Terms of Service

Effective Date: June 6, 2026
Last Updated: June 19, 2026

1. Acceptance of These Terms

These Terms of Service (the “Terms”) are a legally binding contract between you and HAVE FUN NOW LLC, a Florida limited liability company doing business as HaveFun.NOW (“HaveFun.NOW,” “HFDN,” “we,” “us,” or “our”), governing your access to and use of the HaveFun.NOW iOS application (the “App”), the website at https://havefun.now and its subdomains (support.havefun.now, nfc.havefun.now), and any related features, content, and services we provide (collectively, the “Service”).

By creating an account, signing in, tapping “Continue as Guest,” tapping an NFC tag that opens the App or our website, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy (available at support.havefun.now/privacy.html), which is incorporated into these Terms by reference.

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

2. Apple App Store Terms

You acknowledge that these Terms are between you and HaveFun.NOW only, not with Apple Inc. (“Apple”). HaveFun.NOW, not Apple, is solely responsible for the App and its content. To the extent these Terms do not include a separate end-user license agreement (EULA), Apple’s standard EULA (the “Licensed Application End User License Agreement”) will apply, except where superseded by these Terms.

You further acknowledge:

Apple has no obligation to provide maintenance or support for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
HaveFun.NOW, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, consumer protection claims, and intellectual property claims.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

3. Eligibility

3.1 Minimum Age

You must be at least 13 years old to create an account on the Service. The Service is intended for general audiences and includes both family-friendly content and content directed at adults. Some venues, events, and activities on the Service are age-restricted by law or by the venue operator (for example, bars, nightclubs, and venues serving alcohol that require patrons to be 18 or 21 or older). The Service does not override or modify those restrictions, and your appearance on the Service does not authorize you to enter or remain at any venue or event for which you do not meet the venue’s or event’s own requirements.

3.2 Users Under 13

The Service is not directed to children under 13, and we do not knowingly collect personal information from anyone under 13. If you are under 13, you may not create an account, submit any personal information, or use any authenticated feature of the Service. If a parent or legal guardian becomes aware that their child under 13 has created an account or provided personal information, please contact us at support@havefun.now and we will delete the account and the associated information promptly in accordance with the Children’s Online Privacy Protection Act (“COPPA”) and our Privacy Policy.

We reserve the right to terminate any account we reasonably believe to belong to a person under 13 and to require additional verification of age where appropriate.

3.3 Users Between 13 and 17 (Minors)

If you are between 13 and 17 years old, you may only use the Service with the involvement and consent of a parent or legal guardian. By using the Service, you represent that:

A parent or legal guardian has reviewed and agreed to these Terms and our Privacy Policy on your behalf;
You have your parent’s or guardian’s permission to use the features you use, including (as applicable) creating an account, sharing location while checked in, posting photos and other content, messaging other users, and participating in chat; and
Your parent or guardian accepts joint responsibility for your use of the Service and any User Content you submit.

We strongly encourage parents and guardians to monitor minors’ use of the Service, to discuss safe online behavior, and to make use of the privacy and reporting tools described in §9 and §10.

A parent or legal guardian may contact us at support@havefun.now at any time to:

Request information about the minor’s account and what data is associated with it;
Request correction or deletion of the minor’s account or User Content; or
Restrict the minor’s ability to use specific features.

Additional protections for minors. We will treat accounts we know belong to a minor with heightened care, including (as the platform develops these controls) restricting location-sharing defaults, limiting unsolicited messages from strangers, and avoiding targeted advertising. Some features of the Service may be unavailable to known minor accounts.

3.4 Venue and Event Age Restrictions

Many venues and events listed on the Service have their own age requirements set by law (such as 18+ for tobacco retailers, 21+ for venues serving alcohol) or by the operator. You are responsible for knowing and complying with the age requirements of any venue or event you attempt to visit, check in at, or interact with. HaveFun.NOW does not control venue admission, does not verify your age at the door, and is not responsible if a venue refuses you entry, ejects you, or takes other action based on your age. Checking in to a venue or event through the App does not grant you the right to enter that venue or event.

3.5 Legal Capacity

You represent that you have the legal capacity to enter into a binding contract — or, if you are a minor, that a parent or legal guardian with legal capacity has reviewed and agreed to these Terms on your behalf. You also represent that you are not prohibited from using the Service under the laws of the United States, your state of residence, or any other applicable jurisdiction.

3.6 Geographic Scope

The Service is currently offered primarily in Key West, Florida and is operated from the United States. We make no representation that the Service is appropriate, available, or lawful in any other location. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

4. Your Account

4.1 Ways to Use the Service

The Service offers three modes of access:

Guest mode. You may browse certain content (such as the venue/event map and public profiles) without creating an account by tapping “Continue as Guest.” Guest sessions are anonymous; you cannot check in, post content, earn Fun Points, claim coupons, message other users, or participate in chat while in guest mode. Attempting any of these actions will prompt you to sign in or create an account.
Email and password. You may create an account using a valid email address and a password.
Sign in with Apple. You may create an account or sign in using Sign in with Apple. We will only receive the information Apple authorizes (which may be a private relay email address). You can manage what Apple shares with us at any time via your Apple ID settings.

4.2 Account Information

You agree to provide accurate and complete information when creating an account and to keep that information current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@havefun.now of any unauthorized access or suspected security breach.

4.3 One Account per Person

You may only create and use one personal account at a time. You may not allow any other person to use your account.

5. Account Deletion

You may delete your account at any time from within the App (Settings → Account → Delete Account) or by contacting us at support@havefun.now.

When you initiate account deletion:

Your account enters a 30-day grace period, during which signing back in will offer you the option to cancel the deletion.
After 30 days, your account and personal data will be permanently deleted in accordance with our Privacy Policy, subject to limited retention required by law or for legitimate operational purposes (such as fraud prevention, legal compliance, financial records, and aggregated/anonymized analytics).
Content you posted publicly (such as photos shared to the community, reviews, chat messages, or check-in records contributing to leaderboards and venue statistics) may persist in anonymized or de-identified form. Specifically, public posts and reviews may be retained but disassociated from your identity.
We may retain certain information if required by law, to resolve disputes, enforce these Terms, or to protect HFDN, our users, or the public.

You may also delete content individually before deleting your account. Deletion of an account is permanent after the grace period ends and cannot be undone.

6. The Service — What You Can Do

The Service currently provides the following functionality. We may add, remove, or modify features at any time.

6.1 Discover Venues and Events

You can browse a map and list of nearby venues and events sourced from our venue directory and event calendar. Venue and event information is provided by venue owners, event organizers, our staff, automated imports, and other users. We do not guarantee that this information is accurate, complete, current, or that the venue or event will operate as listed.

6.2 Check In at Venues and Events

You can check in at a venue or event using:

GPS check-in, which uses your device’s location services to verify that you are within the venue’s or event’s defined geofence.
NFC tap check-in, by tapping your iPhone against a HaveFun.NOW NFC tag deployed at a venue.

Check-in starts a “Cockpit” session that tracks your time at the venue/event and accrues Fun Points based on rules described in §6.4. Check-out occurs when you explicitly end the session, when the event ends, or when our geofence detects that you have left the area.

You agree to check in only when you are physically present at the venue or event. Fraudulent check-ins (including spoofing location, sharing NFC tags off-premises, or using automation) violate these Terms and may result in account suspension, point forfeiture, and other consequences.

6.3 Post Photos and Engage with the Community

You can capture photos within the App and post them to the HaveFun.NOW community (powered by BuddyBoss). You can also browse the community via the embedded “Fun” tab, follow other members, send direct messages, join groups, write reviews of venues, and participate in real-time live chat features.

6.4 Fun Points, Ranks, Achievements & Leaderboards

You can earn Fun Points by performing actions on the Service (such as checking in, posting photos, completing in-app activities, and similar engagement). Points feed into ranks, achievements/badges, and city and global leaderboards.

Fun Points have no monetary value. They cannot be redeemed for cash, exchanged, transferred between accounts, sold, or assigned. They are not your property and we may adjust, deduct, expire, or forfeit them at any time, including (without limitation) for violations of these Terms, suspected fraud, technical errors, or as part of changes to the Service.

The amount and rate at which Fun Points are awarded is determined by our internal mechanics and may change at any time without notice. Leaderboard standings, rank promotions, and achievement unlocks are calculated based on data we receive from your activity and are subject to correction.

6.5 Coupons and Offers

Venue owners and other authorized issuers may publish coupons and offers through the Service. When you save (claim) a coupon, you receive a claim record that may be redeemable at the issuing venue subject to the coupon’s terms (validity window, usage limits, restrictions, and conditions set by the issuer).

Coupons and offers are between you and the issuing venue. HaveFun.NOW provides the platform but is not a party to the offer. We do not guarantee that any venue will honor any coupon, that a coupon’s terms are accurate or lawful, or that a coupon will be available when you attempt to redeem it. Disputes about a coupon’s redemption should be raised with the issuing venue first. We may, at our discretion, mediate or refund Fun Points, but we have no obligation to do so.

6.6 NFC Tags

The Service uses Near Field Communication (“NFC”) tags placed at participating venues to enable check-ins and other features. NFC tags are physical hardware and may be unavailable, damaged, missing, or relocated. We do not guarantee the availability or functionality of any NFC tag at any specific location. Tapping a HaveFun.NOW NFC tag opens a URL on nfc.havefun.now that either deep-links into the App (if installed) or loads a fallback web page.

7. User Content

7.1 What “User Content” Means

“User Content” means any content you submit, post, upload, share, or display through the Service, including photos, videos, captions, profile information, comments, reviews, chat messages, direct messages, activity posts, and any other text or media.

7.2 License to HaveFun.NOW

You retain ownership of your User Content. By submitting User Content to the Service, you grant HaveFun.NOW a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (including for the purpose of formatting, resizing, transcoding, and moderation), create derivative works of, publicly perform, publicly display, and distribute your User Content for the purpose of operating, promoting, and improving the Service.

This license continues for as long as your User Content remains on the Service. Deleting your User Content or your account terminates this license on a going-forward basis, except that (a) we may retain copies for a reasonable period for backup, legal, compliance, and security purposes; and (b) where you have shared User Content with others (such as via direct messages or chat), copies may continue to exist with those recipients.

7.3 Your Representations About User Content

You represent and warrant that:

You own or have all necessary rights, licenses, and permissions to submit the User Content and to grant the license above.
Your User Content does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, or other rights.
Your User Content does not violate any law or these Terms.
If your User Content depicts identifiable people, you have obtained any consents required by law from those people (including for photos taken inside venues).

7.4 Moderation

We are not obligated to review or moderate User Content, but we may do so. We reserve the right (but not the obligation) to remove, edit, or refuse to display any User Content at our sole discretion, with or without notice, for any reason or no reason.

8. Acceptable Use & Prohibited Conduct

You agree not to use the Service to do any of the following, and you agree not to attempt, encourage, or assist others in doing them:

Objectionable Content. Post, transmit, or display any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially or ethnically offensive, or otherwise objectionable. We have zero tolerance for objectionable content; violations may result in immediate account termination without notice.
Harassment. Stalk, threaten, intimidate, or harass any other user, venue staff, or other person.
Impersonation. Impersonate any person or entity, falsely state or misrepresent your affiliation with a person or entity, or attempt to gain access to another user’s account.
Minors. Solicit, attempt to solicit, or interact inappropriately with any person under 18.
Illegal Activity. Use the Service to engage in or facilitate any illegal activity, including (without limitation) sale or distribution of controlled substances, prostitution, or unlawful gambling.
Fraudulent Check-ins. Spoof, simulate, automate, or otherwise falsify your location or NFC interactions; check in to venues where you are not physically present; manipulate the Fun Points system; create fake accounts; or coordinate with others to inflate scores or leaderboards.
Reviews and Ratings. Post fake, paid, coerced, or incentivized reviews; post reviews of venues where you have a competing financial interest; or coordinate review manipulation.
Spam and Solicitation. Send unsolicited promotional content, spam, chain messages, pyramid schemes, or solicit other users for commercial purposes without our written permission.
Privacy Violations. Collect or harvest personal information about other users; post another person’s private information (including photos identifying them in compromising contexts) without consent; or use the Service to surveil, track, or stalk anyone.
Security. Probe, scan, or test the vulnerability of the Service; breach or circumvent any security or authentication measure; access any part of the Service not intended to be accessible by you; introduce viruses, worms, malware, or other harmful code; or interfere with the operation of the Service.
Automation. Use any bot, scraper, crawler, or automated means to access or interact with the Service, except for publicly accessible search-engine crawlers obeying our robots.txt.
Reverse Engineering. Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the App, except to the extent that applicable law expressly prohibits this restriction.
Commercial Use. Resell, sublicense, or commercially exploit the Service or any content on it, except as expressly permitted by us in writing.
Intellectual Property. Infringe any patent, copyright, trademark, trade secret, or other intellectual property right.

9. Reporting, Blocking & Content Concerns

We require all users to have access to tools for managing their experience and addressing problematic content.

9.1 Reporting

You can report objectionable User Content or abusive behavior:

In-app: Use the report function attached to user profiles, posts, messages, and chat (provided by our BuddyBoss community layer).
Email: Contact us at support@havefun.now with a description of the content and where it appeared.

We aim to review reports of objectionable content within 24 hours and take appropriate action, which may include content removal, warning the reported user, suspending the reported account, or permanent termination.

9.2 Blocking

You can block any other user. Blocking prevents the blocked user from sending you messages, viewing certain parts of your profile, and interacting with your content within the Service.

9.3 Emergencies

The Service is not designed for emergencies. If you or someone else is in danger, call 911 (or your local emergency number) immediately. Do not rely on the Service for emergency response.

10. Location, NFC, Camera & Other Device Permissions

The Service requires certain device permissions to function:

Location (When In Use). Used to show nearby venues and events, verify GPS check-ins, and trigger geofence-based auto-checkout. We do not request “Always” background location. You can revoke location access in iOS Settings; doing so will disable GPS check-in and related features.
NFC. Used to read HaveFun.NOW NFC tags for check-ins. iOS controls NFC permissions; tapping a tag is always an explicit user action.
Camera. Used to capture photos and videos you choose to post.
Photo Library. Used (with your permission) to select existing photos to post.
Notifications. Used to send Service-related updates (such as check-in confirmations or community activity); you can manage push notification permissions in iOS Settings.

Refer to our Privacy Policy for full details on what we collect, how we use it, and your choices.

11. Intellectual Property

11.1 Our Content

The Service, including its software, design, graphics, logos (“HaveFun.NOW,” “.NOW,” and related marks), text, layout, and aggregated data, is owned by HaveFun.NOW or our licensors and is protected by U.S. and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

11.2 Third-Party Components

The Service incorporates third-party software, data, and services, including (without limitation) Google Maps, Apple’s Sign in with Apple, Amazon Web Services (S3, CloudFront, Amplify), Pusher (real-time chat), BuddyBoss, The Events Calendar, and GeoDirectory. Your use of these components may also be subject to the third party’s own terms.

11.3 Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent:

DMCA Designated Agent
Timothy M. Lorber, Designated Agent
HAVE FUN NOW LLC (d/b/a HaveFun.NOW)
2416 Patterson Avenue, #2
Key West, FL 33040
Email: support@havefun.now

Your notice must include the information required by 17 U.S.C. § 512(c)(3), including (1) a physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material to be removed and reasonably sufficient information to locate it; (4) your contact information; (5) a statement of good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the copyright owner’s behalf.

We may terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

12. Termination

12.1 Termination by You

You may stop using the Service at any time. You may delete your account as described in §5.

12.2 Termination by Us

We may suspend or terminate your access to the Service, with or without notice, for any reason or no reason, including (without limitation) if we believe you have violated these Terms, if your use creates risk or legal exposure for us, if your use is harmful to other users, or if we decide to discontinue the Service.

12.3 Effect of Termination

On termination, your right to use the Service ends immediately. Sections that by their nature should survive (including §7.2 license, §11 Intellectual Property, §13 Disclaimers, §14 Limitation of Liability, §15 Indemnification, §16 Dispute Resolution, §17 Class Action Waiver, and §19 General) will survive.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that:

The Service will be uninterrupted, secure, timely, or error-free.
Venue listings, event listings, real-time location data, check-in eligibility, coupon availability, Fun Points calculations, leaderboard standings, NFC tag availability, or chat message delivery will be accurate, current, or reliable.
Any errors will be corrected, or that defects will be fixed.
The Service is free of viruses or other harmful components.
Any User Content or third-party content is accurate, lawful, or appropriate.

You assume all risk arising from your use of the Service, including any risk associated with visiting venues and events, interacting with other users in person or online, or relying on information shown in the Service. HaveFun.NOW is not a party to any interaction between you and any venue, event organizer, or other user.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

In no event will HaveFun.NOW, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including (without limitation) damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with these Terms or the Service, whether based on contract, tort (including negligence), strict liability, or otherwise, and whether or not we have been advised of the possibility of such damages.
Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you have paid HaveFun.NOW in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred U.S. dollars ($100).

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

15. Indemnification

You agree to indemnify, defend, and hold harmless HaveFun.NOW, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your use of the Service.
Your User Content.
Your violation of these Terms.
Your violation of any law or any right of any third party (including intellectual property, privacy, and publicity rights).
Any in-person interaction between you and any other user, venue, or event organizer arising from your use of the Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

16. Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HAVEFUN.NOW AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

16.1 Informal Resolution First

Before filing any claim, you agree to first contact us at support@havefun.now and make a good-faith effort to resolve the dispute informally for at least sixty (60) days.

16.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, rather than in court, except that you may bring an individual claim in small-claims court if it qualifies.

The arbitration will be administered by JAMS under its Streamlined Arbitration Rules then in effect. The arbitration will be conducted in the English language and held in Miami-Dade County, Florida, or via video conference at your election.

The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Exceptions

Either party may bring an action in court for injunctive or equitable relief related to intellectual property infringement, unauthorized access, or breach of confidentiality, without first complying with §16.1 or §16.2.

17. Class Action Waiver

YOU AND HAVEFUN.NOW AGREE THAT EACH PARTY 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, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. Unless both you and we agree in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

If this class action waiver is found unenforceable, then the entirety of §16 (Arbitration) will be null and void, but the rest of these Terms will remain in effect.

18. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and by applicable U.S. federal law. Subject to §16, the exclusive venue for any judicial proceeding permitted under these Terms will be the state and federal courts located in Monroe County, Florida.

19. General

19.1 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms in the App and on support.havefun.now, updating the “Last Updated” date, and (where required) providing additional notice such as an in-app message or email. Your continued use of the Service after the effective date of any update constitutes acceptance of the updated Terms.

19.2 Entire Agreement

These Terms (together with our Privacy Policy and any additional terms we provide for specific features) constitute the entire agreement between you and HaveFun.NOW regarding the Service and supersede all prior agreements and understandings.

19.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

19.4 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision.

19.5 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely.

19.6 No Third-Party Beneficiaries

Except for Apple as expressly stated in §2, there are no third-party beneficiaries to these Terms.

19.7 Notices

We may provide notices to you by posting in the App, on support.havefun.now, or by sending an email to the address on file. You may provide notices to us at support@havefun.now.

19.8 Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, riots, civil unrest, government action, labor disputes, pandemics, power or internet failures, or natural disasters.

20. Contact

HAVE FUN NOW LLC (d/b/a HaveFun.NOW)
2416 Patterson Avenue, #2
Key West, FL 33040
General: support@havefun.now
Legal: support@havefun.now
Privacy: support@havefun.now
Abuse reports: support@havefun.now
DMCA: support@havefun.now