These Terms of Use (“Terms”) are a legal agreement between you (“User,” “you,” or “your”) and eSmartech LLC, a limited liability company registered in the State of North Dakota (“eSmartech,” “DinePals,” “Company,” “we,” “us,” or “our”), the developer and operator of the DinePals mobile application, DinePals website (dinepals.com), DinePals admin portal, and DinePals partner portal (collectively, the “Service” or “App”).
BY CREATING AN ACCOUNT, DOWNLOADING, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
1. Description of Service
DinePals is a social dining and community platform that helps users discover restaurant events, shared meals, recipes, and other food-related experiences, and connect with other users, hosts, and restaurant partners who share similar dining interests. Features may include, without limitation: user profiles, location-based discovery, in-app messaging, meal/event hosting and participation, restaurant event listings, recipe content, and user feedback/ratings.
DinePals is a discovery, communication and meeting tool. DinePals does not organize, supervise, chaperone, insure, or guarantee the safety of any in-person meeting, meal, or event arranged through the Service. See Section 8 (Safety and In-Person Meetings) and our Legal & Consumer Disclosure Statement.
2. Eligibility
You must be at least 18 years old to create an account or use the Service. By using DinePals, you represent and warrant that you are 18 or older, that you have the legal capacity to enter into these Terms, and that all registration information you provide is accurate and truthful. DinePals is not directed to and may not knowingly be used by anyone under 18.
3. Account Registration
You agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your information; (c) keep your login credentials confidential; (d) be responsible for all activity under your account; and (e) notify us immediately of any unauthorized use. We may suspend or terminate accounts that contain false, misleading, or impersonating information.
4. User Conduct
You agree not to:
- Impersonate any person or misrepresent your identity, age, affiliation, or intentions;
- Harass, threaten, stalk, abuse, or endanger any other user;
- Post or transmit content that is unlawful, defamatory, obscene, hateful, discriminatory, or infringing;
- Use the Service for any commercial solicitation not authorized by DinePals;
- Use the Service to promote violence, discrimination, or illegal activity;
- Attempt to access another user's account or non-public areas of the Service;
- Scrape, reverse-engineer, or interfere with the operation of the Service;
- Use bots, scripts, or automated means to access or interact with the Service;
- Upload viruses or malicious code; or
- Violate any applicable local, state, national, or international law.
We reserve the right to investigate and take appropriate action, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement, at our sole discretion.
5. User Content
“User Content” means profile information, photos, messages, recipes, event listings, reviews, ratings, and any other material you submit to the Service.
- License to DinePals: You grant DinePals a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute your User Content solely to operate, promote, and improve the Service.
- Your Responsibility: You are solely responsible for your User Content and represent that you own it or have the right to post it, and that it does not violate any law or third-party right.
- Moderation: We may, but are not obligated to, monitor, review, or remove User Content at our discretion, including content reported by other users.
6. Feedback, Ratings, and Reviews
The Service may allow users to leave feedback or ratings about dining experiences, hosts, other users, or restaurant partners. Feedback must be honest, respectful, and based on genuine experience. DinePals may remove feedback that violates these Terms and is not responsible for the accuracy of user-submitted feedback.
7. Restaurant and Community Partners
Restaurants, hosts, and community organizations may list events or experiences through the DinePals partner portal, subject to separate partner terms. DinePals is a promotional and discovery platform; DinePals is not a party to, and assumes no responsibility for, any transaction, reservation, event, or experience between a user and a restaurant, host, or partner. Any disputes regarding food quality, service, pricing, cancellations, or event conduct are solely between the user and the relevant restaurant, host, or partner.
8. Safety and In-Person Meetings
DinePals facilitates introductions and event discovery, but does not conduct criminal background checks, identity verification, or screening of users, hosts, or event attendees, unless expressly stated otherwise in the App. You are solely responsible for your own safety and conduct when interacting with other users online and, in particular, when meeting anyone in person.
You agree to:
- Exercise caution and sound judgment before meeting any person or attending any event arranged through the Service;
- Meet in public places, especially for a first meeting;
- Tell a friend or family member of your plans and location;
- Never send money, financial information, or personal identification documents to another user;
- Report any suspicious, abusive, or unsafe behavior through the App's reporting tools.
DinePals is not liable for the conduct, whether online or offline, of any user, host, restaurant, or third party, or for any injury, loss, or damage arising from an in-person meeting, meal, or event arranged through the Service.
9. Fees and Payments
Certain features of the Service may be offered on a paid or premium basis. Any applicable fees, subscription terms, and refund policies will be disclosed at the time of purchase and are subject to the payment terms of the applicable app store (Apple App Store or Google Play Store) or other payment processor.
10. Intellectual Property
The Service, including its design, software, trademarks (including “DinePals”), logos, and all content provided by DinePals (excluding User Content), is owned by eSmartech LLC or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
11. Third-Party Links and Services
The Service may contain links to third-party websites, restaurants, or services not owned or controlled by DinePals. We are not responsible for the content, policies, or practices of any third party.
12. Disclaimer of Warranties
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, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. DINEPALS DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR SAFETY OF ANY USER, RESTAURANT LISTING, EVENT, OR CONTENT ON THE SERVICE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESMARTECH LLC, ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, ANY USER INTERACTION, OR ANY IN-PERSON MEETING OR EVENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DINEPALS’ TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DINEPALS IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain liability limitations, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless eSmartech LLC and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, your User Content, or your interactions with other users, hosts, or restaurant partners.
15. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to other users, DinePals, or third parties. You may stop using the Service and delete your account at any time through the App or by contacting us.
16. Dispute Resolution and Arbitration
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved informally by contacting DinePals. If not resolved within 30 days, the dispute shall be resolved by binding arbitration administered under the rules of a mutually agreed arbitration organization, on an individual basis (no class actions), except where prohibited by law. Either party may bring an individual claim in small claims court as an alternative to arbitration.
17. Governing Law
These Terms are governed by the laws of the State of North Dakota, without regard to conflict-of-law principles, except where superseded by applicable federal law.
18. Changes to These Terms
We may modify these Terms from time to time. Material changes will be notified through the App or by posting an updated version with a new “Last Updated” date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
19. General
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right or provision is not a waiver of that right. These Terms, together with the Privacy Policy, constitute the entire agreement between you and DinePals regarding the Service.
20. Contact Us
eSmartech LLC
DinePals App
Registered in the State of North Dakota
Website: www.esmartechs.com
App Website: www.dinepals.com
Email: privacy@dinepals.com
Address: 6774 68th St. S. Horace ND – 58047