Terms of service

The plain version. You pay a monthly membership. Each month you get credits to use on curated items at partner restaurants during their member hours. Credits are a benefit of membership, not money. Cancel any time from the app.

Section 15 asks you to resolve disputes through individual arbitration instead of court. You can opt out within 30 days of joining. Please read it.

RSTRNT PASS INC. ("RSTRNT PASS", "we", "us") is a Delaware corporation based in Houston, Texas. We run a members-only dining membership. Members get access to curated items at partner restaurants during the hours each restaurant chooses to open to members.

These Terms of Service ("Terms") govern your use of the RSTRNT PASS app, website, membership, credits, and everything that comes with them (together, the "Service"). When you create an account or use the Service, you agree to these Terms and to our Privacy Policy.

These Terms are for members. Partner restaurants have their own agreement with us. Nothing here creates obligations between you and a restaurant beyond the normal relationship between a restaurant and its guest.

You must be at least 18 to create an account or use the Service. By using it you confirm that you are 18 or older and able to enter into this agreement. If we learn an account belongs to someone under 18, we will close it.

Give us accurate details when you sign up and keep them current. One person, one account. You sign in with a one-time code sent to your phone number. Keep that number current, do not share the codes, and tell us if you lose access to it. You are responsible for what happens under your account.

A RSTRNT PASS membership is a monthly subscription to a dining access programme. Each tier includes a monthly allocation of credits you can use on curated items at partner restaurants. Current tiers, prices, and allocations are shown in the app when you subscribe.

You are paying for a membership. Credits are one of the things that come with it.

Credits let you select curated items at partner restaurants. To be clear about what they are and are not:

• Credits have no cash value. They are not currency, a balance, a deposit, a gift card, or a stored value product of any kind.
• You cannot buy credits on their own, cash them out, or put them toward a restaurant bill. They only work on curated items listed in the app.
• Credits belong to you alone. They cannot be transferred, gifted, sold, or shared.
• Credits arrive at the start of each billing period and expire at the end of it. Unused credits do not carry over.
• If your membership ends for any reason, any remaining credits are gone.
• We do not assign a dollar value to a credit, and the number of credits an item needs may change.

Because credits are a membership perk rather than something you buy and hold, they are not a gift card or stored value product under Texas law. If a court or regulator ever decides otherwise, we may adjust how credits work so we stay compliant.

Choose your item in the app before you arrive, for a visit within the restaurant's member hours. Selections cannot be made once you are at the restaurant. The restaurant confirms it on their side ahead of your visit. There is no code, voucher, or card to present, and nothing about your membership needs to come up at the table.

Partner restaurants, their member hours, and the items on offer change over time, and availability is not guaranteed. If a restaurant cannot honour a confirmed selection (capacity, a menu change, a closure), the credits go back to your account for the current period.

At the restaurant, you are their guest. Anything you order beyond the curated item is yours to pay for and tip on, and house rules apply. RSTRNT PASS does not cook, serve, or sell food or drink, and is not responsible for the quality, safety, allergens, or availability of anything a restaurant serves.

If an item includes an alcoholic drink, the restaurant serves it under its own licence and can decline to serve anyone. You must meet the legal drinking age and show ID if asked.

After a visit you can upload a photo of your receipt in the app. This is how we understand how members use partner restaurants and how we settle with them. Some member features may require it. A few rules:

• Only upload a genuine receipt from a visit you personally made on your own membership.
• Do not alter, fabricate, reuse, or upload someone else's receipt.
• Receipts are read automatically and checked by our team. We may reject one that is unreadable, incomplete, duplicated, or does not match the visit.
• We keep receipt images and the data from them as described in the Privacy Policy.

Receipt fraud is a serious breach of these Terms and grounds for immediate termination.

Paid memberships renew automatically each month on your billing date until you cancel. By subscribing you authorise us and our payment processor to charge the membership fee to your payment method for each renewal.

Before your first charge we show you the price, that it renews monthly until cancelled, and how to cancel. We send the same details in a confirmation email.

If a payment fails we may retry it and pause your credits until it goes through. If it keeps failing, we may cancel the membership.

Prices are in US dollars and exclude any applicable tax.

Cancel from account settings in the app, or by emailing hello@rstrntpass.com. Cancellation takes effect at the end of your current billing period, and you keep your access and any remaining credits until then. Cancelling is at least as easy as signing up.

Membership fees are not refundable unless the law requires it or we choose to refund you. Unused credits are not refunded.

You can delete your account any time from within the app. This cancels any active membership and permanently removes your profile and credits, subject to the retention rules in the Privacy Policy.

We may change prices, tiers, monthly allocations, the credits an item needs, partner restaurants, member hours, and other features of the programme. For a price increase or a reduction to your tier's allocation, we give at least 30 days notice by email. If you keep your membership after the change takes effect, you accept it. If you do not, cancel before that date and you will not be charged the new price.

Changes to restaurants, hours, and item availability can happen right away without notice.

Partner restaurants are independent businesses, not our agents or employees, and we do not control how they run. Each is responsible for its own premises, food, service, staff, licences, and compliance with health, safety, alcohol, and accessibility laws.

Any issue with food, service, an allergen, an injury on site, or a restaurant's conduct is between you and the restaurant. We are happy to help where we can, and we want to hear your feedback, but we are not a party to that dispute.

You agree not to:

• share your account or credits, or use someone else's
• use the Service for any commercial purpose, including reselling access
• abuse, harass, or disrespect restaurant staff or other members
• upload false receipts or otherwise game the programme
• reverse engineer, scrape, or interfere with the app or our systems
• misrepresent the programme, its pricing, or a restaurant's terms
• break the law while using the Service

We may suspend or end an account for any breach. If a restaurant asks us to stop serving a member, we will generally honour that.

The RSTRNT PASS name, wordmark, app, website, and design belong to RSTRNT PASS INC. or its licensors. You get a limited, personal, non-transferable licence to use the app and website as a member, and nothing more.

If you submit reviews, photos, or other content (receipts are covered separately in Section 6 and the Privacy Policy), you give us a worldwide, royalty-free licence to use, show, and adapt it in connection with the Service and our marketing, and you confirm you have the right to do that.

If you download the app from the Apple App Store, Apple is not a party to these Terms and does not provide support for the Service. Apple and its subsidiaries are third-party beneficiaries and may enforce these Terms against you. Membership fees are billed by RSTRNT PASS for services you use in person at restaurants, not as an in-app purchase.

We use trusted third-party providers for things like sign-in, payments, email, and receipt reading. Where you interact with one directly, their terms apply too.

THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESTAURANT OR ITEM WILL BE AVAILABLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, RSTRNT PASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS, OR GOODWILL, ARISING FROM THE SERVICE OR ANY PARTNER RESTAURANT. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE MEMBERSHIP FEES YOU PAID US IN THE THREE MONTHS BEFORE THE EVENT, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Some places do not allow these limits, in which case they apply only as far as the law permits. Nothing here limits liability for fraud, gross negligence, or wilful misconduct.

You agree to cover us for any claim, loss, or cost, including reasonable legal fees, that comes from your breach of these Terms, your receipt uploads, or your conduct at a restaurant.

Step one: talk to us.

Before any formal proceeding, email legal@rstrntpass.com with a description of the issue and give us 30 days to sort it out. Most things get resolved here.

Step two: arbitration.

If we cannot resolve it, you and RSTRNT PASS agree that any dispute arising from these Terms or the Service will be settled by binding individual arbitration run by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator decides questions about whether a claim can be arbitrated, except that a court decides whether the class action waiver below is valid.

Arbitration can take place in Harris County, Texas, by video, or in the county where you live, your choice. Fees follow the Consumer Arbitration Rules, and we cover any filing fee above what you would have paid in court.

No class actions.

YOU AND RSTRNT PASS AGREE TO BRING CLAIMS ONLY AS INDIVIDUALS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine claims from more than one person. If this waiver is found unenforceable for a particular claim, that claim goes to court and the rest of this section still applies.

Small claims.

Either of us can bring an individual claim in small claims court in Harris County, Texas, or your home county, if it qualifies.

Opting out.

You can opt out of arbitration by emailing legal@rstrntpass.com within 30 days of first accepting these Terms, with the subject "Arbitration opt-out" and your account email. Opting out does not affect anything else in these Terms.

These Terms are governed by Texas law, and by the Federal Arbitration Act where it applies. For anything not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts in Harris County, Texas.

We may update these Terms. For material changes we give at least 30 days notice by email and in the app, unless a change is required by law or reduces your obligations, in which case it may take effect right away. The date at the top is when the current version took effect. Continuing to use the Service after a change means you accept it. Changes to the arbitration section do not apply to disputes you have already raised.

• These Terms, the Privacy Policy, and the Cookie Notice are the whole agreement between you and us about the Service.
• If any part is unenforceable, the rest still applies.
• If we do not enforce a right straight away, we have not given it up.
• You cannot transfer these Terms to someone else. We can transfer them to a successor or affiliate.
• We contact you at the email and phone number on your account. You contact us at legal@rstrntpass.com.
• Sections 4, 6, 12, 14, 15, 16, and 18 continue to apply after your membership ends.

RSTRNT PASS INC., a Delaware corporation, based in Houston, Texas. Email is our channel for all notices.

Member support: hello@rstrntpass.com · Legal notices: legal@rstrntpass.com