections 5 (User Content License), 6 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 18 (Dispute Resolution), and 20 (Miscellaneous) will survive termination

18. Dispute Resolution & Governing Law

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18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

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18.2 Informal Resolution

Before filing a claim, you agree to contact us at concierge@epclub.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or EP Club LLC may bring a formal proceeding.

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18.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (except as specified below) shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms.

Arbitration Details:

  • Location: Sacramento, California

  • Rules: AAA Consumer Arbitration Rules

  • Arbitrator: A single, neutral arbitrator

  • Language: English

  • Costs: AAA rules govern payment of fees and costs

  • Award: The arbitrator's decision is final and binding

Exceptions to Arbitration:

The following disputes are not subject to arbitration:

  • Small claims court matters within jurisdictional limits

  • Intellectual property disputes (trademark, copyright, patent, trade secret)

  • Injunctive or equitable relief to prevent unauthorized use or abuse of the Service

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18.4 Class Action Waiver

YOU AND EP CLUB LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and EP Club LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

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18.5 Opt-Out of Arbitration

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to:

EP Club LLC
Attn: Legal Department - Arbitration Opt-Out
2108 N ST STE N
SACRAMENTO, CA 95816

Your notice must include your name, address, username, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms still apply, and disputes will be resolved in court as described below.

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18.6 Jurisdiction and Venue

If arbitration does not apply (either because you opted out or the dispute falls under an exception), you agree that any judicial proceeding will be brought exclusively in the state or federal courts located in Sacramento County, California, and you consent to the personal jurisdiction and venue of those courts.

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18.7 GDPR and EU Users

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, the arbitration and class action waiver provisions may not apply to you, and you may have additional rights under local law. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.

19. Export Controls

You agree to comply with all applicable export control and sanctions laws and regulations, including those of the United States. You represent that you are not:

  • Located in a country subject to U.S. embargo or designated as a "terrorist supporting" country

  • Listed on any U.S. government list of prohibited or restricted parties

 

20. Digital Millennium Copyright Act (DMCA)

We respect intellectual property rights. If you believe that content on our Service infringes your copyright, please send a DMCA notice to:

EP Club LLC
DMCA Agent
2108 N ST STE N
SACRAMENTO, CA 95816
Email: concierge@enprimeurclub.com

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Your notice must include:

  • Your physical or electronic signature

  • Identification of the copyrighted work claimed to have been infringed

  • Identification of the allegedly infringing material and its location on the Service

  • Your contact information (address, telephone number, email)

  • A statement that you have a good faith belief that use of the material is not authorized

  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act and may remove or disable access to allegedly infringing content.

 

21. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last Updated" date at the top of this page

  • Notify you through the Service, by email, or other reasonable means

  • Provide at least 30 days' notice before material changes take effect (except for legal or security reasons)

Your continued use of the Service after the notice period constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

Non-material changes (such as clarifications or corrections) may take effect immediately upon posting.

 

22. Miscellaneous

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22.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

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22.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and EP Club LLC regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals (whether oral, written, or electronic) between you and us.

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22.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it later. Any waiver of any provision will be effective only if in writing and signed by an authorized representative of EP Club LLC.

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22.4 Assignment

You may not assign, transfer, or delegate these Terms or your account without our prior written consent. Any attempted assignment in violation of this section is void. We may assign these Terms, in whole or in part, to any successor, affiliate, or third party in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law, without your consent.

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22.5 Force Majeure

EP Club LLC will not be liable for any failure or delay in performing obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, government actions, or failures of third-party services or infrastructure.

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22.6 Survival

The following sections survive termination of these Terms: Section 5 (User-Generated Content), Section 6 (Intellectual Property), Section 14 (Disclaimers), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 18 (Dispute Resolution & Governing Law), and Section 22 (Miscellaneous).

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22.7 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

 

22.8 Contact for Legal Notices

All legal notices to EP Club LLC under these Terms should be sent to:

EP Club LLC
Attn: Legal Department
2108 N ST STE N
SACRAMENTO, CA 95816
Email: concierge@enprimeurclub.com

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23. Contact Information

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

Email: concierge@epclub.com
Company: EP Club LLC
Address: 2108 N ST STE N, SACRAMENTO, CA 95816
Website: www.enprimeurclub.com

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By using EP Club LLC's Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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